Demande directe (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.

Impact of the structural reform measures on the application of the Convention. Since 2010, the Committee has been examining the austerity measures adopted in the framework of the financial support mechanism, and requesting the Government to monitor the impact of such measures on gender equality, including workers with family responsibilities. While noting that the Government does not provide information on any impact assessment undertaken to that end, the Committee notes that the GSEE reiterates its previous concerns regarding the absence of any impact assessment of the austerity measures on the implementation of the Convention, and considers that due to the austerity measures, the burden of family responsibilities on women has increased due to gender stereotypes and as a result of uneven sharing between men and women of child and family care responsibilities. The Committee takes note of the adoption of the National Action Plan for Gender Equality (NAPGE) for 2016–20 and more particularly of the Government’s acknowledgement that the prolonged austerity policies have disproportionately affected women’s employment. While noting that the third economic adjustment programme ended on 20 August 2018, the Committee also notes that, in April 2019, the United Nations (UN) Working Group on Discrimination Against Women in Law and in Practice considered that Greece was lagging behind other countries in the European Union on women’s rights despite legal and policy frameworks being in place, because of poor implementation, the persistence of discrimination and the lingering impacts of the crisis and austerity measures (OHCHR, Press statement of 12 April 2019). While regretting that the Government did not undertake any impact assessment that could have helped it to better assess and mitigate the impact of the austerity measures adopted between 2012 and 2018 on the application of the Convention, the Committee trusts that the Government will take all the necessary measures, in collaboration with employers’ and workers’ organizations, the Ombudsperson and the enforcement authorities, to assess and address all the issues identified by the Committee on the Application of Standards of the International Labour Conference. It asks the Government to provide full information on the concrete measures implemented to that end, in the framework of the National Action Plan for Gender Equality or otherwise, as well as on any obstacle identified and the results achieved.

Article 2 of the Convention. Categories of workers. The Committee notes that, in 2018, the Ombudsperson and the European Commission highlighted that employees in fixed-term employment contracts in the public sector (including substitute state school teachers), are not granted the maternity leave which their permanent colleagues receive and are not entitled to paid sick leave in case of pregnancy related illness and parental leave (Ombudsperson, 2018 special report on equal treatment, and European Commission, Country report on gender discrimination, 2018). It notes that the GSEE also expresses specific concern in this regard. In its response to GSEE concerns, the Government indicates that maternity benefit entitlements are paid by the employer, the worker’s social security fund and the Greek Employment Office (OAED) at different rates. The Government also states that the special provision for maternity protection is not granted to: (1) workers bound by a fixed-term working relationship under private law in the public and broader public sector and certain Local Self-Government Agencies, and (2) workers bound by fixed-term or open-ended employment relationship under private law in Public Entities under Private Law that are included in the Register of General Government Authorities. Recalling that the Convention applies to all categories of workers, the Committee asks the Government to provide information on the steps taken or envisaged to ensure that the measures concerning workers with family responsibilities under the national legislation apply to employees in fixed-term employment contract in the public sector, including substitute state school teachers, as well as to workers bound by fixed-term or open-ended employment relationships under private law in Public Entities.

Article 4. Leave entitlements. The Committee previously noted that section 53(3) of the Civil Servants Code (Act No. 3528/2007) limits the use of the right to childcare leave (reduced working hours or a nine month period of paid leave) by male civil servants whose spouse is not working to cases in which the spouse is not capable of caring for children due to serious illness or other disabilities. The Committee notes with interest the Government’s statement, in its report, that such provision has been repealed by Law No 4210/2013, which also amended section 53(2) of the Civil Servants Code to provide for additional childcare leave in case of multiple births. The Government adds that: (1) childcare leave is counted as service for the calculation of employees’ benefits, both in the private and public sectors, despite section 51(5) of the Civil Servants Code; (2) according to circular No.  of the Ministry of Interior, time off from work of civil servants on the grounds of unpaid child-raising leave is recognized as actual service time up to four months; and (3) following Opinion No. 167/2014 of the state legal service, the period of maternity leave and sick leave due to childbirth, as well as parental leave, constitute service for the civil servants and are taken into account in calculating annual leave. The Committee also notes that, on February 2019, the Athens Court of Appeal recognized unpaid parental leave as working time for the purpose of pay calculation (Judgment No. 3693/2018). In that regard, the Committee notes that, in its supplementary information, the Government indicates that maternity and childcare leave for employees in positions of responsibility is counted as a period during which they are exercising responsibility duties. The Government points out that, by virtue of relevant circulars, a number of entitlements to leave related to family responsibilities (for instance, in cases where the worker has sick children, minors or adults with pervasive developmental disorder (PDD), or in specific cases where the worker has custody of a child as a litigation guardian) are an independent right of each parent-employee. Concerning the extent to which men and women workers, respectively, make use of family-related leave entitlements both in the private and public sectors, the Government states that no statistics are available but that family-related leave entitlements are mainly used by female civil servants. Data from 2020 provided by the Government in its supplementary information shows that, irrespective of the form of employment, women are granted more special leaves (80 per cent) than men, although men are granted a significant share of leaves for children’s school performance monitoring (26 per cent) and child-raising (24 per cent). The Government also refers to the ELSTAT’s Labour Force Survey (LFS), according to which: (1) in 2019, caring for children or dependent adults is the reason for part-time employment for 4.7 per cent of part-timers, and other family or personal responsibilities is the reason for part-time employment of 10.3 per cent; (2) in 2020, reasons for remaining inactive in the labour market included caring responsibilities for children or dependent adults (for 0.5 per cent of men and 8.7 per cent of women), family and caring responsibilities (for 2.1 per cent of men and 27.2 per cent of women) and other family or personal responsibilities (for 1.7 per cent of men and 18.4 per cent of women). The Committee notes that, in its 2018 special report on equal treatment, the Ombudsperson indicated that men frequently faced adversities in the equal granting of child-raising leave, as a result of the perception that child raising is strictly and exclusively the mother’s role, and that the NAPGE for 2016–20 provides for targeted actions to encourage men to use parental leave. The Committee encourages the Government to take steps to collect statistical data, disaggregated by sex, on the extent to which men and women workers make use of family-related leave entitlements, both in the public and private sectors, and to provide information on any progress made in that regard. Taking into consideration the persistent gender stereotypes concerning the sharing of family responsibilities, the Committee also asks the Government to provide information on any proactive measures taken to address the obstacles in the grating of parental leave and to encourage more men to make use of family-related leave, such as awareness-raising activities promoting the exercise of shared parental responsibilities and encouraging men’s engagement in parenting and caring for children, and other immediate family members, as well as on their impact.

Article 6. Awareness-raising measures. The Committee notes the Government’s statement that it encourages dialogue between social partners and non-governmental organizations on the basis of Law 3896/2010, and that the reconciliation of work and family life formed part of the Gender Equality Actions Plans which were implemented at regional level as a tool of gender mainstreaming in all public policies, in the framework of the National Strategic Reference Framework (NSRF) for 2007–13, which was completed in 2015. The Government adds that the GSFPGE regularly undertook information and awareness-raising activities for public bodies and social partners, and publishes relevant information on its webpage as well as other print and electronic mass media. The Government also adds that the Ministry of Labour and Social Affairs is implementing a number of community employment programs to grant the right of special leave for mothers, parents and for other beneficiaries with family circumstances in their conditions of employment, as well as self-employment promotion programs through the financial support of the entrepreneurial initiatives of women with young children or caring for a first-degree relative with a disability, and employment programs for women with young children. The Committee further notes that the NAPGE for 2016–20 sets as targeted action “providing training to employers on work and family life balance issues, to encourage the adoption of family-friendly practices at workplaces”. The Committee asks the Government to provide information on the actions undertaken, including in the framework of the National Action Plan for Gender Equality, in order to promote a broader understanding of the principle of equality of opportunity and treatment for men and women workers and awareness of the rights and needs of workers with family responsibilities, including among employers, and to address gender stereotypes regarding the role of men and women with respect to family responsibilities. It asks the Government to provide information on the impact of the awareness-raising activities undertaken, and on the implementation in practice of family-friendly practices at workplaces.

Article 7. Vocational guidance and training. The Committee notes the Government’s indication that, according to article 13 of Law No. 3896/2010, any form of discrimination on grounds of gender or marital status shall be prohibited with regard to the access to vocational guidance and re-guidance of any type, as well as to the determination of conditions and the participation in examinations for the acquisition of award of diplomas, certificates and other qualifications or licenses to exercise a profession. The Government also indicates that, according to article 20 of the same law, employees who use any leave provided for the birth, upbringing or adoption of a child, are entitled to return to their job or equivalent job post with no less favourable working terms and conditions and to benefit from any improvement of working conditions which they would be entitled to in their absence. The Committee asks the Government to provide information on how relevant provisions of Law No.3896/2010 are implemented in practice. It also asks the Government to provide statistical information on the number of workers with family responsibilities, disaggregated by sex, who participated in vocational guidance and training programmes.

Article 11. Participation of employers’ and workers’ organizations. The Committee notes the Government’s indication that the GSFPGE implemented five co-financed projects, in the context of the National Strategic Reference Framework for 2007–13, in order to establish Equality Offices, with helplines addressing issues on reconciliation of work and family life, in the headquarters of five employers and workers organizations. The Committee asks the Government to continue to provide information on the specific measures taken to promote social dialogue and tripartite cooperation in order to strengthen the laws, measures and policies giving effect to the Convention, and on the manner in which workers’ and employers’ organizations have participated in the design and implementation of such measures, including through collective bargaining and workplace policies on work and family reconciliation. Please provide information on the activities of the Equality Offices established at social partners’ headquarters and the results achieved.

The Committee draws the attention of the Government to its general observation adopted in 2019, recalling the relevance, importance and practical usefulness of the principles laid down in the Convention, and its accompanying Recommendation (No. 165), whose aim is to ensure that all workers with family responsibilities – women as well as men – are not disadvantaged in relation to other workers and, in particular, that women with family responsibilities are not disadvantaged in comparison to men with family responsibilities. Recalling the ILO Centenary Declaration for the Future of Work’s aim to achieve gender equality at work through a transformative agenda and stressing the importance of the Convention in achieving this goal, the Committee called for member States, and employers’ and workers’ organizations, to strengthen efforts towards specific goals.