Industrial action and disputes in Greece

The right to strike is protected by the Greek Constitution (Article 23(1)). A lawful strike may be called only by ‘legally constituted’ trade unions. According to Law No. 1264/1982, a primary union may call a strike only by a decision of its general assembly. According to a new law (Law No. 4808/2021, Article 86), which amended the previous law (Law No. 4152/2018), the decision to call a strike in a company/plant requires a natural or distance vote by 50% of the ‘financially settled union members’ (i.e. those who have paid membership fees). However, for brief stoppages of a few hours, which may not be repeated more often than once a week, a decision of the union’s executive council is sufficient unless its standing rules stipulate otherwise.

Law No. 1264/1982 provided that in the case of secondary-level unions (federations) and the confederation level (the GSEE), a strike is called by a decision of their executive council unless their standing rules stipulate otherwise. There is an obligation to give the employer at least 24 hours’ notice of the intention to strike and the demands. With respect to public service and utility enterprises, four days’ notice is required. The trade union organisation that calls a strike must ensure that, for the duration of the strike, emergency staff remain available in sufficient numbers to guarantee the safety of the plant and equipment and to prevent disasters or accidents. The recruitment of strike-breakers is not permitted during a strike, while a lockout is explicitly prohibited by law.

A new law (Law No. 4808/2021) made the context in which a strike can be implemented stricter. It states the following.

• The employer must be notified at least 24 hours before the occurrence of even short work stoppages.

• Public or public utility companies may not hold a strike until at least four days have elapsed following notification of their demands. This notification must be provided in a document that is submitted by a bailiff to the employer, the ministry exercising the relevant supervision and the Ministry of Labour. In addition, before the strike or a short work stoppage takes place, the trade unions must submit a request to OMED for a public dialogue. For the duration of the public debate, the exercise of the right to strike is suspended and it is forbidden to bring an action before the competent courts on issues related to the strike in question.

• Trade unions that declare a strike must have at their disposal the necessary security personnel during the strike for the safety of the company’s premises and the prevention of disasters and accidents.

• In addition to security personnel, there is an obligation, especially for public or utility companies, to provide the minimum guaranteed service personnel to address the basic needs of society as a whole during the strike, defined as at least one-third of the service normally provided. The percentage of minimum guaranteed service personnel (i.e. the security personnel and, where required, the minimum guaranteed service personnel) is therefore agreed between the most representative trade union of the enterprise and the employer and notified to the Ministry of Labour by 25 November each year.

If any of the above is not the case, the strike is declared illegal.

Other forms of industrial action outside the legal framework, such as blockages and unofficial strikes, are illegal.

According to a recent law (Law No. 4325/2015), the ‘political conscription of strikers’ (the obligation to end the strike and provide compulsory work or services) is prohibited in general and is permitted only and strictly in the case of war, national defence or physical disaster or when public health is threatened.

The most important/frequent types of strikes in Greece are:

• general strikes (Γενική απεργία), which are called by the confederation (GSEE) in all sectors of the economy; all employees have the right to stop work and this type of strike usually takes the form of a 24-hour strike

• work stoppages (Στάσηεργασίας), which are called by the trade union at the appropriate level (national, sectoral/professional or company) for fewer hours than a full working day

• sectoral strikes (Κλαδική απεργία), which are called by a sectoral federation or by a sectoral/professional primary-level union against the employer or against the government in the case of public sector unions

Other industrial actions include rallies, marches, withdrawal of labour, picketing and demonstrations.

Developments in industrial action, 2012–2021

Source: INE-GSEE, 2022

Dispute resolution mechanisms

Collective dispute resolution mechanisms

The collective dispute resolution mechanisms in Greece are as follows.

• Conciliation (Law No. 4808/2021): The mechanism takes place under the authority of OMED. The process of conciliation examines collective disputes on the implementation of labour legislation in the workplace, implementation of the collective agreements and issues that are not covered by collective agreements. Conciliation is voluntary and it is distinct from mediation and arbitration mechanisms.

• Mediation (Law Nos. 1876/1990, 3899/2010, 4046/2012, 4303/2014 and 4549/2018): The mechanism takes place under the authority of OMED and starts after the failure of negotiations to conclude a collective agreement. The mediation procedure may be requested by any party unilaterally or jointly. Mediation is conducted by an independent mediator, who helps the parties to achieve agreement. At the end of the process, the mediator has the right to submit a proposal for a resolution, unless the parties agree to proceed to the collective agreement.

• Arbitration (Law Nos. 1876/1990, 3899/2010, 4046/2012, 4303/2014 and 4549/2018): The mechanism takes place under the authority of OMED and starts at any stage of the negotiations if the arbitration is agreed among the parties (employers and trade unions) or unilaterally in the following cases: by any party, when the other party has refused the mediation, or; when the mediator’s suggestion has been accepted by one party and has been rejected by the other party. Arbitration is conducted by an independent person (arbitrator) or by a three-member Arbitrators’ Committee. The decision is as binding as the collective agreement.

• Revision of the arbitration system (Law No. 4635/2019): This law reversed completely the previous legislation regarding the right to have unilateral recourse to arbitration. According to this law, unilateral arbitration may take place only as a last resort for resolving collective labour disputes and exclusively in the following cases: if the collective dispute relates to companies/undertakings of social or public interest, the operation of which is vital to the basic needs of the community at large, or; if the collective dispute relates to the conclusion of a collective agreement and the negotiations between the parties fail definitively but an agreement is needed for the general social or public interest in relation to the functioning of the Greek economy.

Individual dispute resolution mechanisms

The individual dispute resolution mechanisms in Greece are outlined in this section.

Law No. 4808/2021 (Article 122) abolished the process of conciliation, which was provided in Law No. 3996/2011, and provided new rules on the process of labour dispute resolution.

• Conciliation: Law No. 4808/2021 (Article 98), which amended Law No. 3996/2011, provides that the mechanism takes place under the authority of OMED in order to solve collective disputes or individual disputes of collective interest, between an employer organisation or a single employer and a trade union or employee representatives. It has a voluntary character. At the end of the conciliation process, the conciliator can make suggestions and the problem is recorded in minutes, which state if there is agreement or disagreement between the parties. Before Law No. 4808/2021, the conciliation process was under the competence of SEPE.

• Labour dispute resolution: Law No. 4808/2021 (Article 122), which amended Law No. 3996/2011, provides that the mechanism takes place under the authority of SEPE. A labour dispute is considered to be any type of disagreement between an employee or group of employees and the employer arising from the employment relationship regarding the implementation and enforcement of labour law provisions. In order to resolve labour disputes, the employer and the relevant employees or trade unions have the right to request the intervention of the Inspector of Labour Relations (Επιθεωρητής Εργασιακών Σχεσεων του). During the discussion of labour disputes, the parties can be represented in person or by a legal representative or other authorised person. After the discussion, the problem is recorded in minutes and signed by the parties and the Inspector of Labour Relations, who is required to express an opinion on the dispute. At the same time, the Inspector of Labour Relations may impose any of the administrative penalties provided by the law after issuing written explanations. If violations of labour law are criminal offences, the Inspector of Labour Relations can sue or file a complaint with the competent prosecutor.

Use of dispute resolution mechanisms, 2012–2019

Sources: SEPE, 2014 (for 2012 and 2013 data); data for 2014–2019 obtained by SEPE via emails and interviews