Collective Bargaining
Regulation and Extension of Collective Autonomy System. Primacy of Collective Bargaining over Legislative Regulations [Levels, Duration and Validity of CLAs/ Collective Labour Agreements, Concurrency of CLAs, Favourability Principle, Extension Mechanism, Establishment of the Mediation and Arbitration Organisation (in Greek OMED/ Organismos Mesolavisis & Diaitisias). Determination of the Procedure On Collective Dispute Resolution]
•CLAs: Levels of collective bargaining and conclusion of CLA (NGCLA/National General Collective Agreement, sectoral, national/local occupational, firm-level). The NGCLA forms the minimum threshold for all CLA terms/ provisions Article 3(1/2)
OMED: Establishment of the right to strike during bargaining/ mediation/ arbitration Article 4(6)
•CLAs: Authorised to conclude firm-level CLAs are employers of at least 50 employees Article 6(1β)
CLAs/ Length: Minimum length of one year, with no maximum limit (open ended) Article 9(1)
•CLAs/ Grace period: Regulatory terms/conditions of expired CLAs remain in force for six months after the expiry date Article 9(4)
•CLAs/ Favourability principle: in the event of concurrent CLAs the provision most favourable to employees shall apply Article 10(1)
•CLAs: Sectoral or firm-level CLAs prevail over occupational Article 10(2)
•CLAs/ Extension mechanism: By decision, the Minister of Labour (after consulting the Supreme Labour Council) may extend and declare as binding on all employees of a sector/profession, a CLA already binding employers who employ 51% of the sector/profession’s employees Article 11(2)
•OMED: Recourse to mediation by either party (employers/employees) Article 15(1)
•OMED: Unilateral recourse to arbitration a) by either party if the other party has refused mediation b) by trade unions who have accepted the mediator’s proposal, rejected by the employer (in this case ten days suspension of the right to strike) Article 16(1)
•OMED: Establishment of the Mediation and Arbitration Organisation Article 17(1)
Intervention in Collective Autonomy Through Legislative Determination of Salaries/Wages in the Public Sector (Unilateral Reductions)
•CLAs/ Abolition of wage provisions: : Unilateral wage cuts of 12% in the public sector/ local government (except allowances for marital status, seniority, education and danger pay). 30% reduction of the holiday-leave allowances Article 1(2)
•CLAs/ Abolition of wage provisions: Unilateral wage cuts of 7% in the wider public sector/ bodies receiving public grants (except allowances for marital status, seniority, education and danger pay). 30% reduction of the holiday-leave allowances. Article 1(5)
•CLAs/ Abolition of wage provisions: Wage freezing in public/ wider public/ local government sectors. Article 3(1)
First Memorandum. Decentralisation of Collective Bargaining System Allowing with Οpt Outs from Higher Level CLAs. Intervention in Collective Autonomy Through Legislative Determination of Salaries/Wages in the Public Sector (Further Unilateral Reductions)
•CLAs/ Decentralisation of the Collective Bargaining System: Provisions/terms of occupational/firm-level CLAs may deviate from the provisions/terms of sectoral CLAs and the provisions/terms of sectoral CLAs from those of the NGCLA Article 2(7)
•CLAs/ Abolition of wage provisions: Unilateral wage cuts of 8% in the public sector/ local government Article 3(1)
•CLAs/ Abolition of wage provisions: Unilateral wage cuts of 3% in the wider public sector/ bodies receiving public grants (except allowances for marital status, seniority, education and danger pay) Article 3(4)
•CLAs/ Abolition of wage provisions: Horizontal reduction in holiday-leave allowances: new levels Christmas €500, Easter €250, Leave €250 Article 3(6)
Intervention in the Collective Dispute Resolution Procedure: No Legal Effect of Mediation/Arbitration Awards That Provide For Increases Above the EGCLA Increases
•OMED: No legal effect of Mediation/Arbitration Awards if they provide for wage increases for 2010 and the first half of 2011. Arbitration Awards from 01/07/2011 to 31/12/2012 should limit wage increases to the increases set out in the GNCLA (increase equal to the average euro-zone inflation rate) Article 51
Intervention in Collective Autonomy Through Legislative Determination of Salaries/Wages in the Public Sector (Further Unilateral Reductions). Decentralisation of the Collective Bargaining System Through the Introduction of ‘Special Firm-Level CLAs.’ OMED: Extension of the Unilateral Recourse to Arbitration To Both Parties. Limitation of the Scope of Arbitration Awards to the Determination of Basic Wage/Salary Levels
•CLAs/ Abolition of wage provisions: Unilateral
wage cuts of 10% for employees in the wider public sector (except marital status, danger pay and holiday allowances up to the amount of €1800 per month) Article 2(18)
•CLAs/ Introduction of special firm-level collective agreements: Terms/provisions of special firm-level CLAs may deviate from terms/provisions of sectoral CLAs but not below the level of the EGCLA Article 13
•OMED: Recourse to arbitration shall take place either following agreement of both parties or unilaterally, under the following conditions:
(a) either party shall have recourse to arbitration if the other party had refused mediation
(b) either party could have resort to arbitration immediately after the decision of the mediator if both parties had participated in the mediation Article 16(1)
•OMED: Limiting the scope of arbitration awards to determination of basic wage/salary levels and no other terms/conditions of employment or remuneration Article 16(3)
•OMED: The arbitrator should also take into account the economic conditions and the competitiveness of the productive activity related to the collective dispute Article 16(5)
•OMED: Suspension of the right to strike for a ten days period starting from the day of the recourse to arbitration (by any party) Article 16(8)
Decentralisation of the Collective Bargaining System Enabling a) Enterprises Regardless Of The Number of Employees b) Associations of Persons to Conclude Firm-Level CLAs. Temporary Suspension of Favourability Principle and Extension Mechanism
•CLAs/ Decentralisation of the Collective Bargaining System: Enabling all enterprises (including those with less than 50 employees) to conclude firm-level CLAs with ‘Associations of Persons’ (provided that the 3/5 of the employees participate in the Association) Article 37(1)
•CLAs/ Decentralisation of the Collective Bargaining System: Enabling all enterprises regardless the number of people
they employ to conclude firm-level CLAs Article 37(3β)
•CLAs/ Favourability principle: Temporary suspension of the favourability principle. Firm-level CLAs prevail over sectoral but not over the NGCLA until the end of the Midterm Fiscal Strategy Framework (MFSF) Article 37(5)
•CLAs/ Extension Mechanism: Temporary suspension of the extension mechanism of all sectoral/occupational CLAs until the end of the Midterm Fiscal Strategy Framework (MFSF) Article 37(6)
(Under the Authority of L.4046/2012/ Second Memorandum). Legislative Reduction of National Minimum Wage/ Bypassing Social Partners. CLAs’ Duration for a Maximum of Three Years. Mandatory expiry of CLAs on 14/02/2013 or on Completion of 3 Years. Shortening CLAs’ Grace Period. During After-Effect Period in Force Remains Only the Basic Wage Stipulated in the CLA plus Seniority, Child, Education and Danger Pay Allowances. OMED: Abolition of Unilateral Recourse to Arbitration. Arbitration Awards Should Consider Economic Conditions, Competitiveness, Unit Labour Costs and Production Activity in the Sector. Freezing of Maturity Coefficients
•NGCLA/ Abolition of wage provisions: Unilateral/legislative reduction of the NMW by 22% (32% for workers under 25 years of age) without the consent of the trade unions (until the end of the economic adjustment period) Article 1
•CLAs/ Length: CLAs shall be concluded for a maximum of three years (not open-ended). Minimum length remains the one-year period Article 2(1)
•CLAs: Mandatory expiry of all CLAs on 14/02/2013 or on completion of 3 years from conclusion Article 2(2/3)
•CLAs/ Grace and After-Effect Period: Expired CLAs will remain in force for a maximum of three months (instead of six stipulated in L.1876/1990). After expiry of the three months period only the basic wage stipulated in the expired collective agreement applies, plus seniority, danger pay, education, child (but not marital status) allowances Article 2(4)
•OMED: Abolition of unilateral recourse to arbitration (recourse only with the consent of both parties) [However, the Council of State declared the abolition of unilateral recourse unconstitutional (2307/2014)] Article 3(1)
•OMED: Arbitrators should take into account economic conditions, competitiveness, unit labour costs (until the end of the economic adjustment period) and the production activity of the sector Article 3(3)
•CLAs/ Unilateral wage cuts: Freezing of the maturity coefficients until unemployment falls below 10% Article 4
Introduction of a New Statutory Minimum Wage/Salary Setting System. Limiting Concurrency of NGCLA-Other CLA in Non-Wage Terms. Statutory Determination of NMW. Maturity Freeze.
•CLAs: Introduction of a New Statutory Minimum Wage/Salary Setting System coming into force on 1/04/2013 ΙΑ.11/ 1
•CLAs: Limiting concurrency of NGCLA/ other CLAs: National general collective agreements set the minimum non-wage terms/conditions applicable to workers throughout the country. Wage terms/conditions are binding for employees and employers who are members of the signatory trade unions and employers’ associations and may not fall below the statutory minimum wage/salary ΙΑ.11/ 2(a)
•CLAs/ Unilateral/legislative determination of NMW: Confirmation of the Sixth Act of the Ministerial Council NMW reductions plus seniority-based salary increments: 10% every three years, up to a maximum of three three-yearly periods (white-collar workers) and 5% every three years, up to a maximum of six three-yearly periods (blue-collar workers), For employees/ workers under 25 years of age, 10% increase for three years or more of service (white-collars) and 5% every three years up to a maximum of two three-yearly periods (blue-collars). Suspension of seniority increments for services after 14/02/2012 until the unemployment rate falls below 10% ΙΑ.11/ 3
New Statutory Minimum Wage/Salary Setting System: Following Consultation with Social Partners and Consideration of the Conditions and Growth Prospects of Greek Economy
•CLAs/ New statutory minimum wage setting procedure: After the economic adjustment period following consultation between the government, social partners, and experts. The level should be set taking into account the state of Greek
economy and its prospects for growth in terms of productivity, prices, competitiveness, employment, unemployment rate, income and wages Article 103 (1/3/4)
•SETE (The Greek Tourism Confederation) becomes a social partner Article 103 (5)
Reinstatement of Unilateral Recourse to Arbitration Following the Council of State’s Decision (2307/2014)
•ΟMED: Unilateral recourse to arbitration in the following cases: a) by either party when the other party has denied mediation b) by either party after the mediator’s decision Article16(2)
Fourth Memoradum. Extenting the Suspension of the Favourability Principle and Extension Mechanism Until the End of the Economic Adjustment Period
•CLAs/ Favourability principle: Until the end of the economic adjustment period (and not of the Midterm Fiscal Strategy Framework/ MFSF set out in L.4024) firm-level CLAs prevail over sectoral but not over the NGCLA Article 16(1)
•CLAs/ Extension mechanism: The application of the provisions of Article 11 paragraphs 2 and 3 of L.1876/1990 (for the extension mechanism) is suspended until the end of the economic adjustment period (and not of the Midterm Fiscal
Strategy Framework provided for by L.4024/2011) Article 16(2)
Collective Dispute Resolution Procedure: OMED Should Take into Account the Purchasing Power of Wages. Unilateral Recourse to Arbitration by the Party That has Accepted Mediation and Mediator’s Decision While the Other Party Has Regected Them
•OMED: The mediator/arbitrator should consider the evolution of the purchasing power of wages Article 15(1)
•OMED: Unilateral recourse to arbitration in the following cases: a) by either party if the other party has denied mediation b) by either party who has accepted the mediator’s decision while the other party has rejected it Article 15(3)
Developmental Omnibus Bill. Opt-Outs From Higher Level CLAs. Reintroduction of the Favourability Principle (with Opt-Out Provisions and The Primacy of Local over National Occupational/Sectoral CLAs). Reinstatement of the Extension Mechanism (On Conditions and With Opt-Out Provisions). Establishment of Mandatory Digital Registration of Employees and Employers (GEMISOE/GEMIOE). Addition of Prerequisites for Unilateral Recourse to Arbitration
•CLAs/ Opt-Outs from Higher Level CLAs: Introduction of opt-outs from sectoral and occupational CLAa, by exempting employees of social economy enterprises, non-profit enterprises and enterprises facing severe financial difficulties
(in insolvency/reorganisation or (pre)/bankruptcy). The terms/conditions to be exempted fall under the Minister of Labour to decide (after consulting the Supreme Labour Council) Article 53 (8)
•Establishment of GEMISOE and GEMIOE: α) All trade unions, associations of persons and employers’ organisations, especially those concluding CLAs should register with GEMISOE and GEMIOE, at the ERGANI/ Ministry of Labour information
system b) The Ministry of Labour establishes the GEMISOE (registration base of workers’ representatives) and the GEMIOE (registration base of employers’ representatives) which maintain: a) the statutes of the organisations and any
amendments or dissolution acts, b) the number of members having participated in the elections, c) the composition of the management board, d) the registered seat/office and contact details and e) financial information, in case of state funding. Additionally for employers, the number of employees employed by each member of the association Article 54
•CLAs/ Favourability principle: Reintroduction of the Favourability Principle with the amendments of a) paragraph 2: Sectoral or firm-level CLAs prevail over occupational but in the case of enterprises facing severe financial difficulties firm-level CLAs prevail over sectoral CLAs, unless the latter provide for exemptions and b) paragraph 3: National sectoral/occupational CLAs do not prevail over local sectoral/occupational CLAs
Article 55
•CLAs/ Extension mechanism: Reinstatement of the Extension mechanism with Opt-out Provisions: By decision, the Minister of Labour (following the conclusion of the Supreme Labour Council) may extend CLAs/AAs to all employees of the sector/profession under the following conditions: a) request submitted by any of the signatory parties to the Minister of Labour b) justificication of the impact of the extension on competitiveness and employment and notification of the justification to the Supreme Labour Council. The SLC issues a statement/opinion taking into account: a) the request for extension; b) Ministry of Labour’s verification on the representativeness of the CLA/AA, i.e. that the CLAs/AAs already binds employers employing more than 50% of the employees in the sector/profession; and c) the consultation of the signatory parties before the ASE on the need for the extension and its impact on the competitiveness of enterprises and the functioning of competition and employment. However: Enterprises facing severe financial difficulties (in insolvency/reorganisation or (pre)/bankruptcy) may opt-out from the extension of the CLA/AA or from certain terms/provisions (after the reasoned conclusion of the SLC) Article 56
•OMED/ Arbitration: Unilateral recourse to arbitration by any party as a last and subsidiary means of resolving collective labour disputes, only if the dispute a) concerns public
undertakings or undertakings of general interest, whose operation is vital for serving the basic needs of society as a whole α) b) if the CLAs failed to be concluded are deemed necessary for reasons of general social or public interest related to the Greek economy. Collective bargaining is perceived to have failed when cumulatively aa) the regulatory validity of the
existing CLA has expired (bb) any other means of conciliation and union action have been exhausted, and the party unilaterally recoursing to arbitration has participated in the mediation procedure and accepted the mediator’s proposal.
The unilateral recourse to arbitration should contain a comprehensive statement as to whether the requirements for recourse have been met. Unless the arbitration award rendered contains the full justification as to whether the conditions for recourse to arbitration were fulfilled it will remain out of force Article 57
Requirements for The Conclusion of CLAs: Trade Unions/Associations of Persons Should Register with GEMISOE and Provide All Required Information (Statutes, Number of Members with Voting Rights, Composition of the Management Board, Financial Data in Case of State Funding). Wages/Salaries Provided by the EGCLA are Binding Only For the Signatory Employers
•CLAs/ Broadening of Scope: Broadening of Scope: Firm-level CLAs may contain provisions on violence and harassment and complaints in company level Article 11
•CLAs: If the workers’ representative union fails to: register with GEMISOE, provide the information referred to in paragraph 4 (Statute, number of members with voting rights, composition of the management board, financial data in case of state funding) or update it, its right to bargain collectively and conclude a CLA is suspended for as long as the failure lasts and until it is remedied. Article 83
•CLAs/ Binding Scope:Wage/salary provisions of the NGCLA are binding only for the signatory employers. Basic wage/salary provisions, any increments thereto and any other remuneration
terms/conditions apply only to workers employed by employers who are members of the signatory employers’ associations and may not derogate from the statutory national minimum wage/salary Article 97(1)
•CLAs/ Binding Scope: All other CLAs are binding for employees and employers, members of the signatory parties, for the employer who concludes a collective agreement individually and for employers who conclude a collective agreement
with jointly authorised representative/representatives. Basic wage/salary provisions, any increments thereto and any other remuneration terms/conditions may not derogate from the statutory national minimum wage/salary Article 97(2)
•CLAs / Codification of Provisions: All CLAs or AAs submitted from 1 January, 2022 must have their provisions codified Article 100 (4)