Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

Equal Remuneration Convention, 1951 (No. 100) - Greece (Ratification: 1975)

The Committee notes the observations of the Greek General Confederation of Labour (GSEE) received on 1 September 2021 and 1 September 2023.

Articles 1 and 2 of the Convention. Work of equal value. Application of legislation in practice. The Committee recalls that article 22(1)(b) of the Constitution and section 4(1) of Law No. 3896/2010 provide that men and women are entitled to equal remuneration for work of equal value, but do not define the notion “work of equal value” nor set criteria for assessing the respective value of different jobs. Such definition is left to judges who in most cases consider that the equal pay principle applies to workers employed by the same employer, who belong to the same category, have the same formal qualifications and provide the same services under the same conditions. The Committee notes with regret the lack of information provided by the Government on the manner in which the notion “work of equal value” referred to in the national legislation is interpreted in practice by labour inspectors and labour courts, and on any measures taken to promote the application of the concept in line with the Convention. In that regard, it notes that, in its 2024 country report on gender equality, the European Commission highlights that the notion of “equal value” is unclear to litigants and judges, so that in most cases the comparison concerns the same work. This lack of transparency together with the lack of revision of traditional, felt-fair, non-transparent job classifications to the detriment of formerly ‘female’ (and still female-dominated) categories render the legal provisions on equal pay to a great extent ineffective (pages 49–50 of the report). The Committee asks the Government to provide information on: (i) the manner in which the notion “work of equal value” referred to in the national legislation is interpreted in practice by providing extracts of relevant administrative or judicial decisions; (ii) any training and awareness-raising activities undertaken for labour inspectors, judges and law enforcement authorities in relation to the notion of “work of equal value” and the principle of the Convention; and (iii) any measures taken to ensure that, when determining whether two jobs are of equal value, these authorities consider the overall value of the job and that the definition allows for jobs of an entirely different nature and beyond the same employer to be compared.

Article 2(2)(b). Minimum wages. The Committee welcomes the Government’s statement, in its report, regarding the yearly increases of the statutory minimum wages and notes that, pursuant to Ministerial Decision No. 25058/29.3.2024, as of 1 April 2024, the statutory minimum wages were set at €830 for white-collar workers, and the minimum daily wage at €37.07 for blue-collar workers. The Government adds that the establishment of minimum wages either by law or collective labour agreements does not include any discrimination on the ground of sex. In that regard, the Committee notes that, in its observations, the GSEE highlights that: (1) 46 per cent of workers are paid the minimum wage; (2) the current minimum wage rates cover only around 60 per cent of the needs that define the minimum level of a decent living; and (3) there is a need to restore the minimum wage determination processes through the negotiation and conclusion of collective labour agreements. In light of the persistent gender pay gap and gender segregation of the labour market, the Committee asks the Government to provide information on the measures taken to ensure that minimum wage rates for white-collar and blue-collar workers are fixed based on objective criteria and do not contribute to the undervaluation of positions in which women are predominantly employed. It also asks the Government to provide information on: (i) the manner in which it is ensured that in defining minimum wages through collective agreements, rates are fixed on objective criteria, free from gender bias, and that female-dominated occupations are not undervalued in comparison with those predominantly undertaken by men; and (ii) the percentage of women and men who are employed as white-collar workers and blue-collar workers and who are paid the minimum wages.

Articles 2(2)(c) and 4. Collective agreements and collaboration with the social partners. The Committee notes that, in its observations, the GSEE highlights: (i) the very low rate of collective bargaining coverage (14 per cent); (ii) the ‘violent’ neutralization of the collective bargaining process for wage determination as a result of the Government’s interventions; and (iii) the lack of effective institutionalized tripartite social dialogue over a decade that restricts the capacity of social partners to be involved, inter alia, in the implementation of the principle of the Convention. Recalling the important role that can be played by collective agreements in the application of the principle of the Convention, the Committee asks the Government to provide information on: (i) any measures taken to strengthen collective bargaining coverage, in particular with a view to implementing the EU Directive 2022–2041 of 19 October 2022 on adequate minimum wages, which requires member states with collective bargaining coverage of less than 80 per cent to submit an action plan to promote collective bargaining; (ii) the manner in which the application of the Convention is promoted through collective agreements, including information on how provisions contained in collective agreements promote equal remuneration for men and women for work of equal value; and (iii) any activities implemented, in collaboration with the social partners, to promote the application of the principle of the Convention, and the results achieved.

Article 3. Objective job evaluation. The Committee notes the Government’s statement that, in the public sector, remuneration and pay increases are not based on sex but on other criteria such as years of service completed, qualifications, working conditions, performance and responsibilities. In this regard, the Committee recalls that the concept of “equal value” laid down in the Convention requires some method of measuring and comparing the relative value of different jobs. There needs to be an examination of the respective tasks involved, undertaken on the basis of entirely objective and non-discriminatory criteria in order to avoid the assessment being tainted by gender bias. While the Convention does not prescribe any specific method for such an examination, Article 3 presupposes the use of appropriate techniques for objective job evaluation, comparing factors such as skill, effort, responsibilities and working conditions. In that regard, the Committee further recalls that “performance appraisal”, which aims at evaluating the performance of an individual worker in carrying out his or her job, differs from “objective job evaluation”, which is concerned with evaluating the job and not the individual worker (see General Survey of 2012 on fundamental Conventions, paragraphs 695, 696 and 700–703). The Committee asks once again the Government to provide information on: (i) the method used to establish the classification of jobs of employees in the public sector and corresponding salary scales without gender bias; (ii) any job evaluation exercise undertaken in the public sector, indicating the criteria used and the measures taken to ensure that men and women receive equal remuneration for work of equal value; and (iii) any measures taken to promote the use of objective job evaluation methods and criteria that are free from gender bias, such as qualifications and skills, effort, responsibilities and conditions of work, in the private sector.

Enforcement. The Committee notes that, under Ministerial Decision No. 80016/01.09.2022 on the classification of infringements and setting of fine amounts imposed by the labour inspectorate, infringements relating to the violation of the principle of the Convention are classified as “severe infringements” and the fine amounts to €2,000 per affected person. It however notes the Government’s statement that the labour inspectorate did not address any case of violation of the principle of equal pay for men and women in the reporting period. In this regard, the Committee wishes to recall that no society is free from discrimination and that the absence of cases or complaints could indicate a lack of an appropriate legal framework, lack of confidence in, or absence of practical access to, procedures, or fear of reprisals (see General Survey of 2012, paragraph 871). The Committee notes that, in its observations, the GSEE expresses concern about: (1) the disorganization and possible deterioration of the labour inspectorate which became an independent authority, as a result of Law No. 4808/2021, and is no longer subject to institutional supervision by the Minister of Labour and Social Affairs; and (2) the transfer of gender equality responsibilities between ministries which has further disrupted data coordination. In light of the apparent restrictive interpretation of the principle of the Convention made at national level, the Committee asks the Government to provide information on: (i) any training on the principle of the Convention provided to labour inspectors, judges and law enforcement authorities; (ii) any awareness-raising activities undertaken among workers and employers in relation to the notion of “work of equal value” and enforcement mechanisms available; and (iii) the number of cases or complaints concerning inequality of remuneration dealt with by the labour inspectors, the Ombudsman or the courts, as well as the sanctions imposed and remedies granted.