Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Minimum Age Convention, 1973 (No. 138) - Greece (Ratification: 1986)

The Committee notes the Government’s report and its communication of 16 May 2011, as well as the communication of the Greek General Confederation of Labour (GSEE) dated 28 July 2011.

Article 3(3) of the Convention. Authorization to carry out hazardous work from the age of 16 years. In its previous comments, the Committee noted that section 7(5) of Presidential Decree No. 62/1998 provides that certain exceptions regarding the authorization to carry out hazardous work of “adolescents” may be made. The Committee noted that section 2(c) of Presidential Decree No. 62/1998 seems to define an “adolescent” as a young person of at least 15 years of age who has ceased to attend compulsory school in accordance with the relevant provisions. The Committee reminded the Government that, according to Article 3(3) of the Convention, national laws or regulations or the competent authority may authorize employment or work as from the age of 16 years on condition that the health, safety and morals of the young persons concerned are fully protected and that the young persons have received adequate specific instruction or vocational training in the relevant branch of activity.

The Committee notes the Government’s indication that the employment of adolescents in dangerous work, as provided for by section 7(5) of Presidential Decree No. 62/1998, may only be permitted under certain conditions, such as the performance of these tasks under the supervision of the safety technician and/or labour physician or the Protection and Prevention Services in order to ensure the protection of these adolescents’ health and safety. However, the Committee notes once again with concern that Presidential Decree No. 62/1998 continues to permit the performance of hazardous work by persons as of the age of 15 years, pursuant to sections 2(c) and 7(5). The Committee therefore once again strongly urges the Government to take the necessary measures to bring its national legislation into conformity with Article 3(3) of the Convention by providing that no person under 16 years of age may be authorized to perform hazardous work under any circumstance. In this regard, it once again urges the Government to take measures to ensure that section 2(c) of Presidential Decree No. 62/1998 is amended to define a “young person” as a person of at least 16 years of age.

Article 6. Apprenticeship and conditions of employment. The Committee previously noted that the Greek Parliament adopted, on 5 May 2010, Act No. 3845/2010 (FEK A’65/6-5-2010) on “Measures to implement a mechanism to support the Greek economy by the Member States of the Euro area and the International Monetary Fund”. The Committee also noted the adoption of Act No. 3863/2010 on the “New social security system and relevant provisions” (FEK A’115) which is aimed at implementing the time-bound commitments made in the two memoranda with regard to structural policies on strengthening labour markets. The Committee noted the statement in the previous communication of the GSEE that Act No. 3845/2010 includes provisions that directly exclude (or serve as a legal authorization for the introduction of further exclusions) groups of workers, including young workers, from the scope of the National General Collective Labour Agreement, and from the generally binding provisions on minimum wages and conditions of work. The GSEE further alleged that, pursuant to Act No. 3863/2010, minor workers of 15 to 18 years of age will be employed under contracts of “apprenticeship” with extended probationary periods and will receive 70 per cent of the minimum wage established in the national collective agreement. According to the GSEE, these young workers will be excluded from the protective provisions of labour legislation on permissible working hours, the start and end of the working day taking into account course schedules, obligatory periods of rest, obligatory paid annual leave, time off for attending school, studying and sick leave (pursuant to section 74(8) and (9) of Act No. 3863/2010). The GSEE stated that the deregulation of the existing minimum protective legislative framework, in addition to the absence of adequate guarantees and deficient inspection mechanisms, will have multiple harmful side effects for young workers. In this regard, the Committee drew the Government’s attention to Part IV, Paragraphs 12 and 13 of the Minimum Age Recommendation, 1973 (No. 146). Paragraph 12 states that measures should be taken to ensure that the conditions in which children and young persons under the age of 18 years are employed or work reach and are maintained at a satisfactory standard. Paragraph 13 states that in connection with Paragraph 12 “special attention should be given to: (a) the provision of fair remuneration and its protection, bearing in mind the principle of equal pay for equal work …; and (e) coverage by social security schemes, including employment injury, medical care and sickness benefit schemes, whatever the conditions of employment or work may be”. The Committee requested the Government to provide information in its next report on measures taken or envisaged to ensure that the conditions of work for young persons under the age of 18 are maintained at a satisfactory standard and that adequate safeguards are adopted to protect them from hazardous work, taking into account Greece’s ratification of the Worst Forms of Child Labour Convention, 1999 (No. 182).

The Committee notes the Government’s information, in its communication of 16 May 2011, concerning the conditions of apprenticeship contracts. According to section 74(9) of Act No. 3863/2010, employers are given an incentive to conclude special apprenticeship contracts of up to one year’s duration with young persons aged between 15 and 18 years, in order for them to acquire skills and professional experience and ease their entry into the labour market. Apprenticeships are paid at a rate of 70 per cent of the minimum wage provided for by the National General Collective Labour Agreement. The period of apprenticeship for persons aged over 16 years cannot exceed eight hours per day and 40 hours per week, while those who are under 16 years of age cannot work for more than six hours per day and 30 hours per week. Moreover, the apprenticeship cannot take place between 10 p.m. and 6 a.m.

The Committee notes the Government’s information in its report that, in accordance with Cabinet Decree No. 6 of 28 February 2012 on the “Regulation of issues concerning the application of article 1(6) of Act No. 4046/2012”, the statutory minimum wages and salaries for young persons aged below 25 years have been reduced by 32 per cent, and section 74(9) of Act No. 3863/2010 has been amended only with regard to the remuneration of apprentices, which now amounts to 68 per cent of the minimum wage and salary thresholds, but retains all other requirements and conditions of employment.

The Committee notes the allegation of the GSEE according to which new provisions allow the employment of young workers of 18 to 25 years of age under apprenticeship contracts of prolonged duration – 24 months – while excluding young workers from the scope of minimum wage standards.

However, the Committee once again recalls that Paragraph 12 of the Minimum Age Recommendation, 1973 (No. 146), provides that measures should be taken to ensure that the conditions in which children and young persons under the age of 18 years are employed or work reach and are maintained at a satisfactory standard. Moreover, the Committee recalls that, by virtue of Article 6 of the Convention, apprenticeships may be permitted for persons of at least 14 years of age in undertakings, where such work is carried out in accordance with conditions prescribed by the competent authority, after consultation with the organizations of employers and workers concerned. In this regard, the Committee observes that children under 18 years of age performing apprenticeships may not do so at night and may not perform overtime. Moreover, the Committee observes that children appear to always be under the supervision of the professionals who train them. The Committee therefore observes that there appear to be adequate safeguards to protect apprentices under the age of 18 years from hazardous work.

With regard to the issue of the provision of fair remuneration and its protection, the Committee refers to its comments made under the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

Part V of the report form. Application of the Convention in practice. Labour inspection. Following its previous comments, the Committee notes the Government’s information that in 2010 the labour inspectorate recorded three complaints of illegal employment of under-age persons and imposed four fines, while in 2011 it recorded two complaints of illegal employment of under-age persons and imposed 21 fines. The Government further indicates that 1,462 young persons (between the ages of 15–18) were permitted to work in 2009, pursuant to Act No. 3850/2010 on the ratification of the code of laws on workers’ health and safety, and 874 such young persons in 2011. The Committee requests the Government to continue to provide information on the manner in which the Convention is applied, including, for example, statistical data on the employment of children and young persons, extracts from the reports of inspection services and information on the number and nature of violations detected and penalties applied involving children and young persons.