Following transposition of the European equal treatment directive, the Greek Ombudsman is responsible for monitoring the principle of equal treatment. Its gender equality unit has published a report outlining the 230 complaints received since its establishment in May 2008. Women submitted almost 77% of the complaints. The majority of the cases of unequal treatment concern the terms and conditions of employment. Discrimination related to parental leave is most common.
Law 3488/2006 on ‘Implementation of the principle of equal treatment for men and women regarding access to employment, vocational training and career advancement, terms and conditions of employment’ transposed Directive 2002/73/EC on this subject into Greek legislation. The law has designated the Ombudsman (Συνήγορος του Πολίτη, StP) as the mechanism for monitoring implementation of the principle of equal treatment for men and women, as well as a mediating body between the affected parties and the alleged violators of the principle, with a view to rectifying any infringements (GR0705019I). In May 2008, the Ombudsman set up a new Unit for Equality dealing exclusively with gender equality issues. In November 2009, that unit published an activity report.
Complaints of gender discrimination
From the time the separate unit on gender equality came into operation in May 2008, and during the reference period of the report, the Ombudsman received 230 complaints. Of those that were closed after investigation, 50% were resolved following successful mediation by the Ombudsman. Women submitted 76.96% of the complaints and men lodged 23.04% of complaints. With regard to topics covered, 82.71% of the cases handled by the Ombudsman concerned matters of unequal treatment and 17.29% pertained to maternity benefits – that is, allowances for pregnancy and confinement, supplemental benefits and the special benefit to protect motherhood – which objectively refer only to working mothers. Based on the complaints lodged, Table 1 shows that unequal treatment on the grounds of gender was noted mainly in terms and conditions of employment (48% of cases).
Table 1: Cases of unequal treatment, by area arising (%)
| In terms and conditions of employment | 48.02 |
| Pay-related | 25.99 |
| Access to employment | 11.86 |
| Termination of employment relationship | 8.47 |
| In vocational education or training | 3.95 |
| In career development or promotion | 1.69 |
| Total | 100.00 |
Source: Ombudsman, 2009
Based on the types of discrimination prohibited by Law 3488/2006, within the framework of Directive 2002/73/EC, Table 2 reveals that most complaints involved discriminatory treatment related to parental leave to raise or care for children (25% of cases) and indirect discrimination (23%).
Table 2: Cases, by category of discrimination under Law 3488/2006 (%)
| Discriminatory treatment related to parental leave to raise or care for children | 25.0 |
| Indirect discrimination | 23.15 |
| Direct discrimination | 15.74 |
| Discriminatory treatment related to maternity leave | 12.96 |
| Discriminatory treatment related to pregnancy | 11.11 |
| Discrimination related to marital or family status | 5.56 |
| Sexual harassment | 5.56 |
| Multiple discrimination | 0.93 |
| Total | 100.0 |
Source: Ombudsman, 2009
Issues highlighted
On the basis of the cases handled, the Ombudsman has noted a number of issues. For example, employers who discriminate on the basis of gender also systematically violate many other provisions of labour legislation, in relation both to the employees discriminated against on the basis of their gender, and to the other workers that they employ.
Atypical contracts lead to erosion of maternity rights
In both the private and public sector, employment status has been fragmented, due to the coexistence of employees with different kinds of employment contract and employment relationship or forms of employment. These include public-law, open-ended, fixed-term employment or project contracts, one-day contracts, temporary work agency contracts, training contracts or self-employed people also working as employees. Thus, despite the fact that they may perform similar tasks, such employees have different gradations of rights. More specifically, as regards the scope of competencies of the gender equality unit, the Ombudsman has noted that the multiplicity of forms of employment status has undermined the protection of maternity rights.
Pressure on women to resign when pregnant
The number of complaints received by the Ombudsman regarding dismissals and discriminatory treatment of employees during pregnancy and after returning to work following maternity leave confirm the fact that enterprises tend to look on pregnancy and motherhood as being incompatible with work. Moreover, in many cases, pregnant women are the object of contemptuous and personally insulting comments, and are made to perform tasks that are difficult to do without putting their health and safety at risk. In several cases, the ultimate purpose of employers was to force the employee to resign while still pregnant, so that the employers would avoid the costs of their absence on maternity leave or shorter working hours.
Infringement of work reintegration provisions
Maternity leave of long duration, without supplementary reintegration measures, drives female employees out of the labour market. A provision in Law 3488/2006 enshrines the right of female employees to return to the same or a similar job under the same or equivalent terms and conditions following maternity leave. However, this right is violated in practice when working conditions are made worse and the working woman is forced to resign or is dismissed with or without compensation as soon as the period of protection of motherhood is over, which in Greece is one year after the birth of a child.
Reluctance to complain about gender discrimination
Employees are reluctant to protest about gender discrimination while in an employment relationship. Furthermore, according to the data that the Ombudsman has gathered, workers first complain to the Labour Inspectorate (Σώμα Επιθεωρητών Εργασίας, SEPE) about violations of other provisions of labour legislation, such as wages owed, failure to pay overtime or violation of working hours. Only later – and often after being vindicated for their initial complaints – do they protest about gender discrimination issues, sometimes even after their employment relationship has terminated.
Discrimination in public sector
Many cases of gender discrimination have been found in the terms of job vacancy announcements in the public and broader public sector, as well as in the entry examinations for military schools and security forces. The Ombudsman came to this conclusion after examining complaints regarding the following issues:
- adoption of non-transparent criteria in hiring journalists in public enterprises;
- failure to count maternity leave as time worked for hiring in public utilities and services;
- asymmetrical increases in minimum heights for men and women;
- provision of the same athletic tests in entrance examinations for military schools.
Sofia Lampousaki, Labour Institute of Greek General Confederation of Labour (INE/GSEE)