Observation (CEACR) - adoptée 2020, publiée 109ème session CIT (2021)

Convention (n° 156) sur les travailleurs ayant des responsabilités familiales, 1981 - Grèce (Ratification: 1988)

Autre commentaire sur C156

Observation

Demande directe

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The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year, as well as on the basis of the information at its disposal in 2019. The Committee notes the observations of the Greek General Confederation of Labour (GSEE) received on 31 August 2017 and 30 October 2019.

Measures addressing family responsibilities during the COVID-19 pandemic. The Committee notes that the Government refers to the adoption of the Emergency Law of 13 March 2020 (O.G.A’/55) and Emergency Law of 20 March 2020, which provide for two alternative measures for workers from the public sector, irrespective of sex, whose children attended kindergartens, nurseries and schools up to the third grade of Junior High Schools that had suspended operations, or whose children were aged up to four years old and did not attend kindergartens and nurseries: 1) a ”special purpose leave” conceived in successive 4-days cycles (three of them being registered as paid leave days, and one of them being registered as annual leave); and 2) a reduction of up to 25 per cent of working hours on a daily basis without reduction in wages, with the requirement to compensate them with work beyond normal working hours once school units reopen. The Government adds that provision was made to exclude workers from the scope of the abovementioned measures taking into account the full and effective functioning of specific services within the framework of addressing the pandemic (including employees who serve at the Ministry of Health, health service provider bodies, the Ministry of Immigration and Asylum and the personnel of all uniformed services). The Government also indicates that Emergency Law of 13 April 2020 (O.G.A’/84) provided for similar leave arrangements for workers in the private sector, in which case the 4-days cycle ‘special purpose leave’ would be recorded as leave granted by the employer (2 days), leave subsidized by the State (1 day) and annual leave (1 day). The Committee observes the Government’s indication that ‘special purpose leave’ applies to both parents as an alternative or complementary option if they are both employed in the public or private sector, but that they cannot take it simultaneously, and that it is also granted to a working parent where the other parent is not employed but is in hospital suffering from any disease or coronavirus, or is a person with disabilities. While such measures were adopted for the closure period of school units and childcare facilities, the Government explains that they continued to apply after their reopening and until the end of the 2019-20 school year in case children-pupils or immediate family members were among the group of people at high risk of illness from COVID-19 or were already suffering from it. The Government also refers to Law 4722/2020 which provides for the use of the special leave for children’s sickness for 14 days or more by working parents in case their children are affected by the virus. The Committee asks the Government to provide information on the application and results of the specific leave measures adopted in the context of the Covid-19 pandemic.

Legislative developments. The Committee refers to its comments on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111) regarding the application of Law No. 4604/2019 on Substantive Gender Equality Preventing and Combating Gender-Based Violence of 12 June 2019. The Committee also notes with interest the Government indication in its report and supplementary information that Law 4590/2019 increases the number of days of leave of civil servants due to sickness of their children and provides parental leave for both parents in the event of the adoption of children; while Law 4674/2020 introduces new provisions on family-related leave in the public sector, such as, for example: (1) for the upbringing of an adopted or foster child or a child born through a surrogacy arrangement, for child sickness and children school monitoring; (2) for workers who have a spouse or children (including the guardianship of a child) who suffers from certain diseases or with disabilities; and (3) for civil servants who need mobility arrangements (due to health reasons from the worker, a spouse or partner, or a first degree relative, or to join the civil servant spouse who works in a different region or country). The Government adds that, according to Law 4674/2020, certain types of leave were also granted to public sector employees bound by a fixed-term contract under private law. The Committee asks the Government to provide information on the application, scope and impact of leave and mobility measures provided for in Law No. 4590/2019 and Law No.4674/2020.

Article 3 of the Convention. National policy. Protection from discrimination on the ground of family responsibilities. Referring to its previous comments where it noted that working mothers returning from maternity leave have been offered part-time and rotation work, the Committee notes the Government’s reference to the prohibition of discrimination on the grounds of gender or family status through Law 3895/2010 and Law 3896/2010. The Committee also takes note of the National Action Plan on Gender Equality (NAPGE) for 2016–2020, which sets as a priority the reconciliation of work and family life as well as a number of targeted actions concerning, inter alia, protection against discrimination on the grounds of pregnancy and maternity and the monitoring of complaints concerning discrimination on the ground of family responsibilities against men and women, as well as that the Labour Inspectorate, in cooperation with the Ombudsperson, is the relevant body to monitor and implement access of workers with family responsibilities to employment, and to address complaints on violations of worker’s rights. The Committee nevertheless notes that according to statistical information provided by the Government in its report on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), since 2014 the number of women workers whose working arrangements have been converted to part-time and rotation employment, with or without their consent, has increased, and that, in its 2018 special report on equal treatment, the Ombudsperson highlighted the substantial number of reports relating to detrimental changes in working conditions imposed on women returning from maternity leave. In April 2019, the United Nations (UN) Working Group on Discrimination Against Women in Law and Practice expressed concern about ongoing discrimination based on pregnancy and family responsibilities, indicating that while women who return to work following maternity leave are legally entitled to return to the same job or an equivalent one, in practice, a serious deficiency is observed in the application of the law relating to these matters, particularly in relation to women in high-ranking positions (OHCHR, Press statement of 12 April 2019). The Committee asks the Government to provide information on the measures adopted, in the framework of Law 3896/2010 and the National Action Plan on Gender Equality or otherwise, to facilitate the reconciliation between work and family life both for men and women workers with family responsibilities, including by ensuring that workers with family responsibilities receive adequate protection against discrimination in practice. The Committee asks the Government to provide information on any measures taken to ensure the effective implementation of the relevant legislative provisions, including awareness-raising activities for employers, as well as their impact. It also asks the Government to provide information on any cases of discrimination in employment and occupation based on family responsibilities dealt with by the labour inspectors, the Ombudsperson, or the courts, as well as on the sanctions imposed and remedies provided.

Article 5. Childcare and family services and facilities. The Committee previously noted that, as a result of the action “Reconciliation of work and family life” (implemented in the framework of the Operational Programme “Human Resources Development” 2007/2013), women workers received a voucher providing care services for babies, children and persons with disabilities, and requested the Government to consider providing such vouchers to men and women workers with family responsibilities on an equal footing. The Committee notes the Government’s indication that such measures benefited almost 210,000 persons and that, as a result, the action will be continued for the period 2014–20, targeting women with low income. The Government adds that the beneficiaries of such action are mothers, as well as men or women who are granted the custody of children by court ruling. The Committee notes that, in its supplementary information, the Government indicates that, according to Joint Ministerial Decision (JMD) 71383 (O.G. B’/2774/08.07.2020), provision was made for vouchers for child care and care for persons with disabilities, with a view to increasing the employability of low income beneficiary men and women. Concerning the number of childcare facilities, the Committee notes that in its report and supplementary information the Government indicates that: (1) according to 2020 data, there are a total of 2489 public and 1437 private childcare facilities, benefiting 65376 and 71976 children respectively; and (2) pursuant to article 12 of Law No.1483/1984, when constructing their buildings, industrial undertakings or holdings with a staff of more than three hundred persons, are required to foresee the provision of adequate and appropriate accommodation for a nursery school covering the needs of workers (in this context, the Manpower Employment Organization has the responsibility for the operation of 25 nurseries nationwide, hosting 1.061 toddlers and infants). The Committee however notes that the GSEE expresses concern at the continuous reduction of the available day-care facilities for children and dependent persons and refers in this regard to the 2016 Annual report of the National Commission for Human Rights which highlighted the continuous reduction of the already insufficient day-care facilities for children and dependent persons limiting women’s ability to take up employment or keeping them in jobs with reduced rights (NCHR, Annual report, 2016). The Committee also notes that, in its observations presented on the implementation of the ILO Equal Remuneration Convention, 1951 (No. 100) and Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the Hellenic Federation of Enterprises and Industries (SEV) highlights that it is essential to increase and ensure better availability, accessibility and quality of formal care facilities, especially for infants and preschool children, to increase the active participation of women in the labour market. It further notes that the European Commission recently indicated that, as regards the availability of childcare facilities, the situation in Greece, which has a participation rate lower than 10 per cent, hardly improved at all (European Commission, 2019 Report on equality between men and women in the EU). Furthermore, it notes that, in December 2018, the GSFPGE highlighted the need for additional measures for the participation of children in preschool education, which will contribute to the reconciliation of family, personal and professional life of their parents, especially women (GSFPGE, E-bulletin No. 18, 17 December 2018). The Committee notes that, in April 2019, the UN Working Group on Discrimination Against Women in Law and Practice also considered that a major issue of concern for gender equality is the severe reduction of state-provided care services for children and dependent persons which intensifies women’s unpaid care work, limiting their ability to access or remain into the labour market, Greece having very low rates of childcare and childcare being costly. The Committee asks the Government to continue taking appropriate steps in order to effectively ensure adequate, affordable and accessible childcare services and facilities, with a view to assisting men and women workers to reconcile work and family responsibilities. It further asks the Government to provide information on: (i) the extent of childcare, and family services available for men and women workers with family responsibilities; and (ii) the number of workers with family responsibilities making use of the existing childcare and family services and facilities.

Article 8. Protection against dismissal. The Committee previously noted the rapid increase in the number of complaints relating to the dismissal of pregnant women, despite Act No. 3896/2010 (sections 16 and 20) and Act No. 3996/2011 which provide specific protection against unfair dismissal and extend to 18 months the period of time during which working mothers cannot be dismissed after their return from maternity leave. The Government indicates that, pursuant to section 52 of Law No. 4075/2012, dismissal on the ground of an application for granting parental leave is null and void. The Committee notes that NAPGE 2016–2020 sets, among its specific actions: (1) the protection of pregnant women, including through the elimination of abuse of dismissal for a “significant reason”; (2) the protection of women against discrimination on the grounds of pregnancy or maternity; and (3) the monitoring of complaints concerning discrimination on the ground of family responsibilities against men and women. It further notes the Government’s indication that the Labour Inspectorate, in cooperation with the Ombudsperson, is the relevant body to address complaints on violations of worker’s rights and that, in 2018, Labour Inspectorate Regional Directorates handled 15 cases regarding women who were forced to resign or dismissed during maternity protection period. The Committee notes that, in its 2018 special report on equal treatment, the Ombudsperson indicated that the substantial number of reports relating to the dismissal of pregnant women in the private sector demonstrates that despite enhanced legislative protection, the relevant prohibition has not been fully understood. The Committee asks the Government: (i) to take appropriate steps to ensure effective protection of men and women workers against dismissal on the ground of family responsibilities, including by ensuring that effect is given in practice to sections 16 and 20 of Act No. 3896/2010 and Act No. 3996/2011; and (ii) to provide information on any cases of dismissal of workers on the ground of family responsibilities dealt with by the labour inspectors, the Ombudsman, or the courts as well as the sanctions imposed and remedies granted.

The Committee is raising other matters in a request addressed directly to the Government.