Rapport définitif - Rapport No. 148, 1975

Cas no 794 (Grèce) - Date de la plainte: 31-MAI -74 - Clos

1. 14. The complaint by the International Metalworkers' Federation (IMF) was contained in a communication of 31 May 1974. The complainants submitted further information in a letter dated 17 June 1974. These communications were forwarded to the Government, which submitted its observations in a letter of 20 September 1974.
2. 15. Greece has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. A. The complainants' allegations

1. 16. The IMF stated in its letter of 31 May 1974 that it had been informed by its Greek affiliate, the Pan-Hellenic Confederation of Electro-Technicians and Allied Trades, that according to a new Law No. 353-74, article 9, paragraph l, subparagraph (b) trade unions in Greece are no longer permitted to accept economic assistance from abroad. This applies not only to financial support from a natural person outside Greece but also to organisations outside Greece such as the international Metalworkers' Federation.
2. 17. More specifically, the IMF adds in its second communication, the aforementioned article provides for six months' imprisonment and a financial sanction against every member of the board of a trade union who, in this capacity, accepts or decides on the acceptance by the union of any form of financial assistance from an alien. The complainants add that this clause imposes a very substantial restriction on the international relations of the Greek labour movement and specifically on the mutuality of rights and obligations between the Greek trade unions and the international trade union organisations.
3. 18. By a communication of 20 September 1974, the Government of Mr. C. Caramanlis states that, since it has been in power, it has made every effort to restore freedom of association and bring the relevant Greek legislation fully into line with the provisions of Conventions Nos. 87 and 96. Thus, adds the Government, Decree No. 42 of 1974 concerning the re-establishment of freedom of association and the settlement of related matters abrogates the anti-trade union laws dating from the time of the dictatorship and attempts to rectify the trade union system of the past seven years and to reorganise the trade union movement on democratic lines.
4. 19. The Government provides various details in this connection and mentions in particular that Decree No. 353 of 1974, which contained the clause constituting the substance of the complaint, has been abrogated by the Decree No. 42 of 1974 referred to. It also states that in establishing a draft law following normal procedure, due account has been taken of the observations made by the Committee of Experts on the Application of Conventions and Recommendations in order to bring Greek legislation into line with Convention No. 98.
5. 20. The information available shows that Greek legislation prohibited national trade unions receiving any financial assistance from abroad under threat of penal action against the responsible officials. However, the provision in question has been abrogated by the new Government.

B. B. The Committee's conclusions

1. 21. The Committee points out that under Article 5 of Convention No. 87, trade union organisations have the right to affiliate with international organisations of workers. It has already pointed out that this principle implies the right for the representatives of national trade unions to maintain contact with the international trade union organisations with which they are affiliated, to participate in the activities of these organisations and to make use of the services and advantages which their membership offers.
2. 22. The Committee considers that legislation prohibiting the acceptance by a national trade union of financial assistance from an international organisation of workers to which it is affiliated would violate the principles which have just been recalled. In this particular case, the Decree containing the clause criticised by the complainant has been abrogated. The Committee therefore considers that the matter does not call for further examination.

The Committee's recommendations

1. 23. Consequently, the Committee recommends the Governing:
   • (a) to note with interest the abrogation of the Decree containing the clause criticised by the complainant; and
   • (b) to decide, therefore, that the case does not call for further examination.
     • Geneva, 11 November 1974. (Signed) Roberto AGO, Chairman.