COMPULSORY ARBITRATION
| GREECE |
| YPOKHREOTIKÍ DIETISÍA υποχρεωτικέ διαιτησία COMPULSORY ARBITRATION |
For thirty-five years, the predominant dispute settlement procedure in Greece was compulsory arbitration . In effect, the conciliation stage which was provided for under the relevant legislation did not operate. Recourse to arbitration could be initiated by either of the two sides, and in certain exceptional circumstances the Minister for Labour could personally refer a dispute to compulsory arbitration. Restriction of the exercise of the right to strike, the elimination of dialogue and a prescribed system of bargaining were among the best-known consequences of the operation of this institution, which also represented one of the forms of state intervention in Greek industrial relations.
Although recourse to compulsory arbitration was usually initiated by the employers' side in the case of major disputes at national level, at lower levels it was sometimes initiated by the unions, whose members are generally in a weaker position financially.
Nowadays, following Law 1876/1990, compulsory arbitration is no longer the predominant method of settling collective disputes. It will, however, take some time for the mentalities, attitudes and, in general, "tradition" created by it to disappear. In the new system for settling disputes, arbitration now represents the final and, according to the philosophy underlying this Law, least desirable option.
As currently regulated (Law 1876), recourse to arbitration which is initiated unilaterally is the equivalent of compulsory arbitration, but only occurs subject to certain exceptional conditions (see arbitration ).
Please note: the European industrial relations glossaries were compiled between 1991 and 2003 and are not updated. For current material see the European industrial relations dictionary.