GSEE sets out demands for new central agreement

Download article in original language : GR0201146NEL.DOC

In January 2002 the Greek General Confederation of Labour (GSEE) invited employers' organisations to open bargaining over a new National General Collective Agreement, and set out its main demands for the agreement.

On 9 January 2002, the Greek General Confederation of Labour (GSEE) sent to its employer counterparts - the Federation of Greek Industries (SEV), the General Confederation of Greek Small Businesses and Trade s (GSEVEE) and the National Confederation of Greek Traders (ESEE) - an invitation to enter into bargaining with the aim of drawing up and signing a new National General Collective Agreement. It also set out its main demands for the agreement, which will succeed the 2000-1 accord (GR0006175N).

In its economic demands, GSEE's main objective is to make the new agreement the starting-point for convergence of wages and salaries with those elsewhere in the European Union, in view of the fact that the agreement will be the first since the introduction of euro notes and coins. In particular, it proposes substantially raising workers' incomes by linking pay to anticipated average inflation and GDP growth and compensating for the gap between anticipated and real inflation over the past two years. In addition to increases in minimum wages and salaries, GSEE's other proposals include: equality in severance pay for workers, technicians and employees; readjustment of the holiday bonus; and an increase in the pay premium for overtime worked on public holidays to 100%.

With regard to measures to combat unemployment, GSEE is again demanding a reduction in the working week to 35 hours without loss of pay (GR9908147N), and states that the gradual implementation of this measure may be a point for the concurrence of views and agreement between trade unions and employers.

In relation to 'institutional' issues, the unions' main demands concern fixed-term contracts, the preservation of workers' rights in transfers of undertakings and profit-sharing by workers in enterprises.

Concerning fixed-term contracts, GSEE proposes the following framework for agreement:

• fixed-contracts concluded to meet temporary needs should be considered open-ended if they last over three months;

• fixed-term contracts should not be concluded to cover workers' probationary periods. Law 2112/20 allows termination of a contract without compensation within the first two months. Longer probationary periods not leading to open-ended employment should result in compensation;

• if, within a period of 18 months, more than two fixed-term contracts are concluded between the same employer and employee with a total duration of at least 10 months, this should be regarded as tantamount to a single open-ended contract, except in cases of seasonal employment;

• the duration of the work permit of a non-Greek national should not determine whether his or her contract is fixed-term or open-ended; and

• provision should be made for payment of compensation on the termination of fixed-term contracts with a duration of over 12 months. When calculating this duration, account should not be taken of short gaps between successive contracts.

With regard to the preservation of workers' rights in transfers of undertakings (including mergers, acquisitions etc), GSEE believes there is an immediate need to adopt legislative provisions to implement the provisions of the recently amended EU Directive 2001/23/EC. However, regardless of the legislative transposition of the Directive, and inasmuch as the social partners are enabled by the Directive (Article 8) to introduce relevant provisions by agreement, GSEE is seeking agreement with the employers' organisations on a package of measures which include the following:

• in transfers of operations or undertakings, the regulations laid down in pre-existing enterprise-level collective agreements covering employees in the company being transferred should be extended, for a five-year transitional adjustment period, as compulsory terms in the employees' individual employment contracts;

• there should be a clearer formulation of the procedure for information and consultation with workers' representatives before a transfer is complete. This should be substantive in content and binding in effect;

• effective penalties should be introduced for undertakings that violate their obligations or commitments in this area;

• employers to which undertakings or businesses are transferred (transferees) should assume any obligations arising from institutional social insurance provisions in the undertaking or business being transferred, as well as continuing any existing additional group social insurance plans or funds;

• transfers should result in no adverse change in staff's existing rights. In addition, the transferee should guarantee that

  1. there will be no dismissals or non-renewal of contracts, even for technical or financial reasons, for a reasonable period of time,

  2. no pressure will be brought to bear for involuntary staff moves or transfers,

  3. no employee will be forced to take a lower position in the company, but that there will be a single staff policy without arbitrary discrimination,

  4. if relevant, there will be a gradual convergence of workers' rights and benefits up to the more favourable level,

  5. any 'voluntary' retirement plans will be agreed, with regard to both their feasibility and their terms, with the representatives of the workers at whom they are directed.

With regard to profit-sharing, as a supplement to Article 15 of the 2000-1 National General Collective Agreement (which expresses support for profit-sharing), GSEE is seeking to promote such employee financial participation through company-level collective bargaining and the conclusion of relevant collective agreements.