Positive reaction to new law on equal treatment for men and women

In late August 2006, the Greek parliament passed a law transposing into Greek legislation Directive 2002/73/EC of the European Parliament and of the Council of 23 September 2002 on the implementation of the principle of equal treatment for men and women.

Towards the end of August 2006, the Greek parliament passed a law on the implementation of the principle of equal treatment of men and women as regards access to employment, vocational training and promotion, and working conditions. The new legislation also included other related provisions, thereby completing the transposition into national law of Directive 2002/73/EC of the European Parliament and of the Council of 23 September 2002.

Content of new law

The provisions of the new law relate to people who are currently, or who anticipate being, employed in the private, public or semi-state sector under any form of employment relationship, as well as self-employed people and people undergoing vocational training. Like the EU directive, the law also defines direct and indirect discrimination, as well as harassment and sexual harassment. Such behaviours are deemed to be forms of discrimination on the grounds of sex that violate the principle of equal treatment, and for that reason they are prohibited. The law prohibits all forms of discrimination on the grounds of sex or family status with regard to:

• conditions for access to employment or working life in general;

• vocational training, retraining and vocational guidance programmes;

• the terms and conditions of employment or evaluation;

• membership of trade unions and various types of associations.

One expression of equal treatment is equal pay for work of equal value.

The new law prohibits any termination of the relationship of employment or subordination on the grounds of sex or family status, or any retaliation by the employer due to an employee’s failure to yield to harassment or any reaction by the employer to testimony or other action brought by the employee before a court in relation to the implementation of this specific law.

Role of the social partners

Trade union organisations are obliged to inform their members of the new statutory framework; the employers must also facilitate the trade unions in providing such information, and must promote equal treatment of men and women in the workplace in a planned and systematic way.

With regard to the right of victims of discriminatory behaviours to legal protection, the law stipulates that the person affected has the right to judicial protection and/or administrative action, and that – with the person’s consent – the competent trade union organisations may initiate legal proceedings in the person’s name.

Sanctions

Under the terms of this law, the victim is entitled to claim compensation and demand administrative sanctions in cases where the prohibition of discrimination on the grounds of sex has been violated; such violation constitutes a disciplinary offence in accordance with the Public Service Code. Furthermore, offences against the sexual dignity of a person that take advantage of the person’s employment status or of the fact that the person is in the process of seeking a job may be subject to legal action and are punishable by six months to three years of imprisonment along with a fine of at least €1,000.

In cases where complaints of such conduct are brought before a court or other competent authority, the burden of proof lies with the person against whom the complaint is brought; the latter must prove that there was no violation of the principle of equal treatment. This regulation does not apply to criminal proceedings.

Implementation

The Ombuds Office is appointed as the independent authority competent to monitor the implementation of this law. Any public authority receiving complaints, as well as the Corps of Labour Inspectors (SEPE) when noting any violations, should communicate them to the Ombuds Office. If a violation occurs, the Ombuds Office must mediate in order to redress the offence against equal treatment or must communicate its findings to other competent authorities.

Under this law, a Department of Gender Equality of the Supreme Labour Council has been established at the Ministry of Employment and Social Protection, with a range of competencies relating to equal treatment for men and women. Gender equality offices have also been established, which will operate as part of the SEPE, and which are called on to collaborate with the Ombuds Office for the implementation of the provisions of this law.

Reaction to new law

Reactions to the law have been largely positive. For the most part, interest was focused on the provisions concerning sexual harassment, due to the shortcomings of existing national legislation.

With regard to the reactions of the social partners, the Greek General Confederation of Labour (GSEE) took a positive view in general. It welcomed in particular the protection guaranteed to people testifying in court. The confederation’s objections mainly involved the clause on the burden of proof, since the provisions of the law do not apply to criminal proceedings. Finally, GSEE put forward a demand for the law to take effect retroactively, making it effective from the time the directive came into force.

On the employer side, the National Confederation of Greek Traders (ESEE) had already considered the draft bill as positive, although it was dissatisfied with the delay with which the directive was transposed into Greek law. The employers also expressed concern over possible adverse effects of introducing legal terms that are open to a range of subjective interpretations. In the opinion of the ESEE, the small size of Greek enterprises makes it difficult to manage such sensitive issues; therefore, the organisation warns against the litigious tendencies of Greek people and the danger that a lawsuit industry will come into being (press release, 27 July 2006).

In June 2006, employer organisations had signed a protocol with the government on promoting gender equality in the workplace (GR0607019I).

Christina Karakioulafis, INE-GSEE/ADEDY