INTERNATIONAL LABOUR OFFICE LABOUR PROBLEMS IN GREECE Report of the Mission of the International Labour Office to Greece (October-November 1947) GENEVA International Labour Office 1949 STUDIES AND REPORTS New Series, No. 12 P U B L I S H E D B Y THE INTERNATIONAL LABOUR GENEVA, OFFICE SWITZERLAND Published in the United Kingdom for the INTEENATIONAL LABOUR OFFICE by Staples Press Limited, London PRINTED BY "JOURNAL DE G E N È V E " , GENEVA, SWITZERLAND PREFACE In June 1947 the International Labour Office received an invitation from the Government of Greece to undertake a full examination of the Greek labour laws and to make recommendations to the Government for their revision. The invitation was conveyed in the following telegram from Mr. Tsaldaris, Deputy Prime Minister of Greece : The Royal Hellenic Government conscious of the need of reviewing and revising the labour legislation of Greece including that which regulates trade unions and recognising the impartiality and technical competence of the International Labour Office invites the International Labour Office to undertake a full examination of the Greek labour laws and to make recommendations to the Royal Hellenic Government for their revision. I have the honour therefore on behalf of the Royal Hellenic Government to convey to the Governing Body of the International Labour Office for its immediate consideration this invitation which has the support of all elements of the Greek trade union movement. The Director-General of the International Labour Office replied to the telegram in the following terms : Have honour acknowledge receipt your telegram inviting International Labour Office undertake examination Greek labour laws and make recommendations Royal Hellenic Government for their revision. International Labour Organisation glad afford all assistance in its power. Will submit precise proposals to Governing Body which meets this week and will inform you Govbodys decision soonest possible. The Director-General's acceptance of this invitation was approved by the Governing Body (102nd Session, Geneva, June-July 1947), and the Governing Body also endorsed proposals made by the Director-General for giving effect to the request of the Greek Government. These proposals involved the appointment of a working party to make a careful study and analysis of the Greek laws and to visit Greece in order to supplement its documentary study by actual contacts on the spot with Government departments, employers' organisations and trade unions. After visiting Greece, the working party was to return to Geneva and draft its report. The Governing Body authorised the Director-General to organise this work of technical assistance to the Greek Government on the lines IV LABOUR PROBLEMS IN GREECE suggested and agreed to the grant of a supplementary credit to cover the travelling and subsistence expenses of the working party and the engagement of temporary staff for the translation and typing of the Greek labour laws. The Governing Body's decision was conveyed to the Royal Hellenic Government and arrangements were made with the Government for the working party to proceed to Greece in due course. The present Report describes the investigations carried out by the Mission and embodies the recommendations made by the International Labour Office as a result of this examination of the problems involved. A draft of the Report was submitted to the Greek Government in March 1948 in order that the Government might have an opportunity of expressing its views before the Report was published. The draft was carefully studied by the various departments concerned, and the Government's observations were forwarded to the International Labour Office in November 1948. After having examined these observations the Office made a few corrections of fact, but left the substance of the Report unchanged. The Office feels that it would hardly be possible to prepare a report which would reflect the conclusions formed by the Mission and, at the same time, give full satisfaction to the Greek Government and to the employers' and workers' organisations in Greece. It has therefore preferred to leave the Mission's Report as it stands and to print the observations of the Greek Government in full as an appendix. 1 It has also been thought advisable to include the report of the Supervisory Committee of the Ninth Pan-Hellenic Trade Union Congress, which was held some months after the Mission's visit to Greece.2 1 2 See Appendix I. See Appendix II. CONTENTS Page PREFACE in CHAPTER I. Introduction 1 Contact with t h e Ministry of Labour Tripartite Committee Discussions in Greece Visits in Greece Guiding Considerations General Observations 2 3 5 9 11 15 CHAPTER I I . The Political and Economic Setting 18 The Political Situation The Economic Situation Economic Structure National Income and Population Effects of t h e W a r and t h e Occupation The Greek Economy Today Progress of Economic Recovery The Currency Problem Prices and Wages Foreign Trade and t h e Balance of Payments CHAPTER I I I . Employment . . 49 The Employment Situation Employment Planning Planned Emigration Organisation of Employment Termination of Contract The Contract of Employment for Special Categories of Persons Additional Controls on t h e Employment Market Vocational Training 49 53 54 61 67 70 72 73 CHAPTER IV. Conditions and their Enforcement and Employment 18 23 23 27 28 30 31 34 37 45 of Employment Organisation — The General Characteristics of Labour Legislation Development Scope Structure Consolidation and Revision Regulations 80 80 80 82 86 87 VI LABOUR PROBLEMS IN GREECE Page General Characteristics of Labour Inspection Structure of Services and Distribution of Functions . . Mines Inspection Services Technical and General Services of the Labour Inspectorate Administrative Co-ordination Status of Labour Inspection Staff Duties and Resources of the Labour Inspectorate . . . . Duties Personnel Available Material Resources Necessary Readjustments 89 89 90 91 92 94 98 98 102 104 105 Problems connected with Conditions of Employment . . . . Hours of Work and Rest Periods Hours of Work in Industry Breaks for Rest during the Working Day Hours of Work in Shops and Offices The Weekly Rest Holidays with Pay Industrial Health and Safety HomeWork Employment of Children and Young Persons Admission to Employment Protection of Young Workers 109 109 109 112 114 115 116 120 125 129 130 137 Employment of Women 139 Special Categories of Workers Dockers Railwaymen Seamen 140 141 145 147 CHAPTER V. Social Insurance Social Insurance Institutions Benefits Sickness Insurance Pension Insurance Tuberculosis Benefits Unemployment Insurance Resources Rates of Contribution Social Taxes Administration Finance Fundamental Problems CHAPTER VI. The Trade Union Situation Legal Status of Occupational Organisations Constitutional Guarantee of Freedom of Association . . . 153 153 157 158 163 171 173 177 178 182 184 188 192 208 209 209 CONTENTS VII Page Legal Regulation of Trade Union Rights Constitution of Occupational Organisations Recognition of Occupational Organisations Regulation of Internal Activities of Occupational Organisations Administration of Occupational Organisations . . . . Supervision of Occupational Organisations Dissolution and Reconstitution of Occupational Organisations 210 211 213 The Practical Reconstruction of the Trade Union Movement First Attempt to Reconstruct the Trade Union Movement The Trade Union Movement at the Time of the Liberation Intervention by the British Trades Union Congress and the World Federation of Trade U n i o n s . . . . Legislative Action Eighth Pan-Hellenic Trade Union Congress Intervention of the Council of State S econd Attempt to Reconstruct the Trade Union Movement Removal of the Executive of the Greek General Confederation of Labour from Office Second Intervention of the Council of State The Resumption of Negotiations Further Attempts at Agreement Present Organisation of the Greek General Confederation of Labour 221 223 Emergency Measures The Right of Association of Public Employees Discriminatory Measures in respect of Trade Unions . . The Compulsory Trade Union Contribution Measures concerning Public Order 254 254 256 257 258 Conclusions and Recommendations The Principle of Non-Discrimination Political Independence of the Trade Union Movement . . The Compulsory Trade Union Contribution Reform of Trade Union Legislation Codification of Regulations Constitution of Occupational Organisations Autonomy of Occupational Organisations Suspension or Dissolution of Occupational Organisations Recognition of Occupational Organisations 263 263 265 266 267 267 269 270 CHAPTER VII. Organisation of Administrative Services . . . . Problems of Administrative Machinery Regrouping of Responsibilities Transfer of Duties to a New Specialised Body Provision for Systems of Co-ordination Staffing Problems 214 215 219 220 223 225 228 234 236 242 242 244 247 250 252 271 274 278 279 280 283 284 286 Vili LABOUR PROBLEMS IN GREECE Page Staff Regulations Recruiting and Promotion Professional Training for Technical Duties Security of Tenure Salaries CHAPTER VIII. General Conclusions The Political and Economic Setting Employment and Employment Organisation Conditions of Labour Social Insurance Organisation of Administrative Services The Trade Union Situation Industrial Relations The Co-operative Movement Agricultural Workers IX. Summary of Recommendations Contained in the Report A. Employment and Employment Organisation B. Conditions of Employment — The Regulations and their Enforcement C. Social Insurance D. The Trade Union Situation E. Organisation of Administrative Services 287 287 288 288 291 294 296 297 298 299 300 301 304 308 311 CHAPTER 313 313 315 319 321 322 APPENDICES I. Observations of the Greek Government on the Report of the International Labour Office Mission II. Report of the Supervisory Committee of the Ninth Pan-Hellenic Trade Union Congress 327 370 CHAPTER I INTRODUCTION Since the liberation of Greece from the Axis occupation a number of missions have visited the country for the purpose of advising and assisting the Greek Government and people in the solution of their problems. These missions have accumulated a mass of information on the economic, political and social problems of Greece and much of this is available in published form. "When the Mission of the International Labour Office visited Greece in October-November 1947, it was able to refer to a good deal of this material and to obtain first-hand impressions from members of other missions who had been or were still in Greece and who were concerned with some of the problems which the Office had been invited to investigate. 1 The I.L.O. Mission consisted of the following officials of the International Labour Office : Mr. J. Donald Kingsley (Principal Chief of Section) 2 and Mr. John Price (Chief of the Industrial Committees Section), joint heads of the Mission; Mr. I. Bessling (Chief of the Industrial Law and Relations Section) ; Mrs. M. Thibert (former Chief of the Women's and Children's Section) ; Mr. A. Zelenka (Actuarial Adviser to the I.L.O.) ; and Miss K. Natzio (member of the Official Relations Section), translator-interpreter. During its visit to Greece the Mission was also accompanied by a secretary, Mrs. Delarue. The members of the Mission included experts in the main fields 1 The work of the United Nations Relief and Rehabilitation Administration in Greece is -well known. Other international missions have been sent to Greece by the United Nations, the Food and Agriculture Organisation and the "World Health Organisation. Examples of missions sent by individual Governments are the British Economic Mission and the American Mission for Aid to Greece. Reference should also be made to the missions which visited Greece on behalf of the World Federation of Trade Unions and the British Trades Union Congress. 2 Mr. Kingsley left the service of the International Labour Office shortly after the Mission's return from Greece but assisted in drafting the Report. 2 LABOUR PROBLEMS IN GREECE of labour legislation and were competent to examine, in particular, industrial relations, industrial law and organisation, conditions of work, employment problems and social security. The Mission arrived in Athens on 8 October and remained in Greece for a little over a month. Before proceeding to Greece, the members of the Mission made a study of the Greek labour laws and decrees which were available in Geneva. Many of these were already in the library of the International Labour Office and a number of them have been translated and published in the Legislative Series.1 Steps were taken to add to the collection and to arrange for the translation of the most important of the laws and decrees which were not already available. 8 Reference was made also to the reports of other missions to Greece for the purpose of obtaining the clearest possible insight into the conditions prevailing in the country. By the time the Mission arrived in Greece it had completed the necessary preliminary studies as far as it was able and was ready to enter into consultation with representatives of the Government, employers' organisations, trade unions and other organisations and institutions concerned. While in Greece, however, the Mission ascertained that there were a number of laws and decrees of which it had not been aware and which had to be translated before the members of the Mission could study them, and some of this information did not become available until the eve of the Mission's departure from Greece. The Mission, indeed, experienced considerable difficulty in obtaining not only the complete texts of laws and decrees but also accurate factual and statistical information, much of which either did not exist or was not readily available. This was a serious handicap to the Mission in its attempt to arrive at an understanding of the problems to be overcome. CONTACT WITH THE MINISTRY OF LABOUR On its arrival in Athens the Mission immediately established contact with the Ministry of Labour, which had been entrusted 1 INTERNATIONAL LABOUR O F F I C E : Legislative Series, published every two months ; hereinafter referred to as L.S. 2 In t h e case of some of t h e t e x t s studied and cited in its Report t h e Mission has had t o use translations obtained from outside sources, and it has not always been possible t o check these with t h e original Greek. INTRODUCTION 3 with the task of making the necessary arrangements to facilitate the Mission's work. The International Labour Office wishes to take this opportunity of expressing its appreciation for the hospitality which was afforded to the Mission by the Greek Government and for the trouble that was taken to arrange interviews and visits and to provide the requisite travelling facilities. The Mission was received at the outset by the Minister of Labour, Mr. Protopapadakis, and given a most cordial welcome. Attending the Minister were the Secretary-General of the Ministry, Mr. Papalekas, and the Director-General, Mr. Pavlakis. During the interview the Minister outlined the general situation prevailing in Greece and gave his views as to the problems which the Mission might usefully examine. A number of these problems were discussed at some length, enabling the Mission to obtain a more precise indication of the field which the Government desired it to cover. The Mission then met the heads of the various departments of the Ministry under the chairmanship of Mr. Pavlakis and made arrangements for obtaining their help and guidance. At an interview held immediately afterwards, Mr. Pavlakis gave the Mission information on the arrangements made for carrying out its work, and continued the discussion of specific problems which had been started at the interview with the Minister. TRIPARTITE COMMITTEE Mr. Pavlakis stated that a tripartite committee, consisting of representatives of the Ministry of Labour, the employers' organisations and the trade unions, had been appointed to consult with the members of the Mission, and it was agreed that the Mission's next contacts should be made with and through this body. A meeting was held the following morning between the tripartite committee and the members of the Mission. The composition of the committee was as follows : Ministry of Labour : Mr. Pavlakis, Director-General ; Mr. Malatesta, Director of Industrial Relations. Federation of Greek Industries : Mr. Heliopoulos, Vice-President ; Mr. Tsatsos, Vice-President. General Confederation of Labour: Mr. Patsantzis, SecretaryGeneral ; Mr. Hanos. 4 LABOUR PROBLEMS IN GREECE The employers' and workers' representatives extended a welcome to the Mission and expressed their readiness to provide help and information. At the request of the Mission, the members of the tripartite committee gave their views as to the specific questions which they thought the Mission should examine. Among the subjects to which attention was drawn by the various members were the following : (1) legislation relating to conditions of work, including wages, hours of work, health and safety ; (2) the organisation of labour inspection ; (3) legislation relating to the settlement of disputes and to industrial relations generally ; (4) employment problems, including the contract of employment and the provision of employment opportunities by migration and public works ; (5) vocational training, especially for young workers ; and (6) social insurance questions. There seemed to be general agreement that Greek labour legislation was, on the whole, advanced, but attention was drawn to the fact that many difficulties were encountered in its application. Both the employers' and the workers' representatives agreed that the standard of living of the people was very low and that there were, and always had been, serious obstacles in the way of a general improvement. Moreover, the country was experiencing unusual difficulties owing to the war, the enemy occupation, and the civil strife which had occurred since the liberation. It was also agreed that the country's industrial and social problems could not be solved by legislation alone. These observations confirmed the Mission's view that if it was to make a useful and practical contribution to the improvement of legislation it would need to take account of the country's economic and political situation, the organisation and methods of Greek industry and the actual conditions under which industrial work is carried on. It would need to obtain the views of Government departments, employers, trade unions and individual workers, not only regarding the legal provisions in force, but also regarding the methods and extent of their application. It would also need to enquire into problems which had not yet been dealt with by legislation. INTRODUCTION 5 The members of the tripartite committee agreed to assist the Mission in planning interviews and in arranging visits to factories, workshops and other establishments. It was decided that separate meetings should be held with the General Confederation of Labour and the Federation of Greek Industries, after which the tripartite committee would assemble again to discuss the further needs of the Mission and to assist it in arranging its programme. A second meeting with the tripartite committee was held some days later. Meantime, the members of the Mission had attended numerous meetings and interviews, had begun their visits to factories, workshops and social insurance institutions and had made plans for a three-day visit to Salónica during the following week. The representatives of the employers and workers expressed their satisfaction at the manner in which the Mission was carrying out its work and reaffirmed their willingness to give it their full co-operation. A third meeting of the tripartite committee took place at the end of the Mission's stay in Greece. At this meeting the members of the committee gave their views concerning some of the problems into which the Mission had been enquiring. DISCUSSIONS IN GREECE It has already been mentioned that the Mission was welcomed by the Minister of Labour immediately after its arrival in Greece. Before leaving Greece the Mission had two further interviews with the Minister, in the course of which some of the problems it had encountered were discussed in detail. Mr. Tsaldaris, Minister of Foreign Affairs and Deputy Prime Minister, who had invited the International Labour Office to undertake the study, was attending the Assembly of the United Nations in New York when the Mission reached Athens. The members of the Mission were, however, received by him on his return from New York. A great part of the Mission's work was done with the help and advice of the Ministry of Labour. Offices were placed at its disposal by the Ministry, and the heads of the Ministry's services were always available for consultation. Much of the information needed for an understanding of Greek labour legislation and its application was obtained from the Ministry, particularly in regard to such subjects as conditions of 6 LABOUR PROBLEMS IN GREECE employment, labour inspection, employment organisation, industrial relations and social insurance. The Mission was able to examine these problems not only at the headquarters of the Ministry, but also at some of its local offices in Athens, Piraeus and Salónica. Some of the legislation concerning the conditions of employment of certain categories of workers is, however, administered by other departments, and it was therefore necessary to consult these as well. Visits were accordingly paid in particular to the Ministry of Transport, which deals with matters affecting railway workers and tramwaymen, and to the Ministry of Mercantile Marine, which administers legislation relating to merchant seamen. Enquiries were also made at the Ministry of Public Health, the Ministry of Social Welfare and the Ministry of Education, regarding the measures in force and the institutions in existence for maternity protection, the protection of children, the health protection of young -people, assistance to young workers, and the organisation of general education in relation to the problems of the age of admission to work and the preparation of children for employment. Information concerning social insurance legislation, including legislation on unemployment insurance, was obtained from the Ministry of Labour. This material was supplemented by the officials of the Social Insurance Fund (I.K.A.) and the Unemployment Insurance Fund, and by those of some of the other funds, such as the Artisans' Fund and the Textile Workers' Auxiliary Fund in Athens, and the Tobacco Workers' Fund and the Greek Railwaymen's Fund in Salónica. Information was also obtained by visits to some of the social insurance hospitals, dispensaries and other institutions in Athens and Salónica. It was necessary for the Mission to endeavour to secure background material relating to the country's economic and social problems, the problems of reconstruction and other material which might have a bearing on labour questions, as well as statistics concerning population and health problems, which are important for purposes of social insurance. Some of this material was available in the Ministry of Labour and the Ministry of Social Welfare, but to fill out the picture it was thought advisable to seek the help of the Ministry of National Economy, the Ministry of Reconstruction, the Ministry of Co-ordination and the Ministry of Agriculture, where visits were paid both to the Minister and to the Director of Agricultural Organisations (including co-operative organisations). Statistical INTRODUCTION 7 information was also obtained from the Superior Economic Council, the Bank of Greece and the Agricultural Bank (Cooperative Section). All these matters were discussed on various occasions with representatives of the employers' organisations and the trade unions, both at meetings of the tripartite committee and in separate interviews with representatives of the two sides. At these meetings, and in numerous informal conversations, the opportunity was taken to obtain the views of the employers and the trade unions concerning the whole range of labour questions and the problems of social insurance. The Mission is grateful in particular to Mr. Heliopoulos, Mr. Tsatsos and Mr. Mantzoulinos of the Federation of Greek Industries and to Mr. Patsantzis, Secretary-General of the General Confederation of Labour, for the trouble they took to. provide both information and comment. The friendly co-operation of the representatives of the Chamber of Commerce in Salónica, who received the Mission and arranged various visits for them, was also much appreciated. In addition to visiting the offices of the General Confederation of Labour in Athens, the Mission paid visits to the Workers' Centres at Athens, Piraeus and Salónica. Problems were discussed with Mr. Makris, Chairman of the Athens Workers' Centre, and members of the Executive of the Centre, Mr. Kassimatis, Chairman of the Piraeus Workers' Centre, and Mr. Theocharides and members of the Executive of the Workers' Centre, as well as with representatives of the General Confederation of Labour, at Salónica. In view of the fact that the Executive of the General Confederation of Labour had been provisionally appointed, pending the holding of a congress at which a new Executive was to be elected1, it was desirable for the Mission to meet representatives of the various groups within the trade union movement and to hear their views on the position of the trade unions in Greece as well as on the problems connected with legislation concerning conditions of labour and social insurance. Discussions took place, therefore, not only with Mr. Patsantzis, Secretary-General of the Confederation, but also with the four secretaries, Mr. Makris, Mr. Theocharides, Mr. Kalomiris and Mr. Laskaris. The Mission also met representatives of the Left, including Mr. Theos (Communist), and Mr. Stratis 1 Cf. Chapter VI, pp. 242 et seq. 8 LABOUR PROBLEMS IN GREECE (Socialist Trade Unionist) and other members of the former Executive of the Confederation. Another prominent leader who gave his views to the Mission was Mr. Hadzidimitriou. Although the Mission was principally concerned with the problems of labour legislation, it could not entirely ignore other questions which came within the field of activity of the International Labour Organisation. Some of these questions were discussed with individuals and representatives of organisations interested in the work of the I.L.O., including women's organisations, social welfare organisations, artisans' organisations and representatives of the co-operative movement. In view of the prominent place occupied by agriculture in Greek economy, any full study of the economic and social problems of Greece would naturally- deal at length with agricultural questions and would make reference to the position of the cooperative movement. The present Report does not seek to cover the whole ground and therefore does not contain any detailed account of conditions in agriculture. 1 More people are employed by agriculture in Greece than by all other activities, but the number of agricultural wage earners is smaller than might be expected, since so much of the land is divided into small farms and peasant holdings which are worked by the farmer or peasant and his family. Little of the existing labour legislation applies directly to agricultural workers, and the Mission did not examine the question whether special enactments to deal with the problems of agricultural labour are necessary. It was not suggested by the Government that the Mission should extend its enquiries to agricultural legislation, nor would it have been possible for the Mission to do so adequately in the time at its disposal.2 Again, although the Mission was not able to make a detailed study of the problems of the Greek co-operative movement, it met representatives of co-operative organisations, such as the Pan-Hellenic Federation of Unions of Agricultural Co-operatives and the Union of Consumers' Co-operatives, and gathered information on the most important problems confronting the movement today. The International Labour Office, through its Co-operative and Handicrafts Service, has followed the !Cf. Chapter V I I I , p . 311. 2 For an account of agricultural conditions in Greece, see F O O D AND AGRICULTURE ORGANISATION OF T H E U N I T E D N A T I O N S : Report F.A.O. Mission for Greece (Washington, D.C., March 1947). of the 9 INTRODUCTION development of the co-operative movement in Greece and will continue to maintain its interest in the movement's activities. 1 While in Greece the Mission made contact with the American Mission for Aid to Greece (A.M.A.G.), which has built up a great store of factual material on the economic, social and labour problems of Greece. The Mission naturally desired to have access to this documentation, if possible, in order to save time and to avoid duplication of effort, and its task of obtaining factual information was greatly facilitated by the willingness of A.M.A.G. to assist. The thanks of the Mission are due, in particular, to the head of A.M.A.G., Mr. Dwight Griswold, and to the Chief of the Labour Division, Mr. Clinton Golden, and his assistant, Mr. Alan Strachan, and to Messrs. Geoffrey May and Hubert Gallagher. Much useful factual information was also obtained from the Labour Attachés at the British and United States Embassies in Athens, to whom the thanks of the Mission are also due. VISITS IN GREECE Most of the time of the Mission was of necessity spent in Athens, where the members were in touch with the headquarters of the various Government departments and social insurance funds and were also able to meet officials from the provinces who came to Athens on business. This was natural, not only because Athens is the administrative capital, but also because it is the country's principal industrial and commercial centre. By far the greater part of Greek industrial activity takes place, in fact, in the regions of Athens and Piraeus. Here the largest concentration of population in Greece is to be found and here the majority of the country's industrial workers are employed. All the problems connected with labour legislation and its application are met with in this region, where modern factories and primitive workshops exist side by side, and where large numbers of the principal special categories of workers, such as railwaymen and seamen, are employed. The other main industrial centre is Salónica. Here, too, there is a wide range of industries and the main problems connected with the regulation of conditions of labour can be studied. Allowance must be made, however, for local différé e also Chapter VIII, pp. 308-311. 2 10 LABOUR PROBLEMS IN GREECE enees : the conditions of Athens and Attica are by no means identical with those of Salónica and Macedonia. Each of the regions of Greece has its own peculiarities, which have been accentuated by geographical barriers ; this was so in ancient times and in spite of the development of modern methods of communication it remains broadly true today. While account must be taken of these variations, the main problems of labour legislation and its application nevertheless remain substantially the same for the country as a whole. After Athens, Piraeus and Salónica, the remaining industrial centres are small. Apart from Patras and Volo, there are no industrial towns of any size on the mainland. There are, however, regions which have particular importance from the industrial point of view, such as the textile region in northern Greece, the tobacco country around Kavalla, the region of Kalamata in southern Greece, with its olive oil, fruit drying and preserving, and the shores of the Gulf of Corinth, where currants are grown and dried. Features of special interest are to be found on some of the islands, though here again there are no considerable centres of industrial activity. Even in Crete there are no big industrial areas. An enquiry into labour conditions in the islands would at least bring out new details, even if it did not change essentially the general picture which the Mission was able to form. A study of the labour problems of Rhodes, which has just been united with Greece after its transfer from Italian rule, might prove of considerable value, now that Greek labour and social insurance legislation and Greek methods of administration are to be put into effect on the island. Unfortunately, the Mission was unable to go into this question in the time available. Consideration was given by the Mission to the possibility of visiting some of the provincial centres in order to examine their problems on the spot. It was found, however, that this would have taken an altogether disproportionate amount of the time at the Mission's disposal. Communications between one part of Greece and another have never been easy, and the difficulties of travel have been increased by the damage done to roads and railways and the destruction of harbours and shipping. It would, indeed, have been necessary to spend three or four days in order to make even a one-day visit to a town no further away than Patras or Volo. In view of these difficulties, the Mission was unable to see any of the provincial INTRODUCTION 11 centres except Salónica, or to visit any of the islands. Although the Government was willing to provide facilities for such visits, the Mission felt that its limited time could be more usefully spent in and around Athens, Piraeus and Salónica.1 The Mission visited a large number of factories, workshops and institutions, as well as working-class districts and housing projects, in order to see the actual conditions with which labour and social insurance laws have to deal and the manner in which the legislation is administered. While the immense massproduction plants of highly industrialised countries are unknown in Greece, there are a number of medium-sized factories which are as up to date as those of any other country. Such factories are not, perhaps, typical of Greek industry, but in view of the immense difficulties of recent years the fact that they exist at all is significant. A great part of Greek industrial activity is carried on in workshops employing only two or three people and in small establishments where the workers number a dozen to twenty. In such workplaces the problem of securing satisfactory conditions of employment and of ensuring the effective enforcement of labour legislation is one of peculiar difficulty. Some time was spent by the Mission, therefore, in visiting not only the factories but also the small establishments in the Athens region and at Piraeus and Salónica. Outstanding examples of modern plants were found in the manufacture of metal tubes, textiles, hosiery, rubber goods, pottery, glass, plastics, chemicals, cigarettes and cement, and in oil refining and the production of high-class printing. The small establishments and workshops were engaged in the production of a great variety of articles such as garments of all kinds, including stockings and underwear, hardware, carpets, furniture and other articles for household use. They also included small printing shops, metal workshops and so on. GUIDING CONSIDERATIONS It will have been noted that the telegram from Mr. Tsaldaris to the International Labour Office invited the Office " to undertake a full examination of the Greek labour laws and to make 1 Incidentally, while in Salónica the Mission obtained a more vivid impression than elsewhere of the profound effects produced by current events on conditions of labour, and especially on employment, as a result of the influx of refugees to the towns. 12 LABOUR PROBLEMS IN GREECE recommendations to the Royal Hellenic Government ". In the view of the Office this work had to be done in three stages : first, by undertaking a preliminary study of the laws ; secondly, by an examination of the problems on the spot ; and, thirdly, by the preparation of a considered report after the conclusion of the Mission's visit to Greece. The Mission therefore endeavoured to refrain from putting forward proposals and suggestions while in Greece, since it thought that any recommendations which it might feel able to make should be embodied in its written report. In all its discussions, the Mission took the line that its function was not to give advice on the spot concerning any of the day-to-day problems that arose in regard either to conditions of labour or to social insurance. This was particularly important in relation to the problems of the trade union movement, in view of the political considerations which were involved and the high feelings that had been aroused, and also in relation to the wages question, which at the time of the Mission's visit was of particular current interest. Efforts to mediate in regard to the current problems of labour and particularly to the problems of the Greek trade union movement had been made by the World Federation of Trade Unions, the British Trades Union Congress, the American Federation of Labor and the British and United States Governments (through their respective Labour Attachés, through special envoys and through the Labor Division of the American Mission for Aid to Greece). It would have been unfortunate if the I.L.O. Mission had been drawn into the attempts to settle these very controversial questions when it had not in fact been invited to Greece for that purpose. The I.L.O. is nevertheless intensely interested in these problems and an account of them is given in another part of this Report. 1 It seemed that the invitation to the International Labour Office to make recommendations to the Greek Government concerning the review and revision of the country's labour legislation could not be met merely by making a study of the legal texts. If the study was to be realistic, it would also have to include an examination of the methods by which the laws are administered and enforced. Laws which remain on paper might as well not exist at all ; it is not merely the wording of a law but its application which determines whether it is satis1 See Chapter VI. INTRODUCTION 13 factory or not. Hence the Mission decided to spend some part of its time in enquiring into the machinery for the administration of labour legislation. At the risk of labouring what might seem to be an obvious point, it should be emphasised that one of the great difficulties in the way of the promotion of improved labour standards has been to ensure that when international labour Conventions are ratified and laws enacted their provisions are in fact carried out. The Mission would have been of little service if it had expressed opinions on the texts of the laws without also considering whether the laws were being reasonably well observed. Laws are enacted to meet circumstances and to deal with problems ; they should not, therefore, be judged in relation to theories alone, but should be examined in the light of the circumstances and problems which they are designed to meet. In its study of Greek labour legislation it was accordingly necessary for the Mission to have regard to the industrial conditions of the country and to its economic situation, both in order to understand the circumstances in which the laws have to operate and in order to appreciate the factors which may hamper their application. The Mission indeed went to considerable trouble to gain information on the country's problems—industrial, economic and political—and on the conditions of life of the people, including their housing, health and education, as an indispensable background to its study of the legal provisions. In carrying out its examination, the Mission made every effort to ascertain the views of as many people as possible who were interested in the problems of Greek labour legislation and social insurance, whether in the various Government departments and social insurance funds or in the organisations of employers and workers. "When studying any given problem, the International Labour Office must seek to be completely objective and must be prepared to listen to the evidence from all sides. These considerations seemed to be of particular importance in the case of the study of Greek labour laws, since some of the problems were unusually acute and opinions in the country were sharply divided. The abnormal conditions produced by the war, the occupation and the post-liberation period, and the highly-charged political atmosphere of the country rendered the task of the Mission both difficult and delicate ; and it was therefore essential to hear the views of all who had anything to contribute—not only in order that the Mission might realise 14 LABOUR PROBLEMS IN GREECE the full implications of the various problems but also in order that no doubts should arise in any quarter concerning the objectivity of the International Labour Office and its desire to be of genuine assistance. When considering the revision and reform of the legislation, the Mission took the line that it would not be sufficient merely to compare the laws with those in force in other countries. It is true that in forming a judgment regard has to be paid to the best practices obtaining in other countries and also to the standards put forward in the international Conventions, Recommendations and other decisions of the International Labour Organisation ; nevertheless, conclusions as to the value of the legislation must be formed in the light of the actual circumstances of the country and should not simply be based on a comparison with more advanced countries or on opinions as to what would be theoretically desirable. Finally, in drawing up its recommendations the Mission has attempted to make a useful and practical contribution to the improvement of the legislation. It has endeavoured to relate its recommendations both to the standards laid down in the decisions adopted by the International Labour Organisation and to the objective conditions obtaining in the country. The Mission has not wished to propose ideal solutions, but solutions which are possible in the existing conditions. Accordingly, it has recognised the special circumstances of Greece and the difficulties of the present situation and has attempted to keep them in mind. Greece is neither a highly industrialised nor a highly organised country. The income per head of the population has always been exceptionally low, the standards of living of the people have never been very good and the country has never been really prosperous. When these facts are considered against the background of the present abnormal situation, it will be realised that tremendous obstacles will have to be surmounted before the standards of life and labour in Greece can compare with those in the more advanced industrial countries. The introduction of reforms depends not only upon a recognition of what is desirable, but also upon the nature of a country's economy, the stage of organisation which the country has reached, the relations between employers and workers, the state of public opinion and other factors which have to be taken into account if the proposals made are to be realistic. It would INTRODUCTION 15 be possible to recommend the passage of a great many new laws in Greece, but it may be doubted whether this would be the most practical approach, since it would, in effect, involve the assumption of new obligations and charges by an economy which already finds it difficult to bear its existing burdens. It is not only by means of new legislation that progress is made, and the Mission therefore examined each problem with a view to determining whether, in the circumstances in which the country is placed, it could best be made by legislative reform, by improved administrative methods and machinery, by action on the part of the employers' organisations and trade unions, or by other means. GENERAL OBSERVATIONS It may be useful to emphasise once again the purpose of the Mission and the circumstances in which it went to Greece. When the International Labour Office was invited to make its study of Greek labour laws, the outstanding problem was that of the reorganisation of the Greek General Confederation of Labour and of the relations between the Confederation and the Government. This problem had been causing concern not only in Greece but outside. As already pointed out, the British and United States Governments, in particular, had shown a desire to assist in its solution, and the matter had been constantly before the World Federation of Trade Unions and the trade union movements of a number of countries closely interested in Greece. Moreover, on two occasions—at Montreal in 1946 and Geneva in 1947—the credentials of the Greek workers' delegation to the International Labour Conference had been challenged, so that the I.L.O., too, was concerned with the problem. However, it was not in order to promote a settlement of the differences within the Greek General Confederation of Labour and of the relations between the Confederation and the Government that the I.L.O. Mission was invited to Greece. The Mission's task was to survey labour legislation in general (even though this includes legislation regulating the trade unions), and therefore, as indicated previously, it refrained from offering any advice to the Government or to the representatives of the various trade union groups as to the means by which this problem might be settled. The recommendations it has 16 LABOUR PROBLEMS IN GREECE wished to make are to be found in the relevant chapters of this Report. In view of the current international interest in Greece, it may also be worth pointing out that the work of the I.L.O. Mission was not in the nature of an investigation into Greek affairs. The study was suggested by the Greek Government itself because the Government, to quote the invitation, was " conscious of the need of reviewing and revising the labour legislation of Greece, including that which regulates trade unions " and because it recognised " the impartiality and technical competence of the International Labour Office ". Such studies have been undertaken by the Office on behalf of other countries, and a number of missions have been sent to various parts of the world in recent years at the request of the Governments concerned. The Office is glad to be able to place its technical services at the disposal of Governments in this way and thus to help them in advancing the cause of social justice. Greece has been a Member of the International Labour Organisation since its inception and has regularly sent delegations to the sessions of the International Labour Conference. Since the war, Greece has been represented at all the sessions of the Conference : at Paris (1945) by a delegation from the Government, and at Seattle (1946), Montreal (1946) and Geneva (1947) by tripartite delegations which included representatives of the employers and workers as well. Greece was also represented by a tripartite delegation at the Conference held in Philadelphia in 1944. A number of international labour Conventions have been ratified by Greece, which has thus shown a desire to keep in line with the march of improvement in labour legislation.1 Greek labour legislation, as a result, compares quite favourably with that of most other countries. A difficulty encountered by the Mission was that the problems of the country are coloured by the abnormal economic and political conditions. This applies over the whole field—to the problems of the trade union movement, of conditions of labour and of social insurance. The war, the enemy occupation and the civil strife in Greece itself, taken with the troubled economic and political situation in the world as a whole, have produced new problems and aggravated old ones, while, as will 1 For a list of Conventions ratified by Greece, see below, p. 81. INTRODUCTION 17 be seen in other chapters of this Report, some of the steps taken during the dictatorship, the war and the occupation have helped to create problems which must be solved as the country gradually returns to normal. The whole situation at the time of the Mission's visit was both abnormal and fluid, and the Mission has therefore endeavoured to look beyond the transient conditions to the fundamental circumstances and problems with which Greek labour legislation has to deal. Some of the Mission's recommendations, it is true, are designed to deal with the more urgent and immediate questions, but in the main, the recommendations are concerned with measures which may be put into effect by stages over a period of years. CHAPTER II THE POLITICAL AND ECONOMIC SETTING Legislation is neither framed nor applied in a social vacuum. In every country it reflects the balance of political forces and the nature and health of the economy. In times of political and economic stress, these relationships are close and clear. Greece is no exception to this rule. Indeed, so urgent are the political and economic problems confronting the nation today that they directly affect every aspect of life, including labour legislation and its application. The I.L.O. Mission was not charged with the specific study of these immediate problems. But the Mission could carry out its primary assignment only in full cognisance of them. Nothing in Greece is understandable except against the background of political insecurity and economic difficulties which are the factors dominating Greek life today. The Political Situation Modern Greece, with spiritual and cultural roots extending back to the Hellenic and Hellenistic civilisations and to the Byzantine Empire, is in reality one of the younger modern States, Greek independence having been achieved little more than a hundred years ago (1828-1829). From the very beginning the great Powers have interested themselves in Greece. Greek political divisions have, as often as not, been reflections of struggles among them, rather than of differences over domestic issues and there has been domestic tranquillity in Greece only during periods of world stability. Thus, while the Concert of Europe endured, Greece enjoyed a considerable degree of stability. With its disruption, that stability vanished, and the country's problems have steadily multiplied since the first World War. Today, the political and economic affairs of Greece are again being profoundly affected by the unsettled conditions of the post-war world. POLITICAL AND ECONOMIC SETTING 19 As a result of the first World War and of the Balkan wars which preceded it, Greece acquired considerable additional territory : Epirus, most of Macedonia, western Thrace, and the Aegean Islands. At the conclusion of the war, an exchange of populations with Bulgaria uprooted most of the Slav-speaking peasants of Macedonia. Their places were taken by some of the Greek refugees from Turkey, following the exchange of populations with that country in 1923-1924.1 However, a considerable colony of Slav peasants still inhabits the north-western corner of Greece. Until the time of the Metaxas dictatorship (1936), the assimilation of this group was progressing steadily. But the Metaxas Government placed various legal handicaps upon them, which made them fully conscious of their minority status and receptive to separatist propaganda. During the occupation, many of them participated actively in the resistance movement ; but they had their own organisation (N.O.F.) and were never completely controlled by the National Liberation Front (E.A.M.)2 or assimilated into its armed forces (E.L.A.S.).3 Their formations have since participated in the disorders in the north and have taken the lead in the movement for an autonomous Macedonian People's Republic. As documents presented to the Assembly of the United Nations indicate, the objective of a free Macedonia has also been supported by various responsible spokesmen of the Yugoslav and Bulgarian Governments.* In numerous other ways, acts of the Metaxas dictatorship (1936-1941) have contributed to Greece's present political problems. Prior to 1936, the Greek Communist Party was insignificant and the situation was not such as to lead to the expectation of its substantial growth. The country was not highly industrialised and the number of industrial workers was small. There was no system of large estates and most of the peasants owned the land they worked. While the Communists 1 See below, p. 28. E.A.M. was organised on 27 September 1941 with the Communist Party, the Agrarian Party of Gravielides, the Republican Party, the Union of Popular Democracy, the Socialist Party and the United Socialist Party as constituent members. In addition, many individuals from the Liberal Party were active in it in the early days. 3 National People's Liberation Army, the military arm of E.A.M. 4 UNITED NATIONS : Report by the Commission of Investigation, Doc. S/360, 27 May 1947, Vol. I, pp. 167 et seq. 2 20 LABOUR PROBLEMS IN GREECE had secured some adherents among the workers and particularly among the underprivileged refugees from Asia Minor, they had no mass support and succeeded in electing only sixteen deputies in 1936. Acts of the dictatorship played into the hands of the Communists in two essential respects. In the first place, there was the suppression of dissidents, and several hundred persons, including some republican political leaders, were exiled. This embittered Greek political life and had the effect of weakening the centre groups and strengthening the two extremes. In the second place, the outlawing of political parties and organisations meant that only those groups skilled in underground activities could maintain themselves. Thus, at the time of the occupation, only the Communists had an organisation capable of directing the resistance movement, for they alone had been able to maintain and to strengthen their organisation under the dictatorship. They therefore soon gained control of the National Liberation Front although, as originally constituted in 1941, this was a broad coalition representing many political groups in addition to the Communists, with a general left-of-centre orientation. These factors have had an important bearing on the troubled political history of Greece during the closing stages of the war and since the liberation. Today the country is suffering from the effects of political divisions that for the past four or five years have created a state of intermittent civil war. There have been violent swings of the pendulum between the left and the right, and excesses committed on both sides have made the cleavages within the Greek people deeper. Under the terms of the Varzika Agreement, which put an end to the revolution of December 1944, E.L.A.S. was to disband and surrender its arms, political amnesty was granted to its members, and political freedom was granted to the Communist Party. There followed, however, a period of reaction in which the civil service, the army and the professions were purged and many acts of violence were committed against the members of the left groups. At the same time, the more moderate groups in the E.A.M. coalition broke away from the left. Not all E.L.A.S. arms were surrendered, however, and not all its members returned to their homes. Some took to the hills, several thousands fled across the border into Yugoslavia, and thousands more were driven into Albania. Some of these POLITICAL AND ECONOMIC SETTING 21 groups later returned to Greece to participate in the disorders which continue to disrupt Greek life.1 Furthermore, the general elections which were also provided for in the Varzika Agreement, and which were held in March 1945, failed to restore unity because the left groups refused to participate in them and consequently to accept their results as valid. The Allied Mission for Observing the Greek Elections estimated that abstentions for political reasons constituted between 10 and 20 per cent, of the eligible vote. These various elements have sharply contributed to the political instability which has existed in Greece since the liberation. As already indicated, the events of the Metaxas dictatorship, of the occupation and of the civil war have widened the gulf between right and left and practically destroyed the centre. Some Powers have supported the Greek Communists and guerilla forces, while others have supported the nonCommunist and rightist groups. Greece has once more become involved in the conflict of international rivalries. Under these conditions political stability is virtually impossible to achieve without a worldwide settlement. During the time spent by the I.L.O. Mission in Greece, clashes between the guerilla forces and those of the Greek Government occurred not only in Macedonia, Thrace and Thessaly, but also in the Peloponnesus and in the Corinth Peninsula. The guerilla activities have had the effect of disrupting normal life over a very large proportion of the total area of Greece. Continuing interference with communications and transport, outside the main centres of population, has disorganised economic life throughout the country by hindering the normal processes of trade and travel between one area and another. The complete insecurity prevailing in many areas in northern and central Greece has prevented the appointment of Government officials, the proper collection of taxes and the carrying out of Government policies generally. Villages have been looted and burnt ; in some areas others have recently been evacuated in order to facilitate military operations. As a result, their inhabitants have left their fields uncultivated, sold their cattle and taken refuge in the nearest towns or gravitated towards the Salónica or Athens-Piraeus areas, where 1 Report by the Commission of Investigation, op. cit. See, in particular, the testimony and conclusions concerning the refugee camp at Bulkes in Yugoslavia. 22 LABOUR PROBLEMS IN GREECE they have become a charge on public funds and private charity. In October 1947 these refugees were estimated to number 300,000, but the figure was constantly increasing. They are housed in halls, churches, refugee camps or under any other kind of shelter that can be found, and they swell the already crowded ranks of the unemployed or try to eke out a livelihood by joining the large army of street traders and hawkers which is so conspicuous a feature of Greek towns today. As a result of this situation the Government is obliged to devote a very large share of the budget to military and police functions. When the Mission was in Greece the size of the Army was being increased, with the help of the American Mission for Aid to Greece, from 150,000 to 200,000 men. Thus, a large proportion of the country's manpower, instead of being harnessed to the urgent tasks of reconstruction, is still engaged in warlike activities which are essentially destructive. The psychological effects of this situation are equally serious. Greece's desperate plight and critical strategic position have caused international agencies and foreign Powers to intervene. This has made the Greek people feel that their fate does not lie in their own hands and, in combination with the sufferings they have undergone, has made it more difficult for them to brace themselves to the task of reconstruction. 1 The problem of restoring order and internal security is unquestionably the central problem in Greece today. It is an especially difficult one—as the debate on the Greek question at the 1947 Session of the United Nations Assembly indicated —and cannot be resolved by military means alone. This is particularly true so long as present conditions prevail along Greece's northern frontiers. The United Nations Balkans Commission has been created to assist in this aspect of the problem. 1 The scale of the operations increased still further after the Mission left Greece, as instanced by the proclamation issued by General Markos in December 1947. Since October 1947, his forces have been officially supported in their activities by the Central Committee of the Greek Communist Party. The existence in the towns of well-organised Communist elements, which by their alliance with these forces have put themselves in a position of irreconcilable opposition to the present régime, has forced the authorities to take drastic security measures, many of which involve a curtailment of civil liberties. Some examples of such measures, in so far as they affect matters of concern to the Mission, are given in Chapter VI. They include the setting up of standing courts-martial to deal with a very wide range of security offences, restrictions on the freedom of the press, and the prohibition of strikes and banning of the Communist Party in December 1947. POLITICAL AND ECONOMIC SETTING 23 In a political climate such as this, everything becomes subordinate to the question of security. Political tests come to the fore in the selection of officials, and the administrative machinery of the State is inevitably brought to bear on the internal struggle. The atmosphere is supercharged with politics, and this affects every aspect of Greek life. Political insecurity distorts public administration, the public employment services and the social insurance system ; it interferes with trade union organisation and prejudices relations between employers and workers. Most important, perhaps, it serves to delay economic recovery. The Economic Situation Three years after liberation, the state of the Greek economy is distressing. This is attributable in large part to the political situation ; for while other European nations have been able to move forward with reconstruction plans, Greece has continued to suffer the destruction of war. Thus, although Greece has received nearly a thousand million dollars' worth of outside aid since the war—an amount relatively larger than that granted to any other country, and as large as the Greek national income for the same period—it has made but halting progress toward recovery. 1 Foreign aid, including U.N.R.R.A. assistance, has largely prevented starvation. It has not primed the economic pump. ECONOMIC STRUCTURE The Greek economy has never been highly productive, and consequently Greece has never been a rich country, but on the contrary, one of the poorest countries in Europe. Its natural resources are comparatively limited. Coal, for instance, is entirely lacking except for a certain amount of lignite, the output of which was 139,000 tons in 1939. The production of bauxite, chrome and lead ore, of iron pyrites, etc., has been 1 The make-up of post-liberation aid is estimated as follows : U.N.R.R.A. supplies, $350 million ; British contributions, $518 million, a p a r t of which was spent before liberation ; American Lend-Lease imported after liberation, $80 million ; Export-Import Bank credit, $25 million ; U.S. Surplus Property credit, $55 million ; credit for purchase of 100 surplus U.S. ships, $45 million. The U.S. Congress also appropriated on 22 May 1947 $300 million for further aid to Greece, in addition to $50 million voted separately in t h e post-U.N.R.R.A. Relief Bill. 24 LABOUR PROBLEMS IN GREECE only on a small scale. Agriculture, the most important economic activity, is handicapped by the fact that three quarters of the total area of the country is not cultivable, and yet agricultural workers constitute 60 per cent, of the occupied population. The ratio of farm population to arable land is extremely high ; there are, in fact, few countries where it is higher. The census of farms taken in 1929 showed that out of a total of 953,367 farms, 37.6 per cent, were less than 1 hectare x in area, 35.1 per cent, were between 1 and 3 hectares, 23.3 per cent, between 3 and 10 hectares, 3.8 per cent, between 10 and 60 hectares and 0.2 per cent, over 60 hectares. Most farmers have not enough land, with the result that their incomes are always low. For example, a typical family farm in the intensive tobacco regions in Macedonia and Thrace has only from % to 1 % acres per family. In the olive-growing, regions of Crete and the Peloponnesus, typical farms have only 2y2 to 5 acres. In the wheat-growing plains of Greece, the typical large farm has only 7% to 12% acres per family. 2 Although the Greek economy is predominantly agricultural, the country has always had to import some of its food. In 1939, for instance, it imported 26 per cent, of the wheat, 15 per cent, of the maize, 85 per cent, of the rice, 97 per cent, of the sugar (including honey) and 33 per cent, of the beef the people consumed. On the other hand, farm products also accounted for about 90 per cent, of Greek exports, i.e., leaf tobacco, raisins, olive oil, figs, wine and olives. The value of all imports exceeded that of exports. In 1938, exports paid for about 70 per cent, of imports, the remainder having been covered by remittances from Greeks living abroad, by returns from the comparatively large merchant marine and by tourist receipts. It may be noted in passing that the things Greece had to import were mostly necessities, while exports fell largely in the luxury class. As a result, its foreign trade was always precarious and the balance of international payments was maintained with difficulty. The principal manufacturing industries before the war were textiles, chemicals, food processing and leather ; but the total value of industrial production, including food processing, was only about one fifth that of agricultural production. The 1 2 1 hectare = 2.471 acres. Report of the F.A.O. Mission for Greece, op. cit., pp. 155-156. POLITICAL A N D ECONOMIC 25 SETTING development of industry has been retarded for a number of reasons, including the shortage of coal and of basic raw materials, the lack of a mass market in Greece, and the limited amounts of available capital. Most of the industrial establishments existing before the war were small enterprises, and the artisan shop with two or three workers is even today more typical of Greek industry than the larger plant. 1 The structure and nature of the Greek economy are revealed by the distribution of the gainfully employed population. The distribution by industrial status and main occupational groups, as shown by the census of 15 May 1928, is given in table I. TABLE I. GAINFULLY AND OVER, OCCUPIED CLASSIFIED AND BY POPULATION, AGED OCCUPATIONAL INDUSTRIAL 10 YEARS GROUPS STATUS (Census of 1928) Occupational groups Agriculture, stock-raising, hunting, fishing . . . . Mines and quarries . . . Industry Communications and transport Banking, exchange and broking Commerce Public services Liberal professions. . . . Personal services . . . . Unspecified occupations. . Occupied population . . . Total population Total population (aged 10 years and over) . . . Persons employing salaried employees and workers Persons employing members of family onlj Persons working on own acconnt Hombers of employer's family working in family 82,852 404,099 334,592 525,342 107 19 151 75 29,060 12,741 121,970 19,535 3,818 1,410 30,234 2,540 1,913 25,499 316 11,468 6,061 85,415 452 13,311 2,677 2,023 327 467 25,415 6,284 444 631 Salaried employees 1,512 127,244 1,475,641 5,784 6,340 204 429,831 4,310 242,215 51,146 106,758 13,324 871 16,488 33,379 41,029 3,443 52,643 4,463 98 48,067 18,655 169,920 22,937 185,560 44,472 85,969 57,570 188,475 17,610 147,949 430,847 610,122 562,330 165,773 686,532 2,745,508! 6,204,684 4,814,720 Source : Annuaire statistique de la Grèce, 1932, pp. 73-74. i Including 141,955 of unspecified industrial status. A census of industrial and commercial establishments, taken in September 1930 and covering 76,591 industrial undertakings and 99,240 commercial establishments, showed the total number 1 See also Chapter IV, pp. 83-85. 3 26 LABOUR PROBLEMS IN GREECE of persons employed in the establishments concerned as 280,331 for industry and 174,460 for commerce. The results of the 1940 census have never been worked up, the war having interrupted the necessary work. Only estimates are available to give some idea of the position in more recent times. The most reliable information is from a sample survey conducted by the Allied Mission for Observing the Greek Elections in the summer of 1946 and later analysed by a number of competent American statisticians. 1 The results of this analysis are given in table II. TABLE II. EMPLOYMENT STATUS OF T H E G R E E K POPULATION, 15 JULY-7 AUGUST 1946 (1,000's) Group Total population Male Female Total 3,599 3,658 7,257 2,179 175 183 2,537 484 1,391 107 716 2,698 2,663 1,391 282 899 5,235 877 106 1,049 2,032 147 250 8 176 434 50 1,127 114 1,225 2,466 197 Aged 14 and over : Total Aged 14 and over : At work or with a job : Total Not at work b u t seeking work The comparatively large number of independent workers is explained partly by the fact that most farms are small units which do not employ paid labour, and partly by the prevalence of small industrial and commercial establishments in which only the owner and members of his family are employed.2 1 R . J . J E S S E N , R . H . B L Y T H E , J R . , O. K E M P T H O R N E and W. E D W A R D S DEMING : " On a Population Sample for Greece " , in Journal of the American Statistical Association, September 1947, p p . 357-384. 2 See below, p p . 83-85. POLITICAL AND ECONOMIC SETTING 27 N A T I O N A L INCOME AND P O P U L A T I O N In view of the economic structure of Greece and the difficulties under which the country labours, it is understandable that the national income should always have been small and the standard of living of the majority of the people low. It is always difficult to make a reliable estimate of the national income and its distribution, and this applies with particular force to Greece, where much of the necessary statistical data is lacking and very rough estimates have to be used. Subject to this consideration, however, it may be estimated that the national income, even in the best pre-war years, never reached $700 million. In 1938, for example, the total income was 73,713 million drachmae ($658 million). Since the population in that year is estimated at 7,109,000, the income per head was about $90. But even this figure gives a distorted picture of living standards, because of the distribution of the national income among the various population groups. Excluding the expenses of the State, the municipalities and the clergy, the 1938 national income was distributed among major economic groups as follows : 44 per cent, to agriculture, 28 per cent, to industrial and commercial enterprises, 14 per cent, to salaried employees, 11 per cent, to wage earners and 3 per cent, to members of the liberal professions. The U.N.R.R.A. Economic Mission made a careful analysis of the family income distribution within each of these groups. It concluded that, in 1938, 558,808 agricultural families (comprising 2,661,420 persons) had annual incomes of 20,000 drachmae or less, equivalent to $178 at the pre-war rate of 112 drachmae to the dollar. This meant an income per head of less than $39. Another 275,340 agricultural families, representing 1,239,080 persons, had incomes of between 20,000 and 40,000 drachmae a year, or less than $78 per head. Among workers, the situation was little better : 220,900 workers' families, representing 1,130,780 persons, were in similar income categories, as were 87,650 families of members of the liberal professions and 53,278 families of salaried employees. All in all, 40 per cent, of the total population and 60 per cent. of the agricultural population had incomes of under $39 per head in 1938—a good pre-war year. The income per head was under $78 a year for more than three fourths of the entire population. Such amounts were obviously scarcely adequate 28 LABOUR PROBLEMS IN GREECE to maintain a minimum existence and quite inadequate to provide any kind of a market for manufactured articles. Greek industry was therefore limited in terms of the market to less than one quarter of the population, even in relatively good times. To complete the economic picture, mention must be made of the influx of refugees into the country after the first World War. This resulted partly from the population exchange between Greece and Bulgaria under the Treaty of Neuilly, which involved the exchange of 46,000 Greeks from Bulgaria for 53,000 Bulgarians from Greece, but mainly from the exchange of population between Turkey and Greece under the Lausanne Agreement of 13 January 1923, as a result of which over a million Greeks from Asia Minor, Thrace and other parts of Turkey were exchanged for 450,000 Turks living in Greece. According to the census of 15 May 1928, the refugees numbered 1,221,849, of whom 1,099,216 came from Turkey, 49,027 from Bulgaria, 47,091 from the Caucasus and 25,515 from other countries. Lastly, reference must also be made to the tendency of the agricultural population to drift to the towns. In 1920, the town dwellers constituted 27 per cent, of the total population ; by 1928, the proportion had risen to 33 per cent., and by 1940 to 37 per cent. The three large cities with a population of over 100,000, namely, Athens, Piraeus and Salónica, together accounted in 1920, 1928 and 1940 respectively for 11, 15 and 18 per cent, of the total population. Effects of the War and the Occupation Greece suffered more heavily in the war than any other Allied country, with the possible exception of the Soviet Union. The dramatically successful Albanian campaign against the Italians nevertheless cost heavily in men and materials, as did the subsequent campaign against the German army. The occupation itself was devastating. The three occupying forces —German, Italian and Bulgarian—divided the country into three separate regions with no contact between them, systematically removed or destroyed capital facilities and reduced the Greek people to actual starvation. 1 Hundreds of thousands 1 The average daily diet is estimated to have been only 900 calories in 1941, and at no time during the occupation more than 1,400 calories. POLITICAL AND ECONOMIC SETTING 29 died of malnutrition and disease, while many more were killed in reprisals for acts of resistance. The monetary losses, relatively to the size of the Greek economy, were astronomical. The Paris Conference on Reparations estimated their total, including occupation expenses and physical destruction, at almost $8,500 million. Production losses and the destruction of working capital through inflation would add thousands of millions of dollars more. No area of the country escaped severe physical damage, although Athens was less hard hit than other areas. Thousands of villages were burned to the ground and nearly one fourth of all buildings were either totally destroyed or severely damaged. More than a million Greeks, mostly from agricultural regions, were thus rendered homeless. Driven from the land, they crowded into the already congested urban centres. 1 By the end of the occupation, the area under cultivation had declined by more than 25 per cent, and agricultural production had fallen much more than that. By that time, also, Greece had lost between one fourth and one third of its forests, more than 2 million olive trees, and 60,000 acres of vineyards. Half of the draught animals and 80 per cent, of the pigs had been destroyed. Transport and communications—never very good—had been thoroughly disrupted. The railways lost more than three fourths of their total rolling stock and the retreating Germans destroyed tracks, tunnels and bridges over the entire rail system, as well as workshops and stations. Motor transport was equally hard hit and half of the highway bridges in the country were blown up. Three quarters of Greece's considerable ocean shipping fleet and all ports and harbours were severely damaged. At the Port of Piraeus, for example, every crane, coal conveyor and other piece of machinery was destroyed, warehouses and sheds were demolished, quays were methodically blown up by mines, and shipping was sunk in the harbour. The Corinth Canal—a vital link in sea transportation—was blocked with a slide of millions of tons of rock and earth. Telegraph and telephone lines and submarine cables were wrecked. Damage to industrial installations, while less severe, was 1 The population of Salónica tripled between 1940 and 1944, while that of Athens more than doubled. 30 LABOUR PROBLEMS IN GREECE extensive. Most heavy equipment was either removed or destroyed. The remaining equipment was worn out or left in serious need of replacement parts and maintenance. The systematic destruction of the economy was completed by a fantastic monetary inflation, which wiped out all bank deposits and reserves and produced psychological consequences from which the economy is still suffering. As in many other countries, the occupying forces resorted to the printing press to meet their expenses and to mulct the country. In the case of Greece, however, the resulting inflation was unusually extreme. While production was being sharply curtailed as a result of the occupation, the volume of drachmae in circulation increased by 36,100 per cent, between October 1939 and January 1944.1 Immediately after the liberation, the Government withdrew the existing currency and exchanged it for new drachmae at the rate of 50,000 million to 1. The liquidation of monetary assets was complete. But inflation did not cease with conversion : it still remains a problem. The Greek Economy Today Recovery has not proceeded satisfactorily for a number of reasons, mostly related to the prevailing state of insecurity. While some progress has been made in physical reconstruction, the surface has barely been scratched in this respect. In the north, indeed, additional destruction by guerilla bands is keeping ahead of rebuilding activities. 2 Villages are still being burned, bridges and other communications are still systematically being destroyed, crops are being laid waste in the fields. Inflation has not been stopped. The national budget has not been balanced. Export levels have not been restored. Both agricultural and industrial production are substantially below the pre-war level and—in important instances—below levels reached in 1946. The low pre-war living standards of the people have been further depressed. Almost a million and a half persons 1 U N I T E D N A T I O N S R E L I E F AND R E H A B I L I T A T I O N ADMINISTRATION : Post- War Public Finance in Greece, Operational Analysis Papers, No. 25 (London, 1947), p . 3. 2 The Third Greek Army Corps reported, for example, t h a t during October 1947, 26 railway bridges were destroyed in its area of operations in north-western Greece. The number rebuilt during this period was very m u c h lower. POLITICAL AND ECONOMIC SETTING 31 are today classed by the Government as " indigent ", with incomes under 20,000 drachmae ($2.50) a month, that is, barely enough to buy, in addition to the daily ration of 80 drams 1 of bread at the official price, two dozen second-grade eggs for the whole month, or four fifths of an oke of rice, or half an oke of butter, or 5 okes of milk, at the retail prices for these articles in Athens on 6 November 1947 2 ; or (a more likely purchase) enough to buy 70 drams per day of the most ordinary quality of fresh olives. PROGRESS OF ECONOMIC RECOVERY From an economic standpoint, the most serious physical reconstruction problems relate to transport. The railways are still in bad shape in terms of rolling stock, tracks, bridges and tunnels. Greece has today only one third of the total rolling stock it had before the war and less than a quarter of the passenger cars. Service has been restored over the total area of the Peloponnesus network (S.P.A.P.), but at reduced speeds owing to the condition of the tracks. The mainland network (S.E.K.), the connecting link between north and south, operates only between breaks caused by the destruction of bridges and tunnels. The serious damage to the highway system has not yet been repaired and the Ministry of Reconstruction estimates that not more than 5 per cent, of the highways are in good condition. Many others, including stretches of the main road from Athens to Salónica, are virtually impassable. Progress has been made in the restoration of ports, and those of Piraeus, Volo and Salónica are now in operation. Extensive damage to docks, quays and loading and discharging facilities in these and other ports remains to be repaired, however, and port costs are therefore exceedingly high. The Corinth Canal, which formerly saved 200 sea miles in reaching Aegean ports from the Adriatic, is still blocked, although clearance work is beginning. As a result of this situation and the constant additional interruptions to transport by the guerillas, internal freight 1 a 1 oke (400 drams) = 1.283 kg., or about 2 lb. 13 oz. 1 oke (liquid measure) = 1.34 litres, or about 1 quart 2 gills. Prices recorded by the Statistical Service of the Bank of Greece. 32 LABOUR PROBLEMS IN GREECE traffic is but a fraction of its pre-war volume, and excessive transport costs seriously impair the ability of Greece to recapture export markets. Transport difficulties also affect agricultural and industrial production by limiting markets to local areas. Agriculture has recovered more than any other sector of the economy, but production levels in general are still only about 85 per cent, of pre-war levels and are far below the TABLE III. PRODUCTION OF IMPORTANT CROPS IN 1947 Crop Cotton. Tobacco Wheat. Maize . Barley . Rye . . Oats. . 1947 as percentage of pre-war production Acreage Yield per acre 49 80 95 69 86 89 90 113 93 69 77 60 52 67 Source : Ministry of Co-ordination. consumption needs of the people. Except in the case of cotton, yields per acre under cultivation in 1947 were substantially lower than pre-war yields, as illustrated in table III above. Production of the twenty major food crops, expressed in calories, was about 34 per cent, below the pre-war output and some 5 per cent, below that of 1946. The grain crops in 1947 were seriously affected by drought, and the production of tobacco and fruit products was curtailed by the absence of normal markets in central Europe and by very high costs of production when world prices are translated into drachmae. The level of industrial production is now estimated by the Federation of Greek Industries to have reached 67 per cent. of the pre-war level, having increased from a low point of 33 per cent, in 1945. As might be expected, there is wide variation in the levels achieved by different industries. In August 1947 the mining industry, which was almost completely wrecked during the occupation, was producing at only 14 per cent, of the pre-war rate. Electric power production, on the other hand, was'130 per cent, of the pre-war rate and some of POLITICAL AND ECONOMIC SETTING 33 the components of the chemical industry—notably pharmaceuticals and glass—had exceeded pre-war rates. So had the cigarette industry, which was operating at a rate about half as high again as that of 1939. But the general • tendency is the opposite one. According to the August 1947 figures, steel production was at 65 per cent. of the pre-war figure, shipbuilding and repairing at 8 per cent., cement at 64, bricks and tiles at 40, cotton spinning and weaving at 75, the knitting industry at 30, carpet making at 5, and flour production at 66 per cent, of pre-war rates. 1 Many factors contribute to these relatively low production levels. Much of the industrial plant and machinery is worn out. It was estimated by the Government, in connection with the Paris discussions on the Marshall Plan, that industry requires 17 million dollars' worth of machinery to bring it back to pre-war levels of efficiency. Much of the existing machinery is of German origin and replacement parts are difficult to obtain. It is also undoubtedly true that the manpower losses and dislocations of the war, the occupation and the revolution have had the effect of generally lowering labour productivity. When all this has been said, however, two factors remain which are mainly responsible for the low level of industrial activity. The first is a lack of confidence in the future, which arises out of the conditions of insecurity, and the inflationary psychology of which it is in large measure the cause. Industrialists are reluctant to undertake capital expansion under present conditions. Nor are many of them in any great hurry to process their existing stocks of raw materials in view of the constantly rising price level. The second consideration is, perhaps, even more compelling. There is not an effective market at present for any substantially greater volume of production. Industry has traditionally produced for the home market, with no more than 10 per cent. of exports taking the form of manufactured goods. That market has been substantially reduced by the guerilla activity, the disruption of transport, and depressed real incomes. More1 Greek statistics generally leave much to be desired, and those for production are subject to a wide margin of error. They are thought, however, to be generally representative of the actual situation and of relationships between industries. Those used here are from Document 9817/26947 of the Ministry of Co-ordination and are based on figures supplied to the Ministry by the Federation of Greek Industries. 34 LABOUR PROBLEMS IN GREECE over, those few industries, like carpet manufacture, which are essentially export industries, find their markets limited by the high costs of production when these are translated into foreign exchange at prevailing official rates. It is unlikely, therefore, that there will be any considerable further expansion in industrial output until inflation is stopped and internal security achieved. T H E CURRENCY PROBLEM Depreciation of the currency and attendant price inflation unquestionably constitute the major economic problems confronting Greece today, as they have for the past three years. The drastic currency conversion of November 1944, when the old drachma was withdrawn, served to halt the inflation of the occupation period. But new inflationary forces soon developed, stemming primarily from continued and large-scale deficit financing by the Government. In the first two years following liberation the budgetary deficits, despite the volume of foreign aid, averaged more than a third of total expenditures, and even in the fiscal year 1946-47, when strenuous efforts to improve the situation were made by the Currency Committee, the Government overdraft at the Bank of Greece amounted to 83 thousand million drachmae. Several important factors on both the receipts and expenditure sides contributed to this situation. Government expenditures have increased substantially and the post-war budget is several times pre-war size. This is partly a heritage of the war itself, in the form of expanded pension rolls, grants to bankrupt municipalities and public institutions whose reserves were wiped out, reconstruction costs and increased public employment. But it is more largly attributable to the lack of internal and external security. Military expenses alone constitute about a third of the total expenditures and more than ecpaal the accumulated deficit. The situation created by the guerilla activities has also drastically affected receipts (which are now only about 60 per cent, of pre-war receipts) by contributing to the flight of capital and to the generally low level of economic activity. Moreover, in many areas of the country, the Government has been unable to collect any taxes at all or has done so irregularly. An archaic and inflexible tax system has also contributed to the post-war fiscal chaos, and the whole tax structure is in urgent POLITICAL AND ECONOMIC SETTING 35 need of fundamental reform. But the prevailing conditions of insecurity have sharply reduced the yield of existing taxes and directly contributed to the budgetary problem. Moreover, in view of the low state of public confidence, it was impossible to finance the deficits resulting from the conjunction of these factors by floating internal loans which would have had some deflationary effect. They were met, instead, by the issue of new currency by the Bank of Greece and a similar procedure was followed in the case of agricultural and industrial credits for reconstruction. 1 The result was a huge increase in the volume of currency—an increase which was not offset by the growth of bank deposits, but was directly reflected in terms of increased monetary demand and consequently of pressure on prices. As the following figures provided by the Bank of Greece show, the volume of currency in circulation was seventeen times greater in August 1947 than it was in August 1945. Inflation has slowed down, but it still continues. CURRENCY IN CIRCULATION, 1944-1947 (Million drachmae) November 1944 1 August 1945 1 August 1946 1 August 1947 2,388 40,556 496,344 691,953 An expansion of this magnitude without any corresponding increase in production or in the volume of foreign-financed imports has inevitably led to the steady depreciation of the drachma in relation to foreign currencies. The extent to which this has occurred is indicated in table IV, showing " free " market exchange rates at various times. In this situation, speculation in the drachma has been widespread. Persons holding drachma balances have immediately attempted to convert them into something else. There has been, therefore, no substantial growth of bank deposits, and the inflated volume of currency has either moved directly into the commodity markets or into the purchase of gold. The unrestricted sale of gold sovereigns to the public, undertaken by the Bank of Greece as an anti-inflationary step in February 1 These have been large. According to information supplied by the B a n k of Greece, on 31 August 1947 credits to trade, agriculture and industry totalled 963,000 million drachmae. 36 LABOUR PROBLEMS IN GREECE TABLE IV. FOREIGN EXCHANGE RATES U.S. dollar Date August 1945 . . . August 1946 . . . J a n u a r y 1947 . . March 1947 . . . May 1947 . . . . 1 September 1947. 15 September 1947 Official rate Free 500 5,000 5,000 5,000 5,000 5,000 5,000 750 6,221 7,914 7,442 7,663 9,200 8,550 rate Pound sterling Percentage Official of official rate rate 150 124 158 149 153 180 170 2,000 20,000 20,000 20,000 20,000 20,000 20,000 rate Percentage of official rate 2,470 21,774 22,339 21,880 22,724 25,300 24,250 123 109 112 109 114 126 121 Free Source : Ministry of Co-ordination. 1946, resulted in draining off a very large volume of excess drachmae. It had, however, the disadvantage of dissipating Greek gold reserves into small hoards buried in backyards, thus further complicating the problem of the balance of payments. The free market price of the gold sovereign has, moreover, been driven far above world parity, reaching 176,000 drachmae at one point during the stay of the Mission in Greece.1 This, in turn, has reacted sharply upon the internal price level, so that rents, the prices of capital goods and-of many commodities have, by a process illustrative of Gresham's Law, come to be quoted in gold sovereigns. The resultant situation is extremely difficult to cope with, since the price of the gold sovereign is determined primarily by psychological and political factors related to the security situation rather than by economic considerations. Thus, during October and early November 1947, when the general supply situation was improving, when drastic steps to balance the budget were being taken, and when a more effective system of import-export controls was instituted, the price of the gold sovereign on the free market sharply advanced, as did the general price level. The cost of living thus continually increases, while incomes (except those of speculators and black market operators) trail seriously behind. 1 The currency situation deteriorated still further after the Mission had left Greece. The gold sovereign reached 235,000 drachmae on 11 J a n u a r y 1948. POLITICAL AND ECONOMIC SETTING 37 PRICES AND WAGES Statistics of price, salary and wage movements in Greece are extremely inadequate. The steepness of the upward curve of the cost of living varies according to the budget items included in the calculation of the index, and also according to the prices on which it is based, i.e., the prices current on the free market where goods are available, or the officially fixed prices, which are often merely theoretical. However, at the time of the Mission's visit to Greece it was currently estimated that the prices of certain essential articles had risen well over 300 per cent, since 1939, while wages and salaries had lagged behind. There is constant pressure, therefore, for upward wage adjustments and several general adjustments have been made, including one in November 1947. Until price inflation is checked, however, real wages cannot be restored for any length of time to their pre-war levels. The best wage-price data available are the indices of wages and salaries and of minimum cost-of-living budgets originally established by the Economic Analysis Division of the U.N.R.R.A. Greek Mission and since continued by the Bank of Greece. While their applicability is somewhat limited on the price side by the restricted nature of the minimum budgets, they clearly indicate what has been happening to real wages. The various indices are brought together in table V. They show in conjunction a number of interesting things. First, the price of these minimum budgets has steadily increased month by month, but the cost of the 2,300 calorie budget has gone up more rapidly than that of the 2,550 calorie budget. The lowest income groups must, therefore, have been more severely affected by the inflation than the higher income groups, although all have suffered. Secondly, at no time—except for the two months when special bonuses were given—have wage and salary increases kept up with price increases. Since the liberation 1 the authorities have taken steps of various kinds to try to counteract the inflationary movement of the cost of living and to secure some readjustment of wages. 1 For information concerning the occupation period, see International Labour Review, Vol. L I I , No. 6, December 1945, pp. 643-651 : " The Inflation of the Cost of Living and Wages in Greece during the German O c c u p a t i o n " , by S. AGAPITIDIS, Secretary-General of the Superior Economic Council of Greece. 38 LABOUR PROBLEMS IN GREECE TABLE V. PROVISIONAL COST-OF-LIVING INDICES AND INDICES OF MONEY AND REAL WAGES AND SALARIES Date October 1939 December 19¿ 4 December 194 5 December 194 6 J a n u a r y 1947 February 194r7 March 1947 April 1947 . May 1947 . J u n e 1947 . J u l y 1947 . Index of money wages and salaries 100 239 4,039 15,432* 7,707 9,550 9,550 12,715 2 9,550 9,550 '9,550 I n d e x of cost of living in Athens Index of real wages and salaries Minimum Minimum B a s e : cost Base : cost budget : budget : of 2,300 2,550 calo- 2,300 calo- of 2,550 calories ries per d a y ries per d a y calories 100 100 100 100 5,376 9,596 9,889 10,108 9,843 10,277 10,452 10,627 10,666 9,581 10,150 10,254 10,109 10,753 10,958 10,947 10,825 75.1 160.8 77.2 94.5 97.0 123.7 91.4 89.9 89.5 161.1 75.9 93.1 94.5 118.2 87.2 87.2 88.2 Sources : Bank of Greece ; Ministry of Co-ordination. 1 Including a special Christmas bonus. 2 Including a special Easter bonus. In the field of price control the measure which has been most effective is certainly the Rent Moratorium Act, which introduced provisions particularly favourable to wage earners for the purpose of safeguarding tenants against eviction, prolonging the term of their leases and protecting them against the raising of rents. Thus rent, normally one of the largest items in the family budget (particularly in the case of town-dwelling workers), has become an almost insignificant factor in current expenditure. By contrast, and in spite of measures to fix the prices of certain rationed goods, the proportion of the family budget allocated to food, which seems to have been relatively large even before the war 1 , swallows up an ever-increasing part of the family income—nearly two thirds, according to a currently accepted estimate. The price of bread has been effectively controlled by the introduction of an official bread rationing system which in October 1947, when the Mission was in Greece, took the form of the allowance of 80 drams (256 grammes) of bread at the fixed price of 200 drachmae, or only one third of the free market price of bread. 1 In 1936 an enquiry conducted by the General Statistical Service of Greece and covering 473 workers' and salaried employees' families showed that on an average these families were obliged to spend over one half of their income on food. 39 POLITICAL AND ECONOMIC SETTING Control of the fares charged by transport undertakings and the fixing of the retail price of tobacco have also checked inflation in respect of certain accessory expenditures. The effect of these measures is revealed in very different degrees in the cost-of-living indices established by separate budget items for the month of April 1946 in the Athens-Piraeus area by the Statistical Service of the Ministry of National Economy. These indices are as follows (first six months of 1939=100) : General index Food Rent Light and heat Miscellaneous (transport, cigarettes, papers, etc.) news- 7,945 10,174 800 11,560 6,732 The relevant data were lacking in October 1947 for a similar comparison between the indices for the various items in the budget after the steep rise in prices which had taken place in the meantime. There is reason to believe, however, that the differences between the various indices revealed by the above figures have become still more marked, rather than the contrary. So far as wages are concerned, official action has taken various forms, all directed towards the two, and often contradictory, objectives of every Government in periods of inflation, namely, to maintain the purchasing power of wages to the greatest possible extent while at the same time checking the inflationary effects that a substantial rise in wages would have on the price level. During the war both the wage control measures and the actual movement of wages had tended to flatten out wage differentials, on the principle that during an emergency period the first essential was to cover basic minimum needs, which are more or less the same for all human beings. Traces of this principle are still evident in the wages and salaries fixed by joint decision of the Ministers of Finance and Labour on 8 February 1946.1 Differences between the lower and higher rates were not very wide, and the rates fixed were intended to be both minimum and maximum rates. This scale of wages, which was still officially in force when the Mission visited 1 Decision taken in accordance with Act No. 28 of 1944, which, soon after the liberation, empowered the Ministers of Finance and Labour to fix wages and salaries by joint decision. Decisions of the same kind had previously been issued in December 1944 and in January, June and November 1945. 40 LABOUR PROBLEMS IN GREECE Greece in October 1947, provided the following rates for workers and technicians paid by the day (Decision No. 3600) : Rate (drachmae) Men : 1 Foremen Skilled Semi-skilled and specialised Unskilled Class A apprentices (2 years' employment) . Class B apprentices (under 2 years' employment) Women : Skilled Semi-skilled Unskilled Class A apprentices Class B apprentices 7,200 6,000 5,000 4,000 2,700 2,200 5,000 4,000 3,000 2,200 2,000 It may be noted that under this scale the difference between the rates in the higher and lower wage groups for men (including apprentices) is as 1 to 3.3 compared with 1 to 9 before the war, and in respect of the women's rates (including female apprentices) only as 1 to 2.5 compared with 1 to 3.3 before the war. At the same date a decision was issued fixing the salaries for monthly paid employees, the basic salary being augmented by family allowances. It was not long before the steady rise in the cost of living widened the gap between the wages and salaries fixed by these decisions and the price of articles of prime necessity. As a result, and in view of the increasingly urgent complaints of the workers concerned, various expedients were adopted to improve the situation. Some of these measures consisted in increasing the rate of pay for work done under specified conditions, for example, the Decision of 12 March 1946 concerning payment of higher rates to persons working on holidays ; the Decision of 29 May 1946 1 The current international terminology has been used to describe the occupational groups corresponding to the wage scale, although the Greek terms in question are often translated in different ways and are thus liable to cause confusion. Thus the term used for the higher grade of industrial workers, usually known as " skilled workers " , is often translated by " t e c h n i c i a n " , which in international terminology might be t a k e n to mean a salaried engineer and not a manual wagepaid worker. The term "specialised w o r k e r " is also frequently used to describe t h e same grade, whereas in international terminology this refers to a lower grade equivalent to " semi-skilled worker " . Similarly, the. Greek term to describe the lower grade is often translated by " skilled w o r k e r " , a term which in international terminology is kept for fully trained higher-grade workers. POLITICAL AND ECONOMIC SETTING 41 increasing by 25,000 drachmae per month the pay of shop assistants required to work in the afternoons ; the Decision of 3 August 1946 prescribing an extra daily bonus for workers employed away from their normal place of work. Under other decisions special payments in connection with holidays were made obligatory : at Easter 1946 a bonus equal to 15 days' wages or salary was prescribed subject to a reduction for newly engaged workers (Decree No. 13400). The special bonus for Christmas 1946 was even higher ; it amounted to one month's salary for monthly paid employees and 25 days' wages for workers, while the length of employment conferring a right to the full payment was substantially reduced. In a few industries gifts in kind were also prescribed, e.g., a specified supply of socks and stockings for the workers employed in the hosiery industry, in accordance with Decision No. 4358 of 15 February 1946. Among similar measures to increase the purchasing power of t h e p a y m e n t s officially allowed to workers in the year 1945-1946, mention may also be made of the facilities granted to workers, salaried employees and civil servants for the purchase of low-priced clothing by means of the distribution of clothing cards authorising the bearer to buy a limited quantity of clothes imported by U.N.R.R.A. In spite of these various special allowances, however, it was generally recognised at the time of the Mission's visit to Greece in October 1947 that the official rates of wages and salaries were quite inadequate to enable workers to meet the cost of living, and that in actual practice higher rates were paid than those officially posted up in the factories and workshops. A committee set up under-a Decision of the Minister of Labour (No. 405 of 25 June 1947), to examine whether it was necessary to revise the official wage rates, had just completed its work. After conducting an enquiry in four urban centres it had come to the conclusion that the wages and salaries actually paid in private industry were substantially higher than the official rates, but that the readjustments had not affected all the workers, and it expressed the opinion that a general review was necessary to straighten out the situation. Indeed, the attempts made by the social insurance funds, dating from some months earlier, to recover contributions on the basis of the wages actually paid, and not of the official rates, had given a certain sanction to the non-legal rates. Although the principle adopted by the funds was not strictly 4 42 LABOUR PROBLEMS IN GREECE applied, since the more or less illegal character of the actual rates paid made concealment comparatively easy, some reflection of this ad hoc readjustment of wages may be found as early as the beginning of 1947 in the statistics prepared by the Athens regional office of the Social Insurance Institution (I.K.A.) relating to insured persons employed by large undertakings. During the months of January, February and March 1947, the general average wage per working day on which the contributions collected were based was respectively 10,398 drachmae, 9,825 drachmae and 10,128 drachmae. This means that the average was much higher than the rates, given above, fixed in February 1946 for the highest paid groups of workers. The averages for the textile and clothing industries are especially significant. Although two thirds of the labour force of these industries in Greece consist of women and the official wage rates for women ranged from 3,000 to 5,000 drachmae per day, the average wage per day shown by the I.K.A. statistics was 9,808, 9,409 and 9,757 drachmae, respectively, for the three months concerned. The attention of the Mission was frequently drawn to this de facto readjustment of wages, which anticipated the results expected from the tripartite negotiations in progress at the time. .Nevertheless, it was clear that the wage scales introduced empirically under pressure of economic conditions differed substantially from one industry to another and from one undertaking to another. The law of supply and demand clearly operated to the advantage of the most highly skilled workers, of whom there was a shortage, but the readjustment lagged behind for the lower categories. The range of wage differentials had been considerably widened. A striking feature was the widespread application in the Athens-Piraeus area of output bonuses as a means of enabling efficient workers to earn more than the minimum wage. This device seemed to have produced the usual stimulating effect to the advantage both of production and of the producer, and was a successful experiment in Greek industry. The agreements which resulted from the tripartite negotiations for the readjustment of wages, and which were signed on 4 November 1947 and on the days following1, laid down rates for monthly salaries of private employees and daily wages 1 The agreements were retroactive to 20 October 1947. POLITICAL AND ECONOMIC SETTING 43 of workers based on those established by the pre-war collective agreements, multiplied by a quotient varying with each step on the wage scale. The results of these readjustments are shown in a simplified form in table VI. These rates apply to the Athens-Piraeus area and are subject to a 15 per cent, reduction in the provinces. TABLE VI. SALARY AND WAGE MADE IN NOVEMBER ADJUSTMENTS 1947 (Drachmae) Monthly salary Daily wage Employees Workers Pre-war rate Minimum rate 20 Oct. 1947 Quotient 500599 1,000- 1,099 1,500- 1,599 1,800- 1,899 2,000- 2,099 2,500- 2,599 3,000- 3,099 3,500- 3,599 4,000- 4,099 4,600- 4,699 6,000- 6,099 8,000- 8,099 10,000- 10,099 12,500- 12,599 14,900- 14,999 125,000 220,000 295,000 340,000 370,000 442,000 506,000 566,000 620,000 680,000 781,000 905,000 1,088,000 1,200,000 1,368,000 250-209 220-200 197-184 193-179 185-179 177-170 168-163 162-157 155-151 148-145 130-128 113-111 109-107 96- 95 92- 91 Pre-war rate Minimum rate 20 Oct. 1947 Quotient of increase 58 59- 60 61- 70 71- 80 81- 90 91-100 101-110 111-120 121-130 Men 11,000 11,400 13,000 14,500 15,800 17,000 18,000 19,000 20,000 190 193-190 200-186 200-181 197-176 187-170 178-164 171-158 163-154 Apprentices (male) 15-24 3,000 200-125 25-34 5,300 212-156 35-44 7,500 214-170 45-54 8,500 189-157 55-57 10,500 191-184 28-33 34-40 41-50 Women 7,000 8,000 9,000 250-212 235-200 220-180 Apprentices (female) 15-24 3,000 200-125 25-27 5,300 212-196 These rates are no longer both minimum and maximum rates in accordance with the principle followed by the ministerial decisions which had fixed wage rates during the previous three years under Act No. 28 of 1944. They are again supposed to be minimum rates, since there is a clause in each of the agreements providing that the rates may be exceeded, although on strictly defined conditions, i.e., the basic wage or salary may be 44 LABOUR PROBLEMS IN GREECE increased up to 30 per cent, in return for an improvement in the quantity or quality of the worker's output and provided that there is no consequent increase in the price of the product. The inclusion of this clause in all the new agreements thus gives official sanction to the practice of paying output bonuses which had been unofficially introduced during the preceding period, while at the same time limiting its scope. So far as the Mission was able to judge from information collected at first hand when visiting factories in October 1947, the increase in the basic wage resulting from output bonuses was in many cases much greater than 30 per cent, at that time. The methodical progression of the quotients of increase is clearly shown in table VI. Subject to minor variations at each step in the scale, the quotient becomes lower as the basic salary increases. The principle to which reference was made above, namely, the attempt to give priority protection to the purchasing power of the lowest wage groups, has continued to apply. As a result the wage differentials have been narrowed ; in the case of salaried employees the pre-war spread of 30 to 1 has been narrowed to 11 to 1, and in the case of male wage earners the pre-war spread of nearly 9 to 1 has been reduced to 7 to 1, while in the case of women the spread ranging from 3.5 to 1 before the war has been reduced to 2.5 to 1. It is open to question, however, whether current practice closely follows this theoretical narrowing of differentials. All the agreements include a safeguarding clause providing for the maintenance of wages which were higher than the prescribed rates at the time when the agreements were signed. There may therefore be considerable variation in the effects of the latest readjustments according to the degree of strictness with which this clause is interpreted. A particular point for consideration is the possible effect of the combined operation of the above-mentioned clause and the prescribed wage scales on the earnings of women. If the separate female rates appended to the scales for daily paid workers are examined, it is obvious that although, in accordance with the principle explained above, a high quotient has been applied to the so-called women's rates, which would be the lowest rates in a general scale for adult workers, yet the rates fixed in October 1947 for women workers are still much lower than the minimum wage set for the lowest male wage group (9,000 drachmae per day for the highest female wage group POLITICAL AND ECONOMIC SETTING 45 compared with 11,000 drachmae per day for the lowest male wage group). This did not appear to correspond with the current practice in October 1947 in the case of women employed on skilled or semi-skilled jobs l , and the rates fixed in 1946 were themselves in a different relationship. Owing to the lack of officially published cost-of-living statistics, it is difficult to estimate the real value of wages. However, on the basis of unofficial statistics of the movement of prices from various sources and of semi-official estimates of the variations in the cost of living, it may be concluded that, for most of the wage groups shown in table VI above, the newly prescribed minimum rates did not have the effect of restoring wages and salaries to their real pre-war value, so that from about the fourth step shown on the simplified scale in the table, representing a barely average wage, the real value of the minimum rates in October 1947 was still below the pre-war level. As the cost-of-living index appears to have shot up by something like 10 or 12 per cent, during the two months following the signing of the agreements, it seems reasonable to conclude that already by the end of 1947 the balance of wages had been upset, even in the case of the lower wage groups which had benefited by a favourable readjustment, and that the disequilibrium throughout the scale was becoming more pronounced. The most recent readjustment was prescribed for a period of six months and a thorough study of the position will probably have to be made before the expiry of that period. The problem of wages is therefore still acute. Moreover, the balance between wages and prices is only one of the factors making for economic stability, and the success of any readjustments made in contributing to a lasting equilibrium is bound up with the fate of all the other measures adopted to rebuild and stabilise the Greek economy as a whole. FOREIGN TRADE AND THE BALANCE OF PAYMENTS It remains, in filling in this general background picture, only to touch upon the problems of foreign trade and the balance of payments. Greece must import and, therefore, must export to live. About one third of its present minimum food require1 See above, p. 42, for the average wages paid at the beginning of 1947 in the textile industries, as shown by the statistics of the Athens Office of the Social Insurance Institution. 46 LABOUR PROBLEMS IN GREECE ments must be met by imports, and there is an urgent need for steel, machinery, building materials, minerals, vehicles, tyres and many other import items, if economic recovery is to go forward. All in all, the American Economic Mission (Porter) estimated conservatively that, for the year beginning 30 June 1947, imports to the value of $320 million would be required, in addition to $100 million worth of military equipment and supplies and $34 million worth of reconstruction equipment. 1 The Greek Government itself estimated import requirements at $361 million, excluding the military and reconstruction items. 2 Before the war, the deficit in the balance of payments arising from the excess of imports over exports was met from " net invisibles ", and more particularly from substantial emigrant remittances. In 1938, for example, Greece imported goods to a value of $131,766,000 against exports valued at $92,851,000. But over $23 million in emigrant remittances were received that year, almost $10 million from shipping, and nearly $8 million from foreign investments. Today, in the face of increased import requirements, all the other factors have changed. For a variety of reasons, exports have not recovered. In 1946, their value equalled only 47 per cent, of the value of commercial imports and about 15 per cent, of the value of all imports if U.N.R.R.A. supplies are included. Exporters have been hampered by the loss of their principal markets in central Europe, by artificially high production costs in terms of the world market (arising from the fact that official drachma exchange rates do not reflect the extent of the inflation in the Greek economy), and by excessive transportation costs. The most important export products, in particular, leaf tobacco, have been priced well above world market prices at official exchange rates. Coincident with the serious changes in the traditional relation between imports and exports, there has been a sharp drop in 1 " Report of the American Economic Mission to Greece " , summary in Department of State Bulletin, Supplement, 4 May 1947, pp. 898 et seq. * Programme of the Ministry of National Economy. The estimates included, among other things, $162,772,920 for foodstuffs, $31,709,000 for agricultural supplies and equipment, $29,423,176 for fuel, $17,000,000 for non-agricultural machinery, $20,823,000 for metals, $30,500,000 for industrial raw materials, and $13,251,733 for chemicals and pharmaceuticals. POLITICAL AND ECONOMIC SETTING 47 emigrant remittances and in receipts from the merchant marine. Ever since liberation, therefore, Greece has found it necessary to import at a rate far above that for which it could pay with exports, emigrant remittances and shipping earnings, and has been confronted with a constantly increasing shortage of foreign exchange, aggravated by the dissipation of gold reserves as a result of the free sale of gold by the Bank of Greece. By the early part of 1947 these reserves were virtually exhausted. 1 At the same time, the country faced a further crisis in the form of the early termination of British and U.N.R.R.A. assistance. This situation caused the Máximos Government to appeal to the Government of the United States for aid—an appeal which led to the adoption by the Congress of the United States of the $300 million Greek assistance programme and to the establishment of the American Mission for Aid to Greece. The Greek Government, with the advice and assistance of the American Mission, is now engaged in formulating and applying a broad range of economic programmes aimed at reconstruction and recovery. The situation is changing too rapidly to make it worth while —or even possible—to deal here with most of these programmes. It is anticipated, however, that the budget for the fiscal year 1947-48 will be balanced ; that the numbers of public employees will be sharply reduced ; that major communication lines will be restored and water supplies improved ; that a beginning will be made on rehousing ; and that exports will be about double those of the preceding year. While allocations within the $300 million aid programme are constantly shifting—particularly as between military and non-military items—it is proposed to spend about $50 million on relief, $20 million on agricultural rehabilitation, and $130 million on physical reconstruction. Important steps have already been taken to improve the export-import situation. A Foreign Trade Administration was established in October 1947, together with a new system of importexport controls. Steps were also taken to overcome the disadvantages under which the Greek exporter has laboured as a result of the artificially high official rate for the drachma. While the official rate was continued unchanged at 5,000 1 By February 1947, gold and dollar holdings of the Bank of Greece had been reduced to $12.5 million, while partially convertible sterling reserves totalled only $100 million. 48 LABOUR PROBLEMS IN GREECE drachmae to the dollar, its effects on exporters were mitigated by the institution of a system of export-import certificates. Exporters possessing foreign exchange receive, upon its sale to the Bank of Greece, drachmae at the official rate plus export certificates for the amount of foreign exchange sold. These certificates bear no fixed rate in drachmae but are negotiable on the open market and may normally be sold at approximately the difference between the official and the free market rate for the foreign currency involved. Importers are required to possess certificates up to the value of any foreign exchange they wish to purchase at the official rate from the Bank of Greece. The net effect of this is to reverse the relative positions in which exporters and importers formerly found themselves and substantially to reduce the prices of Greek products on the world market. 1 In the final analysis, of course, whether these or other measures succeed in bringing economic recovery and stability to Greece will depend largely upon the solution of the country's political difficulties, both internal and external. The Mission was not requested to make recommendations on the general economic situation and did not investigate economic conditions with that end in view. But it was apparent to the members of the Mission that the kind of background presented in this chapter was essential to an understanding of the problems encountered in the application of Greek labour legislation and to the intelligent formulation of any practical recommendations for improving that legislation. The specific observations and recommendations which follow have been shaped, therefore, in the light of the general political and economic situation which the Mission found in Greece and which has been outlined above. 1 It was hoped that, as a result, exports would reach a level of at least $120 million in the year ending 30 June 1948. The remainder of the balance of payments would then be made up by $35 million combined receipts from shipping, tourists and emigrant remittances, $35 million in Allied Surplus Property credits, a $12 million Export-Import Bank credit, receipts of $12 million from the sale in Greece of remaining U.N.R.R.A. supplies and $240 million of direct U.S. aid. See Report of the American Economic Mission, op. cit., p. 902. CHAPTER III EMPLOYMENT AND EMPLOYMENT ORGANISATION At present levels of economic development and activity, Greece has a substantial manpower surplus. This is reflected both in unemployment and in underemployment and results in seriously depressed living standards for most of the population. The employment problem is, indeed, one of the most serious problems that the country has to face. This situation, while considerably aggravated by the war and post-war dislocations, antedates both. 1 Greece has always had a population surplus and has always been an exporter of labour. The point is important, for the existence of a manpower surplus has strongly influenced Greek thinking and Greek legislation on employment matters and accounts in large measure for the eleemosynary approach which has been adopted to these questions. The Employment Situation In the absence of a recent census or of adequate employment statistics, the magnitude of the current employment problem can only be estimated. Neither the number of persons drawing unemployment benefits nor the number registered for work with the public employment offices can be taken as an absolute —or even approximate—measure of unemployment. The unemployment insurance system, described in Chapter V, covers only a part of the wage and salary earning population and the geographical coverage of the employment offices is limited. Moreover, while the employment service has a legal monopoly of placements, many of those not covered by unemployment insurance do not, in fact, register with an employment office until after they have located their own jobs. Others, of known 1 However, Ministry of Labour figures indicate that in the sixteen major industrial areas of the country, employment in 1946 was 386,262 as compared with 525,552 in 1940, a decline of 26 per cent. 50 LABOUR PROBLEMS IN GREECE leftist views, apparently do not register at all and the Mission was informed of a sort of unofficial employment market which has grown up among them and which avoids use of the State placement machinery. 1 From 30 June 1946—when the present employment office system became operative—to 31 July 1947, a total of 115,479 persons registered for work with the public employment offices. During the same period, 49,092 placements were made (a ratio to registrations of 42 per cent.). These figures, on the placement side, indicate a sluggish labour market, since a single individual may have been placed a number of times in jobs of short duration. But the number of registrants represents no more than a fraction of those actually unemployed. No official data exist on the current size of the labour force or the number of persons actively seeking work. The best available information is from the sample survey, already mentioned in Chapter II, conducted by the Allied Mission for Observing the Greek Elections in the summer of 1946 and later analysed by a group of competent American statisticians. 2 The Greek population was then estimated to be 7,257,000, of whom 5,235,000 were fourteen years of age or over and therefore legally eligible, under Greek law, for inclusion in the labour force. Of these, 2,653,000, or 51 per cent., were estimated to be actually in the labour force, that is, either gainfully employed or actively seeking work. Of this number, 197,000, or 7 per cent., were actively looking for jobs and were thus unemployed in the strictest sense of the term. Table VII gives somewhat fuller particulars. In view of the method used (a sample, experience, the individual characteristics being based directly on the replies of the persons interviewed, without any check), this percentage may be taken as providing some indication of the extent of unemployment. It should also be remembered that the arrival of refugees from the parts of the country where civil war is in progress has resulted in a substantial increase in the number of persons who 1 The Mission was informed that when the Ministry of Labour undertook a census of employment and unemployment in 12 towns of northern Greece in September 1947, the unemployed were told by Communist representatives that they would be sent to concentration camps or forced labour if they registered. Large numbers accordingly boycotted the census, and its results could not be used as a measure of unemployment. 2 See above, p. 26. 51 EMPLOYMENT have lost their usual occupation and are seeking employment in other regions. TABLE VIL AGED LABOUR 1 4 YEARS FORCE STATUS AND OVER, OF GREEK POPULATION, 1 5 J U L Y - 7 AUGUST 1 9 4 6 (1,000's) In the labour force Age group and sex Total Not at At work work, but or with seeking a job work Not in the labour force In school Housewives Others 899 183 716 14 years and over . Male Female . . . . 5,235 2,537 2,698 2,466 2,032 434 197 147 50 282 175 107 1,391 14-19 years . . . Male Female . . . . 1,000 479 521 360 262 98 40 20 20 241 143 98 34 20-39 years . . . Male Female . . . . 2,205 1,056 1,149 1,150 926 224 101 78 23 41 32 9 639 40-59 years . . . Male Female . . . . 1,347 683 664 705 618 87 45 40 5 531 60 years and over. Male Female . . . . 683 319 364 251 226 25 11 9 2 187 1,391 34 639 531 187 325 54 271 274 20 254 66 25 41 234 84 150 Source : Journal of the American Statistical Association, loc. cit. Unemployment is only one aspect of the problem presented by the limited economic opportunities in Greece. Underemployment is also a major problem, particularly in agriculture, although it is by no means confined to that industry. Redundant workers are, in fact, the rule throughout the whole Greek economy. In agriculture, at least one third of those engaged are underemployed. The F.A.O. Mission for Greece estimated that, even with a considerable expansion of arable land as a result of water development projects, agriculture would require about 40 per cent, of the working force, as compared with the 60 per cent. it absorbs at present. 1 The people stay on the land today, 1 Cf. Report of the F.A.O. Mission for Greece, op. cit., pp. 21 and 162. 52 LABOUR PROBLEMS IN GREECE not because they are fully occupied in working it, but because there are no alternative opportunities. The results, in terms • of low income levels, have been described in an earlier chapter. 1 It is less easy to estimate the degree of underemployment in non-agricultural activities because of their variety and complexity. Certainly it is large in business, trade and some of the overcrowded professions, such as law. No one can visit Greece without being impressed by the hordes of petty traders, most of whom serve no real economic function. Even in manufacturing there is some underemployment; the Mission was informed by numerous employers that they had more people on their rolls than they needed and, in a few instances, that veterans were kept on the payroll but told not to come to work. Another cause of underemployment is the fact that some of the most important branches of Greek industry deal with the processing of agricultural products and are therefore largely seasonal. This applies, for instance, to the tobacco industry, fruit drying and packing, fruit and tomato canning, and silk winding. As an example, in 1947 tobacco workers in the Salónica area had only 2% months' employment in the year, and even in more normal years they have not had more than 5 months' employment. The problems resulting from the over-all manpower surplus are aggravated by severe shortages of almost all skilled labour. The Greek labour force suffered a serious dilution of its skilled sector during the war and occupation. Many skilled workers were among the victims of starvation and of enemy action. Many lost their skill, either because, in keeping with forced changes in the structure of the economy, they shifted to other lines of activity, or lost their employment, or because they went into the mountains where their skills were unused. As skilled workers disappeared, their places were not filled by young men. For more than six years there was no regular intake of young learners into industry, nor were there any training activities, and a large replacement deficit was thus built up. In many industries today this shortage of skilled workers inhibits further expansion and prevents the re-employment of thousands of unskilled workers. One of the most serious requirements in 1 See Chapter II, p. 27. EMPLOYMENT 53 Greece today—and one which is further considered below—is an expanded programme of vocational training for young persons and adults alike. The major employment problems so briefly described above can be solved neither easily nor quickly. Absorption of those at present unemployed and of the seriously underemployed surplus agricultural population would require a very considerable expansion of non-agricultural employment. While such an expansion is certainly possible under favourable conditions, it can be achieved only with careful planning and over a period of years. In the meantime, it may be necessary to seek a temporary solution of the problem along other lines. Employment Planning The I.L.O. Mission was not called upon to make recommendations concerning the long-run economic development of Greece. It was, however, bound to give some consideration to the social aspects of any such development schemes, inasmuch as it is a responsibility of the I.L.O., under its Constitution, to examine and consider economic and financial policies in the light of the social objectives for which it stands. Both the U.N.R.R.A. and the F.A.O. Missions have, in fact, already outlined broad programmes of industrial and trade development which, if implemented over a period of years, would effect a reasonably permanent solution of the employment problem. In conjunction with the Greek Government, the American Mission for Aid to Greece is engaged in similar planning. This is all to the good. Greater use could, however, be made of employers' and workers' representatives in the development of these long-range plans, and the Government might consider the establishment of tripartite machinery for this purpose. Moreover, the Ministry of Labour (and particularly its Employment Division), which is charged by law with the employment planning function, does not seem to be brought sufficiently into the economic planning activities of the Ministries of Reconstruction, National Economy and Co-ordination. As a result, its own planning activities are undeveloped and are more largely concerned with alleviating the conditions of the unemployed through pension schemes and the like than they are with the positive aspects of employment expansion. The Ministry charged with employment planning, the transfer of workers, 54 LABOUR PROBLEMS IN GREECE the control of the labour market and social security should logically play a major role in the development of economic programmes. Planned Emigration No country willingly deprives itself of its people by sending them abroad, to whatever destination. Nevertheless, in the past comparatively large numbers of Greek workers have sought to improve their condition by emigrating, and in view of Greece's present difficulty in providing full employment for the whole of its population, both rural and urban, under conditions assuring a decent livelihood, emigration is again a solution which may have to be considered. The establishment in 1947 of a Migration Division in the Ministry of Foreign Affairs, together with the setting up of a special committee to lay down guiding principles for an emigration policy, indicate that the problem is already receiving the attention of the Government. Clearly, emigration is not the only answer to the economic and social problems of a country such as Greece, since it would be rash to assert that the population has passed the optimum size and that all the country's available resources have been fully developed. A number of studies recently made have, in fact, shown that a very substantial contribution to the creation of employment opportunities and the raising of standards of living could be made by planned economic development of national resources, both in agriculture and industry, and by the use of improved agricultural methods. As a temporary expedient, however, for providing an immediate alleviation of the urgent problem of unemployment, recourse to emigration might be facilitated by the manpower shortage from which other countries are at present suffering. Moreover, emigration would serve today, as it has done in the past, a dual purpose. It would help both to relieve the unemployment problem at home and to increase remittances from Greeks living abroad, thus making a twofold contribution to strengthening the domestic economy. The prospect of a permanent loss of Greek manpower as a result of migration for settlement to distant countries may be regarded with some misgivings. However, it should be remembered that under present circumstances a choice is in fact open as between migration for settlement to oversea countries which are still underpopulated, and temporary 55 EMPLOYMENT migration in the form of manpower loans to those European countries which are at present seeking labour. The encouragement by organised planning of migration movements of this latter type might, indeed, prevent the spontaneous development of uncontrolled emigration among underprivileged sections of the population seeking a better life, such as characterised the migration movements of the early twentieth century. Furthermore, the two alternatives are not necessarily mutually exclusive, since oversea migration might be desirable for other elements of the population and might serve the national interest in different ways, for instance, by the development of trade relations. In any event, if the Greek Government were to decide to have recourse again to emigration as a means of alleviating the country's present economic difficulties, it must be planned in accordance with a sound programme, and in drawing up such a programme some lessons may be learnt from a survey of the spontaneous emigration movements of the past. The statistics available are not precise enough to give a reliable indication of the total number of Greek emigrants and the number of those who have settled permanently abroad. The figures diner widely according to the statistical method applied. The data which do exist, however, are sufficient to indicate the main streams of emigration from Greece, and their characteristic features. Setting aside emigration to other Mediterranean countries and, in particular, to Egypt—a form of settlement in neighbouring and closely related countries which has continued more or less constantly*—there have been several changes in the nature and direction of the stream of Greek emigration. The first period was that of oversea emigration directed almost entirely to the United States. During the first quarter of the present century the United States acted as a magnet for those Greeks who wished to better their situation. The official Greek statistics show that of 402,538 persons who went overseas between 1900 and 1921, 389,993 went to the United States. 3 A few years later the United States quota law of 1924, under which the present Greek quota of immigration 1 In 1930, there were just over 76,000 Greeks in Egypt. NATIONAL LABOUR O F F I C E : World Statistics Reports, Series O, No. 6 (Geneva, 1936). 2 Statistical Yearbook of Greece, 1939, p . 435. of Aliens, Cf. INTERStudies and 56 LABOUR PROBLEMS IN GREECE visas is 307 per year, switched the stream of migration into entirely different channels and drastically curtailed oversea migration. Greek emigration movements in other directions were scattered and fragmentary. Emigration to the other big underpopulated countries does not appear to have been on a substantial scale, even after the United States had practically closed its doors to Greek immigrants. In Australia, for instance, the general census of 1933 showed about 5,600 Greeks in the population 1 , while between 1931 and 1938, 2,598 persons emigrated to Australia and 1,105 were repatriated, thus representing a net emigration of 1,493 persons.2 Emigration to Canada and Argentina was on a similar scale, while that to South Africa and Brazil appears to have been even smaller.3 The emigrants who went to far distant countries were, however, not entirely lost to the home country. Many returned a few years later. The net emigration figures are substantially lower ; it is estimated that between 1921 and 1928, 55 per cent. of persons who emigrated overseas returned to Greece. From 1930 onwards improved statistical methods, making a clearer distinction between emigrants and tourists, show that out of a total of 100,387 persons who emigrated overseas from Greece, net emigration, i.e., the excess of emigration over repatriation, amounted to 28,723 persons for the whole of the 10-year period preceding the war. The average loss to Greece was therefore 2,872 nationals per year. 4 As regards continental migration within Europe, owing to the lack of accurate statistical records at the frontiers, the available information is unreliable up to 1931. The period between 1931 and 1939, for which fairly precise figures are available, is characterised in all countries by large-scale repatriation due to the economic depression in Europe. In the case of Greece, indeed, there was an unfavourable balance of migration during this period—92,884 repatriations compared with 50,115 departures, resulting in a population increase of 42,769 Greek nationals due to migration, although against this must be set a net emigration figure of 60,373 aliens. 1 2 3 154. 4 World Statistics of Aliens, op. cit., p. 154, Statistical Yearbook of Greece, 1932 to 1939. World Statistics of Aliens, op. cit. See tables on pp. 75, 93,116 and Calculation based on data published in INTERNATIONAL LABOUR : Year Book of Labour Statistics, 1945-1946, table XXVI, p. 240. OFFICE EMPLOYMENT 57 Even during the previous decade it does not appear that a very large number of Greeks sought employment opportunities on the European continent, except perhaps in the neighbouring Balkan countries in the normal course of the constant border migration movements which take place virtually everywhere when not specifically prevented. At the close of the first World War and for about ten years afterwards, France admitted an enormous number of foreign workers to meet its very great need of labour for reconstruction ; but these included very few Greeks.1 At the time of the census of 8 March 1931 there were in France, out of a total of 1,599,224 foreign workers, 10,447 Greeks, and out of a total of 126,497 naturalised workers, 921 Greeks. The census of 8 March 1936 showed only 9,080 Greek workers left in France, in addition to 1,427 naturalised Greek workers, out of a total of 1,245,476 foreign workers and 258,686 naturalised workers. Turning now to the structure of Greek emigration, there are two distinguishing features in oversea emigration : firstly, the emigrants were almost exclusively young men or boys (female emigrants formed only 10 per cent, of the total, and even less at the beginning) ; and, secondly, the emigrants were of peasant origin. The first characteristic explains the large volume of remittances sent back to the home country by emigrants who had left their families behind. The second is in marked contrast with the distribution of the emigrants in the countries in which they settled. Although at times whole villages in Epirus were left empty because their inhabitants had emigrated to the United States, practically none of these emigrants settled on the land. Less than 1 per cent, of Greek immigrants in the United States were classified in agricultural occupations by the United States census of 1930. 1 At an earlier date, however, during the first World War, there was a short period of Greek emigration to France, the French authorities, in conjunction with the French consulates, having made arrangements for the recruitment of Greek workers for French armament works. Under these arrangements, between July 1915 and the end of the war, nearly 20,000 Greek workers were brought to France, mostly Turkish subjects who had taken refuge in the Aegean Islands. It is not possible, on the basis of the statistics available, to make a distinction between Greeks who were Turkish nationals and who automatically acquired Greek nationality after the Treaty of Lausanne, and Turkish subjects proper, so that there is no means of ascertaining the number of these workers who remained in France after the war. 5 58 LABOUR PROBLEMS IN GREECE Most of them were established in the cities as small tradesmen, in the hotel and restaurant business, as confectioners, hairdressers or artisans. With regard to migration within the European continent, in France, the country in which it can most readily be studied, Greek immigrants included a larger female element : in 1936 women formed 17 per cent, of all Greek workers in France, apart from those women who came to settle in France as members of a worker's family. The distribution of the Greek immigrants, as compared with that of the other groups of foreign workers, also presents certain peculiar features, as shown in tables VIII and IX. The first striking feature to be noted is the very small proportion of Greeks engaged in agriculture and mining, both activities in which foreign labour was urgently needed in France throughout the period between the two world wars, whereas in 1936 the demand for labour in manufacturing industry had fallen considerably owing to the economic depression. At that time 22.3 per cent, of the foreign workers were employed in agriculture, including only 4 per cent, of the Greek workers (only 1.7 per cent, in 1931 and 1.8 per cent, in 1926). The most conspicuous feature, however, is the extremely high proportion of Greeks engaged in commercial and other similar activities, in particular as compared with other foreign workers. These remarks would appear to show that the development of emigration along planned lines and the training of emigrants would help to adapt the Greek emigration movement more closely to the economic needs of the immigration countries than was the case with unplanned emigration, and to increase the acceptability of the emigrants, without prejudice to the Greek interests referred to below. At the present time a planned programme for Greek emigration must necessarily be drawn up within the framework of international migration planning. This is essential so that Greece may compete successfully with other countries for the employment opportunities for its surplus manpower offered by immigration countries, and also so that Greek emigrants may enjoy the protection of any international arrangements made to ensure satisfactory working and living conditions for migrant workers. 59 EMPLOYMENT TABLE VIII. ALIENS, INCLUDING GREEKS, WORKING IN FRANCE ON 8 MARCH 1931 AND 8 MARCH 1936 1931 1936 Branch of activity Greeks Fishery Agriculture and forestry Mining and quarries . . Manufacturing industry Transport and handling of goods Commerce, banking, entertainment . . . Liberal professions. . . Personal and domestic Public services Greeks All aliens 4 179 289 5,922 596 249,646 166,577 782,637 2 380 163 4,414 639 278,211 103,380 494,822 563 76,211 434 66,908 2,516 461 156,001 42,360 2,725 344 144,053 40,817 441 72 69,027 56,169 568 50 67,888 48,758 10,447 1,599,224 9,080 1,245,476 . . . . Total , All aliens TABLE IX. NUMBER OF GREEKS PER 10,000 FOREIGN WORKERS IN THE MAIN BRANCHES OF ACTIVITY IN FRANCE ON 6 MARCH 1926, 8 MARCH 1931 AND 8 MARCH 1936 Branch of activity Fishery Agriculture and forestry Mining and quarries Manufacturing industry Transport and handling of goods . Commerce, banking, entertainment Liberal professions Personal and domestic services . . Public services All branches 1926 1931 1936 96 10 44 95 95 143 110 56 37 67 7 17 75 74 161 109 64 13 31 14 16 89 65 189 84 84 10 79 65 73 Source : Tables based on Résultats statistiques du recensement général de la population, census taken on 6 March 1926 (Imprimerie nationale, Paris, 1928-1931), 8 March 1931 (Paris, 1936) and 8 March 1936 (Paris, 1943). See the fifth part of Volume I: " Etrangers et naturalisés ". One of the agencies for the international co-ordination of national plans is the I.L.O. Permanent Migration Committee. A representative of Greece attended the first session of this Committee, held in Montreal in August 1946. If Greek migration movements were to be resumed, Greece would certainly be interested in the successful implementation of the proposals 60 LABOUR PROBLEMS IN GREECE laid before the second session (February 1948) 1 , in particular the proposals concerning revision of the Migration for Employment Convention, 1939—an instrument which, if widely ratified by immigration countries, would afford very valuable protection for migrant workers—and the drawing up of a Model Agreement to be used by Governments in negotiating bilateral agreements concerning manpower exchanges and including provisions to safeguard the interests of foreign workers in the country of immigration, while at the same time protecting the legitimate interests of the country's own workers. Furthermore, Greece is one of the countries which agreed to take part in the meeting convened in Rome in JanuaryFebruary 1948 to examine the manpower situation in connection with the Marshall Plan, and to consider, in particular, manpower requirements, a census of manpower available in other countries to meet these requirements, and methods of adapting available manpower to occupational needs. Greece is also participating in the work of the European Economic Commission of the United Nations, and in this connection again, some of the aspects of migration problems are being studied by a subcommittee. At the present time, therefore, the Greek Government has ample opportunities of defining its attitude towards migration and of stating its desires so that they may be taken into account in framing the general plans which are now under discussion. In addition to participation in international negotiations, however, thorough preparations would also be needed on the national plane. The maximum benefits will accrue from emigration only if it is carefully planned and co-ordinated. Despite the Greek manpower surplus, there are, as already noted, serious shortages in many skilled occupations. An emigration programme must be a part of an over-all manpower programme designed to ameliorate both surplus and shortage conditions. Moreover, in a world where so many barriers are raised to migration, only a carefully conceived programme can hope to succeed. Such a programme should be voluntary in the sense that no person unwilling to migrate should be forced to do so. But it should be consciously designed to encourage the migration of surplus manpower and to discourage the migration of needed 1 The Greek* Government was also represented at the second session of this Committee. EMPLOYMENT 61 skilled workers. It should be developed jointly by the Ministries of Labour and of Foreign Affairs, and the recent establishment of a Migration Division in the latter Ministry, mentioned above, may facilitate such joint action. Consultation with representatives of employers and workers would also be necessary to the development of a sound programme. The details of such a programme cannot be laid down in advance. Attention should, however, be directed to at least five points : (1) the best means of facilitating the entrance of Greek nationals into manpower shortage countries, particularly under bilateral agreements ; (2) the ascertainment of the number of people desirous of emigrating and available for emigration without prejudice to the needs of the Greek economy (in respect of age, sex and skill characteristics, etc.) ; (3) the general principles which should govern emigrant selection, with a view both to the needs of the Greek economy and to those of the countries of immigration ; (4) the desirability of instituting an emigrant training programme to increase acceptability in other countries, and particularly to enable the emigrants to adapt themselves to the new living and working conditions which they will find in those countries ; and (5) the possibility of State assistance for emigrants in the form of travel subsidies or removal allowances. At the present time, when many other countries are experiencing serious manpower shortages, the prospects for the success of such a programme are particularly good. Organisation of Employment Greek law comprehensively regulates the employment contract both at the point of hiring and of separation, the basic provisions being incorporated in Act No. 118 of 13 February 1945.1 This Act, which established the present system of unemployment insurance, also revised and codified a number 1 Government Gazette, Part I, No. 26, 13 February 1945, pp. 75-78 : cf. L.S., 1945, Gr. 1. 62 LABOUR PROBLEMS IN GREECE of earlier provisions respecting employment and the employment contract. 1 Under its terms, " all undertakings and works, including those carried on by the State, a commune or other public body, shall be bound to engage through the employment office for their district all those of their employees who are to be employed under a contract of employment in private law in the districts covered by the provisions of this Act " (section 8, paragraph 4). Heavy penalties are provided for violations, an offending employer risking imprisonment and fine as well as being bound to pay to the Unemployment Fund a sum equal to the total remuneration of the employees who have been wrongfully employed. Act No. 118 2 applied in the first instance only to industrial undertakings in the province of Attica. Provision was made, however, for its extension through orders issued on the recommendation of the Minister of Labour, after consultation with the governing body of the Unemployment Fund. By a Legislative Decree of 8 May 1946 the terms of the Act were accordingly extended to commercial establishments, to artisan and handicraft shops, and to other small undertakings, and its geographical coverage has been enlarged as rapidly as possible. Offices of the Unemployment Fund were operating in October 1947 in twenty-one areas, including a number of the islands, while employment offices were operating in thirteen localities outside the Athens-Piraeus metropolitan area. In the metropolitan district there were five functioning employment offices (Athens, Piraeus, Nea Ionia, Rouf and Kallithea), as shown in table X. These work in co-operation with the Athens offices of the Unemployment Fund and, in general, an attempt has been made to correlate the expansion of the two services. However, employment offices have been established in Eleusis 1 Notably Act No. 2112 of 11 March 1920 respecting obligatory notice of the termination of the contract of employment of private employees (cf. L.S., 1920, Gr. 3), as amended by Act No. 4558 of 19 April 1930 (L.S., 1930, Gr. 2), by Act No. 6299 of 29 September 1934 (L.S., 1934, Gr. 10) and by Emergency Act of 19 November 1935 (L.S., 1935, Gr. 8) ; and certain provisions of the following Acts for the regulation of the labour market and the establishment of a system of public employment offices : Act No. 4819 of 14 July 1930, Act No. 5288 of 31 August 1931, Act No. 5598 of 27 August 1932 (L.S., 1932, Gr. 8), Decree of 8 October 1932 (L.S., 1932, Gr. 7), Emergency Act of 10 June 1935 (L.S., 1935, Gr. 4), and Emergency Act No. 547 of 15 March 1937 (L.S., 1937, Gr. 2). 2 For further references to this Act, see the section relating to unemployment insurance in Chapter V, pp. 173 et seq. 63 EMPLOYMENT (near Athens) and in Kerkyra (Corfu) without corresponding Unemployment Fund offices, and, on the other hand, local offices of the Unemployment Fund exist in Verria, Edessa, Kavalla and Serres in the north, in Naoussa, and in the islands of Samos, Chios and Syra, with no employment offices. In Crete, there are two Unemployment Fund offices and only one employment office. TABLE X . EMPLOYMENT AND UNEMPLOYMENT FUND OFFICES AND PERSONNEL Locality Nea Ionia. . . . Rouf Kallithea . . . . Salónica Chalkis . . . . Kalamata.... Canea (Crete) . . Kerkyra (Corfu) . Volo Trikkala . . . . Mytilene . . . . Employment office No. of personnel Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes 12 6 3 3 4 1 4 1 4 4 2 1 3 2 1 1 1 2 . Heraklion, Crete . Total. . . . 18 55 Unemployment Fund office ( No. oí personnel Yes 165 Yes Yes Yes Yes Yes Yes 19 8 16 13 5 5 Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes 11 7 7 5 3 7 4 5 4 8 7 3 7 8 21 317 Source: Ministry of Labour. The orderly extension and application of Act No. 118 have been complicated—particularly in the north—by civil and political disturbances, but it is undesirable that an office of the Unemployment Fund should ever be established in advance of an operating employment office. Section 10 of Act No. 118 64 LABOUR PROBLEMS IN GREECE provides, for example, that " the Fund shall be bound to provide employment through the employment offices for unemployed persons supported by the Fund, and if it is unable to do so to pay them unemployment benefit ". Presumably the object is first of all to assist the worker to secure employment (through a public employment office) and only if that fails, to pay him an unemployment benefit. Similarly, under section 16 of the Act, the Fund is bound " t o send every day to the competent employment office . . . a return of persons declared as unemployed ", while the employment offices are bound to send daily to the Fund a list of unemployed persons who have been offered employment. This provision can hardly be normally applied unless the employment office functions in close proximity to an Unemployment Fund office. Again, it is difficult for a proper work test to be administered under such circumstances, and the manner in which the offices have been opened reinforces an impression gained otherwise, namely, that the primary emphasis both in the legislation and in its application is upon the payment of benefits rather than upon the expansion of employment. This is always a danger when the employment office function is so clearly subordinated to the Unemployment Fund as it is in Act No. 118. The employment offices are partly financed by the Fund and sometimes staffed by it. At present they function more largely as clerical adjuncts to the payment of unemployment compensation than as constructive employment services. There seems to be no systematic attempt on the part of the employment offices to open up job opportunities or to participate actively in local employment planning. Moreover, the placement function itself is similarly handicapped. Section 9 of Act No. 118 provides, among other things, that " fifty per cent, of the unemployed persons placed in employment by the employment offices must be unemployed persons in receipt of benefit from the Unemployment Fund ". However desirable it may be to take all reasonable steps to relieve the financial drain on the Fund, a requirement as absolute as this leaves little room for the development of selective placement procedures by the employment offices and once more emphasises the position of the employment office as an administrative branch of the Unemployment Fund. It might be more in accordance with the generally accepted principles of EMPLOYMENT 65 social policy to give priority to unemployed workers who have no right to unemployment benefit. The emphasis is continued in the regulations governing placement. Selection within the group of unemployment benefit recipients is made in the light of the duration of their unemployment and their social and financial situation, particularly in respect of family responsibilities. Occupational skill or suitability is considered only on the basis of the occupational history. Clearly, under present conditions, it is difficult to apply improved methods of selection or placement —in job analysis, on the one hand, or in occupational tests or interviewing aids on the other—or to develop vocational guidance and employment counselling as a general practice. However, Act No. 118 has been in operation for a relatively short time and a longer experience with it is desirable. Moreover, the magnitude of the unemployment problem at present makes emphasis upon it almost inevitable. In the circumstances, the Mission does not propose any sweeping changes in the present legislation, but suggests that the following improvements might be considered : (1) Operating employment offices should be established as soon as practicable in all areas in which there are now local offices of the Unemployment Fund. (2) In all future geographical extensions of Act No. 118, employment offices should be opened simultaneously or in advance of Unemployment Fund offices. It may be desirable, in some cases, to have employment offices where there are no branches of the Unemployment Fund. The reverse cannot be the case. (3) An attempt should be made to reduce the present overemphasis on the payment of benefits and to strengthen the positive functions of the employment offices. A number of steps might be taken in this direction under existing legislation. The employment service function is unquestionably understaffed in relation to the unemployment compensation function. Stronger financial support should be given to the employment offices and the existing staff should be increased. This, with improved staff training and guidance in employment service operations, would permit more emphasis to be placed upon the development of job opportunities, upon employment counselling of unemployed workers, and upon better selection and placement. It would not appear, at present, that the employ- 66 LABOUR PROBLEMS IN GREECE ment offices are giving adequate service either to workers or to employers. The inadequacy of the existing employment offices is particularly serious in view of their legal monopoly of placement in the areas to which Act No. 118 has been applied. In all of these areas, covering about 90 per cent, of the industrial and commercial employment in Greece, employers are prohibited from hiring directly and are required to secure workers solely through the public employment offices. The only legal exceptions to this rule arise " if the employment office is unable, within a time limit of five days, to find the number of employees or the skilled employees required " . i In such event, the employer may hire directly, notifying the employment office of the names and trades of the employees so engaged. Employers are, moreover, normally bound to accept the particular workers referred to them by the employment office. The public employment office is, by decree, made " responsible for judging the suitability of the persons provided ". The employer may, however, appeal to the labour inspector in charge against any action of the employment office, and adjustments are, in fact, made when a worker is regarded by an employer as unsuitable. In actual practice, the control is somewhat less absolute than it is in law. Nevertheless, it is considerable and the question naturally arises as to the adequacy of the employment service for the exercise of so important a monopoly. On this point, as already indicated above, it does not seem that the employment offices as at present constituted are competent to control the employment market in an effective manner. It might have been much better, indeed, to have started more modestly with the employment service on a voluntary basis, without completely eliminating direct hiring. Many critical comments were in fact received by the Mission from employers on the type of service actually rendered. But, as already suggested, longer experience is required before it can be decided whether the present compulsory system can be adjusted so as to eliminate the difficulties to which reference 1 Act No. 118, section 9, paragraph 5. However, there is confusion on this point. Under the Decree of 28 February 1934 (concerning the application of section 13, paragraph 2, of the Decree of 8/10 October 1932, for the codification in a single text of Act No. 5288), which remains in force, employers may hire directly within 48 hours and, in emergencies, within 24 hours, if the employment office is unable to fill their orders. In this instance, enquiry among employers revealed that some waited five days while others waited only 48 hours. EMPLOYMENT 67 has been made. Serious efforts are required, however, to raise the professional level of the staff and to expand and improve the service along the lines indicated above. The Government might also wish to consider the possibility of sending some of its employment office officials abroad to acquaint them with the operation of more completely developed employment services. Additional employment controls exist in the matter of the termination of employment contracts, and the legal provisions governing this aspect of employment go well beyond those in force in most other countries. 1 Under their terms, which differ for salaried employees and for workers, periods of notice are specified for dismissal and dismissal wages are fixed. Termination of Contract A salaried employee (unless engaged on a contract of fixed duration) who has been employed for two months or more can be dismissed only after a specified period of notice and upon payment of a specified dismissal wage. The prescribed period of notice varies from 30 days for employees who have completed less than one year's service to a maximum of two years for those who have completed 27 or more years of service. The required period of notice, according to the length of the employee's service, is as follows : under one year, 30 days ; one to two years, 60 days ; two years, 3 months ; four years, 4 months ; six years, 5 months ; eight years, 6 months ; ten years, 7 months. For each year of service in excess of ten, the period of notice is increased by 30 days up to the maximum of two years. The required dismissal wage is one quarter of the employee's salary, for a period equal to that of the required notice. Under Emergency Act No. 424/1941, enforced during the occupation and until the adoption of Act No. 118/1945, employers were prohibited from discharging any worker or employee without the permission of the Ministry of Labour. The object of this measure was to thwart the German recruitment of unemployed for work in German war factories. Most employees in Greece have therefore served at least six or seven 1 These were originally embodied, for salaried employees, in Act No. 2112 of 11 March 1920, the provisions of which were extended to workers, domestic servants and craftsmen by a Royal Decree of 16/18 July 1920. These provisions were variously amended on 19 April 1930, 29 September 1934, 19 November 1935, and 15 March 1937, and were then incorporated by reference (a confusing procedure, carried to the extreme in Greek legislation) in Act No. 118 of 13 February 1945. 68 LABOUR PROBLEMS IN GREECE years, since dismissals were legally prohibited during the period from 1941 to 1945, when Act No. 118 came into force. As a result, the employer's obligations are so heavy that there are, in fact, few dismissals of salaried employees. Moreover, the employer's financial obligations on the termination of a work contract are not discharged with his payment of the dismissal wage. He is further required to contribute to the Unemployment Fund an amount equal to one month's salary of the dismissed employee.1 Finally, in the event of the employer failing to give the required notice, the employee may recover in court his salary for the entire period during which notice was required. The protection afforded workers, craftsmen and servants on dismissal is much less than that accorded salaried employees. Where they are employed by industrial, manufacturing and mining undertakings, the required notice is 5 days if they have been employed at least two months but less than a year ; 8 days if they have been employed from one to two years ; 15 days for more than two years but less than five ; 30 days for more than five years but less than ten ; and 60 days if they have been employed for ten years or more. 2 The more favourable treatment of salaried employees in this and other respects results in constant pressure by nearly all occupational groups to be classed as employees. This pressure is augmented by the fact that there is no clear definition of " employee " and the question is almost constantly before the courts in one form or another. The courts have not had adequate legislative guidance for the determination of the highly technical questions involved and have left far behind the original definition written into Act No. 1234 of 31 March 1918 (an Act respecting the position of salaried employees in case of war). The whole subject is thus highly confused. In ruling upon the specific issues which come before them, the courts have apparently tended to give considerable weight 1 If the dismissed employee was originally recruited from among those drawing benefit from the Unemployment Fund, the employer's liabilities are further increased. He is then required to pay to the Fund a sum equal to one day's wages for every six days worked by the employee up to a maximum equal to two months', salary. 2 Employees and workers—as well as employers—are required by law to give notice. In the case of the employee who resigns, the prescribed notice is one half of that required of the employer ; in that of a worker, craftsman or domestic servant, it is identical with that required of the employer. EMPLOYMENT 69 to the intellectual—as opposed to the manual—content of the work involved and to classify as employees those persons whose occupations involve the performance of a considerable proportion of " mental " work. However, truck drivers and their helpers and the practitioners of certain standard trades have, at various times and places, been classified as employees, and it is difficult to discover a clear line of principle in the numerous decisions. Neither workers nor employers know exactly how the law is to be interpreted in any given case. The various restrictions upon the termination of the work contract are not without their disadvantages. While it is important to protect the employee against arbitrary dismissal and against the financial hazards of unemployment, it would appear that the legislation on this point now goes too far. When taken together with the control of hiring, restrictions on dismissals as far-reaching as those currently applicable to salaried employees introduce rigidities into the employment market and foster inefficiencies in the use of the labour force which the Greek economy can ill afford to sustain. Moreover, it seems that the desirable social objectives sought through this legislation can best be secured today by the improvement and strengthening of the unemployment insurance system. It was one thing to require the payment of substantial dismissal wages to certain groups of the population before there was a comprehensive system of unemployment compensation ; and Greek legislation on this point was very progressive. It is quite another thing, however, to continue that requirement for a special group after the adoption of a general programme of unemployment compensation. Dismissal wage systems should be designed in the latter circumstance primarily to assist the worker or employee over the waiting period before unemployment compensation can be claimed. This matter is one which arouses special concern because of the strictly limited resources of the Greek economy and the consequent narrow limits within which charges for social purposes can be supported. In the light of this situation, the legislation should be particularly careful to follow the general principle of attempting to achieve maximum protection for the largest possible numbers at a reasonable economic cost. Until basic social security has been attained for the entire population, it is difficult to justify unusually high levels of security for special and limited groups. At present, salaried 70 LABOUR PROBLEMS IN GREECE employees have a degree, of dual protection against unemployment which does not seem justified either by the state of the economy or by the degree of security afforded to other sections of the population. The Mission therefore wishes to draw attention to the desirability of reviewing the present system, with special reference to the following points : (1) The requirement of payment by the employer to the Unemployment Fund, in respect of each person discharged, of the sums specified in section 9, paragraphs 6 and 7, of Act No. 118 of 1945. The original purpose of this measure was presumably to provide the Unemployment Fund with the funds necessary to meet its immediate liabilities for the payment of daily unemployment benefit, since during the initial period after the Act came into force the Fund had not been able to accumulate sufficient funds from the collection of ordinary contributions. This is no longer the case today, and the Mission therefore believes that it would be desirable to review the question, without, however, losing sight of the consequences of the fact that the elimination of this requirement would to some extent facilitate the dismissal of workers and employees. (2) Subject to the readjustment of daily rates of unemployment benefit on the basis of actual earnings 1, consideration might be given to a revision, first, of the statutory periods of notice for the termination of the employment contract and, secondly, of the dismissal wage due to the discharged workers and employees on termination of the contract. The Mission suggests that measures should be considered under which the employer would make up the daily unemployment benefit over a certain period to the full amount of the wage or salary received at the time of dismissal. The Contract of Employment for Special Categories of Persons In addition to the general legislation already discussed, there is a body of special legislation applicable to the hiring, promotion and dismissal of several categories of war veterans. 2 1 See below, p. 198. See, in particular, Act No. 28 of 31 October 1935 (protection of veterans of the reserve corps) and its amendments ; Act of 24 January 1936 (Government Gazette A-50/1936) ; Act No. 244/1936 ; Act. No. 771/ 1937 completing and codifying the above (Government Gazette A-349/ 1937) ; and Legislative Decree No. 1040/1942 (Government Gazette A-53/1942 and 245/1942). 2 EMPLOYMENT 71 Veterans of the Balkan War and the first World War who are reservists and not members of the regular army or the State police and who (a) have had two years of actual combat service, or (b) have had six months of combat service and have disabilities contracted in the course of service, or (c) are war disabled, regardless of length of service, are protected by one group of laws. Under their terms, such veterans are compulsorily placed in all public and private undertakings in the following proportions : one veteran in each establishment having from 15 to 30 employees ; two in each establishment having from 30 to 60 employees ; thereafter, 3 per cent, of the total number of employees up to 300 and 1 per cent, of the number over 300. The employer has no voice in the selection of such personnel and is required to accept his quota regardless of whether, in fact, he has any unfilled positions. As a result, in some instances veterans have been added to the payroll, but instructed not to report for work. Nor can the employer terminate the contract in these instances. Veterans of these categories can be dismissed only by action of specially constituted boards which sit in the various regions of the country. 1 Disabled veterans of the second World War are similarly protected. Thus, public and private establishments are required to accept one such disabled person if they have under 15 employees, two if they have from 15 to 35, three from 35 to 70 employees, and thereafter a number equal to 3 per cent, of their working force. At the same time, preference in promotion is decreed for such disabled veterans. Employment preference for veterans has been almost universal in all countries since the first World War, and the extent of preference has, in many cases, been increased since the last war. In few other instances, however, do the preferences granted approach those established in Greek legislation. In the light of the current situation in Greece, it does not seem that any change in this legislation can be made at present. When both political and economic conditions have improved, however, consideration might well be given to the question whether this is in fact the best way to take care of handicapped 1 See Act No. 244/1936. The boards are composed of the president of the court of first instance in the locality, as chairman, an official of the Ministry of Labour, an employers' representative and a workers' representative. 72 LABOUR PROBLEMS IN GREECE veterans, and to the possibility of introducing some form of rehabilitation scheme. Such schemes have been successfully developed in a number of countries for all classes of the disabled, and have proved to be of the greatest value both for the persons concerned and for the country as a whole.1 Additional Controls on the Employment Market Before complete control over the employment market was vested in the employment offices by giving them the monopoly of placement operations, a system of quotas, or even the complete barring of admission to certain " saturated " occupations, had been widely applied in Greece. This system has survived the introduction of the new methods of control and operates side by side with it on the employment market. The quota measures were introduced either by law, as in 1928 in the case of workers engaged in the preparatory handling of tobacco 2 , or by collective agreement, as in the case of butchers. 3 The principles on which such controls might be introduced by administrative decision were clearly defined in Act No. 759 of 1937, which authorised the Minister of Labour, after consultation with the local prefect, the Chief of Police and a representative of the profession or trade involved, to declare certain professions or trades " saturated " either in a particular locality or in the whole country, and to prohibit further entrants into them for a specified time. Restrictions of this kind have been introduced in a great variety of trades and occupations, both manual and nonmanual. The groups to which they were applied included, apart from the tobacco workers mentioned above, dockers in the port of Piraeus in 1931 4 ; bakery workers 8 ; actors 6 ; hotel employees'; tax employees 8 ; printers 9 ; and newspaper and 1 See INTERNATIONAL LABOUR O F F I C E , Studies and Reports, Series E (The Disabled), No. 7 : The Training and Employment of Disabled Persons (Montreal, 1945). 2 Act No. 3460 of 1928. 3 Collective Agreement of 1 March 1944 ; cf. Government Gazette» P a r t B , 125/1944. 4 Act No. 5167 of 1931. 6 Act No. 5598 of 1932, Legislative Decree of 8 February 1933 and Act No. 2018 of 1939. 6 Act No. 5736 of 1933. 7 Act No. 394 of 1936. 8 Act No. 759 of 1937. 8 Act No. 1931 of 1939. EMPLOYMENT 73 magazine vendors. 1 Controls were also applied in a number of other occupations by collective agreement. The most usual method of operating these employment controls is through the issue to workers admitted to the trade of employment cards or permits entitling them to take employment in undertakings in the occupation or industry in question. As a rule the responsibility for issuing such cards or permits is assigned to a special agency. In the case of tobacco workers, for instance, the card is issued by the Tobacco Workers' Insurance Fund, and, while tobacco warehousers and processors may, under certain conditions, hire persons not possessing such cards, they are bound to give preference in employment to card holders. In the case of newsvendors the card is issued in the first instance by the appropriate union and is validated by the Ministry of Labour. Certain categories of hotel employees also require employment permits which, in this instance, are issued by the local labour inspectors upon presentation of police and health certificates.8 The same applies to hairdressers and bakery workers. This latter form of control, however, although administratively similar to the quota measures, is based on an entirely different principle and is designed to protect the health of the public rather than to control the distribution of labour on the employment market. All residents of Greece are registered with the local police and the presentation of a police identity card is a prerequisite to placement and employment. This facilitates the identification of " undesirables " both by the employment offices and by employers, and provides a potential basis for the restriction of employment on political grounds. Since the employment service possesses a legal monopoly of placement, a decision not to place certain classes of persons may have far-reaching consequences. Vocational Training As already indicated, the shortage of skilled manpower in Greece is a serious potential threat to all programmes of economic expansion or of increased industrialisation. The Greeks have 1 Act No. 1093 of 1938. Cf. Act of 19 November 1939 (Government Gazette, A-599/1935) ; Act of 25 January 1936 (Government Gazette, A-53/1936) ; Act No. 394/ 1936 (Government Gazette, A-558/1936) ; Decree of 3 April 1937 (Government Gazette, A-139/1937) ; Decree of 27 June 1937 (Government Gazette, A-258/1937), among others. 2 6 74 LABOUR PROBLEMS IN GREECE traditionally been good and skilful workmen, but the working population is now largely untrained ; its skilled component is small and well above average age. Most of the highly trained workmen upon whom industry depends today are over fifty and many are over sixty years of age. No replacements are being trained for them and the lack of training during the war and occupation years has left a large deficit in skilled workers. There are serious shortages throughout the economy in all highly skilled occupations. How large the present deficits are cannot be stated precisely, for the Government has made no survey of the situation, but nearly every employer with whom members of the Mission talked in Greece complained of his inability to secure trained personnel. The situation is serious enough today, but it will worsen with each passing year unless vigorous action is taken. One form of such action which appears to be necessary is to organise pre-vocational training. To this end general educational programmes in the upper forms of primary schools and in secondary schools should be revised with a view to the incorporation of elements of instruction and practical work designed to give children a respect for and taste for manual work, and thus to help to guide those with the necessary aptitudes into skilled occupations. 1 As regards vocational training and education programmes proper, these developed relatively late in Greece. A few industrial establishments had adopted training programmes earlier, but the movement really began with the enactment of the Vocational Education Act, No. 5197 of 23 July 1931.2 This law provided, for the first time, for some State support of vocational training and laid a basis for a nation-wide network of vocational schools. Two types of schools were recognised by the law : trade schools and trade continuation schools. The former were regarded as full-time schools for the training of persons not yet employed ; the latter as part-time schools of a modified apprenticeship type. Communes, chambers of commerce or industry, and recognised associations in general were authorised to establish and operate trade schools, subject to the approval of 1 See P a r t I I I of t h e Vocational Training Recommendation, 1939, adopted by t h e 25th Session of t h e International Labour Conference, Geneva, 1939 (INTERNATIONAL LABOUR Vol. X X I V , No. 3, August 1939, p . 43). 2 Cf. L.S., 1931, Gr. 5. OFFICE : Official Bulletin, EMPLOYMENT 75 the Minister of National Economy. While the principal support of such schools was to come from private sources, the Ministry of National Economy was authorised to make grants to approved schools. Trade schools were not widely organised in Greece before the war. There were, however, two important ones in the Athens-Piraeus area, which were privately endowed—the Sevastopoulios Rural School of Athens and the Sivitanidios Public School of Arts and Trades. Both were free schools and the latter, founded in 1936, was particularly important as a training centre for Greek industry. The largest school of its kind in the Balkans and the third largest in all Europe, it had before the war 800 full-time students and over 4,000 more in its night school. It was excellently equipped and provided training in the metal trades, carpentry, electricity, bookbinding and printing, and all of the standard skilled occupations. With the outbreak of the war it was transformed into an ordnance repair shop and used as such, first by the Greeks and then by the Germans. What equipment was not thus worn out was removed by the Germans at their withdrawal, and the school plant is at present occupied by a Greek military unit. One of the most urgent tasks in the whole field of training is to re-equip and reopen this school. Its rehabilitation could make a more immediate contribution to the rapid rebuilding of the depleted reserves of trained manpower than any other single thing that can be done. Many of the former staff of this school are said to be still available in the Athens-Piraeus area and a competent staff of instructors could quickly be assembled. The management of the school is also ready to reopen it at any time. Two things stand in the way : the necessity of replacing tools and machines which are worn out or have been removed ; and the military occupation of the building. In view of the contribution which could be made to economic recovery by the reopening of this institution, it is hoped that the necessary equipment can be secured without delay and that the school buildings can be soon evacuated by the military and returned to their original use. The trade continuation schools provided for in Act No. 5197 were more generally established. The law required that they be set up by order of the Minister of National Economy, after consultation with a specially constituted National Council of Vocational Education, " provided that the economic conditions 76 LABOUR PROBLEMS IN GREECE admit thereof, in the chief town of every province and in towns with a population of not less than 10,000, for the purpose of providing continued practical and theoretical instruction for employees in commerce, industry, handicrafts and any other occupation". 1 Between fifty and sixty of such trade continuation schools were established before the war, of which some twenty-five are now in operation. They are, for the most part, night schools and are mainly privately supported. The combined total of all State grants for vocational education purposes was only 50 million drachmae in the fiscal year 1946-47, or $10,000 at the official rate of exchange. The remainder of the costs is met by tuition charges ranging from $30 to $50 a year and by the communes, employees' or employers' organisations concerned. Members of the Mission inspected one of the larger of these trade continuation schools, run by the Chamber of Commerce in Salónica. Classes were heavily attended 2 , and a broad curriculum was being offered in standard secondary subjects like algebra, foreign languages and Greek, as well as in technical subjects like electricity and bookkeeping. As is usual with these schools, the instruction was almost entirely theoretical, owing to the absence of laboratory or mechanical equipment. This is a serious disadvantage, which should be overcome in time. While theoretical understanding is essential, most skilled 1 P a r t IV, section 11. The National Council of Vocational E d u c a tion was, under the law, constituted by a decision of the Minister of National Economy. I t must be consulted on all matters relating to trade continuation schools. It is composed at present of the SecretaryGeneral of the Ministry of National Economy, as chairman, a representative of the Federation of Greek Employers, t h e Secretary-General of t h e Greek Confederation of Labour, a representative of t h e Technical Chamber of Commerce, the Director of the National B a n k of Greece, two industrialists, two engineers who were formerly directors of technical schools, two university professors, a representative of t h e Ministry of Education, and a representative of t h e Ministry of Transport. The Ministry of Labour, which was not in existence when this law was passed, but which is necessarily intimately concerned with the whole manpower problem, is not represented on the Council. 2 All students in these schools are employed in local establishments. Attendance is compulsory for all employees under the age of eighteen, unless t h e y are in possession of a certificate of instruction a t least equivalent to t h a t provided by the trade continuation school. The obligation of compulsory attendance does not continue beyond three years, with a maximum of 270 hours of instruction per year ( P a r t IV, section 15). For suggestions concerning day classes in working hours, see below, p. 138. EMPLOYMENT 77 trades can be properly learned only by combining theory and practice. This is achieved to a certain extent under this system, because of the fact that all students are employed and many of them are therefore working as apprentices at the trades they are studying. Such a combination is not universal, however, and training results would undoubtedly be improved if a more practical emphasis could be given to the curriculum. There is no organised on-the-job training programme in Greece, as there is in many other countries, whether for apprentices, for young learners or for adult workers, and this is a gap which should not be left unfilled in the present situation. The textile industry and a few of the larger industrial establishments have training programmes of a sort, but these are not systematically developed, are usually aimed at the needs of a particular establishment, and are not governed by any general standards. As a result, the standardisation of trades and the consequent interchangeability of skill from one industry to another (so essential to a flexible labour force) is in large measure lacking in Greece. There are some obvious difficulties in the way of introducing any general programme of on-the-job training. In the first place, most of the units of Greek industry are too small to support an adequate training programme. But this is not universally the case and there are scores of individual establishments in the Athens-Piraeus area in which a start could be made. Moreover, the disadvantages of small size can, in large measure, be overcome by co-operative efforts and organisation. A second, more immediate, difficulty may be presented by the unavailability of skilled instructors. This, however, could be overcome in the course of time by the training of a small, selected group of foremen and master craftsmen for the purpose. None of these obstacles appears to be insuperable, within the bounds of Greek reconstruction plans, and expanded training programmes are so essential to the country's economic development that no stone should be left unturned to promote them. The Mission therefore makes the following observations and recommendations on vocational training : (1) Responsibility for all aspects of vocational training should be vested in the Minister of Labour, and Act No. 5197 should be amended to accomplish this. While the disposition of manpower questions necessarily affects the national economy, and while full responsibility for all such questions might there- 78 LABOUR PROBLEMS IN GREECE fore be vested in the Ministry of National Economy, that has not, in fact, been done. The Ministry of Labour has been constituted as a specialised agency to deal with manpower problems, and no portion of such problems should be outside its competence. Vocational training is an integral aspect of manpower supply and is intimately related to vocational guidance and employment counselling and the general direction of the labour force, which are the special province of the employment service. The direction of vocational training programmes cannot successfully be divorced from other labour supply questions, and the inadequacy of existing training efforts is undoubtedly related to this fact. (2) The Government should make every effort to reopen and re-equip existing trade schools as rapidly as possible and to open new schools or training centres where needed. The continual use of such school facilities for military purposes is a luxury which the economy cannot long afford to support. (3) A comprehensive law for the regulation of apprenticeship should be passed. (4) A tripartite apprenticeship training council should be set up under the direction of the Ministry of Labour for the following purposes : (a) to determine which skilled trades are critically short of labour at the present time ; (b) to advise the Ministry on the establishment of a general code of standards for trade apprenticeship which will afford the apprentices protection against exploitation and will facilitate their transfer from one establishment to another ; (c) to advise the Ministry upon the establishment of specific apprenticeship standards, including the content, methods and duration of training for each trade in which this system of training seems necessary. This might well be approached by specialised subcommittees for each trade ; and (d) ' to assist the Ministry in eliciting the co-operation of employers and workers for the development of experimental programmes in these fields. A start could be made with a limited number of co-operating establishments and trades, the programme broadening out as experience is gained. EMPLOYMENT 79 (5) Local tripartite apprenticeship committees should be set up to supervise the progress of the apprentices and conduct tests. (6) As rapidly as budgetary considerations will permit, State support for the trade continuation schools should be increased. (7) Consideration should also be given to the formulation and implementation of vocational retraining programmes for adults in order to facilitate the full rehabilitation of the unemployed and underemployed in nationally useful employment. Such programmes should aim at establishing, or encouraging industry to establish, employment training centres providing both practical and theoretical instruction, where, by a short period of training, the unemployed might gain the skill required for those semi-skilled or skilled occupations in which there is a labour shortage. To be fully successful, however, such programmes should include measures to adjust unemployment allowances and replace them by training allowances at a higher rate in order to encourage the unemployed to attend the centres. CHAPTER IV CONDITIONS OF EMPLOYMENT — THE REGULATIONS AND THEIR ENFORCEMENT General Characteristics of Labour Legislation ENVELOPMENT A study of Greek labour legislation leaves the impression that considerable efforts have been made to create progressive legislation in this sphere. It was generally agreed among those who were interviewed that there was little ground for complaint. The origins of Greek labour legislation are of nearly forty years' standing. The first piece of social legislation—an Act concerning the Sunday rest and public holidays—dates from 1909. Later, in 1910, 1911 and 1912, this Act was followed by other Acts, Decrees, Ministerial Orders and Legislative Decrees regulating industrial health and safety, and also hours of work. These followed legislation on special conditions for the employment of women, children and young persons, as well as legislation creating a central labour administration and labour inspection services. By 1912, therefore, the main foundations of social legislation were already laid. Since that date, a large number of Acts, Legislative Decrees, Royal Decrees and Ministerial Decrees have been issued amending and completing the provisions of earlier regulations, always with a view to extending their scope. At the present time, the national legislation lays down rules for the conditions of employment of workers under a multiplicity of aspects. The main subjects dealt with are as follows : For workers in industry and commerce in general : hours of work and daily rest periods ; Sunday or weekly rest ; holidays with pay ; 81 CONDITIONS OF EMPLOYMENT health and safety regulations ; prevention of certain occupational diseases, in particular, lead poisoning. For young persons and adolescents : minimum age of admission to employment and examination of fitness for employment ; special conditions of employment for young workers, particularly as regards prohibition of night work or of employment on particularly strenuous or unhealthy work. For women : maternity protection ; protection against night work and against occupational risks. certain For certain special occupational categories : regulations dealing mainly with miners, seamen, dockers, transport workers, hotel employees, hospital staff, bakery workers, etc. In the international sphere, Greece has ratified sixteen international labour Conventions, as follows : Convention No. No. No. No. No. No. No. No. No. No. No. No. 1. 2. 3. 5. 6. 7. 8. 9. 13. 14. 15. 16. No. 19. No. 27. No. 4 1 . No. 45. Hours of Work (Industry), 1919 Unemployment, 1919 Childbirth, 1919 Minimum Age (Industry), 1919 Night Work (Young Persons), 1919 Minimum Age (Sea), 1920 Unemployment Indemnity (Shipwreck), 1920 Placing of Seamen, 1920 White Lead (Painting), 1921 Weekly Rest (Industry), 1921 Minimum Age (Trimmers and Stokers), 1921 Medical Examination of Young Persons (Sea), 1921 Equality of Treatment (Accident Compensation), 1925 Marking of Weight (Packages Transported by Vessels), 1929 Night Work (Women) (Revised), 1934' .' .' .' Underground Work (Women), 1935 of ra?mcation 19.11.1920 1 19.11.1920 19.11.1920 19.11.1920 19.11.1920 16.12.1925 16.12.1925 16.12.1925 22.12.1926 11. 5.1929 14. 6.1930 28. 6.1930 30. 5.1936 30. 5.1936 30." 5.'l936 30. 5.1936 An analysis of the main subjects covered by Greek legislation is given in detail below. 1 At the same date Greece had also ratified Convention No. 4, Night Work (Women), 1919, which was later denounced wfien the Revised Convention, No. 4 1 , was ratified. 82 LABOUR PROBLEMS IN GREECE SCOPE From the very outset, and despite numerous recognised exceptions, Greek labour legislation covered a very wide field. This observation is of more than purely historical interest ; it serves to explain many existing difficulties which it was the Mission's duty to endeavour to understand. Unlike other countries, where labour legislation was limited at the outset to industry, or even to industrial undertakings of a certain minimum size, calculated on the basis of the staff employed or of the utilisation of mechanical power, in Greece labour legislation has tended from the very first to protect wage earners in commerce, offices, the hotel industry and other urban activities, as well as those in industry. It also applies to undertakings of all sizes, irrespective of the number of wage earners employed or of the mechanical power utilised. It covers not only the large factory but the small workshop, not only the large multiple store but the small shop, unless the undertaking is exclusively a family one. From the point of view of social requirements, this wide extension of the regulation of labour conditions is perfectly justified. Greece is not even yet, and was even less so at the beginning of the twentieth century, a highly industrialised country, and its national economy is not concentrated to any great extent. Even if agriculture is excepted—and agriculture is the principal activity of the population, although, since it is mainly carried on independently, it does not so urgently need the regulation of conditions of employment—non-industrial operations are important in the national economy and would seem to employ a very considerable proportion of the total labour force. According to a table on the distribution of the population of Greece, drawn up by the Ministry of Reconstruction1, the commercial occupations and liberal professions accounted in 1907 (shortly before the first labour law was enacted) for 26 per cent, of the population, as against 19 per cent, engaged in industry. In 1920, the proportion was still 20.7 per cent., as against 18.7 in industry. In 1928, it fell to 16.4 per cent., as against 18.1 in industry. But according to the sample survey on population distribution carried out in 1 Cf. Study No. 32 of the Ministry of Reconstruction (Athens, 1947), p. 60. CONDITIONS OF EMPLOYMENT 83 1946 by the Allied Mission for Observing the Greek Elections \ commerce could, at that time, be reckoned as providing employment for 341,000 persons, as against 293,000 in the various branches of industry (including mines, building and transport). 2 As regards wage earners, in contrast to the total population gainfully occupied in non-industrial work, a certain amount of information is supplied by the statistics of the central Social Insurance Institution (I.K.A.). Of a total of 142,063 wage earners insured with I.K.A. at its Athens branch in 1937 8, 49,629 persons worked in commercial or similar undertakings or in offices (including the theatrical undertakings insured with I.K.A., but excluding churches and hospitals), as against 83,463 employed in industrial undertakings (including mines and transport). Wage earners of the commercial and office group form nearly one third of the total of insured persons. The relative proportions, therefore, of occupational groups vary appreciably according to whether independent workers are included or excluded. Even in the latter case the importance of the non-industrial group remains considerable. On the other hand, both in industry and in commerce, the majority of wage earners is to be found in small-scale undertakings. There are no reliable statistics of the general situation at the moment, but the following interesting figures were supplied to the Mission by two out of the three divisions of the labour inspectorate. A census of industrial undertakings carried out on 15 September 1947 in northern Greece by the second division of the labour inspectorate showed a total of 22,669 undertakings employing 58,021 wage earners, or an average of 2.5 persons per undertaking. Similarly, the third division of the inspectorate (Piraeus and the Islands) was able to compute the number of undertakings in its area in the course of the second half of 1947, 1 Cf. Journal of the American Statistical Association, September 1947, table IX on p. 377. 2 See also statistics concerning the working population and its classification, in Chapters II and III of this Report. 8 Statistics for 1937 have been chosen in preference to those available for December 1940, since it is possible that at the latter date the influence of the war had already made itself felt and that the situation was not completely normal. It should, however, be emphasised that the statistics of I.K.A. can only give approximate indications, since they are concerned only with a portion of the insured population of Athens, and there are special funds for several occupations, both commercial and industrial. 84 LABOUR PROBLEMS IN GREECE on the basis of the returns sent in twice a year to the inspectorate showing the staff employed by each undertaking, its hours of work and other information concerning its operation. The total number of undertakings was 1,630. Of these, only 56 employed more than 50 wage earners, 789 employed between 10 and 50, and 785 less than 10. The highest proportion of large-scale undertakings (more than 50 wage earners) was to be found in the tobacco industry (8 undertakings out of 11), and the next highest in the textile industry (24 undertakings out of 326). At the other end of the scale, the catering industries were represented by only three undertakings employing more than 50 wage earners out of a total of 338 undertakings. There was no undertaking employing more than 50 wage earners in the leather, paper, clothing and wood industries. In these four industries, workshops employing less than 10 persons were more numerous than undertakings employing between 10 and 50, and in the clothing and wood industries workshops employing less than 10 persons were almost four times as many as mediumsized workshops. The picture is incomplete, because the first division of the labour inspectorate was not able to supply similar information for Athens and southern Greece. The most recent illustration of the situation in Athens is given by the social insurance statistics already quoted. In 1937, 142,063 wage earners in Athens insured with I.K.A. were employed in 17,396 undertakings, or an average of a little over 8 wage earners per undertaking. The 83,463 insured persons in industry were employed in 7,846 undertakings, and the 49,629 wage earners in commerce and offices in 8,760 undertakings, or an average of 10 wage earners per undertaking in industry and of a little less than 5 per undertaking in commerce and offices. In addition, fairly precise data exist for the whole country in respect of 1930. These are supplied by the Census of Establishments and Industrial Undertakings carried out in September 1930.1 For the whole of Greece at that time the number of undertakings was reckoned at 175,831, comprising 76,591 industrial undertakings (including the mining industry) and 99,240 commercial establishments with fixed premises (including the banks, but not other professional work or trades carried on 1 Athens, National Printing Office, 1934. CONDITIONS OF EMPLOYMENT 85 in the open air). These establishments employed in all 454,791 persons (280,331 in industry and 174,460 in commerce). The average number of persons employed per undertaking was 3.7 for industry and 1.8 for commerce, or 2.6 for the whole. Of the total number of establishments, the number of those employing more than 25 persons was only 1,243 (0.7 per cent.). Of this number 1,047 establishments were in industry (being 1.4 per cent, of industrial undertakings) and 196 in commerce (being 0.2 per cent, of commercial establishments). Establishments of this kind employed 27 per cent, of the labour covered by the census, 39 per cent, of industrial manpower, and 7.8 per cent, of commercial manpower. In these circumstances, to confine social protection solely to the wage earners of the large industrial undertakings would have meant making a privileged class of a very small minority of wage earners, while the majority were left without legal protection. It would have had the effect, for example, of leaving workers in the dressmaking industry at the mercy of unscrupulous clients anxious to obtain a dress with the smallest possible delay without any regard to the overtime or night work involved. This is proved by the statistics given above. It was precisely this type of labour with which Greek legislation concerned itself from the outset. 1 On the other side of the picture, the attempt to give legal protection to the staff of all small industrial or commercial and similar undertakings has resulted since 1912 in placing a crushing burden on the administrative services entrusted with the enforcement of social legislation. The burden is aggravated by the progressive development of labour legislation, which has proceeded at a more rapid pace than the expansion of the administrative services. This is a factor which should not be forgotten when any attempt is made to determine whether the resources of the inspection services are commensurate with the magnitude of their responsibilities. 1 A revealing feature of one of the first preoccupations of Greek labour legislation may be found in the introduction of a special provision in one of the Acts on t h e weekly rest, forbidding night work for women in tailoring and dressmaking establishments. This is the Act of 1910, which was passed two years earlier than the Act on the work of women and -young persons. Thus, the urgent and special necessity of protecting labour in such workshops, which were generally run on a handicraft basis and as a rule employed a very small staff, was clearly recognised. 86 LABOUR PROBLEMS IN GREECE STRUCTURE One special characteristic of Greek legislation contributes greatly to increasing the difficulties inherent in its application, namely, the complexity of its structure, which is due to several causes. In order to break down the difficulties by degrees, certain provisions of social legislation, e.g., the regulations concerning the weekly rest and hours of work, were applied first in the big towns and then gradually extended to smaller towns and to villages and hamlets, with considerable variations in the details of the regulations applying to each type of centre. In other cases the regulations were limited at the outset to certain occupations, then gradually extended to other activities, again with considerable differences in the regulations as between one occupation and another. To preserve the elasticity of the regulations many exceptions have been authorised. On the other hand, in order to reduce possibilities of evasion to a minimum, further provisions have gradually been added to the original regulations, or a general principle of protection has been developed by successive administrative regulations, not only as regards each of the branches of industry concerned but sometimes within a single branch. With the lapse of time, the fundamental provisions of the Acts themselves have undergone numerous changes, and as it often happens that a single Act includes amendments and additions to many existing Acts, although such Acts deal with very different subjects, the most scrupulous research is necessary in order to get a general picture of the provisions as a whole with regard to any given subject of labour legislation. This is all the more true in that, in several cases—that of the earliest legislation prohibiting the night work of women has already been cited—a provision concerning a particular subject has, for practical reasons, been introduced in a text which concerns another particular subject. A slightly different, but none the less fairly similar, case arose as regards the application of one of the international labour Conventions, that concerning hours of work in industry. A legal provision of maj or importance, the object of which was to extend the regulation of hours of work in industry to all industrial undertakings covered by the Convention, was introduced in a Decree which, CONDITIONS OF EMPLOYMENT 87 subsequent to several others, was intended to apply the regulation to a particular industry, in this case the manufacture of glucose and starch. Attention was thus diverted from this most important provision as a result of the limited nature of the text in which it appeared. Finally, new legislative texts have sometimes been enacted without the repeal of contradictory provisions. In particular, the Greek Government has more than once declared, in reply to the Committee of Experts of the International Labour Organisation which is responsible for considering the annual reports of Governments which have ratified Conventions, that the act of ratification of an international Convention gives the provisions of that Convention the force of law on Greek territory, notwithstanding any differences between the provisions of the international Convention and the provisions of previously adopted national legislation. As a result of adding to and superseding texts in this way, as also of the variety of systems thereby established, the general picture is so involved as to make it difficult for the persons directly concerned to obtain a clear view of the law—the employers in order to conform to it, and the workers in order to claim the benefit of the rights which it confers on them. CONSOLIDATION AND REVISION To give the necessary clarity to labour legislation, various methods might be adopted : (a) The first method would be the consolidation of the texts dealing with each of the principal subjects concerned, or even the consolidation or codification of all labour legislation. There has already been some consolidation of regulations dealing with certain questions. The regulations on the Sunday rest were consolidated in 1914 and in 1930, those on hours of work in 1932 (by Decree of 27 June for industry, and by Decree of 8 April for shops and offices), and those on the labour inspectorate in 1930 and 1934. When consolidation dates back as much as twelve or fifteen years, it leaves out of account the many provisions since issued. In the case of the regulation of hours of work in industry, more than twenty-five Decrees or Legislative Decrees have piled up since consolidation was carried out. On other questions, no consolidation of legislative texts has 88 LABOUR PROBLEMS IN GREECE yet been attempted although the intention to do so has sometimes been expressed. Thus, between 1937 and 1939, the annual reports of the Greek Government on the application of Conventions announced a plan for consolidating various measures concerning the Conventions ratified, and in particular the legislation on the work of children and young persons. It is true that in recent years circumstances over which the Government has had no control have made this consolidation work virtually impossible, but the need for the resumption of this task, which arises periodically for all authorities administering labour legislation, is recognised by all parties. (b) The question arises whether such a consolidation of texts subject by subject will be sufficient, or whether it would be desirable to undertake a more extensive codification. It has already been suggested that all Greek labour legislation should be embodied in a general Labour Code. In 1935 a Royal Decree of 19 November set up two committees for this purpose, a.drafting committee and a revision committee. The plan was to supplement existing legislation while at the same time consolidating it. This plan, which would have involved a considerable amount of work, was never put into effect. The question whether it would be desirable to take it up again is one worth consideration. It might also be well to consider the desirability of preparing, not necessarily a single labour code on the French model, but, as in the case of certain other countries, two separate codifications, one for legal provisions applicable to industrial undertakings—a kind of Factory Act on the model of that adopted in the countries of the British Commonwealth—and the other for provisions applicable to commercial and similar establishments, i.e., a kind of Shops and Offices Act such as exists in several of the same countries. Necessary references from one code to the other could be made if their provisions were similar. In point of fact, the provisions of Greek legislation are sufficiently different as between the two fields to justify a distinction. This might have the advantage of making labour legislation easier to consult by the parties concerned in each of the two categories. In any case, a consolidation of the various texts according to subject, i.e., hours of work, holidays with pay, employment of young persons, etc. (which being more limited in aim, could be more easily carried out), would go far towards clarifying 89 CONDITIONS OF EMPLOYMENT the situation and might constitute a first step towards amore complete codification—if it were decided to undertake one—by preparing each chapter in advance. (c) After such consolidation had been carried out, it would seem desirable, in order to maintain as much order as possible in the legislation thus clarified, to proceed to amendments only through the medium of a special text on each subject, and to abandon the system of heterogeneous amendments in the same Act or Decree. (d) Furthermore, it would remain to be considered whether, in the spirit of the 1935 scheme, it would be desirable to go beyond a mere compilation of the existing provisions. Perhaps advantage might be taken of the work of consolidation or codification of texts to prepare for the revision of such texts, with a view, no doubt, to completing them on certain points, but also as a step towards achieving greater uniformity and simplicity in existing legislation. This necessary examination of existing texts with a view to their revision would probably show that, on many points where the regulations now differ as between one industry and another, or as between one town and district and other towns and districts, it would be possible to standardise the regulations when the conditions in the various industries or districts are more or less similar. It might also be found that, in respect of more than one problem, a certain simplification of texts would be desirable, since regulations gain in effectiveness when they emphasise essential measures. In any case, the enforcement of regulations drawn up in a simple form is easier and, in consequence, more effective. General Characteristics of Labour Inspection STRUCTURE OF SERVICES AND DISTRIBUTION OF FUNCTIONS The structure of the services to which the application of labour regulations is entrusted in Greece is complicated. Responsibility for the supervision of conditions of labour has been divided between several services, and the dependence of these services on the central authorities and also their mutual relations have been modified more than once since the creation of the general labour inspection services in 1912. 7 90 LABOUR PROBLEMS IN GREECE Mines Inspection Services One division of responsibility has, however, remained constant. It is that between the Mines Inspection Office, whose services are part of the Ministry of National Economy, and the inspectorate responsible for other undertakings liable to inspection, which is attached to the Ministry of Labour. Such a division is not exceptional. For technical reasons, few countries have been able to avoid it, so much so that the International Labour Conference took note of the situation by introducing in the Convention on labour inspection, adopted at its 30th Session in 1947, a provision authorising States which ratified the Convention to exclude mining undertakings from the application of the Convention. At the same time, the Conference adopted a Recommendation inviting States Members to submit such undertakings to the supervision of an appropriate system of labour inspection. But the division of responsibility in Greece is not complete. The four inspecting engineers of the mines service are not empowered to apply the whole of social legislation in mining undertakings. Their duty is confined to inspecting equipment and to supervising measures for the safety of the workers both on the surface—including foundries attached to the mines for the treatment of ore—and in underground work. The application of legislation concerning contracts of employment, notice of dismissal, hours of work and the weekly rest, holidays with pay, protection of wages and other provisions common to miners and to workers in other undertakings, and also the conciliation of labour disputes, are dealt with by the general labour inspection services. This division of responsibility for the protection of the same category of workers necessarily raises problems concerning co-operation. Unless there is close liaison between the various services concerned, there may be gaps in the system of supervision as a result of the division. It is always difficult to draw a clear line of demarcation between the prevention of accidents and other labour problems, since general labour conditions have a considerable bearing on safety. It might therefore be preferable that the mines inspectors should shoulder the entire responsibility of applying the whole system of labour regulations in mining undertakings. But such an extension of their responsibilities would involve a CONDITIONS OF EMPLOYMENT 91 considerable strengthening of the special services for mining inspection, and it might well be difficult to make such a recommendation at a time when, owing to circumstances, the mining industry of Greece is operating at an extremely low level. If mining work were to return to normal or if, as the result of plans for economic development, the mining industry were to be expanded, it might perhaps be desirable to reconsider the problem of the distribution of responsibility for inspection in the mining industry. Technical and General Services of the Labour Inspectorate A similar tendency towards the specialisation of inspection services in respect of particular duties has appeared in varying degrees from time to time in the organisation of the inspection services of the Ministry of Labour. Although the latest developments in the structure of these services show some return to the pre-war centralised system, the tendency to specialisation can still be traced in many features of the existing structure, chiefly in the distinction made between the general and the technical services of labour inspection. The general inspection service consists of the staff of the labour inspection offices. These number about twenty for the whole country, and are divided into three main divisions, generally known as " directorates ", for southern Greece, for northern Greece and for Piraeus and the Islands. These three directorates are immediately subordinate to the DirectorGeneral of the Ministry of Labour. The staff of the general inspection service at present consists of 57 or 59 persons, according to whether the two officials seconded from the Ministry to organise offices in the course of formation are or are not included in the inspection staff. In practice, however, the general services include also several officials with the title of " technical inspector ". These are, first, the three directors of the divisions mentioned above, then the other inspectors properly so-called, since the title of inspector is granted only to persons possessing an engineer's diploma. The technical labour inspection service, however, is composed essentially of experts, attached to the central services of the Ministry, whose duty it is to consider problems concerning the prevention of accidents and of occupational diseases and to draft the appropriate regulations. These technical experts 92 LABOUR PROBLEMS IN GREECE are also responsible for making visits of inspection in undertakings both within and outside Athens. One of them is a doctor, whose function is to study problems of industrial hygiene and of the supervision of the sanitary condition of work premises. The six others are engineers, namely, an electrician, a mechanical engineer, three chemical engineers and a civil engineer, the latter being assisted by three supervisors of safety measures in building yards. Act No. 560 of 1945 provided that each of the engineering inspectors should be assigned certain industries to supervise. As one of these inspectors has been detached to work at Patras, the central services have no more than four technical inspectors for the supervision of safety measures in all classes of undertakings throughout the country (except public works). It is true that for practical reasons the general labour inspectorate of northern Greece is for the moment assuming responsibility for safety inspection. Nevertheless, it is clear that four inspectors are not enough to supervise safety measures over two thirds of the country, and that in the two other divisions of the labour inspectorate the general inspection service should, in collaboration with t h e technical experts on industrial safety, and on their advice, continue to be responsible for the application of safety regulations, reporting difficult cases to the experts, if necessary. Administrative Co-ordination An organisation of this nature presumes the existence of easy means of co-operation between the technical experts of the inspection service and the inspectors of the general services. It would seem, however, that certain features of the existing organisation are not favourable to the development of close relations between all the services. The existing structure is based on a compromise between the principle of complete centralisation of inspection services in a single body, under the authority of an Inspector-General, as laid down in Act No. 4819 S and the principle of decentralisation which was adopted under Act No. 560 of 1945 on the organisation of the Ministry of Labour. True, the Legislative Decree of 26 April 1946 established the principle that the technical services entrusted with industrial safety and health inspection should be included 1 Cf. consolidated text of the Act in L.S., 1934, Gr. 1. CONDITIONS OF EMPLOYMENT 93 in a so-called " corps of labour inspectors ", but this " corps " is now a body without a head since the same Decree provided for the suppression of the post of Inspector-General of Labour as soon as it became vacant, and in point of fact this vacancy has since occurred. The result is that, in accordance with the provisions of the same Decree, the technical inspectors are subordinate to the Inspector-General's substitute, and he is the director of one of the divisions of the general inspectorate of labour. Consequently, the technical services are at a disadvantage in their relations with the various sections of the inspectorate. The abolition of the post of Inspector-General of Labour has necessarily resulted in the disappearance of a central secretariat which would normally centralise data concerning the activities of the various district inspectorates, the information which the inspectorates have been able to collect on the undertakings subject to the Act and the staff of such undertakings, on the number of infringements detected, the penalties inflicted, the number of accidents and cases of occupational diseases, the observations of inspectors on the results achieved by the legislation, and the problems which the Act has left still unsolved. Collaboration between technical and general inspectors is no doubt possible in practice thanks to the goodwill of individuals, even where the administrative structure offers no easy channel for it. But, on the policy-making level, i.e., in respect of the centralisation of results obtained and the conclusions to be drawn from such results, it is clearly under the authority of the Inspector-General that a synthesis of all individual results obtained by members of the inspection service can best be achieved, and conclusions drawn for the direction of social policy, either as regards labour legislation or as regards practical measures for the protection of the worker. Act No. 560 of 1945, as amended in February 1946, provides in section 13, paragraph 2, that the co-ordination of the operations of the local labour inspection offices shall be carried out through the medium of the central services of the Ministry, according to the appropriate competence of each service (i.e., in respect of particular labour problems). This division of responsibilities cannot, however, lead to any real co-ordination of inspection operations. The re-establishment of a central authority in the Greek labour inspection system would therefore seem to be highly 94 LABOUR PROBLEMS IN GREECE desirable. Such a suggestion is, moreover, in conformity with one of the provisions of the Convention on the subject adopted by the International Labour Conference in June 1947.1 STATUS OF LABOUR INSPECTION STAFF The regulations for the labour inspectorate have, since the creation of the service, provided for two categories of staff, namely, labour inspectors properly so-called and labour supervisors, a term sometimes wrongly translated as " assistant labour inspectors ". There has also been since 1935 2 a class of assistant supervisors. These are in a certain sense supernumerary inspectors. Labour inspectors all belong to a class of technical staff from whom high qualifications are required. Only candidates possessing an engineer's diploma can be appointed or promoted to the position of inspector. The regulations carefully define the diplomas recognised for this grade, which are all of university level. There is, therefore, some guarantee that candidates possess the essential technical basis for the specialised training which they must acquire in order to become competent inspectors. But, with the same object in view, subsidiary qualifications are also indispensable, such as a knowledge of labour law and of social economics. The law does not specifically state that women who possess the necessary qualifications are eligible for the post of inspector ; only the appointment of women labour supervisors is expressly provided for. The place of inspectors in the administrative hierarchy is honourably high. It ranges from the higher secretarial grades through those of " rédacteur ", to head of section " B " or " A " and, occasionally, to Director " B " . 3 It must, however, be noted that the inspectors are the senior members of the inspection staff, called on to carry out responsible duties in the inspection services, particularly the management of offices in the large industrial centres. 1 8 Cf. Article 4 of the Convention in question. Act of 10 June 1935, section 2 ; cf. L.S., 1935, Gr. 4. At that time 10 assistant supervisors' posts were created, in addition to 20 new posts of supervisor, with a view to strengthening the inspection service so that it might be able to undertake the new function assigned to labour inspectors and labour supervisors of managing the public employment offices, to be set up under the same Act. 3 See below, p. 291, table XXV, showing grades and salaries in the civil service. CONDITIONS OF EMPLOYMENT 95 Labour supervisors are not expected to have more than moderate educational qualifications, a secondary school diploma or its equivalent. Previously recruitment took place on the basis of an examination and, before confirmation of the appointment, there was a probationary period of at least a year followed by a second examination. But entrance examinations for the civil service were suppressed in 1946, and the 35 supervisors engaged since the war were taken on without an examination. They followed an instruction course for four months and then were distributed among the various offices. This was natural enough because the services concerned had been seriously disorganised by the war and the need to reconstruct them was urgent. At the end of the war scarcely more than about twenty of the old officials were still in the labour inspection service. The rank of labour supervisors in the various administrative grades is moderate. They range from the grade of attaché, through secretaries of " B " and " A " class and " rédacteurs " and may reach, but not exceed, the grade of head of section " B ". Promotion to this rank may be made from the higher grade of clerk. Women are admitted as labour supervisors within the limits laid down by the law. The 1945 Act specified six posts, but, as a matter of fact, women at present hold seven posts, one of which is the management of the office of the City of Athens. "Whatever their qualifications, they have no hope (as have their male colleagues with the necessary university degrees) of promotion to the rank of inspector. Despite their moderate educational qualifications and their lowly administrative rank, labour supervisors are not given merely subordinate inspection work, as would seem to have been the original intention. According to Act No. 4819 (consolidated text, 1934), " men and women supervisors shall assist the competent inspectors in the performance of their duties, in particular in the enforcement of the provisions concerning the protection of women, young persons and children, and the hours of work, Sunday rest and weekly rest of these persons ". 1 In practice many of these supervisors are entrusted with responsible work ; nowadays, for example, the direction of labour inspection offices is frequently entrusted to supervisors. As a general rule, the offices assigned to such supervisors 1 Section 10, subsection 4. 96 LABOUR PROBLEMS IN GREECE are situated in provincial towns far from the big centres, so that their responsibility is correspondingly increased, since they have few facilities, in the event of difficulties, for seeking the advice of their superiors, of the technical inspectors or of the industrial health officer. It should be noted that the comparative proportions of inspectors and supervisors in the labour inspection service have been changed in recent years, in such a way as to downgrade the work. Act No. 4819 (consolidated text, 1934) provided for a proportion of two inspectors to three supervisors (in actual figures, 12 inspectors and 18 supervisors). Act No. 560 of 1945, as later amended, provided for 10 posts of inspector and 42 posts of supervisor, or 4.2 supervisors to one inspector. In these circumstances, it is inevitable that the management of provincial offices should be entrusted to supervisors, since there are, at present, about twenty labour inspection offices and it is intended to create others. Furthermore, the assistant supervisors swell still further the subordinate elements in the inspection service and their proportion to the total number in the service. There is a danger that this situation may lead to a lowering of the prestige of the inspection service, even if appointments to responsible posts are made with the utmost possible regard to the capacities shown by such junior officers as the supervisors. The delicate task of a labour inspector—and, in practice, that task is fully performed by supervisors who are in charge of an office—means that the holder of such a position ought to be put on an equal footing as to grade and salary with, for instance, the engineers in private undertakings with whom he has to deal. A labour supervisor should never be put in a position of envying the wages of the workers whom he is protecting, and such cases were not exceptional in October 1947. It is undeniable that a reasonably comfortable material situation is the best guarantee of integrity in the exercise of duties which expose those who carry them out to external pressure—a guarantee which is certainly more effective than shifting labour inspectors and supervisors from office to office at least every four years. This latter provision was one which Act No. 560 endeavoured to impose on all officials of the external services of the Ministry of Labour. It was, however, subsequently repealed. CONDITIONS OF EMPLOYMENT 97 It.would, therefore, seem appropriate : (a) to strengthen the labour inspection service as regards fully qualified inspectors, so as to secure a staff of senior officers large enough to fill all responsible posts, in order that supervisors may be given only subsidiary work under the responsibility of the inspector ; (b) to offer prospects of promotion to the best elements among the supervisors, even if the holder of such a post lacks a university degree, but provided that he has shown in the exercise of his duties exceptional qualities of intelligence and devotion, and if his practical experience can be considered equivalent to the possession of a university degree ; (c) to offer women with qualifications equal to those of men the same possibilities of promotion to all posts in the inspection services ; (d) to strengthen the occupational qualifications both of inspectors and supervisors : (i) by making them take an entrance examination for which the subjects should be announced in advance, in order to compel candidates before presenting themselves to acquire at least an elementary acquaintance with social economy and labour law, and also some slight practical knowledge of the compilation of labour statistics ; at least one of the tests should allow of forming some estimate of the moral character of the candidates ; (ii) by subjecting successful candidates to a period of practical and theoretical training for at least one year, the curriculum of which should deal directly with the work they will have to perform. This first year should be followed by a second year of probation in service, carried out in quarterly stages in the various inspection districts, if possible in more than one district of the country ; (iii) by organising brief refresher courses for inspectors and supervisors already confirmed in their posts ; (iv) if possible, by offering the best candidates the opportunity of doing a short period of training in the labour inspection services of other countries ; and (v) by setting apart special days for conferences between inspectors and supervisors of the same area or of the 98 LABOUR PROBLEMS IN GREECE country as a whole, in order to facilitate an exchange of experiences and discussion of work problems. In particular, such meetings might be organised for the study of problems of special current interest, with a view to preparing or amending appropriate regulations, or in order to discuss the best methods of applying a difficult regulation, or to seek the best means of preventing an occupational risk or, in general, of dealing with other specific labour problems. DUTIES AND RESOURCES OF THE LABOUR INSPECTORATE It is not possible to judge whether the resources of an administrative service are adequate without calculating the extent of its responsibilities. This is not easy, since many factors must be taken into account. Hence the description and analysis which follow are only approximate. Duties It may be confidently asserted that labour inspection duties in Greece are onerous. Two reasons have already been given in the first part of this chapter : the very wide scope of labour law and the complexity of its structure. In principle, Greek legislation applies to the small undertakings in which the majority of wage earners are to be found. That principle can only be applied in practice by persevering effort on the part of the inspectors. Since the process of industrial —and also commercial—concentration is not very far advanced, there are innumerable small undertakings which have to be visited by the labour inspectors. Furthermore, the primary sources of information necessary for detailed supervision are often not available for the inspectorate in establishments of this kind. It is relatively easy for large undertakings to keep regular records of the staff, of payrolls, and of holidays with pay. The same does not apply to small undertakings, the accounts of which are often neglected, and which do not possess an office staff qualified to remedy this situation. Furthermore, the limited means at the disposal of these establishments preclude the possibility of imposing peremptory orders. As a result, the inspector too often merely closes his eyes to the deficiencies noted—lack of safety equipment, inadequate hygienic CONDITIONS OF EMPLOYMENT 99 conditions in premises, etc.—whereas he ought to do everything in his power to suggest means of improving the conditions of work of the personnel without such an increase in general expenditure that the undertaking cannot meet it. The inspector can only require a little at a time from these undertakings, but he should be able to come back frequently in order, by small partial improvements, to achieve complete success. This is a long process, a patient work of education, which requires repeated effort and many hours of duty to be devoted to it. The Greek inspectors have not the time needed for such a task. One example will show the extent of that task and the narrow limits within which it can be fulfilled at present. According to the census of 1947 already referred to above, the town of Salónica has 12,000 undertakings, which employ 22,000 workers and 9,000 employees, that is to say, an average of 2.5 persons per undertaking. The staff of the three labour inspection sections of this town manage to visit every month (according to certain monthly reports communicated to the Mission) between 225 and 250 undertakings, that is to say, 2,500 to 3,000 a year. It would therefore take three or four years for even one visit to be made to every undertaking in the town, and many of them would doubtless need to be visited several times a year in order to obtain substantial improvements in their plant and in the working conditions of their personnel. The Greek law is complicated. This is a point on which certain suggestions have already been made above for improving the actual presentation of the texts. In their present state, the inspector must have considerable experience to apply these complicated and diverse regulations wisely and accurately. Furthermore, the numerous exceptions for which the law provides, giving the inspector the right to grant permits, cause him a considerable amount of administrative work. If he is to carry out this work conscientiously and not confine himself to signing the form filled up by the employer, the inspector should find out whether there are sufficient reasons for granting the application for an exception. In recent years, ministerial circulars have several times reminded inspectors that they should limit the granting of overtime permits to indispensable cases ; this requires an investigation of each case. The issue of employment books to children is another matter for which the inspectorate is responsible, and which calls for an equally careful examination of each case, if the measure is to 100 LABOUR PROBLEMS IN GREECE protect the young worker effectively against unsuitable employment. This problem is referred to again below. Another task which gives the inspectorate a great deal of work, by reason of the investigations and collection of evidence which it involves, is the settlement of individual disputes arising out of the application of the contract of employment. In a small inspection office, the staff of which consisted of three persons (an inspector, a supervisor and an assistant supervisor), such complaints by wage earners averaged 50 per month. The three sections of the town of Salónica (staffed by 7 officials) dealt monthly with 100 to 120 individual labour disputes. Many of the complaints concern conditions of labour which are regulated by law, and in such cases it is obviously the duty of the inspector to apply the law. When, however, it is a case of disputes arising out of clauses of the contract which do not involve the application of a legal provision but require an interpretation of the law or of the clauses of a contract, it is obvious that, failing a labour tribunal specially competent to judge such cases to which the matter might be referred, and in order as far as possible to avoid reference to an ordinary court, the inspector will spend a good deal of his time trying to reconcile the parties. He often succeeds (in Salónica from 75 to 80 per cent. of the disputes were settled by the inspectorate), but at the cost of the time intended for inspection visits. Many other enquiries have to be undertaken as a result of collective or individual complaints alleging breaches of the law, or concerning unsatisfactory conditions of employment, these complaints coming from others than the person directly concerned. The inspectors receive a very large number of these. Besides these tasks, which are often out of proportion to the actual means at the disposal of the Greek inspection services, but which are very generally part of the duties of labour inspectors, the Greek legislation overloads the inspecting officials with responsibilities which are, so to speak, outside the proper sphere of this service, namely, the application of labour legislation or the study of labour problems with a view to improving that legislation. These subsidiary functions are of various kinds. One of these additional tasks which regularly gives the greatest amount of work is the management of the employment offices for which the official in charge of each of the inspection CONDITIONS OF EMPLOYMENT 101 offices is responsible. Although an administrative staff, independent of that of the inspectorate, is detailed for the routine work of the employment offices, it is obvious that the direction of this personnel—which has often been engaged only recently, since the organisation of the employment offices is quite new —requires continual attention. Since this work is additional to the numerous administrative duties already involved by inspection itself, it is to be feared that in most of the districts the hours of duty of the most competent official will be wholly taken up by office work and thus not be available for visits of inspection. In inspection districts which have only one single employee— and this applies to about ten at present—it is almost impossible for this official, overwhelmed by this additional task, to devote himself to his essential duties. This, at least, is the situation which was reported to the Mission in some inspection districts, where, during certain months of 1947, it had not been possible to visit a single undertaking. Other additional tasks are of an exceptional character. One of the most serious, by reason of the responsibilities which it implies, is conciliation in collective labour disputes. Legislation on the subject (Legislative Decree of 21 April 1926, section 6 1, and Royal Decree of 18 June 1936, section 10 2) gives the labour inspector or supervisor of the place in which the dispute has arisen the power of undertaking conciliation should none of the representatives of the Ministry of Labour who are specialised in conciliation work be available on the spot. These representatives, who are known as " reporters on labour disputes " 3, have been attached since the beginning to one of the central services of the Ministry. Before the war they were under the Inspector-General of Labour. Act No. 560 of 1945 attached them to a separate directorate of the same Ministry, fixing their number at five and giving them four assistants. Nevertheless, since these specialised reporters are stationed in the capital, it is obvious that when a dispute arises in a district far removed from Athens the local representatives of the labour inspectorate may quite frequently be called on to intervene instead of the special conciliation officers, at least at the beginning of the dispute. 1 2 Cf. L.S., 1926, Gr. 3. Government Gazette, 1 August 1936: this Decree applies the Emergency Act of 16 November 1935 (cf. L.S., 1935, Gr. 9). 8 For the duties of these officers, see Chapter VIII, section on " Industrial Relations " , pp. 305-306. 102 LABOUR PROBLEMS IN GREECE In addition to the above-mentioned functions, which are expressly specified by Greek law as coming within the duties of the labour inspectorate, the Act in question reserves the possibility of giving the inspectorate the task of carrying out any duties coming within the general competence of the Ministry of Labour (Act No. 4819 concerning inspection, section 1, paragraph 2). Such delegation of powers takes place mainly in the case of the inspection sections working in districts distant from the capital. In practice, in northern Greece—and especially at present by reason of the disorganisation from which all means of communication have suffered—the labour inspectorate is a sort of branch establishment of the Athens Ministry, and this involves heavy additional burdens, particularly for its higher officials. Personnel Available In view of these increased duties of the inspection service, an inventory of the staff at its disposal naturally shows a deficit. The numerical strength has already been given above : the figure of 59 employees, spread over about 20 offices, shows a marked decrease as compared with the pre-war position ; according to the annual reports of the Greek Government on the application of the Conventions ratified during the year 1938-39, the labour inspectorate had then a staff of inspectors and supervisors consisting of 70 persons spread over 40 districts. The figure does, however, mark a stage in the ascending curve, after the drastic reduction of the inspection services to about 20 officials as a result of the war and the events which followed it. The mass recruiting which took place in 1945-1946 means that a large part of the present personnel is still inexperienced, and this is a serious handicap for a service which is necessarily dispersed when carrying out its duties, and which requires personal initiative of its employees. It is true that to the force shown above there should be added the assistance given to the inspection services by the police. Under Greek legislation, it is the police who, in any place where there are no representatives of the labour inspectorate, are responsible for certain of the inspectors' duties, particularly for the issue of permits for an exception to the legal provisions on hours of work and Sunday rest. Furthermore, in centres of population which are provided with a labour inspection office, the police must assist that office in the application of the CONDITIONS OF EMPLOYMENT 103 regulations, particularly the regulations on hours of work, the weekly rest, and the employment of women and children. For this purpose, quite a considerable number of police officials were formerly attached to the inspection offices in the most important industrial centres. At present the use of police officials as auxiliary employees of the inspection offices has much decreased ; • nevertheless, certain offices have still one or two regularly in service. It is to be hoped that in future the regular labour inspection service may be able to rely solely on civilian employees, subject to possible recourse to the police services in exceptional cases and for exchange of information in respect of industrial accidents or the starting of new undertakings, as provided for in Act No. 4819. It is necessary that the labour inspector should himself have police powers, but it is preferable that he should carry this weapon inconspicuously and that he should generally appear in the role of technical adviser and educator. Habitual association of the labour inspectorate with the police is liable to make the inspection services appear essentially repressive in character, and this should be avoided. It is better that its employees should derive their authority from their prestige and if necessary from their own powers. There is, therefore, no reason to regret that the use of police officials as auxiliary employees of the inspectorate has decreased. On the other hand, it would be desirable that the inspecting personnel which has powers to visit undertakings should be still further relieved of administrative work by another kind of auxiliary personnel, namely, office staff (typists, clerks and statisticians). At present most of the offices receive no assistance from staff of this category, so that all the office work, such as the keeping of registers and the preparation of statistics, falls on the supervisors, and even sometimes on the inspectors. The number of 59 employees mentioned above does not therefore consist solely of inspecting personnel but. includes a large proportion of administrative personnel. This explains why as yet it has been possible to reconstitute only partially the records destroyed by the war, why the statistics of undertakings subject to labour legislation and of their personnel are incomplete, and why statistics of industrial accidents and occupational diseases are not available. The information which is necessary for the study of labour problems is often incomplete, its systematic collection and compilation 104 LABOUR PROBLEMS IN GREECE are undertaken at present only in certain sections, and the reports of the inspectors to their official superiors are not submitted regularly. Statistical and other information as to the results of inspection is, however, indispensable to give substance to the annual report of the labour inspectorate, a report which has not been published since 1935. The Government had held out hopes that this publication would be resumed when submitting the reports for the year 1944-45 on the application of international labour Conventions ratified by Greece. Material Resources After considering the staff, some account must be given of the material resources at the disposal of the labour inspectorate. Although the proper installation of an inspection office and its equipment with office machines and other modern facilities are important factors for the efficiency of the service, the only point dealt with here is one which is fundamental by reason of the very nature of the duties of inspectors, namely, means of transport. If this problem is always important for inspection services, it is certainly even more so when, as in Greece, the limited number of district offices means that each of them has to serve a fairly extensive area and that the technical inspectors stationed in the capital have to travel in every direction. Hitherto, it has not been possible to put any private means of transport at the disposal of the inspectors for carrying out their duties. It is expected that for the next few years it will still be impossible, for economic reasons, to give them such facilities. The only arrangement which might tend to solve some of the present difficulties would be one taking account of the existing public means of transport which serve the various quarters of each town or connect the centres of population to each other. As for the expenditure involved by travel, the legislation contains provisions for free travel on the tramways of their district for officials of the local offices, and for putting a small number of railway passes at the disposal of the inspection personnel (Act No. 4819, section 10, paragraph 6, of the text of 1934). There can be no difficulty involved in making a periodical readjustment of the number of passes to the development of CONDITIONS OF EMPLOYMENT 105 requirements for long-distance travel. Perhaps arrangements could also be made to give employees of the labour inspectorate facilities for free travel not only on tramways but also on motorbus lines serving the zones which they have to visit. The question of other travel expenses (expenditure on meals or hotels) is more delicate. The same Act provides for allowances in proportion to the salary—three fifths of the daily remuneration and a fixed daily allowance, the amount of which has been readjusted by various later regulations. Act No. 940 of 1937, which supplemented Act No. 4819, also provides for a small lump-sum monthly allowance for petty expenses. Various Orders of 1946 fixing the amount of lump-sum allowances have laid down that these should be limited to the days on which the official was working outside the inspection office. Can these various allowances be regarded as sufficient to cover all travel expenses, taking account of the rise in the cost of living and the proportionate fall in the value of salaries in spite of the readjustments that have been made in them ? The Mission was not able to carry out the detailed study which would be necessary to reply to this question. It nevertheless came away with the impression that the matter should be re-examined by the Government in order that officials might not be tempted to neglect visiting those undertakings under their supervision which are distant from their headquarters by the fear that they themselves might have to pay part of the travel expenses. Necessary Readjustments In comparing the increased duties of the labour inspectorate with the means at its disposal, it would appear that to obtain reasonable efficiency in these services and thus a proper enforcement of labour legislation, certain readjustments are indispensable : (1) It would first be desirable to consider whether some of the burdens of the labour inspectorate could not be lightened, and whether certain difficulties which it has to overcome could not be lessened. (a) Should the suggestions made previously with a view to consolidating and simplifying labour legislation be adopted, it is obvious that the task of the inspectors would thereby 8 106 LABOUR PROBLEMS IN GREECE be made much easier. Nevertheless, even if unnecessary complications are disposed of, the legislation that they have to apply will still be so extensive—and account should further be taken of the many additions which will later be made to it—as to require of the inspectors a continuous effort in order that they may be fully acquainted with all the details of these regulations and recall each of the provisions at the proper time. (b) In order to assist the inspectors in this matter, an inspection handbook would be very useful—that is to say, a special collection of legislative texts set forth in such a way that new texts can be added at the proper place as soon as they are promulgated. Such a collection should be completed by a classified subject-index so that any of the provisions can speedily be referred to. Such handbooks, the use of which is customary in a number of countries, also generally contain detailed instructions to inspectors as to the methods to be applied when carrying out their duties ; on the use of educational methods and measures to secure compliance, with suggestions as to the ' line to be drawn between these two means of action ; on their relations with employers and workers, and their duty to accept no favour or present which might later interfere with their independence and their impartiality; and on the various administrative procedures which they have to employ in any given case. (c) Furthermore, in order to assist the inspectors in their task of educating the persons concerned—employers and workers—it would be desirable to put at their disposal pamphlets summarising the labour regulations clearly and in a manner easily understandable by outsiders ; attention would be drawn to the main measures, with concrete suggestions as to means of applying them in practice. These information pamphlets might be specialised by preparing them for several different categories of recipients: for employers and for wage earners respectively in several main branches of industry and commerce. (2) It would, on the other hand, be necessary to consider whether the inspection service might not be relieved of certain of the additional duties which it at present undertakes. CONDITIONS OF EMPLOYMENT 107 (a) In a general way, it would be desirable to see that the additional tasks which might be entrusted to labour inspectors by reason of their experience should not, by their nature or their extent, be liable to interfere with the effective carrying out of the visits of inspection, which should remain the essential duty of the inspectors. (b) In accordance with Article 4 of the 1947 Recommendation on inspection, it would be desirable to arrange that inspectors did not have to intervene in the settlement of collective labour disputes. (c) So far as the settlement of individual disputes is concerned, it has already been stated above that the setting up of special judicial instances for labour (labour tribunals or probiviral courts) might remove from the duties of inspectors all cases in which it was not a question simply of applying the law but one of interpreting a legal provision or a clause of a contract. (d) As regards the management of employment offices, one might hesitate to suggest that the responsibility for these should be withdrawn from the inspectorate, for it is certainly better in a country where engagement through public services is compulsory that the inspectors should be in close touch with the offices where persons are engaged. Nevertheless, this duty should not be supplementary in the sense of being added to the other duties of the inspectors ; it should be included among the statutory duties of the labour inspectorate in Greece and a corresponding number of officials assigned to that inspectorate to take over these duties without interfering with their other responsibilities. (3) One measure is indispensable, in spite of the expenditure which it must involve : the numerical reinforcement of the upper grades of the labour inspection services, so that in each of the district offices full-grade inspectors should take over the essential duties which involve a high responsibility ; and reinforcement of the subordinate staff—supervisors or office staff—to assist them in all their administrative duties. This numerical reinforcement would furthermore ensure efficiency of the service for two reasons : the inspectors would have the necessary time to carry out their duties, and they would be able to supply the central administration with the 108 LABOUR PROBLEMS IN GREECE information which would make it possible to keep a check on their activities. The irregularity of reports, due to lack of time for preparing them, may often prevent the higher authorities of the inspectorate from seeing whether the time of every official is employed in the most efficient manner, or whether, overwhelmed by too many duties, certain officials do not neglect to carry out the most essential part of their work. (4) It would be desirable to grant travel facilities to inspectors to enable them to visit undertakings and carry out investigations. This can be done by : (a) carefully taking account of the existing means of communication for the mapping out of inspection districts and the allocation of different areas to different inspection offices which serve a large town, and calculating the length of journeys required for visits to undertakings in order to allot a suitable amount of staff to each office ; (b) readjusting, if necessary, after careful examination of the situation, the travel allowances granted to inspecting officers so that these allowances may in fact cover all expenditure involved by their duties. (5) It should also be remembered that the qualitative improvement of the inspection services which would be ensured by vocational selection and systematic professional training of inspectors and supervisors, as already suggested in the previous paragraphs, would go far towards ensuring an equilibrium between the duties and the resources of the labour inspectorate by guaranteeing the fullest use of the resources at its disposal. (6) Lastly, the inspection services might receive assistance from those directly concerned in the enforcement of the labour legislation. (a) Act No. 4819, as amended in 1934, provided for the creation of a Labour Inspection Council attached to the inspectorate, comprising, in addition to the Inspector-General of Labour, representatives of employers and workers, of the Faculty of Law, of the Polytechnic School and of the Supreme Council of Public Health. Perhaps this body might be revived. It would, however, seem even more desirable to obtain tripartite co-operation in the concrete problems of CONDITIONS OF EMPLOYMENT 109 enforcing labour legislation and improving labour conditions. For this purpose, tripartite committees might be formed at the headquarters of the three divisions of the labour inspectorate and possibly also at the district offices. (b) Experience has shown that the joint bodies for collaboration set up inside undertakings give excellent results in respect of the application of safety regulations and the organisation of measures concerning the prevention of accidents and the hygienic conditions of workplaces. The setting up of safety and health committees and the appointment of trade union delegates for questions of safety and hygiene within undertakings might perhaps be studied with a view to deciding which of the two methods would best meet the conditions in the country. Problems connected with Conditions of Employment After having described the legislative background of conditions of employment and the structure of the service responsible for applying the legislation, it is necessary to examine separately the main problems involved, and to endeavour to estimate the extent to which the Greek regulations have been effective in solving them. HOURS OF WORK AND R E S T PERIODS As already indicated above, the statutory limitation of hours of work and the fixing of minimum rest periods were undertaken early in Greece, not only in industry but also in commerce and in offices. So many texts have been promulgated on these subjects that it is impossible to mention all the provisions here in detail. Only the main lines are indicated below. Hours of Work in Industry Hours of work in industry are regulated by more than fifty legislative texts promulgated between 1911 and 1940, the first twenty-five of which were consolidated and amended in 1932 by a Decree of 27 June. 1 This text, and those which completed it later, unified, on the basis of an eight-hour day and a forty1 Cf. L.S., 1932, Gr. 2, A. 110 LABOUR PROBLEMS IN GREECE eight hour week—in accordance with the Washington Convention, which Greece has ratified—the original regulations established industry by industry, with a different régime for every industry. Nevertheless, although a Decree of 10 September 1937 J laid down that all establishments which could be classified in the categories specified in Article 1 of the Convention should be subject to the system of eight hours per day and forty-eight hours per week, later Decrees laid down a less favourable régime for workers in non-mechanical bakeries. This deviation from the Convention, to which attention was already drawn before the war by the Committee of Experts on the Application of Conventions, would seem to have not yet been settled. A second point had attracted the attention of the same Committee of Experts : the failure to determine in Greece those operations requiring to be carried on continuously by a succession of shifts, for which, under the Convention, an extension of the working hours up to a maximum of fifty-six in the week might be allowed. If there were to be a consolidation of legislative texts, at the same time as a revision of the regulations which they lay down, as suggested in the first part of this chapter, it would therefore seem particularly necessary that this opportunity should be used to put the legislation on hours of work in industry in complete harmony with the Convention. The effective application of the eight-hour day regulations also raises certain problems. The first concerns the granting of permits for overtime. In this respect appreciable progress had been made towards a stricter enforcement of the eighthour day by reducing facilities for exceeding it. Thanks to the ministerial circulars issued in recent years ordering labour inspectors to grant such permits only in cases of serious need, it would seem that the number of permits has markedly decreased in comparison with the pre-war situation. The lack of complete statistics unfortunately makes it impossible to estimate exactly this reduction in respect of the whole of Greece. Nevertheless, the annual reports which are submitted by the Greek Government on the application of the 1919 Convention have on several occasions indicated the number of permits granted in the first district of the labour inspectorate, that of Athens. It may be noted that in the first nine months of 1936, 1 Cf. L.S., 1937, Gr. 3, D. CONDITIONS OF EMPLOYMENT 111 1,910 permits were granted in respect of 16,299 workers ; in 1945-46, during twelve months, only 107 permits for 1,381 workers were granted. In order to reduce the granting of such permits to a strict minimum everywhere it would seem desirable to concentrate the power to grant them in the hands of the labour inspector in charge of the nearest office to the undertaking, rather than to grant that power to the local police, from whom an expert estimate of technical requirements cannot be expected. A second problem is that raised by the use of certain methods of evading the law in order to exceed the legal daily hours without a permit. A procedure which might easily escape the notice of the inspectorate is to hand out to men and women workers, at the end of their day in the factory, a certain quantity of work to be done at their home, if the work is purely manual or only requires very simple tools which any worker can easily obtain. It would appear that such an evasion of the law is not exceptional, particularly in the needle trades and shoemaking. Doubtless men and women workers in these trades, where wages are low, willingly accept the opportunities of earning a little extra money. Perhaps even, certain employers do this in ignorance of the law. It is true that in section 16 of the consolidated text of 1932 there is a provision forbidding employers to employ on any day wage-earning or salaried employees who have been employed on the same day in another establishment or workplace for the statutory hours of work. This clause should be interpreted as tacitly forbidding the giving out of work to workers who have done their full day in the workshop of the same employer ; but it would doubtless be better for the prohibition of overtime of this kind to be more explicit and absolute. For even when paid with the statutory wage increase, this overtime work, the exact duration of which cannot be checked, will always leave the door open for serious abuses. A new wording of the section in question would therefore be desirable. It would also be useful to give a clear interpretation of the law as regards overtime, and to this end pamphlets might be prepared, summarising and explaining the regulations, as has been suggested above. The remuneration of overtime raises a third kind of problem. Section 9 of the consolidated text of 1932 mentions, among the conditions required for obtaining a permit to exceed the ordinary working day, the payment of remuneration not less than 25 112 LABOUR PROBLEMS IN GREECE per cent, higher than the ordinary rate of wages in all undertakings subject to the regulations at that time. Nevertheless, several of the Decrees which later extended the eight-hour system to other industries provided for a higher increase : in undertakings such as weaving, spinning, hosiery and similar mills, a 50 per cent, increase under a Decree of 28 April 1937 x ; and in tanneries and gut-works, a 100 per cent, increase under a Decree of 3 September 1937.a It may be questioned whether such differences are justified in the case of a statutory system, since this only lays down minimum obligations, and equal rates established by law may be increased by collective agreement. Since it is desirable, wherever possible, to make the regulations uniform at the level which is the most advantageous to the workers, it is suggested that the question should be considered with a view to deciding what percentage of increase should be adopted as the general standard established by law. Breaks for Rest during the Working Day In addition to the basic provision fixing maximum hours of actual work, Greek legislation also contains clauses providing for compulsory rest breaks in the working day. In industry these breaks must be reported to the labour inspectorate as part of the working time-table which is submitted periodically to the inspectorate for approval, and which is posted up in the undertaking. Section 14 of the consolidated text of 1932 prescribes the exact duration of such breaks, which are calculated so as to respect the habit of the siesta, while avoiding the organisation of overlapping shifts : a maximum of half an hour for a snack ; for the midday rest a maximum of two hours in winter and three hours in summer, and during the whole year a minimum of one hour's rest. Nevertheless, special systems have been laid down for various industries, e.g., tanneries and spinning mills, by the Decree of 18 September 1933; mechanical and metallurgical industries and newspaper printing, by the Decree of 7-18 June 1935 ; cloth mills, spinning mills, knitting mills and similar industries, by the Decree of 28 April 1937. In these last-named 1 2 Cf. L.S., 1937, Gr. 3, A. L.S., 1937, Gr. 3, C. CONDITIONS OF EMPLOYMENT 113 industries the employment of women is authorised in two shifts on condition that a minimum rest of half an hour is granted between the fourth and fifth hours ; the legislation does, however, allow the suppression of all breaks at the request of four fifths of the total number of workers, if the competent inspector " is satisfied that such an arrangement of work is necessary ". During its visits to undertakings the Mission noted how frequently a continuous time-table is at present organised without any breaks for rest, when the undertakings work in shifts. In fact, this arrangement, which the legislation allows as an exception, was becoming almost the general rule in the Athens and Piraeus district. It was particularly to be found in all the establishments visited which work in three shifts, except in one of them, where a break of half an hour for rest was granted, so that the actual working hours were reduced to 7i/ 2 . It may be questioned whether the continuous eight-hour day without any break, with a snack eaten hurriedly and often while standing and still tending a machine, is not liable in the long run to be harmful to the health of workers subject to it not as an exception but regularly. In most countries it is held that a minimum rest of half an hour is necessary to the human body if eight hours are to be spent at work. The use of three shifts a day, which is very advantageous for production, should imply as an inevitable corollary a slight reduction of actual working time below eight hours. Before the habit of working eight hours at a stretch becomes still more general in Greece, it might therefore seem desirable to carry out social and medical enquiries into the effects of this system : social, to ascertain whether four fifths of the personnel really consent to the continuation of the shift of eight hours without a break after having experienced it ; medical, to verify the degree of fatigue which is shown from the fifth to the eighth hour, when there has been no break, and the effects of fatigue on the frequency of accidents and on the general state of health of the workers after a prolonged period of this system. 1 1 The experience gained in other countries suggests that these studies will also show a considerable reduction in output during the last hours of the continuous working day. 114 LABOUR PROBLEMS IN GREECE Hours of Work in Shops and Offices In the commercial sphere the regulation of hours of work dates back to 1919. The Decree of 8 April 1932 consolidated the existing provisions governing the matter. 1 This text was amended later by the Legislative Decree of 25 May 1935 2, the Legislative Decree of 10 June 1935 2, and Act No. 547 of 15 March 1937. 3 These fundamental texts have been supplemented by a large number of Decrees concerning particular occupations, such as butchers' shops, pharmacies and hotelkeeping. A detailed analysis of this legislation would be long and useless. Attention should, however, be drawn to certain of its characteristics. One of the most striking is that in this sphere the legislature did not act directly. There are no general standards concerning hours of work in commerce and offices ; there are special standards for the personnel of commercial establishments in large towns (nine hours a day) and for the staffs of given categories of establishments, such as banks and offices (seven hours a day), grocers' shops and other provision shops and hairdressing saloons (ten hours ; eleven hours on Saturday), and so forth. Further, these standards can be modified, and, if they fix a duration of more than ten hours, can be reduced by ministerial decree to a lower figure, as low as eight hours in large towns. Generally, however, limitation of the working day in commercial establishments is obtained rather by indirect means, such as the fixing of the hours of opening and closing of shops, fixing of a minimum rest in the middle of the day, and fixing of the nightly rest, the combination of which measures limits the working hours. In these three respects the same fundamental text has established at the same time minimum standards —thus determining, so to speak, boundaries within which the local authorities may fix the exact hours of opening and closing for establishments of each category—and special standards, more advantageous for the staff, applying to establishments in the large towns, or to establishments belonging to certain 1 Cf. L.S., 1932, Gr. 3. L.S., 1935, Gr. 2, A and B. 3 L.S., 1937, Gr. 2, A. 2 CONDITIONS OF EMPLOYMENT 115 occupational categories. On the other hand, exceptions that are less advantageous for the staff are provided for other occupational categories, or permanent facilities may even be granted to establishments situated either in special localities, such as seaports, or even in certain quarters, such as streets near the sea. Furthermore, small localities may in principle be exempt from the regulations, but may be brought under them by decree. Lastly, many exceptions are authorised in localities where the regulations normally apply, either regularly—e.g., on Saturdays, at Christmas, New Year or Easter—or in special circumstances. Admittedly, the regulation of commercial occupations, which are so varied and so closely connected with the requirements of daily life, must necessarily differ in order to enable these establishments to fulfil their economic and social ends. The milkman must begin his work earlier than the restaurant waiter, but he can also finish it earlier in the evening. It may therefore be suggested that, without depriving the regulations of the necessary elasticity, particularly in respect of fixing an earlier or later opening or closing time for each type of commercial establishment, it might be possible to reduce the standards to a smaller number of simpler and more clearly specified systems, which would, above all, grant more equal protection to all workers as regards the limitation of their hours of work, and the conditions under which overtime is allowed. The Weekly Rest The weekly rest, fixed by Greek law for Sunday save for exceptions in the case of certain occupations, has for many years been the subject of regulations. After a period of application limited to the large towns, the compulsory Sunday rest, as defined by the consolidated legislation of 1930 1, supplemented in 1936 2 and in 1945, now applies in principle to industrial, handicraft and commercial work throughout Greece. As regards industry, no difficulty arises in the application of Convention No. 14 of 1921 concerning the application of the weekly rest in industrial undertakings. 1 2 Cf. L. S.,1930, Gr. 2. L.S., 1936, Gr. 9, C. 116 LABOUR PROBLEMS IN GREECE The provisions concerning weekly rest in commercial establishments are based in the main on the 1921 Recommendation, the text of which leaves the national legislation a very considerable freedom of adjustment. Nevertheless, from the point of view of the interests of the workers, mention should be made of the excessive variety of régimes which have been set up both by the 1930 text and by later texts—variety in respect of certain trades or occupations in which the workers have a shorter rest but are compensated by a certain number of days of annual holiday, variety also in respect of the season, the town, and even the quarter of certain towns. While exceptions in respect of Sunday rest are inevitable, it would doubtless be possible to bring about a greater uniformity in the right of workers to a weekly rest of at least twenty-four consecutive hours. In this field also, it is therefore suggested that the present situation should be studied in order to obtain for all workers more or less uniform rights under labour law. Holidays with Pay The right to annual holidays with pay, established first for the salaried employees of commercial establishments, banks and offices in towns with more than 10,000 inhabitants, through the hours of work legislation1, and later for special categories of personnel such as hotel staff 2, was granted by Act No. 539 of 1945 to " persons employed for remuneration in industrial, handicraft, commercial, transport or loading and unloading undertakings or activities carried on for profit, irrespective of the nature of their organisation (public or private), or in public utility undertakings, hospital or other establishments or institutions, or in any other work performed on account of an individual or body corporate, a public or State organisation, an industrial association, a co-operative society, a public amusement undertaking or a club ". 3 The same Act further provides that the right to holidays with pay may later be granted by decree to the following categories : persons employed in shipping, fishing, agricultural, 1 Act No. 3508 of 1928, section 18 ; consolidated text of 1932, section 19 (cf. L.S., 1932, Gr. 3). 2 Act No. 394 of 1936, section 10, paragraph 2 (L.S., 1936, Gr. 8). 3 L.S., 1945, Gr. 2. 117 CONDITIONS OF EMPLOYMENT stockbreeding and forestry undertakings, and to domestic servants. Under Act No. 539, the legal duration of the annual holiday differs according to the category to which the wage earner belongs, and a distinction is made between four categories, as shown below : Category Number of working days after 12 consecutive months Supplement for every 6 months employment' over 1 year Maximum legal holiday (in working days) Persons employed as "salaried employees" in undertakings of a public nature, or public utility undertakings, or j oint 12 1 26 Persons employed as " wage earners ' ' (skilled or unskilled) or as apprentices or servants in the abovementioned undertakings . . 8 1 16 Persons employed as "salaried employees" in other undertakings covered by the Act 8 1 18 Persons employed as "wage e a r n e r s " in other undertakings covered b y the Act. 6 1 12 Furthermore, whatever the category to which they belong, wage earners under 18 years of age and those employed on certain specified strenuous tasks have a right to annual holidays with pay of at least twelve consecutive days. Even in the case of the least favoured category—that of workers in private undertakings—the right to annual holidays with pay corresponds, as regards its duration, to the obligations of the Holidays with Pay Convention, 1936. The conditions laid down by the Convention for granting holidays are also respected, as are the suggestions contained in the Recommendation on holidays with pay adopted by the Conference at the same time as the Convention. Therefore, all that is required is complete agreement between the list of occupations coming under the Greek regulations and the lists 118 LABOUR PROBLEMS IN GREECE contained in the 1936 Convention to enable Greece to ratify the Convention and to approve the supplementary Recommendation. Certain problems still arise in this respect. The definition of the scope of Act No. 539 of 1945, reproduced above, leaves a doubt as to whether several of the categories of undertakings coming under the 1936 Convention on holidays with pay are really covered by the national law. The doubt arises from the fact that, after having defined the scope in very general terms —industrial, commercial and handicraft undertakings or activities carried on for profit—section 1 of the Act enumerates certain categories of undertakings, some of an industrial character as defined in international labour Conventions, such as transport and work on loading and unloading, others of a commercial character, such as establishments or institutions for the care of the sick, public amusement undertakings and clubs. Thus, it cannot be assumed that building undertakings, which form a separate group of industrial establishments under the international Convention, really come under the law, or that certain undertakings generally regarded as commercial, such as newspaper undertakings, hotels, restaurants, boardinghouses and cafés, which are specially mentioned by the Convention as coming under its provisions, are actually covered by the Greek Act No. 539 in the same way as clubs. This doubt is all the more serious in the case of hotel staff since under Emergency Act No. 394 of 1936, mentioned above, these workers were entitled to annual holidays with pay before the general Act on holidays with pay was passed, but not under conditions complying with the requirements of the Convention. Apart from other differences, a written declaration by the hotel employee certifying that he does not desire to take his holidays frees the hotelkeeper from all responsibilities under section 10 of Act No. 394, a clause which is in definite contradiction to Article 4 of the Convention. Act No. 539 of 1945 concerning annual holidays with pay for wage earners has cancelled the provision of Act No. 3502 of 1928 on the annual holiday of bank and office employees, which its provisions now replace, but it is not stated in the said general Act of 1945 whether its provisions also replace the earlier regulations concerning holidays for employees (both wage earning and salaried) in the hotel industry. The position of hospital staff is also doubtful. According CONDITIONS OF EMPLOYMENT 119 to section 1 of Act No. 539 of 1945 this staff is entitled to annual holidays with pay. The Emergency Act No. 199 of 1936, already referred to, granted them annual holidays with pay of 20 days after three years' employment, and paragraph 3 of section 1, under which this right is granted, was not repealed by Act No. 539 of 1945. It may therefore be questioned whether the holidays previously provided for hospital staff meet the " more favourable arrangements for the granting of annual holidays . . . which may be in force under rules of employment or other provisions ", which are not affected by section 2, paragraph 7, of Act No. 539. In that case the holidays would remain in their old form in place of the holidays provided for all wage earners in 1945. But in certain respects these holidays are less advantageous, particularly in respect of the length of the qualifying period and the maximum length of holiday allowed. Therefore, should holidays now be granted to hospital staff under the conditions laid down by the 1945 Act ? Or should the rights to the two holidays be added together ? This seems doubtful, although really this last method is the only one which would safeguard the interests of the workers in question ; for since they are entitled under Act No. 199 of 1936 to only 24 hours of weekly rest every fortnight, or to twelve hours a week, the annual holiday, within the meaning of the 1936 Act, was obviously intended as a sort of partial compensation for the inadequate weekly rest. The Mission therefore suggests that the situation of wage earners who ought to have annual holidays with pay under the 1936 Convention should be carefully considered in order to extend, if necessary, the scope of Act No. 539 of 1945, or to amend the provisions of the Acts with which its effects are combined, so that the Convention may be ratified as soon as possible. As to the occupational groups to which it is proposed to extend later the right to holidays with pay, it is satisfactory to see domestic service among them, for wage earners of this class, who are called upon to live in a family not their own, have a moral as well as a physical need of holiday periods to be spent with their family. But there is another group of wage earners to which Greek legislation has not yet been applied, and to which the Mission suggests that it should be extended as soon as possible—industrial home workers. This problem will be dealt with later. 120 LABOUR PROBLEMS IN GREECE INDUSTRIAL HEALTH AND SAFETY Since 1911, the date at which the first Greek Act on industrial hygiene and safety of workers was promulgated, highly developed regulations, which are also in many respects quite modern, have been evolved. They lay down standards of hygiene and safety, applicable now not only to industry strictly speaking, but also to all wage-earning occupations except agriculture. There are special texts concerning safety on railways and in mines. Legislation in respect of safety in industrial undertakings (including building and loading and unloading work), commercial undertakings and offices was codified on 14 March 1934 J and the 155 sections of this Decree set forth systematically all measures essential for the protection of the health and life of workers. Furthermore, prevention of occupational risks in various industrial occupations has been provided for by specific regulations : prevention of accidents in open-air work (quarries, excavations, etc.) a , prevention of lead poisoning, particularly in the use of white lead and other lead pigments 3, health and safety in garages 4 , conditions for the use of basements as workshops, etc.6 Since the publication of Act No. 1204 of 1938, forbidding the use of pigments containing lead, the application of the Convention (No. 13) concerning the use of white lead in painting, ratified by Greece on 22 December 1926, is ensured. Taken as a whole, the above-mentioned texts provide regulations which are already very satisfactory and to which there would be very little to add. In this field, however, there are still problems of a practical character. It is true that in the large industrial establishments the regulations laid down by Greek legislation would seem to be reasonably applied, but the Mission has derived from its visits to factories and workplaces an impression that the labour inspectorate is still faced with a tremendous task in trying to secure the enforcement of the regulations in the small work1 2 3 Cf. L.S., 1934, Gr. 11, Extract. L.S., 1934, Gr. 4. L.S., 1934, Gr. 1 and 1938, Gr. 4. ¿.S., 1934, Gr. 8. 6 L.S., 1934, Gr. 9. 4 CONDITIONS OF EMPLOYMENT 121 shops, which still employ the majority of industrial workers in Greece. Although climatic conditions in Greece, which are favourable to outdoor work and to having the doors and windows of workshops continuously open, eliminate a large part of the risks involved by certain unhealthy work and facilitate hygienic conditions in most workplaces, there are aspects of the work and its environment on which the climate has no effect, and which require official action if conditions harmful to the health of the workers are to be removed. The Mission is therefore of opinion that it is desirable in the next few years to make a special effort to improve conditions in the small workshops. A progressive programme of action might well be drawn up for this purpose, which would begin with the most essential safety and hygiene measures. The measures chosen might form the subject of educational campaigns carried out in all the districts of the labour inspectorate in turn—possibly with the collaboration of such municipal services as the public health services. At the end of a fixed period, the inspectors in charge of each office should report on the results obtained in the undertakings within their district. Campaigns of this kind might, for instance, deal successively with the levelling of the floors of workshops so as to avoid risk of falls, hygiene of lavatories and cloakrooms, guarding of belts and movable parts of machines, lighting and ventilation of basement workshops \ provision of first-aid kit in case of accidents, and the supply and wearing of protective clothing in occupations requiring this. Along with this action in respect of the small workshops, it would also seem desirable in undertakings of all sizes to make effective the legal provisions concerning the notification of accidents and occupational diseases. As to industrial accidents, the Decree of 14 March 1934 requires employers to notify any accident occurring in factories, workshops, shipyards, warehouses, and other places of work subject to the regulations laid down by this text. Such notification must be made by the employer within 24 hours, both to the competent labour inspector and to the local police, and if the 1 By reason of the climatic conditions mentioned above, the Mission proposes limiting the campaign on lighting and ventilation to basement workshops, where the bad ventilation conditions and lack of lighting are all the more disgraceful since they contrast with the favourable conditions existing out-of-doors. 9 122 LABOUR PROBLEMS IN GREECE incapacitiy for work lasts more than 15 days, the employer must also report the circumstances of the accident to the magistrate. In spite of the obligations so defined, the Mission has not been able to obtain any general statistics concerning industrial accidents. The monthly report forms of certain inspection offices included such a heading, but it did not appear in the forms of other districts. In the case of accidents occurring in undertakings covered by insurance, it is obvious that the data concerning these accidents accumulate automatically in the various insurance offices which have paid compensation in respect of them, but these data are not set out in detail by the offices nor are they centralised. In order to prevent industrial accidents, it is, however, indispensable to know their causes, the rate of frequency and the seriousness of the risk in each different branch of activity. It is, therefore, necessary to collect detailed information not only as to the number of accidents, but also as to their circumstances \ methodically classifying these data, as recommended by the First International Conference of Labour Statisticians (October 1923) in its resolution concerning the international standardisation of statistics of industrial accidents, with the amendments introduced by the Sixth Conference (August 1947).2 It would therefore seem necessary to establish, as soon as possible, an administrative system for the recording of industrial accidents. In view of the double system according to which compensation for industrial accidents is at present given, it might be desirable to entrust the task of collecting data concerning such accidents in a systematic form, on the one hand, to social insurance funds in the case of accidents occurring in insured undertakings, and, on the other, to the labour inspectorate in the case of undertakings not yet subject to compulsory insurance. For this purpose the various insurance funds should be required to open special accounts for payments made as compen1 As Mr. P . Pavlakis makes quite clear in a recently published work on t h e causes and prevention of industrial accidents (Athens, 1947). 2 Cf. INTERNATIONAL LABOUR O F F I C E , Studies and Reports, Series N (Statistics), No. 19 : The International Standardisation of Labour Statistics (Geneva, 1934), p p . 27-28 ; and New Series, No. 7 (Part 4) : The Sixth International Conference of Labour Statisticians, Montreal, 4 to 12 August 1947 (Geneva, 1948), p p . 63-64 and 70. CONDITIONS OF EMPLOYMENT 123 sation for accidents, and to use forms common to all the funds to classify the accidents registered in accordance with the table of classification suggested by the above-mentioned resolution. Forms showing separately the same essential data in respect of the circumstances of the accidents would be used by the various inspection districts to register accidents occurring in the noninsured undertakings in each district. Registration would, as is already provided under the Act, be carried out on the basis of two declarations by the employer, one made at the time of the accident, the second after the period needed for knowing the final effects of the accident and the compensation for which it called. With regard to the centralisation of the basic data obtained by this double method, their collation and their publication, it would seem normal to entrust this task to the statistical service of the Ministry of Labour, to which these data should be communicated annually. In order to obtain a general picture of the accident risks in the various branches of activity, it would even seem appropriate that the insurance funds dependent on another Ministry, such as the seamen's insurance funds, should also communicate to the Ministry of Labour the data that they have collected with regard to industrial accidents. The situation is more or less the same in the case of the prevention of occupational diseases. Although Legislative Decree No. 1204 of 1938 concerning the use of lead pigments has, among other things, made it compulsory for the employer and for the doctor treating the case to notify to the labour inspectorate every case of lead poisoning at the time it is diagnosed (section 14), and for the employer to send at the end of each year to the central labour services (at present the Ministry) a list of all workers suffering from lead poisoning during the year (section 18), yet at the present time the only statistics as to occupational diseases are those collected by the Mineworkers' Fund on cases of lead poisoning in lead mines. 1 It is obvious that statistics are also indispensable for dealing with the risks of other forms of industrial poisoning which exist in certain industries when protective measures are inadequate. 1 Information provided by this Fund was communicated to the Office by the Greek Government in its report for the year 1945-46 on the application of Convention No. 13. 124 LABOUR PROBLEMS IN GREECE The Mission therefore suggests that measures should be taken as soon as possible to provide for the collection of statistics of occupational diseases along lines similar to those suggested above in respect of industrial accidents. As to the legislation itself, the prevention of occupational diseases is the only point on which the Mission would like to suggest an addition to the industrial hygiene regulations already existing. To safeguard the health of workers it would seem that a more extensive use should be made of compulsory medical examinations, now that the development of the medical services and of social insurance could provide the staff necessary for carrying out the examinations. At present compulsion is used above all to protect the public, for instance in the case of bakers and hotel employees, but seldom for the protection of the workers themselves and in order to trace the harmful effects which certain dangerous or arduous tasks may have. As far as the Mission is aware the only case in which periodical medical examination is required is when pigments containing lead are used.1 There are indeed cases where employers, for instance in glassworks, have of their own initiative organised medical services to give such protection, but in the absence of a legal obligation, some of them might neglect it in cases where it would be desirable. The Mission therefore suggests that the health service of the Ministry of Labour should be established as soon as possible on a sufficiently wide basis, and with the necessary technical staff, to undertake a study of the occupations in respect of which it may seem indispensable to require a medical examination (occupations where use is made of lead, or benzol arsenic ; glassworks, particularly for glass blowing). These enquiries might serve a double purpose : to prepare legislation concerning compulsory periodical medical examination in certain occupations, and also to improve the practical safeguards, such as the installation of apparatus for the removal of harmful gases, the wearing of protective clothing, etc. As the improvement of safety and hygiene in workplaces requires the collaboration of those directly concerned—the workers—they, as well as the employers, must be fully informed of the necessity of the measures provided for by law, and should 1 Under Act No. 1204 oí 1938, concerning the prohibition of the use of pigments containing lead, section 16 (cf. L.S., 1938, Gr. 4). CONDITIONS OF EMPLOYMENT 125 be called on to collaborate in their application. Furthermore, the organisation of joint safety committees within undertakings, and the appointment by the workers of safety delegates are methods which have been found very effective in a number of countries. The Mission suggests that industrial relations of this kind be developed as widely as possible in Greece even in the small workshops, where a safety delegate can be appointed even if it is not possible to set up a joint committee. HOME WORK When visiting either sewing workshops—particularly for embroidery and underwear—or dwellings in working class districts, the attention of the Mission was drawn to the problem of home work. Certain of the undertakings that were visited employed considerably more persons as home workers than they employed in their workshops, and the women workers found in their homes, bending over their sewing machine or sewing table, certainly did not enjoy satisfactory labour conditions. Eight hours of hard work barely enabled them to earn a wage equivalent to the official rates of October 1947, at a time when the women workers in workshops often received twice and sometimes three or even four times as much. The Mission had not the necessary time to study the problem of home work closely, a problem of which it is difficult to obtain full knowledge in any country. The first impression, however, was that this problem was serious both as regards the number of workers concerned and as regards their conditions of work. The very structure of Greek industry, particularly the poor development of mechanised industry in branches such as those of men's and women's clothing, underwear, hosiery, and even shoemaking, might give reasonable grounds for thinking that in these branches there was every opportunity for the expansion of home work. It is probable that this form of work also exists in other industries, in which production can be carried out by hand or with the assistance of relatively simple tools. There is at present in Greece no statutory protection for industrial home workers and, hitherto, the problem does not even seem to have been much discussed. It is true that the establishment of regulations in this matter is not easy. Regulations governing home work, to be effective, must be drawn up in such a way that they do not leave loopholes for evasion ; 126 LABOUR PROBLEMS IN GREECE but evasion is easy in the case of activities which are dispersed, and for the same reason their supervision is difficult. Therefore, although home workers are easy to exploit by reason of their lack of organisation, and urgently require protection, the Mission thinks it desirable to suggest a programme of action in several stages. The first stage would only be preparatory. Before laying down the definite lines of a system of statutory protection, enquiries must be made which would reveal as fully as possible the extent of the problem and its particular characteristics. It would be necessary first to make an investigation in the branches of industry where home work may be suspected of being customary, in order to know how many home workers are employed there. Failing precise data, which could only be supplied by a general census, estimates might be made by ascertaining the quantity of a certain kind of goods—for instance, men's shirts—sold in the shops of a given district, say, Athens, and the productive capacity of the workshops of the district in respect of this article. If the number of articles markedly exceeds the productive capacity of the workshops, it may be suspected that the manufacture of the article is partly carried out in the workers' homes. The number of workers employed on it might be approximately deduced by comparing with the number of workers employed in the workshops and their output. The next step would be to study, by enquiry from a certain number of male and female home workers, the conditions under which they work and are paid. Enquiries of this kind were carried out between 1900 and 1910 in a large number of countries of western Europe, and were the origin of the first regulations on home work. Much might be learnt from the experience of these countries, from their successes and also from their partial setbacks until a more or less satisfactory system of regulations had been evolved. Once the ground had been explored, the first measure of regulation might consist in making it compulsory for undertakings to report on the number of home workers they employ, either by laying down this obligation for all industries, or limiting it at first to the branches of industry in which the investigations have shown that this form of employment is customary. In addition, the undertaking should be obliged to provide each home worker with a work book in which the articles given out CONDITIONS OF EMPLOYMENT 127 to be worked are noted and also the wages paid on delivery, and also to keep in the undertaking, at the disposal of the labour inspectorate, a special register containing the same information. In order to apply these preliminary regulations, it would be necessary to give the term "home workers" a legal definition sufficiently comprehensive for it to be impossible to evade the regulations under the pretext that these workers are not wage earners but craftsmen, giving by some artifice an appearance of independent work to services required from the persons employed outside the workshops. In France, for instance, after many years during which the scope of the legislation on home work had given rise to a number of legal disputes, the legal definition of home work given by the Act of 1 August 1941 makes it unnecessary to show proof that a, worker who performs his work for an employer outside the workshop is under the employer's orders ; it excludes from its scope only craftsmen who work directly for private customers.1 After the system of registration of names and wages has been working for a certain period it will be possible to build up regulations for protecting men and women home workers, at first confined to fundamental measures or measures which are relatively easy to apply, and then gradually extended to other spheres of social legislation. These initial regulations should be concerned with the organisation of machinery for fixing minimum wage rates for home workers, based on the Minimum Wage-Fixing Machinery Convention adopted by the International Labour Conference at its 11th Session (1928) and the Recommendation on the same subject adopted at the same time. That Recommendation lays particular stress on the need for establishing machinery for fixing statutory minimum rates for home workers, because of the difficulty they experience in themselves negotiating collective agreements to protect their wages. The same Recommendation suggests the setting up of tripartite committees to carry out this fixing of wages and indicates how these committees might be set up and operated. Since these tripartite committees have to fix rates for piece work, it is necessary that they should be set up for every branch 1 See the text of the Act in L.S., 1941, Fr. 11, and the commentary on the reasons for this reform in International Labour Review, Vol. XLVI, No. 2, August 1942, pp. 206-209. 128 LABOUR PROBLEMS IN GREECE of industry in which home work is to be found. In order to space out the difficulties, one branch of industry could be chosen as an experiment on which to start the working of the first wages committees, and then, when the machinery was well developed, the system could be successively extended to the other branches of industry where it would be useful. It would seem desirable, in order to make administrative supervision easier at the beginning, to choose for this experiment a branch of industry in which a large number of men and women home workers are occupied in urban centres—for instance, the manufacture of clothing or underwear. After a system for fixing minimum wage rates has been instituted, it would then seem possible to extend to home workers the right to holidays with pay, for administration of this measure is comparatively simple. It would be sufficient to provide for the payment, every time that work done is handed in, of a certain percentage of the wages over and above the payment due for the work, either in cash or in the form of special stamps affixed to a card. It has been estimated in France, for instance, that 4 per cent, might constitute remuneration for annual holidays. Should the home worker work for several employers, each of them would thus defray his share of the holidays with pay. Supervision might be carried out at the undertaking itself by means of the counterfoil register of the employer, which should record all work carried out and all wages paid. The next stage of the programme might include the extension of social insurance to home work. Home workers employed by undertakings which come under the categories subject to the social insurance legislation would be compulsorily liable to insurance, like workers in workshops, particularly in respect of pension insurance and sickness insurance, including maternity insurance. Maternity insurance is particularly important in this kind of work, in which a large number of married women are engaged. In order that the protection of the latter should be complete, it would be necessary at the same time to enact legislation which maintains their right to employment during the interruption of work due to childbirth and ensures that they can later resume their usual work. Certain countries have also adopted regulations concerning the health conditions of home work, with the dual purpose of protecting the workers against the occupational risks involved in certain operations, and protecting the public against the CONDITIONS OF EMPLOYMENT 129 risk of contagion by articles manufactured in dwellings which are contaminated or by workers who are diseased. Nevertheless, the application of provisions of this kind requires effective supervision carried out at the dwellings of the workers themselves and would undoubtedly exceed the present possibilities of the ¡Greek labour inspection service, which already is not sufficient to supervise labour conditions in the undertakings. Such measures could therefore be introduced only at a very much later stage of the gradual plan of action which is suggested here. EMPLOYMENT OF CHILDREN AND YOUNG PERSONS In Greece, the employment of children and young persons has been regulated since 1912, and it is this legislation which led to the establishment of a corps of labour inspectors. Although the original legislation has been amended and supplemented by many later texts, its provisions have never yet been consolidated. This is, therefore, one of the subjects with regard to which the legislative consolidation, already suggested above, is particularly necessary. Nevertheless, since the problems connected with the employment of children and young persons are closely bound up with social problems of education, vocational training and even social assistance, it would be useful to prepare, in agreement with the other competent ministries, a code including all the various statutory provisions concerning the social protection of children and young persons, rather than to limit such a code exclusively to labour regulations. The resolution adopted by the International Labour Conference at its 27th Session (Paris, 1945) might serve as a basis for putting into operation such a code for the protection of children and young workers. 1 It is on this rather wider basis that study of the problems connected with the employment of children and young persons must necessarily be made at this point. 1 Resolution concerning the protection of children and young workers (cf. Official Bulletin, Vol. XXVIII, 15 December 1945, pp. 31-49). See also the preparatory report setting forth the reasons and principles underlying each of the provisions of the proposed text on the subject which was submitted to the 27th Session and adopted after careful examination and with various amendments : International Labour Conference, 27th Session, Paris, 1945, Report III : Protection of Children and Young Workers (Montreal, 1945). 130 LABOUR PROBLEMS IN GREECE Admission to Employment Two aspects of t h e question should be considered : firstly, the minimum age for admission to t h e various categories of employment ; and secondly, t h e methods of authorising such admission. Minimum Age. At present, in virtue of t h e national legislation and of t h e ratification of t h e two international Conventions, t h e effects of which are combined with those of t h e said legislation, t h e minimum age of admission to employment is fixed as follows : 14 years in industry (Act No. 2271 of 1920, ratifying Convention No. 5). 14 years for employment at sea (Legislative Decree of 23 September 1925, ratifying Convention No. 7). 14 years for domestic employment in a private household (Emergency Act No. 759 of 27 June 1937). 14 years if the child has not completed its elementary schooling, or 12 years if it has completed it, in commercial establishments and shops of all kinds, hotels, restaurants, cafés and similar establishments. 10 years in the case of a family undertaking, on condition that the work does not come into the category of hazardous or harmful work, that mechanical power is not used, t h a t employment does not exceed three hours a day, and that it does not stand in the way of attendance at the elementary school. One omission from this list m a y be mentioned in passing : no minimum age has yet been laid down for employment in agriculture. The Mission was not able to s t u d y the conditions prevailing in rural districts, and it cannot therefore assess t h e possibility of fixing a minimum age for this kind of employment also. As to t h e occupations which are a t present subject t o regulation, t h e application of t h e minimum age for admission to industrial employment in factories apparently meets with no more difficulties in Greece t h a n in other European countries. Employers in mechanised undertakings rather tend to lay down as an internal rule of t h e establishment t h a t young persons shall be over 14 years of age when engaged. This shows an encouraging progress on t h e situation which was noted in 1929. In t h a t year, in connection with t h e technical assistance given to Greece b y t h e Delegation of t h e Health Committee of t h e League of Nations, the Chief of t h e Social Insurance Section of t h e Inter- CONDITIONS OF EMPLOYMENT 131 national Labour Office went to Greece to study labour conditions and their effects on the health of wage earners, and he found an alarming number of children employed in factories.1 There is no doubt that progress has not been as marked in the small workshops, where the enforcement of the minimum age of 14 years would still require close supervision according to the methods indicated below. Similarly, one only has to walk along the street to be convinced that much organisation and supervision are required before the minimum age of 14 years for admission to employment becomes a reality in the small itinerant trades. According to statements which the Mission was not able to verify, this problem would seem also to exist in domestic service. Lastly, it must be noted that, in commercial establishments properly so-called, including the hotel trade and cafés, where the nature of the business may clearly have a harmful effect on the moral education of very young wage earners, Greek legislation allows a lowering of the minimum age of admission to 12 years for children holding a certificate showing that they have completed their elementary schooling. This exception seems all the more undesirable, since commercial activities offer chances of promotion only to those who have a fairly good education. Hence, there is a danger of encouraging precocious children, who are often the most intelligent, to sacrifice the opportunity of completing their elementary education by two years of additional schooling, in order to take on work which gives them a small immediate profit at the expense of their future. Thus, the establishment of legislative measures to fix in all cases the minimum age for admission to non-industrial employment at 14 years, and of supervisory measures intended effectively to eliminate the employment of children under 14 years of age in activities which are not well organised, such as itinerant trades, domestic service and handicrafts, would seem to be the immediate task that should be undertaken before thinking of raising to 15 years the age for admission to industrial employment or employment at sea, according to the standards of the revised Conventions, although the practice already in force in the largest industrial establishments might seem to justify 1 Cf. L E A G U E OF N A T I O N S , H E A L T H ORGANISATION : Document M (C.H./Greece 10), April 1929. 132 LABOUR PROBLEMS IN GREECE such a legislative reform. By further raising the statutory age for admission to this kind of work, one would merely be running the risk of shifting child labour from the occupations where the protection of a young worker is most easy, towards less organised branches of activity which readily evade official supervision, and which give young people very few chances of vocational training and promotion. The abolition of child labour in occupations of this latter category is an essential measure for the safeguarding of their future as workers. For this purpose, supervisory measures falling directly within the normal competence of the Ministry of Labour should be strengthened. This point will be dealt with later. Furthermore, other measures are equally indispensable and require the cooperation of several ministries. The co-operation of the Ministry of Public Education is particularly necessary, for the enforcement of the minimum age for admission to employment and compulsory school attendance are two aspects of a single problem. According to the information communicated to the Mission by the Ministry of Public Education, there were in 1947 about 1,400,000 children of school age (6 to 14 years), whereas the number of pupils registered in the elementary and nursery schools amounted in the same year to only 1,250,000. Since children attending the nursery school have not yet reached school age and since in that same year there were 922 such schools, it would not be an over-estimation to put the number of pupils attending these schools at between 40,000 and 50,000, a figure which should be deducted from the above-mentioned total in order to obtain the number of pupils who are going through their compulsory school period. There would therefore be about 200,000 children of school age who are not registered at the elementary schools. And do all those who are registered attend the school ? The number of existing schools and of teachers raises a doubt whether attendance at elementary schools is effective in the case of all children of school age. In 1947, when provision had been made for 18,172 teaching posts for the staff of elementary and nursery schools, in practice these schools had only 15,730 male and female teachers. That is to say, theoretically every teacher would have had to teach 79 pupils, if the distribution of schools and of the pupils were uniform throughout the country. Such a uniform distribution does not CONDITIONS OF EMPLOYMENT 133 exist, and by reason of the movements of population caused by present events the distribution of pupils is liable to sudden changes which still further increase the lack of equilibrium. In particular, the rural population of the northern districts, which has taken refuge in the towns, swamps the schools there. The Mission was told of elementary classes in the city of Athens which at present have 120 and up to 150 pupils. It is obvious that teaching there is not very attractive and that it is impossible to check attendance. Under these circumstances the need for re-establishing the system of public education on a normal basis cannot be overemphasised. This measure of social reconstruction, which is important in many respects, is an essential condition if the problem of child labour is to be solved. The co-ordination of measures of social assistance and of child labour regulation is equally indispensable. Even if the best of schools was prepared to accept them, the orphan, the abandoned and the refugee child would leave it to seek their own livelihood if subsistence were not provided by social assistance measures. It would seem that the capacity of the institutions for providing relief for children without means of support needs to be considerably increased so that these institutions may be able to meet present requirements. The members of the Mission had an opportunity of visiting homes for orphans, which are most devotedly administered; but the responsible authority told them that the urban and rural orphanages of the Ministry of Social Insurance could only accommodate 6,000 children \ while 4,000 other children were maintained by private welfare institutions and 4,000 more were billeted in families by the Ministry. Altogether then, about 14,000 children without means of support are assisted2, whereas, 1 At present the number of orphanages oí this Ministry is as follows : 30 homes for children of 6-13 years ; 29 orphanage training schools of the urban type for boys of 14-18 years and 9 for girls ; 5 orphanages of the rural type for boys of the same age. Note should be taken of the 2very small number of public assistance institutions for girls. To this figure should be added the number of children who are given meals in special centres, estimated by the Ministry of Social Insurance at 6,000 in February 1948 {Messager d'Athènes, 8 February 1948). But besides these children, who are assisted through permanent services of the Ministry, there are those cared for by the emergency relief service for refugees made homeless by the civil war ; the number of children and young persons under 18 years assisted under this head in the first fortnight of January 1948 is stated by the Ministry to have been 169,080 (idem, 25 February 1948). 134 LABOUR PROBLEMS IN GREECE according to the same sources, at least 60,000 would require assistance of this kind. It is estimated by those interested in private assistance that the requirements which are not met would seem to be even greater, and that the cases requiring assistance exceed 200,000. Whatever be the exact extent of the requirements, it is obvious that the abolition of child labour cannot be brought about so long as provision is not made for the maintenance of these homeless children. The Mission is not competent to make suggestions concerning the organisation of the budget for public relief, but it may be hoped that the problem of assistance to children will not be lost sight of in the allocation of any international resources which may be placed at the disposal of the Greek Government. The Mission desires, however, to lay stress on the fact that if at present an unaccustomed number of children are driven by want to take work at an unduly early age despite the regulations, the problem is important even in normal times. Any rational programme for the protection of children against premature work should be supplemented by a suitable programme for assistance, as was well brought out by the resolution on the protection of children and young workers adopted by the International Labour Conference at its 27th Session (Paris, 1945). In order most effectively to combine social measures concerning the education of children, their maintenance, and their admission to employment above a reasonably high age limit, it would therefore be necessary to organise an interdepartmental committee for the protection of children, responsible for studying the problems the different aspects of which fall within the competence of various ministries, and to prepare the necessary measures of co-ordination. The Mission would suggest that the Ministry of Labour should take the initiative in proposing the setting up of this committee, as this Ministry would be the first to benefit by such co-ordinating machinery in carrying out its duties concerning the abolition of child labour. Methods of Admission to Employment. . Work books. Since its origin (Act No. 4029 of 1912) the legislation concerning child labour provides, at least as far as industrial employment is concerned, for the application of a measure of supervision which can be very useful, both for CONDITIONS OF EMPLOYMENT 135 ensuring compliance with the provisions concerning the minimum age of admission and for initiating measures to protect the health of the young worker accepted for employment. This is the issue of a work book, which is conditional, under the legislation in force, on the results of a medical examination for fitness for employment. In 1937, the obligation to have a work book was extended to young persons in domestic service. This system has been amended on several occasions : in 1936 the right to issue the work book, which originally was exercised by the mayor of the municipality concerned, was entrusted to the labour inspectors (Emergency Act No. 199, section 7). Emergency Act No. 547 of 1937 required that the book should be renewed annually on the basis of a new medical examination. From the strictly legal point of view, the basis of the system is therefore satisfactory. It would seem, however, that it needs to be reinforced in respect of practical application. The Mission gave particular attention to studying the working of this system, because with certain modifications of detail it might in the future lead to the ratification of the two Conventions on medical examination for fitness for employment, adopted in 1946 by the International Labour Conference, one for the admission of children and young persons to industrial employment, and the other for admission to non-industrial occupations. 1 Judging by the small number of work books issued in districts like that of Athens, where a number of young workers were found in the small workshops visited by the Mission, it seems doubtful whether all wage earners of the age categories subject to regulation, that is to say under 16 years, are provided with a work book. The central labour inspection office at Athens had only issued 55 work books in 1945-46 and 98 in 1947 up to 30 October. The number was 407 in 1936, 696 in 1937, 710 in 1938, and 247 in 1939. In the Kallithea district, the municipal dispensary, which serves a population of 60,000 to 70,000 inhabitants and is responsible for carrying out medical examinations of young wage earners to check their fitness for employment, had only made 47 examinations during the first nine months of 1947. Such examinations should be carried 1 It should be noted t h a t Greece ratified the Medical Examination of Young Persons (Sea) Convention, 1921, in 1930. 136 LABOUR PROBLEMS IN GREECE out not only for the issue of new work books, but also for the annual renewal of the validity of work books which have already been obtained. In practice, as the inspection service and the employers confess, the annual renewal has never yet been carried out ; although the work books have pages attached for renewal, these pages were blank in the case of all the work books already in use which the Mission was able to examine. Certainly, the difficulties which have hitherto interfered with the regular working of this system must be taken into account. They did not consist only in the well-known shortage of labour inspection officials. There was often no qualified medical staff to carry out properly the examinations for fitness for employment. The medical officers of the municipal relief services, to whom most labour inspection offices refer for examination of young applicants for employment, can hardly have the requisite knowledge of the various types of industrial work and the physical aptitudes that each job requires. Nevertheless, the development of social insurance medical services now provides for this purpose a personnel which is specialised in the medical care of workers, and which might be used with advantage for examining young workers with a view to issuing or renewing work books. Already one of the labour inspection and employment offices, that of Piraeus, sends young applicants for employment to the dispensaries of the I.K.A. It would seem quite suitable that this method should become general, on condition that the State repays to the medical insurance dispensaries the cost of special examinations, so that such expenditure may not have to be borne in part by the insured persons of the I.K.A. After such a system of supervision has been in force long enough for its working to be well established, it would seem desirable to contemplate extending the issue of work books and the medical examination for fitness for employment to young industrial workers from 16 to 18 years of age, and to young workers undertaking any other regulated occupation, whatever it may be. This would be useful as a means of supervision in all occupations in respect of which a minimum age of admission is fixed to ensure that this limit is observed, and, furthermore, there is little reason to discontinue the periodical examination for physical fitness for employment at 16 years, when in several other respects Greek legislation protects the health CONDITIONS OF EMPLOYMENT 137 of young workers against occupational risks (prohibition of employment in various dangerous and strenuous operations, regulations as to carrying of loads, prohibition of night work, etc.). Such a reform would also have the advantage of bringing Greece nearer to ratification of the 1946 Conventions. Special juvenile placement services. Suggestions of a general nature are made in another chapter 1 with regard to methods of placing under the Greek system, which is based on the obligation to apply to public services for obtaining employment. Those operating the existing services are of opinion that juvenile labour still very largely evades this obligation. The engagement of children and young persons is most frequently arranged by direct agreement between the parents and employers. This fact is also shown by the small number of work books at present issued, as has been mentioned above. Nevertheless, vocational guidance is particularly useful in the case of the first employment accepted. It would therefore seem appropriate to refer here to the desirability, both for the protection of young wage earners and for the rational organisation of the labour market, of young applicants for employment applying first to the public employment offices. This would doubtless be easier if these services had a personnel specialised in the vocational guidance and placing of juvenile labour and had developed practical means of following up the results of placing in order to help the young workers to adapt themselves to their new way of life, for the parents would then find it advantageous to avail themselves of the public services. It is therefore suggested, over and above the more general recommendations contained in the chapter concerning employment, that the necessary measures should be taken to train a personnel specialised in juvenile placement and to organise, wherever it is found necessary, tripartite committees for the purpose of assisting the public services in following up the placement results for this juvenile labour. Protection of Young Workers Greek law contains a number of provisions intended more particularly to protect young workers, generally up to 18 years, against fatigue or the hazards to health and life involved by certain kinds of employment. These provisions are at present 1 See Chapter I I I , pp. 65 et seq. io 138 LABOUR PROBLEMS IN GREECE scattered about in a great number of Acts and Decrees. If, as has already been suggested, they were collected in a single text, it would be easier to supervise their application and also to see whether the protective system has gaps which should be filled. For such a legislation completely to fulfil its purpose of protection in the face of changing circumstances—such as the introduction of new industrial technical methods or changes in custom concerning the employment of juvenile l a b o u r periodical revision is even more necessary than in any other legislative domain. It would seem that this work of revision should be undertaken by the special committee for the protection of children and young workers, the setting up of which has already been suggested, in collaboration with the technical services for industrial hygiene and safety, taking account also of the experience accumulated by the general labour inspectorate. Furthermore, among the measures which have been suggested in the chapter on employment x , those concerning vocational training are particularly important for young workers. Failing any regulations on apprenticeship, it is obvious that, at present, young wage earners who are regarded as apprentices may be used as productive workers rather than as persons learning their trade. Should regulations on apprenticeship be prepared, they should aim at protecting apprentices individually while providing for the training of the skilled labour which the economy requires. It would seem particularly desirable to endeavour to avoid the overstrain imposed at present on young persons who, after a full day's work at the shop or workshop, receive their vocational training in the evening schools, thus having a daily working period of at least 11 hours. However, it must be pointed out that, at present, there is no means of free technical training other than the evening schools, access to which is reserved for persons already employed. Hence families are encouraged to overwork their children, making them take employment without preliminary training in order that they should simultaneously exercise a wage-earning trade and receive their vocational training in such courses as are free of charge. This double task undoubtedly has harmful effects on the health of young persons. It is therefore suggested that there should be a development of the institution of day vocational courses for young workers 1 See Chapter III, pp. 77 et seq. CONDITIONS O F EMPLOYMENT 139 of less than 16 years of age and that attendance at these courses should be legally included in the day's work, without any reduction of wages, in accordance with section 14 of Act No. 5197 of 1931 concerning vocational education and the provisions on the apprenticeship contract, which were included in Article 740 of the Civil Code of 1945 but were not incorporated in the Civil Code of 1940 when it was brought back into force in May 1945. In places where the establishment of special vocational courses for young persons is found to be impossible, it would seem desirable to reduce the statutory hours of work for young persons attending evening schools intended for adults so that they may have a short rest before attending these schools. EMPLOYMENT OF WOMEN All the suggestions made in the previous sections of this chapter apply to women workers as well as to men. Some of the problems which have been dealt with above, like that of home work, predominantly concern female labour, and reference is also made, in discussing the problem of wages, to the special position of women workers. 1 The few remarks in this section will therefore only briefly refer to certain problems which are specifically feminine or which are made yet more serious by the conditions under which most women workers are living. The most important feminine problem is that of maternity protection. In the international field, it is dealt with by the 1919 Convention on childbirth, ratified by Greece in 1920. As stated in the chapter concerning social security s , the system of social insurance, which should meet one of the main requirements of the Convention—that of providing an allowance sufficient to maintain the mother and the child during the leave of six weeks before and six weeks after childbirth—in Greece only partially meets this obligation, since several of the special insurance funds pay no maternity allowance and others only allocate a lump sum. It is therefore suggested that the rules of the sickness insurance funds should be modified in order that maternity allowances which meet the requirements of the Convention may be granted. In connection with the same problem, it would seem that the need for setting up a larger number of maternity homes, 1 2 See Chapter II, pp. 40 and 44-45. See Chapter V below, p. 162. 140 LABOUR PROBLEMS IN GREECE crèches and day-nurseries J is keenly felt by the population of the country. While admitting that financial difficulties at present limit the development of all useful social institutions, it may be held that there are strong arguments in favour of giving the above-mentioned institutions a high priority in plans of social development. They not only give very valuable assistance to mothers of families who are obliged to do wagepaid work so as to contribute to the maintenance of the family, thus being burdened with a double task ; they also relieve young girls of the duty, which too often falls on them, of looking after the youngest of the family, thus preventing them from attending school. The results of this practice, which is very widespread, are shown in Greece by the high percentage of illiterates. According to information supplied to the Mission by the Ministry of Public Education, illiteracy amounted in 1940 to 52 per cent, among women, as against only 24 per cent. among the male population. Since the lack of general culture is a serious obstacle to obtaining advanced vocational training, it is obvious that illiteracy also involves a risk of lowering the economic status of women workers by reducing their chances of promotion, in spite of the natural skills and the remarkable adaptability to more and more varied employments—which many employers readily admitted before the members of the Mission—-that Greek women have shown. It would also seem that the social institutions which are at present developing for working girls, on the lines of the activities of the workers' club or other subsidised social institutions, should be established in a greater number of industrial centres and that they should offer educational facilities to remedy the deficiencies of the general and vocational training of girls, and at the same time give them some notion of housekeeping and child welfare, knowledge which is necessary to enable them more easily to co-ordinate their family responsibilities with the duties of their working life. SPECIAL CATEGORIES OF WORKERS The conditions of employment of certain categories of workers, such as dockers, seamen and railwaymen, are dealt 1 According to information published in October 1947 by the Ministry of Co-ordination, in 1946-47 about 4,500 children in 47 institutions were cared for during the day. CONDITIONS OF EMPLOYMENT 141 with under separate arrangements. Thus the conditions of seamen are the concern of the Ministry of Mercantile Marine while those of railwaymen are dealt with by the Ministry of Transport. Special legislation has been enacted to regulate the wages and conditions of employment of dockers, seamen and other transport workers, and in some cases the legislation is inspired by Conventions adopted by the International Labour Conference. Dockers There are three international Conventions applying specially to dockers, namely, the Marking of Weight (Packages Transported by Vessels) Convention, 1929, the Protection Against Accidents (Dockers) Convention, 1929, and the Protection Against Accidents (Dockers) (Revised) Convention, 1932.1 Greece ratified the first of these in 1935 but it has so far not ratified either of the others. An Act to ratify the Marking of Weight (Packages Transported by Vessels) Convention was enacted on 30 October 1935.2 The Act declared that a Decree would regulate the necessary details for carrying out the obligations it prescribed, and would determine the manner in which the weight would be checked and marked on the packages. In its annual report on the application of Conventions which was made to the International Labour Office in 1947, the Greek Government indicated that it had not yet been possible to issue the Decree fixing details for the application of the Convention, but that the competent services of the Ministry of Labour and the Department of Finance had agreed to take the necessary action in this connection. The report also stated that the customs authorities and police at ports and the labour inspection service are responsible for the application of the provisions of the Convention and added that general regulations respecting the employment of dockers, which are in course of preparation, will include provisions relating to the application of the Convention. It is gratifying to note that the necessary action for prescribing the details for the application of the Convention is now 1 The Protection Against Accidents (Dockers) Convention, 1929, was closed to further ratifications when the revised Convention of 1932 came into force. 2 Cf. L.S., 1935, Gr. 11. 142 LABOUR PROBLEMS IN GREECE being taken, and it is to be hoped that the Convention will soon be fully enforced. For the placing of dockers in employment, special offices have been opened at the larger ports, such as Piraeus, Salónica and Patras. Employment offices for dockers exist in eleven such ports, while in a number of the smaller ports dock labour committees have been formed.1 These committees—to the number of thirty—include representatives of the employers and of the workers. The chairman of the committee in each case is the local representative of the Ministry of Labour. Under codified Act No. 5167 of 1932, it was provided that dock labour committees should be set up in every Greek port, except in the smallest ports, in which the harbourmaster was to have the rights and duties of the dock labour committee. Among the duties of the dock labour committees were the following : to prescribe the maximum number of workers necessary to ensure the carrying out of dock work in the port without interruption or difficulty ; to supply workers with work books ; to keep, through their chairman, an accurate register of all workers to whom work books have been supplied, and to suggest any measures calculated to establish as far as possible a balance between the supply and the demand for labour (introduction of a system of employment in rotation, issue of permanent or temporary licences for engagement in the occupation of docker, etc.) ; to revise the lists of dockers at that time employed in each port ; and to draw up rules for the carrying out of dock work and scales for the workers' wages and for the cost of dock work in general. It was further provided that a dock labour office might be set up in connection with every dock labour com1 Provisions concerning employment offices for dockers, and concerning the regulation of work in the ports, are included in the following Acts and Decrees : Codified Act No. 5167/1932, regulating loading and unloading work in ports (cf. L.S., 1932, Gr. 9) ; Act No. 5944/1933, amending and supplementing the Order of 4 March 1932 regulating loading and unloading work in ports (L.S., 1933, Gr. 4) ; Emergency Act No. 381/1936, amending and supplementing Acts Nos. 5167 and 5944 regulating loading and unloading work in ports ; Emergency Act No. 2212/1940 amending and supplementing certain provisions of the laws regulating loading and unloading work in ports ; Act No. 1749/1944, amending and supplementing certain provisions of the laws regulating loading and unloading work in ports ; Decree of 4 January 1933, concerning the chairmanship of the committees for the regulation of loading and unloading work in ports ; Decree of 27 September 1940, concerning the composition, organisation and operation of the dock labour offices so far set up ; Decree of 27 September 1940, concerning the status of employees of the dock labour offices ; Decree of 31 May 1940, regulating the administration of the special funds of the dock labour offices. CONDITIONS OF EMPLOYMENT 143 mittee. A separate Act (No. 4748 of 13 May 1930), concerning the organisation of the port of Piraeus, was not affected by the provisions of Act No. 5167. Unemployment among the dockers in Greece has been serious owing to the severe damage to ports and harbours during the war and to the fact that trade could not be rapidly and fully restored when the war was over. Recovery is proceeding slowly. The volume of imports and exports has been increasing though the trade of the ports is still far from normal. Moreover, some time will probably elapse before the cranes and other cargo-handling machinery at the principal ports can be replaced. Meanwhile, the lack of mechanical loading and unloading facilities means that larger numbers of dockers have to be employed in handling cargoes. This helps to provide employment for greater numbers than would otherwise be the case, but at a heavy cost in physical effort to the men concerned. There has always been a certain amount of seasonal employment in some of the Greek ports, resulting, for example, from the export of such products as currants, leaf tobacco and olive oil. To cope with the work of the ports some thousands of " regular " dockers have been registered and provided with work books. There are also large numbers of " casual " or " free " dockers who are taken on in rush periods and who may only be employed for a few months during the year. 1 The dockers have been well organised in their trade unions and have been able to exercise a measure of control over the number of new entrants to the industry. This was no doubt beneficial to the regular dockers, whose employment was to this extent protected. On the other hand, it would seem that an insufficient number of younger men have been taken into the industry in recent years, with the result that the average age of the dockers may now be unduly high. Dockers' wages are regulated by methods different from those which apply in industry generally. Much of the work is remunerated at tonnage rates, which vary from port to port according to the nature of the cargoes, the difficulty of the work and the kind of equipment which is available. As in other industries, the wage rates for dockers have been con1 According to figures supplied by the Ministry of Labour, there were 6,000 dockers with work books in October 1947, and approximately 2,000 casual dockers. 144 LABOUR PROBLEMS IN GREECE siderably increased in view of the devaluation of the currency. In October 1947, when the Mission was in Greece, the official wage rates, fixed by Ministerial Order, were 70 times more than the pre-war figures, but the wages paid in actual fact were higher than the official rates. Special conditions exist in the port of Piraeus both in regard to the regulation of employment and to the system of calculating wages. Piraeus is the most important port in Greece, since a high proportion of the country's imports pass through it and it handles the greater part of the country's exports. Employment in the port of Piraeus is regulated by the port organisation which was established by Act No. 4748 of 1930. It would appear that the number of regular dockers with work books is now insufficient and that considerably more casual workers are emplojred than previously. This is due partly to the thinning out of the ranks of the regular dockers and partly to the necessity for employing larger gangs owing to the destruction of cranes and conveyors. When the organisation was established it was found necessary to close the industry to new entrants and then to pension off a large number of those on the books, owing to the improvement in the port's facilities and the consequent reduction in the number of men required. During the war the dockers suffered serious privations. Hundreds died of hunger, others disappeared, and many of those who remain on the books are too infirm to work. Of those who are still at work, the older men, who now form a high proportion of the total, find it difficult to stand the strain under the present exhausting conditions. Instead of being paid according to tonnage rates, the dockers at the port of Piraeus receive a daily wage based on a certain output, and this wage is paid to the permanent men, even if they have been unable to work through no fault of their own. The " casual " or " free " dockers, on the other hand, are only paid for work which they actually perform. In 1945, in view of the growing difficulties, the output required from a gang of men in order to qualify for a daily wage was reduced. It was found, however, that the wages remained inadequate and the dockers claimed that the basic wage should be increased. The Government decided to reduce still further the required output and at the same time to increase the size of the gangs. The result was that though the basic wage remained low, a greater number of men could qualify for it in a shorter time, with the CONDITIONS OF EMPLOYMENT 145 further result that by working a whole day, a gang could earn a day's wage four or five times over. Thus while the official rate for a day's work was kept down, the actual wages were considerably higher. It will be seen that an unhealthy situation exists in the ports of Greece, both in regard to the composition of the dockers' force and in regard to the system of wage calculation. A solution for both of these problems will presumably have to wait until conditions are normal. It would be difficult to put the wages system back onto a sound basis while the devaluation of the currency continues, and it would be no less difficult to calculate how many new work books should be issued, especially at Piraeus, until the restored cargo-handling equipment is in operation and the labour requirements are more exactly known. On the other hand, the lists of dockers should be reviewed at the earliest possible opportunity, so as to strengthen and rejuvenate the regular labour force available for dock work. This would increase the number of dockers who enjoy the benefits provided by the possession of work books and reduce the number of " casual " dockers who can only find employment at times when the " regular " men are not numerous enough to deal with the work. A reference to the wholesale destruction which took place in the ports was made in Chapter II. It is vital not only to the movement of Greek trade, but also to a solution of the problems of dock labour in Greece, that the ports should be put into full working order again as soon as possible. Railwaymen As already indicated, the Ministry of Transport is responsible for matters relating to the conditions of labour of railwaymen. According to figures supplied by the Ministry, there are some 11,500 railwaymen employed in Greece, including regular and temporary personnel employed by the State railways and private companies. These figures do not include the personnel, approximately 4,500 in number, employed on light railways and tramways. The employment situation on the Greek railways is affected by the destruction which took place during the war and by the continued damage which the railways are suffering as a consequence of the civil war. The result is, as already mentioned 146 LABOUR PROBLEMS IN GREECE in Chapter II, that the services are interrupted and a large part of the system is out of action. The Greek State Railways (E.E.K.) employ at the moment about 6,000 regular personnel, and another 1,500 workers and technical staff engaged on the repair of the tracks. Regular and temporary personnel employed by the Piraeus-AthensPeloponnese Railway (S.P.A.P.) total 3,500. Other railway undertakings include the Thessaly Railway (S.Th.), the NorthWest Greece Railway (S.B.D.E.), the Pyrgos-Katakolon Railway (P.K.) and the Franco-Greek Railway (S.G.E.). Wage rates for railwaymen are fixed by the Minister of Transport in agreement with the Minister of Labour. Scales were drawn up for the various categories of the personnel in 1925, and they remained in force until the occupation. Increases or decreases in the rates were made in accordance with changes in the cost of living. Before the war the various adjustments were discussed with the trade unions, but during the occupation the changes became more frequent and then the discussions did not always take place. Rates are fixed for the highest and lowest grades by the Government (i.e., by the Ministry of Finance) and between these upper and lower limits the rates for 120 categories are inserted. When the Mission was in Greece the position was that the last formal adjustment had taken place in February 1946. Subsequently an increase of 25 per cent, had been granted, followed by a further award of 100,000 drachmae a month to all workers and salaried employees. A problem which has troubled the Greek railwaymen for some years and which is still causing them concern, is that of the eight-hour day. The hours of work and rest periods for railwaymen have been regulated since April 1926 by an Order of the Minister of Transport made in virtue of Act No. 2269 of 24 June 1920, which ratified the Hours of Work (Industry) Convention, 1919. The Convention provided that the hours of work in industry (including the transport of passengers or goods by railways) should not exceed eight per day or forty-eight per week. To meet the needs of the railway service in certain countries it was, however, further provided (Article 5) that : 1. In exceptional cases where it is recognised that the provisions of Article 2 cannot be applied, but only in such cases, agreements between workers' and employers' organisations concerning the daily limit of work over a longer period of time may be given the force of regulations, if the Government, to which these agreements shall be submitted, so decides. CONDITIONS OF EMPLOYMENT 147 2. The average number of hours worked per week over the number of weeks covered by any such agreement shall not exceed forty-eight. Although the Convention was ratified by Greece, the eighthour day has not been strictly applied on the Greek railways. The locomotive men and other travelling staffs work a ninehour day, permanent way men nine hours, including one hour's travelling time, station staffs ten hours and level-crossing keepers twelve hours. The Pan-Hellenic Railwaymen's Federation approached the Mission on this subject and indicated that it attached great importance to the application of the eight-hour day to the Greek railways in accordance with the terms of the Convention. On the other hand, the Greek Government fears that a reduction of hours in present circumstances might increase the financial burdens of the railways and thinks that a reduction can only be considered when the economic situation of the country has improved. 1 While it may be difficult to bring about the desired changes at the present time, the question of the eight-hour day on the railways would seem to be one that should be further examined. Seamen It is common knowledge that the conditions of seamen have been subject to a considerable amount of international regulation. The International Labour Conference has adopted a number of Conventions on this subject and five of these have been been ratified by Greece, namely, the Minimum Age (Sea) Convention, 1920, the Unemployment Indemnity (Shipwreck) Convention, 1920, the Placing of Seamen Convention, 1920, the Minimum Age (Trimmers and Stokers) Convention, 1921, and the Medical Examination of Young Persons (Sea) Convention, 1921.2 1 2 Communication from the Ministry of Transport. The Conventions not yet ratified by Greece are as follows : Seamen's Articles of Agreement, 1926 ; Repatriation of Seamen, 1926 ; Officers' Competency Certificates, 1936 ; Holidays with Pay (Sea), 1936; Shipowners' Liability (Sick and Injured Seamen), 1936 ; Sickness Insurance (Sea) Convention, 1936 ; Hours of Work and Manning (Sea), 1936 ; Minimum Age (Sea) (Revised), 1936 ; Food and Catering (Ships' Crews), 1946 ; Certificates of Ships' Cooks, 1946 ; Social Security (Seafarers), 1946 ; Seafarers' Pensions, 1946 ; Paid Vacations (Seafarers), 1946 ; Medical Examination (Seafarers), 1946 ; Certification of Able Seamen, 1946 ; Accommodation of Crews, 1946 ; Wages, Hours of Work and Manning (Sea), 1946. 148 LABOUR PROBLEMS IN GREECE In regard to the Conventions already ratified by Greece the following notes may be of interest. The Minimum Age (Sea) Convention, 1920, was ratified by a Legislative Decree of 23 September 1925, which was confirmed by Act No. 4211 of 1929. The control of the age of young persons employed on board vessels is ensured by means of the seaman's book, in which the date of birth is entered. A list of the crew must be made up for all vessels, and all members of the crew, including those between 14 and 16 years of age, are to be entered on the list. The Unemployment Indemnity (Shipwreck) Convention, 1920, was ratified by the above-mentioned Legislative Decree and the Decree was approved by Act No. 4004 of 1929. Under this legislation the indemnity required by Article 2 of the Convention is not to exceed two months' wages. Any member of the crew not in receipt of monthly wages is to receive a fixed. sum from the port or consular authorities, who must take into account the current wages at the time of engagement of the seaman. The provisions of the above Act are applied equally whether the vessel is lost or abandoned. As the Commercial Code provides that the wages of the personnel shall be paid up to the end of the period of service, in all cases of shipwreck the payment of the indemnity provided for in the Convention begins from the day following the shipwreck. The payment of wages ceases on the same day. A proportionate allowance for food is taken into account in calculating the indemnity payable under the Convention. The Placing of Seamen Convention, 1920, was ratified by Act No. 4360 of 1929 and is applied by Act No. 192 of 30 September 19361 concerning the placing of seamen in employment. A Decree of 28 November 1934 provided for the establishment of seamen's employment offices in all towns in which there are port authorities, and a Decree of 3 January 1937 regulated the composition of managing committees of seamen's employment offices and the working of the offices. Under Act No. 192 it was provided that the special seamen's employment offices should be exclusively responsible for finding employment for seamen on board vessels in Greece and abroad, though this duty might be entrusted to the harbour authorities in ports in which seamen's employment offices did 1 Cf. L.S., 1936, Gr. 4. CONDITIONS OF EMPLOYMENT 149 not exist. The duties of the seamen's employment offices, in addition to finding employment for seamen, were to be as follows : (a) to suggest and carry out any measures tending to maintain equilibrium as far as possible between the supply of and demand for seamen's labour ; (b) to supervise the fulfilment of the obligations incurred by the State in pursuance of international Conventions with respect to the finding of employment for unemployed seamen and the minimum age for the admission of children and young persons to various branches of seamen's work ; (c) by means of inspections carried out on the spot to supervise the conditions under which seamen's work is performed on board vessels, in particular from the point of view of hygiene and protection against occupational risks—acting in collaboration with the other competent maritime services—and to suggest measures to be taken to improve the said conditions ; (d) to issue certificates of competency to seamen in the mercantile marine in conformity with the provisions in force ; (e) to keep detailed statistics of unemployed seamen. Other provisions of the Act dealt with the management of the offices, the powers and duties of the directors in charge of the offices, the methods to be employed for placing seamen in employment, and so on. The Minimum Age (Trimmers and Stokers) Convention, 1921, was ratified by Act No. 4505 of 7 April 1930. Provisions concerning its application are contained in a Decree of 3 January 1937 concerning the management committees of seamen's employment offices and the working of the offices. The position with regard to this Convention is similar to that which applies in the case of the Minimum Age (Sea) Convention, 1920, which has already been mentioned. The Medical Examination of Young Persons (Sea) Convention, 1921, was ratified by Act No. 4674 of 12 May 1930. Medical examinations for seamen take place at the time of recruitment, when a seaman's book is issued, and subsequently after two years of service, when a special permit is granted (e.gr., for seamen and stokers). A further examination takes place before a certificate or diploma is issued. It is not clear, however, whether these arrangements are strictly in accordance with the terms of the Convention, which prescribe medical examinations at intervals of not more than one year. The wages of seamen are regulated in a different manner from those of workers in shore industries. During the war 150 LABOUR PROBLEMS IN GREECE collective agreements were signed in London between representatives of the Greek authorities who were managing the requisitioned Greek vessels and representatives of the officers' and seamen's organisations. The collective agreements dealt not only with wages but also with a number of other problems relating to conditions of service. When the Mission was in Greece the agreements signed in London in 1943 were still in force. Since then account has been taken of the continued devaluation of the currency and new collective agreements for passenger and cargo vessels have been signed. The agreements were ratified by the Minister of Mercantile Marine and published by him on 11 December 1947. They followed upon the signature of collective agreements between the employers' and workers' organisations which fixed new wage scales for workers in shore industries and which was ratified by Decision No. 927/ 1947 of the Council of Ministers.1 The two agreements for passenger and cargo vessels were signed by the Director of Labour of the Ministry of Mercantile Marine and by the representatives of the shipowners and of the officers' and seamen's organisations. The agreements set out new wage scales and bonuses for officers and ratings in all departments. It was provided that the agreements should come into force retroactively as from 1 November 1947 and that they should expire at the end of six months unless they were denounced earlier by the signatories in consequence of a readjustment of the wages of workers and technicians in industry. Seamen are registered for employment in accordance with the above-mentioned Acts. Seamen's articles usually run for six months and are renewable. The ships remain abroad for long periods, but it is customary for seamen to return home after a year and this practice creates vacancies for others. No statistics are available as to the number of seamen seeking employment, but thsre was considerable unemployment immediately after the war owing to the serious losses sustained by the Greek mercantile marine. In 1945 and 1946 a number of unemployed seamen were drafted to foreign ports with a view to placing them on board vessels flying the Greek flag and on which seamen had been engaged without the necessary qualifications. Since then unemployment has been much reduced, as the losses of the Greek mercantile marine have been largely 1 See Chapter II, p. 42. CONDITIONS OF EMPLOYMENT 151 made good by the acquisition of vessels from other countries. There is, however, some unemployment among stokers, as the vessels purchased from abroad include 100 Liberty ships which are oil burning. In any case, it is difficult to find employment in the Greek mercantile marine for all those who wish to follow the sea ; accordingly, plans are being made to promote fishing and sponge fishing in order to provide employment for those who wish to work at sea but cannot be absorbed in other ways. There is room for an extension of the training facilities, for seamen. At the moment there are no training schools or training ships for ratings. There is, however, a State school for masters and there are private schools for engineers. Ships' cooks have to be certificated. Plans have been drawn up for a new and well-equipped State school for masters, engineers, radio officers, stokers, cooks and others. The Greek Government is aware of the need for expanding the training facilities, and its representatives at the Maritime Session of the International Labour Conference held in Seattle in 1946 voted in favour of the Conventions concerning the certification of able seamen and of ships' cooks. It is not likely, however, that the development of training facilities for seafarers will be rapid in view of the financial and material difficulties of the present time. It will have been noted that Greece has not ratified any of the maritime Conventions adopted since 1921. A number of these Conventions were not adopted until 1946 and presumably there has not yet been time for them to be considered fully. As in the case of many other countries, the ratification of some of the earlier Conventions was no doubt prevented by the war. Some new ratifications of these Conventions have, however, recently been received, and others are under consideration in certain maritime countries. The Holidays with Pay (Sea) Convention, 1936, has been superseded by the Paid Vacations (Seafarers) Convention, 1946, and the Hours of Work and Manning (Sea) Convention, 1936, by the Wages, Hours of Work and Manning (Sea) Convention, 1946, and consequently the Greek Government will doubtless wish to give consideration to the possibility of ratifying the later Convention in each case. But there are two other Conventions of 1936—the Officers' Competency Certificates Convention and the Shipowners' Liability (Sick and Injured Seamen) Convention—which are of great importance for the safety of ships 152 LABOUR PROBLEMS IN GREECE and the protection of crews, and it is to be hoped that as conditions in Greece become more normal, very serious consideration will be given to the possibility of ratifying and applying these Conventions. As regards the Conventions adopted at Seattle in 1946, they are still under consideration in most of the maritime countries because they call for lengthy study and in some cases for considerable legislative changes. There is, however, reason to believe that a number of ratifications will be received in the near future, and it is therefore hoped that Greece, listed in the texts of most of these Conventions as being one of the important maritime countries whose ratifications can help to bring the Conventions into effective operation, will do all in its power to ratify several of the Seattle Conventions as well as the pre-war Conventions mentioned above. CHAPTER V SOCIAL INSURANCE Social Insurance Institutions The social insurance institutions at present existing in Greece form a complicated whole which is not the result of any general principles, but springs rather from historical developments. In Greece, as in the majority of European countries, social insurance originated in mutual benefit institutions established for the wage earners of certain occupations or of certain undertakings. Act No. 2868 of 1922 1 on the compulsory insurance of wage earners lays down general regulations for all social insurance institutions. Apart from this Act, there is a series of other Acts and Decrees dealing with a certain number of specialised institutions. Most of these funds cover invalidity, old-age and death risks, i.e., they deal with pension insurance. Others cover the risks of sickness or unemployment. There are, of course, funds which cover several of these risks simultaneously. The scope and methods of operation of each fund must be clearly laid down in its rules, which are subject to the approval of the Ministry of Labour or, in the case of certain funds, of another Ministry, as, for example, seamen's funds, which come within the jurisdiction of the Ministry of Mercantile Marine. The 1922 Act provides for the creation of State pension funds for wage earners who are not members of the pension funds of undertakings or of workers' organisations. A central institution, Idryma Koinonikon Asfaliseon (I.K.A.), was set up by Act No. 6298 of 1934. It began to operate on 1 December 1937 in Athens and Piraeus, and its work was subsequently extended to cover other districts. Since the promulgation of Act No. 6298 of 1934 2, the creation of new funds, "with the exception of subsidiary funds for granting supplementary benefits, has been forbidden. 1 2 Cf. L.S., 1922, Gr. 3. L.S., 1934, Gr. 7. il 154 LABOUR PROBLEMS IN GREECE Membership of a subsidiary fund does not confer exemption from the liability for compulsory insurance with I.K.A. Funds which existed before the promulgation of the Act continued in existence, and the members of such main funds were not compelled to become members of I.K.A., at any rate for the purpose of the risks covered by the main fund itself. Furthermore, the same Act provided for the establishment of two new main funds, one for persons engaged in commerce and the other for artisans and small traders. The Act encouraged previously existing institutions to amalgamate and, in certain cases, it even made compulsory by Decree the dissolution of a certain number of them. Nevertheless, the number of funds, and even the number of main funds, has consistently increased, as the following table shows : TABLE XI. NUMBER OF FUNDS FROM 1922 TO 1946 Number of funds Year 1922 1934 1938 1940 1946 Main Subsidiary Total 13 72 98 104 102 3 21 36 46 66 16 93 134 150 168 Among these funds, mention should be made of the Unemployment Insurance Fund, created by Act No. 118 of 1945, which began its operations in 1945, at first in Athens and Piraeus, and gradually extended them to other districts. The membership of the various funds comprises either wage earners or independent workers, or both together. Certain funds are for a single purpose only, i.e., sickness, pension or unemployment insurance. But there are also funds which deal with two or even three of these branches of insurance. Certain funds provide only for single lump-sum payments in the event of death or retirement, while others grant pensions with or without lump-sum payments.. The number of social insurance funds on 1 January 1946, classified according to type of membership and risks covered, was as shown in table X I I . Of the funds shown in this table, some are not functioning at the moment and others are of very minor importance. The SOCIAL INSURANCE TABLE XII. DISTRIBUTION OF FUNDS, 155 ON 1 JANUARY 1946, ACCORDING TO MEMBERSHIP AND RISKS COVERED Nature of funds and risks covered A. Main funds: Pension, sickness, unemployment Pension, sickness . . . . Pension, unemployment . Pension (retirement) . . . Wage earners Independent workers Mixed Total 1 11 2 36 36 4 7 1 4 1 11 3 47 36 4 90 7 5 102 26 12 20 3 Pension and retirement 2 3 29 14 23 Total number sidiary funds 58 5 3 66 148 12 8 168 Total number B. Subsidiary of main funds: Grand total of sub- majority of the funds are under the supervision of the Minister of Labour, but 24 of them are attached to other ministries. As a result of the existence of so varied and so many insurance institutions, it is almost impossible to attempt any detailed description of them, or to collect the necessary information to analyse with any precision the working of social insurance. In particular, statistical data are very often lacking, and supply only partial and necessarily incomplete results. Account should be taken of the fact that, during the occupation and after the war, emergency measures became necessary ; some of these applied to a particular fund, and others were confined to a particular matter. Furthermore, as a result of the general economic position and of its direct effects on social insurance, statistical data rapidly become out of date and meaningless. Again, an insured person may often be a member of two or three main funds, as well as of one or more subsidiary funds ; even civil servants, who are covered by a special State pension scheme and are exempted from compulsory insurance, may be members of subsidiary funds. 156 LABOUR PROBLEMS IN GREECE Generally speaking, sickness insurance and unemployment insurance are concerned only with wage earners, whereas pension insurance covers also a considerable number of independent workers. Certain funds cover only workers employed in a single undertaking, including its branches where any exist. Other funds cater for a whole occupational category, either in a single locality or in a district ; others, again, cover the whole country. In principle, social insurance does not cover domestic servants, nor does it apply to the rural population : agricultural workers and small farmers do not enjoy the protection of social security measures. The affiliation of wage earners to I.K.A. for the purpose of sickness and pension insurance, and to the Unemployment Insurance Fund, is being carried out in stages, as provided for by law. The legislature has seen and has rightly avoided the difficulties which would have arisen if any attempt had been made to put the social insurance system into force for the whole country at the same time. The 1934 Social Insurance Act laid down the principle of exemption from compulsory insurance of wage earners not resident in an " insurance centre ", i.e., a locality or group of localities which fulfil certain conditions laid down in the regulations, with a view to the efficient working of social insurance services. The 1945 Act on unemployment insurance for wage earners in industrial undertakings covers all wage earners in industrial undertakings in the province (nomos) of Attica. The provisions of the Act have been progressively extended and continue to be applied by stages to other districts of the country and to other categories of wage earners. In many cases, the operation of social insurance is limited not by legal provisions but by administrative difficulties. Thus, the Fund for Artisans and Small Traders finds it impossible to collect the contributions of more than a third of the persons who are compulsorily insured with it. Generally speaking, institutions whose activities cover the whole country have regional and local offices and branches throughout the country. I.K.A. has regional offices in Athens, Piraeus, Salónica, Patras, Volo, Kalamata, Kavalla, Jannina, Canea and Heraklion. In addition, local offices may be attached to a regional office. The branch establishments of the Unemployment Insurance Fund are as follows: Athens-Piraeus, Karlovassi (Samos), Volo, Patras, Salónica, Edessa, Verria, Naoussa, Mytilene, Kavalla, Chios, Pyrgos, Kalamata, Larissa, Hera- SOCIAL INSURANCE 157 klion, Trikkala, Chalkis, Syra, Canea, Xanthi, Serres. In seven other towns branches are beginning to work. The regional offices of I.K.A. and the branches of the Unemployment Insurance Fund do practically all the work in their respective districts. The branches of other funds, as, for example, those of the Tobacco Workers' Fund or those of the Fund for Artisans and Small Traders, have more limited functions. Benefits Greek social insurance guarantees insured persons and the members of their family benefits in cash in the event of loss of earning power and, in addition, medical care. The conditions and amount of benefit are fixed by a considerable number of Acts, administrative regulations, ministerial decisions and rules. These provisions not only vary as between one fund and another, but have also varied at different times. The peculiarly difficult situation with which the country had to cope during the occupation and also in the post-war period—in particular, inflation and economic instability—have necessitated rapid adjustments in the system in order to adapt it to circumstances. Industrial accidents and occupational diseases are covered by special provisions included either in the sickness branch or in the pensions branch, since there is no special branch for occupational risks. Act No. 6298 of 1934 introduced special advantages and privileges in the case of occupational risks, while at the same time exempting employers from the liabilities imposed upon them by the Royal Decree of 24 July 1920 on compensation for industrial accidents, in all cases where the victim is a member of an insurance fund. National legislation provides for a special system of insurance against tuberculosis. According to the special Act of 19 November 1935 J, - a " tuberculosis insurance organisation " was to be set up, membership of which was to be compulsory not only for wage earners covered by pension insurance or sickness insurance, but also for independent workers covered by pension insurance. This Act has not been put into force. Benefits in kind and in cash in the event of tuberculosis are provided by the sickness insurance funds or the pension insurance funds and, in particular, by I.K.A. 1 Cf. L.S., 1935, Gr. 10. 158 LABOUR PROBLEMS IN GREECE Figures for the financial year 1946 in respect of 101 insurance funds under the supervision of the Ministry of Labour show the comparative financial importance of the three branches of insurance. Although these figures do not cover all funds, they give a fairly faithful general picture (I.K.A. is included). In 1946 expenses amounted to 81,103 million drachmae, of which 69,956 million drachmae came under the head of benefits, divided as follows : 37,976 million for pensions (54.3 per cent.) ; 25,968 million for sickness (37.1 per cent.) ; 6,012 million for unemployment (8.6 per cent.). SICKNESS INSURANCE Sickness insurance is carried by a number of funds, the most important of which is I.K.A. There are about ten funds for railway workers, ten more for miners, several funds for bank employees or for employees in other undertakings, and finally funds for various occupational categories as, for example, tobacco workers, bakery workers and flourmill workers. According to the latest census of the membership of I.K.A., the organisation covered on 26 February 1946 a total of 225,000 contributing members, of whom 90.5 per cent, were insured in both branches, 9 per cent, in the sickness branch only and 0.5 per cent, in the pensions branch only. I.K.A. covers the majority of insured persons in the case of sickness. Persons pensioned under I.K.A. receive benefits in kind in the event of sickness in return for a contribution of 5 per cent, of their pension. Apart from contributing members and the members of their family, there are other categories of persons entitled to benefits who pay no contribution. These are, on the one hand, unemployed persons in receipt of an unemployment allowance, in respect of whom the days for which unemployment benefit is paid are counted as working days for the purposes of sickness insurance and pension insurance ; and, on the other hand, the civil servants, retired civil servants and members of their families for whom I.K.A. is compelled, under Act No. 95 of 1943, to provide medical treatment free of charge. A qualifying period for sickness benefits is required in the majority of the funds. In I.K.A. new members are not entitled to benefits until six months after joining the fund ; thereafter the qualifying condition is the performance of at least 50 days' SOCIAL INSURANCE 159 work in the course of the 12 months preceding the onset of sickness. Insured women must fulfil the additional condition of having done at least 200 days' work in the course of the two previous years, in order to qualify for benefits in kind in the event of maternity. In the case of industrial accidents and occupational diseases no qualifying period is required for benefits. The benefits in kind supplied by I.K.A. throughout the whole duration of an illness are medical treatment, medical supplies and ordinary therapeutic treatment. In the event of maternity, apart from consultations with doctors and midwives in dispensaries and the supply of the necessary medicaments, a lump sum (at present, 100,000 drachmae) is given to cover the expenses of confinement. I.K.A. is authorised by law to require the beneficiary to pay a share of medical expenses up to 20 per cent, of the whole (except in the case of industrial accidents). In practice I.K.A. requires the beneficiary to pay a share of 20 per cent, of the cost of medical supplies, but all other treatment is given free. Insured persons, but not members of their family, are entitled to hospital treatment and to free transport. I.K.A. also grants insured persons supplementary assistance, such as treatment in sanatoria or asylums, a stay in a thermal or health resort and the supply of special surgical and therapeutic appliances. Medical treatment is given either at the dispensary or at the home of the recipient. I.K.A. has opened dispensaries wherever possible and, as a general rule, a patient who is not actually bedridden is required to attend the dispensary. Doctors receive patients in their own consulting rooms only when there is no dispensary available. The patient is entitled to choose the dispensary if there is more than one in the district, for example, in Athens there are 12, in Piraeus 5, and in Salónica 4. He is also entitled, so far as possible, to choose his doctor at the dispensary. Medical treatment in the home is given by other doctors who are specially engaged by I.K.A., and the patient may choose one of these I.K.A. doctors in his particular district. In cases requiring first aid, the patient can approach the nearest doctor whether or not he is a doctor engaged by I.K.A. In October 1947 there were 765 doctors working for I.K.A., of whom 615 worked in dispensaries and 150 made house visits. Of these doctors, 462 were specialists, all of whom worked in the dispensaries. Doctors in dispensaries receive a fixed monthly salary. Visiting doctors are paid monthly on the 160 LABOUR PROBLEMS IN GREECE basis of the number of visits. Supervision of medical treatment, whether in the home or in the dispensary, is carried out by supervisory doctors who are employees of I.K.A. and who, unlike the doctors they supervise, are not allowed to practise privately. Medicaments are supplied to the patient as a rule by private chemists, except for a few which are delivered direct to the dispensary. The patient pays his 20 per cent, contribution to the cost direct to the chemist. Hospital treatment of insured persons is undertaken in public hospitals or in private clinics on the basis of contracts made by I.K.A. The cost per person of one day of hospital treatment in October 1947 in Athens was between 23,000 and 25,000 drachmae. The district office of Athens alone owns three small clinics. I.K.A. owns no sanatorium or asylum, so that it has to rely upon other establishments, some of which are profit-making. Benefits in cash include daily allowances in the event of incapacity for work, allowances for pregnancy, maternity and nursing, and funeral benefit. These benefits are granted to insured persons only, and not to the members of their family. The payment of daily sickness benefit begins on the sixth day of incapacity for work and continues for a maximum period of 180 days. If the incapacity was due to an accident, the waiting period is reduced to three days and the period of coverage extended to 750 days. Allowances for pregnancy and maternity benefits are paid during the six weeks preceding and six weeks following the confinement, provided that the insured person refrains from working. The nursing allowance is paid for 60 days following the cessation of the confinement allowance on condition that the child is still alive. The daily allowance in the case of sickness and the allowance for pregnancy, maternity and nursing is fixed at 60 per cent. of the average wage, as shown in table XIII. Insured persons are divided into the classes shown in the said table according to their average daily wage reckoned on the last 20 working days. In calculating the average wage, however, account is taken only of the official wage, which is much lower than the wage actually paid 1 , and the result is that skilled workers, for example, receive a daily sickness allowance of barely 20 per cent, of their actual earnings. Daily allow1 Cf. Chapter II, p. 41. SOCIAL TABLE X I I I . 161* INSURANCE AVERAGE WAGES AND DAILY ALLOWANCES (in drachmae) Daily wage Up to 2,500 2,501-3,500 3,501-4,500 4,501-5,500 5,501-6,500 6,501 and over Average wage Daily sickness allowance 2,000 3,000 4,000 5,000 6,000 7,000 1,200 1,800 2,400 3,000 3,600 4,200 anees are increased by 20 per cent, when the incapacity is due to an accident. Days for which sickness or accident benefit is paid are counted as days of insurance. This applies also as regards the qualifying period required for pension insurance, but only up to a maximum of 350 days. In return for these rights, the daily allowance is subject to a 5 per cent, reduction. In the event of tuberculosis there are special provisions which will be considered later. Funeral expenses are granted, without reference to the wage of the deceased, at a flat rate which at present is 100,000 drachmae. In the other sickness insurance funds, benefits vary greatly. The conditions of benefit include a qualifying period which varies from two to six months and a contribution period of 30 to 60 days. In most cases members of the family are entitled to medical care, but there are funds which exclude them. Some funds grant only medical treatment, but most of them also guarantee medical supplies and hospital treatment. Only about a third of the funds give supplementary assistance to the patient, such as treatment in a sanatorium or asylum. The maximum period of medical care is often unlimited, but some funds impose a limit of between three and four months. Only three funds grant free transport. The organisation of medical treatment varies as between one fund and another, but the most frequent system is by means of doctors engaged by the fund. In the Tobacco Workers' Fund, which is the most important after I.K.A., and in the Bakery Workers' Fund, medical assistance is organised on the same basis as in I.K.A. Most funds give free medical treatment on the payment of a small contribution by the insured person when the patient is a member of the family or in the case of house visits by «162 LABOUR PROBLEMS IN GREECE the doctor. Insured persons are frequently required to contribute towards other expenses. The share borne by the beneficiary varies between 20 and 50 per cent, from one fund to another, and according to whether medical supplies, hospital or sanatorium treatment, provision of appliances, etc., is concerned. For maternity several funds grant the same benefits as I.K.A. ; others grant only a lump sum in cash, and certain others grant no benefit at all. All funds do not give the benefits in cash, but the majority of them, including the most important, grant daily allowances for a period varying between 12 and 26 weeks. Waiting periods vary from two to five days, and sometimes no waiting period at all is imposed. The rate of daily allowance varies between 30 and 60 per cent, of the wage, and in certain funds it is increased when the patient has family responsibilities. Several funds grant a lump-sum payment for funeral expenses. As a result of this variety in the organisation of sickness insurance, it follows naturally that the financial burden of the various benefits differs greatly from one fund to another. It depends to a large extent inter alia on the composition of the membership. Furthermore, even in a single fund, the proportion of expenses allowed for each category of benefit is liable to rapid change, as shown in tables XIV and XV. TABLE XIV. SICKNESS INSURANCE B E N E F I T S OF I . K . A . 1946 January-July 1947 Thousand drachmae Percentage of total benefits Thousand drachmae Percentage of total benefits Medical care Pharmaceutical expenses . Hospital treatment . . . Other benefits in kind . . 3,509,282 2,073,537 4,715,590 1,532,817 15.3 9.0 20.6 6.7 3,108,460 2,545,384 4,325,657 1,651,944 16.2 13.2 22.5 8.6 Total benefits in kind . . 11,831,226 51.6 11,631,445 60.5 Sickness allowances. . . . Maternity benefits . . . . 8,529,601 2,460,818 87,853 37.2 10.8 0.4 5,823,077 1,698,922 63,191 30.3 8.9 0.3 Total benefits in cash . . 11,078,272 48.4 7,585,190 39.5 22,909,498 100.0 19,216,635 100.0 Benefits Total, all benefits . . . . SOCIAL TABLE XV. 163 INSURANCE SICKNESS INSURANCE B E N E F I T S , IN 1946, OF THE TOBACCO W O R K E R S ' FUND AND OF EIGHT OTHER FUNDS Tobacco Workers' Fund Benefits Thousand drachmae Percentage Eight sickness insurance funds Thousand drachmae Percentage Medical care Pharmaceutical expenses . Hospital t r e a t m e n t . . . . Other benefits in kind . . . 526,750 159,614 286,100 109,417 31.7 9.6 17.3 6.6 374,578 191.928 111,420 245,227 27.8 14.2 8.3 18.2 Total benefits in kind . . 1,081,881 65.2 923,153 68.5 342,706 223,700 11,335 20.6 13.5 0.8 364,510 47,694 12,207 27.1 3.5 0.9 577,741 34.8 424,411 31.5 1,659,622 100.0 1,347,564 100.0 Maternity benefits Total benefits in cash . . Total, all benefits . . . . PENSION INSURANCE Insurance against invalidity, old age and death is the most widely dispersed form of insurance in Greece. There are more than 60 main funds, all of which grant pensions, while some, in addition, grant a lump sum on retirement or death. The number of subsidiary funds is even greater than the number of main funds, but about a third of the subsidiary funds grant only lump sums in cases of retirement or cessation of work or invalidity, so that they are welfare organisations rather than social insurance institutions properly so-called. Among the main funds which are under the supervision of the Ministry of Labour, only six have a membership of over 10,000. Three of them insure wage earners, namely, I.K.A., the Tobacco Workers' Fund and the Miners' Fund. Two others insure independent workers, namely, the Artisans' and Small Traders' Fund and the Commercial Workers' Fund. Finally, there is a mixed fund, that of the chauffeurs. Of 44 other main funds, also under the supervision of the Ministry of Labour and set up exclusively for wage earners, 15 have more than a thousand members, 21 less than a thousand but more than a hundred, and eight less than a hundred. The 164 LABOUR PROBLEMS IN GREECE smallest is the Indigent Women's Workroom Fund, which has seven members and eight beneficiaries. Other main funds are under the supervision of ministries other than the Ministry of Labour, the principal ones being those which insure seamen, doctors and chemists, barristers, solicitors, the clergy of the Orthodox Church, mechanics and public works contractors. The most important subsidiary fund is that of the textile workers, which grants pensions. Mention may also be made of the Civil Servants' Provident Fund, although it grants only lump sums. Each fund works independently of the others. When a member transfers from a main fund to another fund there is no guarantee of the maintenance of rights. Act No. 694 of 1947 made it compulsory, in the event of such transfer, to arrange also a transfer of capital. This provision has not been applied, however, so that when a member of one fund transfers to another fund he may suffer loss or, on the contrary, in certain cases enjoy benefits to which he was not entitled. Furthermore, as the result of insured persons being allowed to belong to more than one fund, there are many cases of accumulation of pensions. The operational figures given below are not complete and refer only to those funds concerning which the Mission was able to collect adequate information. As regards funds under the supervision of the Ministry of Labour, total benefits in 1946 amounted to 37,976 million drachmae, made up as follows : 7,763 million for I.K.A. (20.4 per cent.) ; 26,122 million for other main funds (68.8 per cent.) ; 4,091 million for subsidiary funds (10.8 per cent.). As regards funds which are under the supervision of ministries other than the Ministry of Labour, it has been possible to secure information about five institutions only, and these do not include the fund which is numerically the most important, namely, the Seamen's Fund. Moreover, the results shown do not always refer to a financial period coinciding with the civil year. Total benefits for financial periods coinciding as nearly as possible with the civil year 1946, for the five funds in question, amount to 16,961 million drachmae. It is impossible to make an exact estimate of the numbers insured. At the end of 1946 the number of wage earners SOCIAL INSURANCE 165 affiliated and paying contributions to the main funds may be estimated at 370,000—including seamen—and the number of independent workers at 110,000. The number of pensions granted at the end of 1946 exceeded 62,000. More than three quarters of these pensions were paid to wage earners. According to Ministry of Labour figures, the number of pensions currently paid by I.K.A. on 31 December 1946 amounted to 11,778. Provisions concerning I.K.A. were laid down by Act No. 6298 of 1934 and in principle have not undergone any important change, except, of course, as regards the amount of benefits. Benefits include, on the one hand, invalidity, old-age and survivors' pensions and, on the other hand, lump-sum compensation. The grant of a pension is conditional on the completion of a qualifying period of 750 working days, of which at least 300 must have been accomplished in the course of the previous three years. The qualifying period is reduced to 300 working days, of which at least 200 must have been accomplished in the three previous years, in the case of a non-occupational accident. No qualifying period is required in the case of an industrial accident or occupational disease. On the death or invalidity of a member who has not completed the qualifying period, lump-sum compensation is granted equal to one year's pension, on condition that the member has completed 300 working days, of which 200 at least must have been in the course of the previous three years, or in the case of an accident (non-occupational). An invalidity pension is granted to persons who, as a result of illness, injury or bodily or mental infirmity, are unable to earn, in any employment suited to their strength, qualifications, training and customary occupation, more than one third of the wage. The old-age pension is given at 65 years for men and at 60 years for women, on condition that the beneficiary does not continue to earn more than one half the normal wage. In case of death, pensions are granted to widows, orphans and ascendants in the first degree. The widow's pension is granted unconditionally except in the case of the marriage being very recent. A widower is entitled to a pension if he is indigent and disabled, and was supported by his wife, if his wife was an insured person or pensioner. Orphans' pensions are granted to legitimate or adopted children, and to illegitimate children in the case of the decease of their mother, provided the mother 166 LABOUR PROBLEMS IN GREECE was insured or a pensioner. Under certain conditions, they are granted to grandchildren and to stepchildren. The orphans' pension is granted until the age of 16 years, but it may be prolonged in the case of students or invalid children. The father and mother are entitled to a survivor's pension, if previously supported by the deceased insured person, if they lived with him, and also on condition that the total of pensions to other survivors does not exceed the amount of the deceased person's pension if there is a widow (or a widower), or does not exceed 60 per cent, of the total pension of the deceased person if there is no widow. The annual invalidity or old-age pension before the war was composed of a basic amount of 3,000 drachmae and of increments depending on the number of days' work accomplished in the various wage classes. Insured persons were divided into eight wage classes. For an insured person who had worked 300 days in the year the amount of the pension was as follows : TABLE X V I . AMOUNT OF P E N S I O N S Daily -wage (drachmae) Wage class Annual pension (drachmae) after 3 from 10 20 30 j 40 to y e a r s ' insurance (1 year =. 300 d a y s ' work) I II III IV V VI VII VIII 30 60 90 130 170 210 250 29 59 89 129 169 209 249 3,125 3,450 3,900 4,350 4,800 3,450 4,500 6,000 7,500 9,000 3,810 5,700 8,400 11,100 13,800 4,305 7,350 11,700 16,050 20,400 4,890 9,300 15,600 21,900 28,200 5,565 11,550 20,100 28,650 37,200 6,330 14,100 25,200 36,300 47,400 7,320 17,400 31,800' 46,200 60,600 Fixed as a percentage of the average wage, the invalidity or old-age pension ranged from 9 per cent, in class VIII after three years' insurance, to 107 per cent, in class I after forty years of insurance. The annual amount of the invalidity pension could not exceed the wage of the insured person during the last twelve months of work. In the event of an industrial accident or an occupational disease, the pension could not be less than 40 per cent, of the most recent wage. The amount of the pension was increased by 50 per cent, when the beneficiary was totally SOCIAL 167 INSURANCE disabled and when he permanently needed the assistance of a third person. The amounts of survivors' pensions were fixed at certain percentages of the invalidity pension : in the case of a widow's or widower's pension at 40 per cent., in the case of the pension of an orphan of one parent at 20 per cent., and of an orphan of both parents at 40 per cent. The total pension granted to widow and children combined was not to exceed the invalidity pension. The total orphans' pensions when no widow's pension was granted could not exceed 60 per cent, of the invalidity pension. The amount of pension for father and mother was 20 per cent., but the total of all survivors' pensions was not to exceed 100 per cent, (including widow's pension) or 60 per cent, (not including widow's pension) of the invalidity pension. The original Act provides for the possibility of adapting wage classes to new conditions by means of a decision of the Cabinet in the event of any important variation in the costof-living index. It also provides for adjusting the actual amount of pensions, including the amount of current pensions. In 1939, pensioners received an additional pecuniary grant on the TABLE XVII. From 1 J u n e 1942 1 August 1942 1 October 1943 1 J u n e 1944 1 J u l y 1944 1 August 1944 21 September 1944 CHANGES IN AMOUNT OF PENSIONS Former administrative district of the capital Other districts (drachmae) (drachmae) 2,500 4,500 57,000 210,000 420,000 840,000 2,500,000 5,600,000 40,000,000 600,000,000 3,000,000,000 2,000 4,000 50,000 150,000 300,000 600,000 1,800,000 3,600,000 28,800,000 432,000,000 2,160,000,000 occasion of the festivals of Easter and Christmas. This system was completely shattered by the inflation consequent on the war and the occupation. Attempts have since been made, by a series of decrees, to adapt the rates of pension to the situation. 168 LABOUR PROBLEMS IN GREECE Table XVII gives an idea of the changes in the amount of pensions below 1,000 drachmae. After the liberation and the currency reform of 11 November 1944, pensions were readjusted. At the moment, the invalidity or old-age pension is calculated as follows : the amount is first calculated in " pre-war drachmae ", according to the provisions of the original Act, on the basis of wages actually received before 1 May 1941 and, for later periods, on the basis of the wage which the insured person was receiving on 1 May 1941 or would have been receiving at that date. The preliminary amount thus calculated is then adjusted to the existing situation on a scale fixed by a joint decision of the Ministers of Labour and Finance, under Act No. 19 of 1941. The scale in force since 1 January 1947 is as follows : Monthly pension in pre-war draclunae Up to 501— 1,001— 1,501— 2,001— 2,501— Pension paid since 1 January 1947 500 1,000 1,500 2,000 2,500 3,000 57,000 63,000 69,000 88,000 100,000 107,000 11,001—11,500 11,501—12,000 12,001 and over 263,000 270,000 275,000 The total pension granted to the survivors of a deceased insured person is fixed at a certain percentage of the invalidity pension which the deceased was receiving or would have received. This percentage varied between 60 and 100 per cent, according to the number of beneficiaries. From 1 February 1947, an extra supplementary payment of 50,000 drachmae has been granted monthly to each pensioner, under a special decision which is taken each month. A beneficiary may not receive more than one of these supplementary grants. 1 When the invalidity is due to an industrial accident or an occupational disease, a special allowance is granted, the 1 Since 1 December 1947 a new scale has been in operation and the extra supplement has been abolished. The new scale begins at 125,000 drachmae (for pre-war pensions of under 500 drachmae) and goes up to 480,000 drachmae (for pre-war pensions of over 12,000 drachmae). In certain circumstances funds will be enabled to make additional payments in respect of the members of the beneficiary's family. SOCIAL 169 INSURANCE amount of which varies according to the degree of invalidity. For a degree of invalidity of 66 to 84 per cent, the monthly allowance is 30,000 drachmae ; for 85 to 99 per cent. 60,000 drachmae ; and for 100 per cent. 100,000 drachmae. In 1940, war victims were put on the same footing as victims of industrial accidents, subject only to the condition that the person concerned should have been insured for at least forty days. For the purposes of this calculation, social insurance pensions were reduced by the amount of State pensions granted to war victims. This latter clause was repealed in 1943. Special supplementary grants are made in the case of tuberculosis, as will be shown later. As a result, on the one hand, of the increase in the number of pensioners and, on the other hand, of the considerable increase in the amount of pensions, the total of benefits granted shows a very great advance. In 1946, total benefits amounted to 7,769 million drachmae. It is certain that the figure for 1947 will prove to be more than double this amount, as is shown by the sums paid during the first seven months of 1947, as follows : Drachmae Old-age pensions Invalidity pensions Survivors' pensions Lump-sum compensation 2,031,286,008 3,016,457,659 4,550,564,165 78,920,620 In other funds, the conditions for the grant of benefits are not always fixed by special Acts, since in the majority of cases they are established either by ministerial decisions or by the rules of the funds themselves. The qualifying period varies not only from one fund to another, but also within the same fund, according to the nature of the pension and even according to the class of the insured person. For old-age pensions the period varies between three and thirty years. For invalidity pensions certain funds require no qualifying period ; in others, the period varies and may be as long as twenty years. For survivors' pensions, the qualifying period varies between two and fifteen years. The qualifying period for the granting of lump-sum compensation also varies considerably. The duration of the qualifying period would seem to be fixed in the various funds in a somewhat arbitrary manner, and not to be linked with a greater or less degree of hardship in the work of the insured persons : thus, a qualifying period of thirty years' service is required for the grant of the 170 LABOUR PROBLEMS IN GREECE old-age pension in the Miners' Fund. The majority of funds allow members to redeem their rights for periods of service previous to their entry into the fund by special payments. The conditions for these payments vary greatly as between the various funds. The age for granting the old-age pension is fixed in the majority of funds at 60 years, but many funds grant the pension before that age. The fund for representatives and employees of workers' and other occupational organisations grants a pension to certain categories of its members at 40 years of age, after the completion of three or five years of service. In the event of the death of the insured person, the heirs include, in all funds, the widow and legitimate or legitimised children. The widow's pension is given unconditionally, subject to a minimum duration of the marriage. Most funds grant pensions to the father and the mother of the member, and some grant pensions to illegitimate children. Many funds also recognise other assigns, such as the widower, grandchildren, brothers and sisters, sons-in-law, daughters-in-law, and grandparents. In almost all cases, the grant of benefits to such assigns is subject to various conditions, e.g., cohabitation, the fact of having been dependent on the deceased, or the fact that there is no widow's or orphan's pension involved. The age limit up to which orphans' pensions are granted varies as between funds, from 15 to 30 years. It may differ within the same fund according to the sex of the orphan. In certain cases, a female orphan may be entitled -to the pension without any age limit so long as she remains unmarried. Pensions are calculated on very different systems, among which two main groups can be distinguished : (a) the pension is composed of a fixed sum and of an increment dependent on the duration of the insurance and on the wages of the insured person ; (b) the pension is fixed at a percentage of the most recent wage (or of the average wage calculated over a short period preceding the grant of the pension), such percentage being dependent on the duration of the insurance. Generally speaking, pensions are calculated according to provisions laid down before the inflation and are then adjusted to existing currency conditions by means of the scale adopted for the purpose of I.K.A. pensions. The extraordinary supplementary grant of 50,000 drachmae per month mentioned in the case of SOCIAL 171 INSURANCE I.K.A. applies also to pensioners of other funds. The amount of the lump sums varies according to the duration of insurance and to the wage of the insured persons, but in certain funds it is subject to a maximum or minimum limit. TUBERCULOSIS BENEFITS In Greece, tuberculosis has always been the most serious social disease. According to the " Statistics of Causes of Death ", published by the Ministry of National Economy, the percentage of deaths from tuberculosis in 1933 and in 1934 was as follows : TABLE XVIII. PERCENTAGE OF DEATHS IN 1933 AND 1934 Form of tuberculosis Other Total FROM TUBERCULOSIS 1933 j 1934 Coun- Towns 1 State Coun- Towns try try State 4.8 1.1 12.6 3.3 7.2 1.8 5.3 1.4 12.2 3.1 7.7 2.0 5.9 15.9 9.0 6.7 15.3 9.7 Before the war, the total number of cases of tuberculosis in the country was estimated at between 90,000 and 100,000. During the war and particularly during the occupation, the situation became really tragic. After the end of the war, the Rizarion Radiographic Centre at Athens examined 27,460 men and 6,511 women, all apparently healthy, taken from different occupational categories of the urban population. This examination showed 1,091 clinically significant cases, of whom 900 were men and 191 women, or 3.28 per cent. for the men and 2.93 per cent, for the women. Of the 1,091 cases observed, 758 required medical treatment and 333 had to be kept under observation. The cases examined were divided into 607 slight, 416 moderately advanced and 686 far advanced. Thus the social insurance funds, and I.K.A. in particular, were faced with a serious situation. In the campaign against tuberculosis, the legislature appealed to the social insurance institutions. Under a Ministerial Decree of 1943, all persons 172 LABOUR PROBLEMS IN GREECE suffering from tuberculosis are entitled to all the benefits, in kind and in cash, of sickness insurance, provided that they have completed at least 250 days' work since entering insurance. In the case of I.K.A., the same advantages are granted to insured persons who have already received the lump-sum compensation paid as pension insurance. In the event of tuberculosis, the duration of the daily allowance was at first extended to 360 days, and then so prolonged that in practice it became unlimited. Nevertheless, the measures at present in force were officially prescribed only until 31 December 1947. In the event of tuberculosis, the daily sickness allowance is increased by 20 per cent, so that it becomes 72 per cent. of the basic wage. In addition, the tuberculous patient receives a grant of 1,300 drachmae per day to take the place of the food allowance which was distributed by I.K.A. during the occupation. All insured persons suffering from tuberculosis are entitled to medical and supplementary assistance. The maximum duration of hospital treatment is prolonged in their case to two years, and to three years in the case of bone tuberculosis. Treatment in sanatoria is infrequent, owing to the lack of beds and of financial resources. In April 1947, I.K.A. was treating 200 tuberculous patients in sanatoria or in other institutions. The conditions for granting the invalidity pension do not differ if the invalidity is due to tuberculosis. The amount of the pension, however, is increased by a monthly sum, which averages 80,000 drachmae. In the case of I.K.A., this sum is fixed at 69,000 drachmae, but in addition the pensioner receives 39,000 drachmae per month, which corresponds to the financial assistance of 1,300 drachmae per day granted under the sickness insurance scheme.1 An annual lump sum is granted to each tuberculous person in receipt of a pension, for the purpose of taking an open-air cure. In 1945, this sum ranged between 120,000 and 200,000 drachmae. According to estimates made by the Ministry of Labour for April 1947, the number of tuberculous patients in receipt 1 According to a decision of the Minister of Labour (December 1947) the funds are authorised to pay tuberculous pensioners a supplement varying with their economic situation, but not exceeding 100,000 drachmae per month. SOCIAL INSURANCE 173 of sickness insurance benefits was 5,000 (of whom 4,800 were beneficiaries of I.K.A.). The monthly total expenditure was 535 million drachmae (420 million drachmae for I.K.A.) in sickness insurance. In pension insurance there were 4,000 tuberculous invalids, of whom 650 were in I.K.A. and 1,050 in the Tobacco Workers' Fund. The comparatively small number of tuberculous cases receiving I.K.A. pensions is explained by the fact that many of them have not completed the qualifying period for a pension and consequently continue to receive sickness insurance benefits. UNEMPLOYMENT INSURANCE Unemployment insurance covers wage earners in industrial, mining and commercial undertakings, those employed by artisans or small traders, and those in undertakings belonging to limited liability companies and to public utility undertakings. It does not cover wage earners in agricultural, forestry or fishing undertakings, or bank employees. There is far less diversity in this branch of insurance than in the other two. Act No. 118 of 1945 1 introduced the system of unemployment insurance and set up the Unemployment Insurance Fund. The Legislative Decree of 8 May 1946 permitted the transfer to the Unemployment Insurance Fund of the unemployment funds already existing in other institutions. Hence, the unemployment branches of the fund for flourmill workers and wage earners in macaroni factories and of the fund for cinematograph undertakings were transferred to the Unemployment Insurance Fund, and arrangements are being made for the transference of the unemployment branches of other funds. Acts Nos. 817 and 947 of 1946 extended the application of Act No. 118 of 1945 to metal mines and lignite workings ; but for the wage earners in these undertakings unemployment insurance was entrusted to the Miners' Fund. Among other occupational categories not covered by the Unemployment Insurance Fund are tobacco workers (i.e., workers handling leaf tobacco), who, for the purpose of unemployment insurance, are affiliated to their own institution, the Tobacco Workers' Fund. Similarly, the staff of the daily and periodical 1 Cf. L.S., 1945, Gr. 1. 174 LABOUR PROBLEMS IN GREECE press is insured against unemployment with three small funds (two at Athens and one at Salónica). For seamen, there is a special fund under the control of the Ministry of the Mercantile Marine, but this is a welfare fund rather than an insurance institution. Unemployment allowances granted under Act No. 118 of 1945 are paid, in the case of workers, from the sixth day following the unemployed person's notification to the Fund and, in the case of salaried employees, from the eleventh day. To qualify for these allowances unemployed persons must fulfil one or other of the following conditions : (a) they must have worked in the undertakings covered by insurance on the date of the promulgation of the Act (13 February 1945); (b) they must have completed at least 270 days' work in the undertakings covered by insurance after the entry into force of the Act ; or (c) they must have completed at least 270 days' work between 1 January 1940 and the entry into force of the Act in the undertakings covered by insurance, even though no labour contract bound the insured person to the undertaking at the date of the entry into force of the Act. These unemployed persons, however, were required to register with the Unemployment Insurance Fund within a time limit of sixty days from the entry into force of the Act. This time limit might be prolonged by one month by decision of the Minister of Labour, and under Act No. 564 of 1945, the Minister of Labour was empowered to grant a further extension of twenty days for registration. The original Act placed no limit on the duration of the unemployment allowance. The Legislative Decree of 8 May 1946 introduced a maximum of nine months, which was reduced to three months in certain exceptional cases. The Minister of Labour is, however, authorised to double these maximum periods. In the case of unemployed persons who were drawing the allowance before the maximum was introduced, the allowance is considered to have begun on 1 May 1946. The amount of allowances is fixed at a percentage of the minimum daily wage in the job in question in the case of a SOCIAL INSURANCE 175 wage earner, and at a percentage of the minimum monthly salary in the case of a salaried employee. The rates are as follows : 50 per cent, for salaried employees in undertakings covered by insurance at the time of the promulgation of the Act (condition (a) above) ; 40 per cent, for other salaried employees (conditions (b) and (c)) ; 40 per cent, for wage earners employed in undertakings covered by insurance at the date of the promulgation of the Act (condition (a)) ; and 30 per cent, for other wage earners (conditions (b) and (c)). By decision of the Minister of Labour, these percentages may be replaced by flat-rate payments fixed for a category of wage earners taken as a whole. Days for which unemployment allowance is granted are taken into account for the purposes of pension insurance and sickness insurance by the fund or funds of which the insured person is a member, without any corresponding contribution either by the insured person or by the Unemployment Insurance Fund. The receipt of a pension or of daily sickness benefit entails suspension of the unemployment allowance except in the case of allowances for pregnancy, maternity or nursing. If, however, the unemployment allowance is the higher of the two, the insured person receives the balance. Insured persons are entitled to unemployment benefits only if they have left their work involuntarily. Employers are required to declare in writing, to the Unemployment Insurance Fund, and to the employment office of their district, any termination of a contract of employment, under penalty of such termination being declared null and void. When the employment office is unable to find suitable employment for the insured person whose contract has been terminated, the Unemployment Insurance Fund is required to pay unemployment allowance. An unemployed person may refuse employment offered to him by the employment office only if such employment is not in accordance with his training or with his physical and intellectual qualifications, or when, in view of his family circumstances, it would involve an impracticable removal. Allowances are suspended in the event of the resump- 176 LABOUR PROBLEMS IN GREECE tion of work (independent or wage-paid or salaried) but are resumed if such work comes to an end. At least 50 per cent, of unemployed persons placed by the employment offices must be chosen from beneficiaries of the Unemployment Insurance Fund. The above provisions apply not only to the Unemployment Insurance Fund but also to the unemployment branch of the Miners' Fund. Conditions for the grant of unemployment allowances, and the amount of such allowances for insured persons in other funds, vary considerably. In the Tobacco Workers' Fund, an allowance of 40 per cent, of the wage is paid on condition that the insured person has accomplished a minimum period of work ; such period is fixed yearly, account being taken of the level of employment in the various centres where tobacco is handled. In the funds for press workers, the allowances are also payable after a minimum duration of work ; further, they are paid not only in the event of unemployment but also in the event of wage reductions. The maximum duration of unemployment allowances is from four to six months, but this can be prolonged. There is also an unemployment branch in the fund for marine agents and their employees. The revenue of this branch is derived from a tax on goods delivered in the ports, and benefits are paid not only to wage earners but also to employers when out of work. In 1946, total unemployment benefits reached the following figures : Drachmae Unemployment Insurance Fund Tobacco Workers' Fund Press Funds Compositors' Fund Flourmill Workers' Fund (before transfer) Total 4,501,885,000 . . 1,209,049,000 220,281,000 61,123,000 19,786,000 6,012,124,000 The number of beneficiaries of the Unemployment Insurance Fund during 1947 was as shown in table XIX. It should be noted that the number of beneficiaries will show a decline from 1 November 1947, which date marks the expiry of the maximum period of eighteen months in the case of beneficiaries who were in receipt of allowances before 1 May 1946, since, as stated above, the maximum period is deemed to have begun on 1 May 1946. SOCIAL TABLE XIX. NUMBER OF BENEFICIARIES INSURANCE DURING At the end of February March. . April . . May. . . June . . July . . August . September 1,496 1,529 1,584 1,601 1,615 1,630 1,630 1,655 OF UNEMPLOYMENT 1947 Athens - Piraeus Em- I Workers ployees I Total 5,748 5,762 5,911 5,889 5,867 5,921 5,972 5,958 177 INSURANCE 7,244 7,291 7,495 7,490 7,482 7,551 7,602 7,613 Other offices Workers 1,539 1,661 1,680 1,997 1,969 2,038 1,099 p i^ e s Total 168 1,707 169 1,830 177 1,857 172 2,169 162 2,131 165 2,203 112 1,211 Resources The greater part of the resources of Greek social insurance is derived from the contributions paid by insured persons and by employers. The amount of the contribution is determined either as a percentage of the wage or as a fixed sum. Contributions are paid to social insurance institutions by the employer in the case of a wage earner, and by the insured person himself in the case of an independent worker or of a person who continues to make payments to the insurance fund on a voluntary basis. When part of the contribution is to be paid by the insured person, such part is deducted from the wage by the employer. The State takes no direct part in the financing of social insurance. In certain cases, however, the State has granted subsidies to funds which were in difficulties after the war. On the other hand, many funds include among their resources taxes or dues known as " social taxes ". These taxes were introduced by several special Acts which, at the same time, entrusted the collection of them to the insurance funds concerned. In the Greek system the social taxes constitute that part of the resources of funds which is not derived from the income of insured persons or employers, but which is imposed on others, often on the population as a whole. These taxes are collected not for the benefit of social insurance funds in general, but for the benefit of insured persons who are members of funds which have the privilege of collecting them. 178 LABOUR PROBLEMS IN GREECE R A T E S OF CONTRIBUTION The rates of contributions, and their distribution between the employee and the employer, vary not only from one institution to another, but sometimes also within the same fund, according to different criteria. It is impossible to give any general rule, for in many cases contributions are fixed in so arbitrary a manner that it is difficult to relate them either to the nature of the benefits granted or to the economic situation of the fund. Thus, the Tobacco Workers' Fund collects a general contribution of 12 per cent, for the sickness, pension and unemployment branches and, on 31 December 1946, it showed a deficit of 4,469 million drachmae. The A.S.O. Staff Fund (Raisin Office) collects a contribution of 31.5 per cent, for the sickness and pension branches, and its net assets on 31 December 1946 were 173 million drachmae. (The total number of its insured members at the same date was 1 per cent, of the insured members of the Tobacco Workers' Fund.) It might be supposed that the differences in contributions arise from differences in the financial system of the various funds, but under present conditions, when the reserves built up before 1945 have been practically wiped out by the inflation, it can hardly be argued that the financial systems are in any way responsible for these variations. In I.K.A. contributions were fixed by the original Act at 4 per cent, for the sickness branch and 3.6 per cent, for the pensions branch, these percentages being calculated on the average wages of eight wage classes. The contributions were payable as to four tenths by the workers and as to six tenths by the employers. The original Act provided that the contribution should be progressively increased in the pensions branch, as follows : 4.8 per cent, of the wage from 1 January 1940 ; 6.6 per cent, from 1 January 1945 ; 7.6 per cent, from 1 January 1948; and 8.0 per cent, from 1 January 1951. The object of this progressive increase in contributions was to secure actuarial equilibrium according to the system of average premium. The whole structure of the system was destroyed by the war, the occupation and the resulting inflation. At the present time, contributions to I.K.A. are established as follows : the worker pays 1 per cent, for sickness and 1 per SOCIAL 179 INSURANCE cent, for pensions ; the employer pays 5 per cent, for sickness and 3 per cent, for pensions, making a total of 10 per cent. Contributions have to be calculated as a percentage of wages actually paid. It often happens that the employer bases his calculations of the contribution not on actual wages but on the wages fixed by the Minister of Labour. This is an abuse which I.K.A. does its best to prevent, though it is often difficult to do so. Under Cabinet Decree No. 92 of 1946, in the case of persons employed in public administrations, or of State wage employees who are members of I.K.A., the share of the contribution chargeable to the employer is reduced from 8 to 3 per cent, without any change in the benefits. In the Unemployment Insurance Fund, contributions are fixed at 10 per cent, of wages and are payable solely by the employer. Nevertheless, the Minister of Labour is empowered to reduce the percentage below 10. In practice, from 1 October 1947, contributions to the Unemployment Insurance Fund are fixed as follows : TABLE X X . CONTRIBUTIONS TO T H E UNEMPLOYMENT INSURANCE FUND Former Districts administrative of Macedonia district and Eastern of the capital Thrace Undertakings Other districts percentage Commercial Limited liability companies Artisans and small traders . 10 10 10 4 4 5 3 3 2 4 5 5 5 2 4 In addition to normal contributions, the employer is bound, in the event of termination of the contract of employment of any worker who was drawing an unemployment allowance when engaged, to pay a contribution equal to one day's wage for each six days' work, up to a maximum of 30 days' wages for wage earners and two months' pay for salaried employees. In table X X I are given a certain number of contribution rates for various branches and various categories of funds. 180 LABOUR PROBLEMS IN GREECE TABLE X X I . CONTRIBUTION RATES FOR VARIOUS BRANCHES AND CATEGORIES OF FUNDS Insured person Fund Employer percentage Main funds : sickness insurance : and pension Fund of the staff of the Ionian Bank Flourmill Workers' F u n d Piraeus Dockers' Fund A.S.O. Staff Fund Pottery Workers' Fund Evangelismos Hospital Fund . . . Main pension railwaymen : insurance funds insurance funds insurance 6 4 5 4 5 6 5 10 5 5 5 4 3 4 6 4 3 5 12 for National Bank, Mortgage Bank and Bank of Greece Bank of Athens Popular Bank Bank of Chios Agricultural Bank Other main pension for wage earners : 7 8 6 21 4 3 for Electric Railways State Railways, Larissa Branch . . Attica Railways S.E.K. Railway (Macedonia-Thrace) Pyrgos and Katakolon Railway . . S.P.A.P. (Piraeus-Athens-Peloponnesus) Thessaly Railways Northern Greece Railways . . . . Franco-Hellenic Railways Tramways and Electricity Works of Salónica Main pension bank staffs : 7 6 6 0.5 4 3 5 6 4.5 6 8 10 7 4.5 6 8 funds Staff of t h e Company for the administration of articles under monopoly Staff of the Athens-Piraeus Electric Company and of the Hellenic Electricity Co Staff of t h e Athens Gas Company . Staff of the Indigent Women's Workrooms Staff of the Warehousing Company . Staff of the Corinth Canal . . . . 10 6 8 6 11 5 7 5 5 7 5 SOCIAL 181 INSURANCE Insured person Employer Total percentage Other main pension insurance for wage earners (continued): funds Staff of the Hellenic Powder Mills Company Staff of the Chambers of Commerce and Industry Staff of the Athens newspapers . . Staff of the Piraeus Gas Company . Typesetters and wage earners in the printing industry Employees and editors of Salónica newspapers Newsvendors and wage earners in newspaper distributing agencies in Salónica Staff of Dockers' Funds Staff of the Greek Telephone Company Staff of agricultural co-operatives . Miners' Fund Staff of " The National Insurance Company " Dockers of Kalamata Subsidiary pension insurance for wage earners : 6 6 12 6 5.5 6 6 12 12 18 6 12 1.5 5 2.5 10 6 6 1 5 2 5 2 10 5 4 12 10 6 7 3 7 3 14 6 5 10 15 2 4 6 3 4 3 3 2 6 3 3 5 10 6 6 3 3 6 funds Staff of cement factories Staff of chemical products factories Staff of social insurance institutions Staff of commercial establishments Electro-technicians Textile workers Representatives and employees of workers' and occupational organisations In the case of funds for independent workers and of mixed funds, contributions are often at a flat rate. In the Artisans' and Small Traders' Fund, for example, the monthly contribution is, in principle, 12,000 drachmae, but this is reduced to 8,000 for members with moderate incomes. In the Commercial Fund the monthly contribution is on a scale ranging from 10,000 to 15,000, 20,000, 25,000 and 30,000 drachmae. In the Chemical Workers' Fund, which is a mixed type of subsidiary 182 LABOUR PROBLEMS IN GREECE fund, the monthly contribution is 6,000 drachmae for an independent worker and 7,000 drachmae for a wage earner, of which sum 4,000 drachmae is payable by the employer. SOCIAL TAXES The social taxes form a very complicated structure. In the case of funds under the control of the Ministry of Labour, it has been possible to collect information relative to the year 1946 concerning 61 main funds (including I.K.A. and thè Unemployment Insurance Fund), of which 30 collected social taxes, and also concerning 40 subsidiary funds, of which 15 collected social taxes. Social taxes are also collected by funds under the control of other ministries, but it should be pointed out that they are not found either in I.K.A. or in the Unemployment Insurance Fund. The social taxes are drawn from widely varying sources. They are levied on tobacco, salt, grain, yeast, alcohol, lignite, coke, gas, electricity, petrol, tyres, newspapers, railway tickets, transport of goods, etc. For greater detail, the following cases may be cited : Flourmill Workers' Fund . Bakery Workers' Fund . . Miners' Fund Tobacco Workers' Fund . . Chauffeurs' Fund S.P.A.P. Railwaymen's Fund Fund for the staff of the tramways and electricity works of Salónica . . . . 20 per cent, of the milling tax. 22.5 per cent, of the milling tax. 50 drachmae per kg. of salt and 2 per cent, of the selling price of lignite. 4 per cent, of the tobacco tax and 1,000 drachmae per kg. on the revenue from the tobacco industry. 50 drachmae per kg. of petrol ; 200 drachmae per kg. of rubber tyres; and 100 drachmae per kg. of synthetic tyres. 9 per cent, of the cost of passenger tickets and of freight charges. 3 per cent, of the price of tram tickets ; 10 per cent, of the price of electric current. All imported goods, except grain, maize and certain others, are subject to a 2 per cent, tax, of which three quarters are allocated to the Artisans' and Small Traders' Fund and one quarter to the Commercial Fund. Each social insurance institution must pay one half per cent, of its revenue to the fund for the employees of social insurance institutions (of which the officials SOCIAL INSURANCE 183 of the Ministry of Labour are also members). It must also pay the same percentage of its revenue to the fund for the representatives and employees of workers' and occupational organisations. This fund also receives part of the compulsory trade union contribution. 1 There is a great difference in the amount of the resources which the social taxes represent for a given fund : in several funds social taxes constitute an income higher than that from contributions. The relation of the resources derived from social taxes to those derived from contributions, in the case of certain funds, is shown below for the financial period 1946 : F u n d for : Actors, authors, musicians and theatrical technicians Representatives and employees of workers' and occupational organisations Chauffeurs Marine agents and employees of marine agencies . Exchange agencies, stockbrockers and their employees on the Athens Stock Exchange . . . . Miners Chemical workers Athens press workers Kalamata dockers Staff of cement factories Artisans and small traders Persons engaged in commerce Staff of social insurance institutions Flourmill workers Butchers' employees Thessaly Railways Northern Greece Railways Percentage 2,426 1,973 1,427 1,387 977 540 426 336 325 251 247 202 165 164 155 152 135 In other funds, the social taxes, while not providing more income than contributions, are none the less considerable. Thus, in 1946, in the four funds mentioned below, social taxes represented the following percentages of contributions : Percentage Bakery Workers' Fund Pottery Workers' Fund A.S.O. Staff Fund Tobacco Workers' Fund 2 94 72 44 19 In 1946, in the 45 funds which collected social taxes the total of such taxes amounted to 20,487 million drachmae, as 1 See Chapter VI, p. 257. By Decree No. 421 of 21 October 1947 a new social tax was imposed in favour of this fund, namely, 2,000 drachmae per kg. on the proceeds of products of the tobacco industry subject to taxation. Of this sum the fund is compelled to use one half towards the payment of its debt to the State. 2 184 LABOUR PROBLEMS IN GREECE against a total of 18,167 million drachmae for contributions. In all, therefore, the social taxes represented 113 per cent, of contributions and thus constituted the largest proportion of the resources of these funds. In the 101 funds mentioned above, receipts in 1946 were derived as follows (in thousands of drachmae) : TABLE XXII. RECEIPTS FROM 101 FUNDS IN 1946 Subsidiary funds Total Source Main funds Contributions Social taxes Investment income . . . Various receipts . . . . 80,746,722 19,162,929 5,512,838 1,750,709 12,200,067 1,324,262 322,263 176,919 92,946,789 20,487,191 5,835,101 1,927,628 Total . . 107,173,198 14,023,511 121,196,709 For these funds, taken as a whole, contributions accounted for 76.7 per cent, of total resources, social taxes for 16.9 per cent., investment income for 4.8 per cent, and various receipts for 1.6 per cent. Investment income was naturally inconsiderable because of the almost total destruction of financial reserves as the result of inflation. Among " various receipts " are receipts from the sale of administrative forms and receipts from fines inflicted for breaches of the Social Insurance Acts. Several funds collect entrance fees, and also fees on marriage, which are negligible, amounting to little more than entrance fees. In I.K.A. in 1946 the total revenue was 36,287 million drachmae, of which 99.25 per cent, come from contributions, 0.36 per cent, from inve tment income and 0.39 per cent, from various receipts. For the same financial period, receipts for the Unemployment Insurance Fund were 13,311 millón drachmae, of which 99.47 per cent, came from contributions, 0.42 per cent, from investment income and 0.11 per cent, from other sources. It will be seen that in these two funds, which are the largest in the country, almost the entire revenue came from contributions. Administration Greek social insurance institutions possess legal personality. They are autonomous and under the general supervision of the Minister of Labour for the most part, although some are under SOCIAL INSURANCE 185 the supervision of other Ministers. At the head of each fund is a board of directors, composed of representatives of the insured persons, of the employers in the case of a wage earners' fund, and of civil servants or experts. The composition of the board of directors is determined either by an Act or by the rules of the fund. In the case of most funds the chairman is an official of the Ministry which supervises the fund, and the Minister of Finance is represented on the board of directors of several funds. Certain funds also possess subsidiary committees, regular or extraordinary, and local administrative committees exist in the local offices of the funds. Naturally the internal administration and organisation of services varies as between one fund and another, so that it is impossible to give a detailed description of them. Generally speaking, apart from certain rare exceptions, the services of each institution work independently of the corresponding services in other institutions. Thus it often happens that the same work is done in more than one fund. In I.K.A. contributions are collected on the stamp system. Each member must have an insurance book, which he must hand to his employer when he enters his service. This book contains a description and a photograph of the member and his registration number. On the following pages the employer sticks stamps equivalent to contributions for a given wage period (a week, a fortnight, a month). In addition, the employer must record in the insurance book the beginning and the end of each wage period, the number of working days and the total wage. When all the leaves have been filled up with stamps, the book is replaced by another one with the same registration number. Returned books are placed in the member's file and preserved by the district office. In actual practice, the number of registration numbers for insurance books issued up to the end of 1939 exceeded half a million, although the number of insured persons must have been considerably less. It is therefore to be presumed that certain insured persons possessed two or more insurance books under different numbers, a situation which naturally causes serious administrative difficulties. This state of affairs inevitably became worse during the war, and at the present time the system is operated only with great difficulty. Insurance stamps can be bought at the private banks with which I.K.A. has contracts. Each employer has a stamp purchase book and every purchase is entered as a receipt. A copy of this receipt is also sent by the bank to I.K.A., which draws up 13 186 LABOUR PROBLEMS IN GREECE a statement for each undertaking. In addition, the control is strengthened by a legal provision which requires employers who employ more than three wage earners to keep wage lists. The system of collecting contributions is different in the case of dockers and of State employees. In the latter case, contributions are paid directly to I.K.A., and I.K.A. itself makes the entries in the insurance books. Every insured person who claims sickness benefit must submit a sickness book. This book is issued on request to any insured person who has completed the qualifying period for sickness benefits. It contains a photograph and is valid for the period for which the insured person is covered as regards sickness insurance, by virtue of previous employment. It can be either prolonged or renewed. In it are entered medical consultations, prescriptions, etc. All benefits granted, except medical consultations and medical supplies, are also entered on the individual files kept by the benefits service of each district office. Another sickness book is issued to members of the insured person's family, containing the photographs of all the persons entitled to benefit. Benefits in cash are paid by the banks. The pensioner is supplied with a special book, in which the bank enters the payments it makes, after verifying them on a list communicated to it by I.K.A. Generally speaking, cash sickness benefits are paid by means of a special order for payment. The system described above is in many ways inconvenient for the insured person. The procedure for obtaining cash benefit is complicated. The insured person must : (1) apply to I.K.A. for a sickness book ; for this purpose he must submit his insurance book, which is temporarily handed to him by his employer ; (2) return to I.K.A. after several days to procure his sickness book ; (3) go to the dispensary for medical consultation ; (4) go to I.K.A. to draw the order of payment for benefits in cash ; and (5) go to the bank to draw the benefit itself. As regards other funds, most of those which cover the wage earners of several undertakings also use insurance books and also, very often, the system of stamps. In principle, each fund must keep a register of its insured members and must prepare a balance sheet of contributions and benefits. It must also supervise the collection of contributions and the payment of benefits. The Unemployment Insurance Fund keeps no register of insured persons. In case of need it has recourse to the insurance books of I.K.A. or to those of the main funds. SOCIAL INSURANCE 187 But the Unemployment Insurance Fund possesses all the other services for the collection of contributions and payment of benefits. These services operate independently of the similar services of the other funds and, in particular, of I.K.A. This lack of liaison shows up very clearly when a comparison is made between revenue from contributions, for the same period and for the same districts, to I.K.A. and to the Unemployment Insurance Fund. Administrative costs vary as between one fund and another. This is only to be expected, in view of the fact that all the funds do not carry the same branches of insurance. Below is given a summary of administrative costs (a) for the financial period 1938-1939 for a group of 134 funds, some of which were not under the supervision of the Minister of Labour, and (b) for the financial period 1946, for a group of 101 funds, all of which were under the supervision of the Minister of Labour. 134 funds 101 funds 1938-1939 1946 (million drachmae) Receipts Contributions Expenses Benefits Administrative costs 2,106 1,183 1,227 1,036 102 121,197 92,947 81,103 69,956 9,847 Administrative costs thus amounted to the following percentages of the total : Receipts Contributions Expenses Benefits 134 funds 101 funds 4.8 8.6 8.3 9.8 8.1 10.6 12.1 14.1 The figures for the two periods are not directly comparable ; nevertheless, it is clear that administrative costs, have considerably increased. Below are shown, for the financial period 1946, the separate figures for I.K.A. and for the Unemployment Insurance Fund : T fr A Unemployment Insurance Fund (million drachmae) Receipts Contributions Expenses Benefits Administrative costs 36,561 36,287 35,412 30,673 4,454 13,603 13,531 5,188 4,502 545 188 LABOUR PROBLEMS IN GREECE Administrative costs therefore represented the following percentage of the total : TK A Receipts Contributions Expenses Benefits 12.2 12.3 12.6 14.5 Unemployment Insurance Fund 4.0 4.0 10.5 12.1 In 1938-1939 administrative costs in I.K.A. represented 6.7 per cent, of total contributions. The fact, therefore, that they rose to 12.3 per cent, of contributions is the more significant in that, in 1938-1939, contributions were fixed at 7.6 per cent. of the insured persons' wages, whereas in 1946 they were, in principle, fixed at 10 per cent, of wages. It follows that, if administrative costs are taken as a percentage of the total wages of insured persons, the increase will appear even more considerable. In the case of the Unemployment Insurance Fund, account should be taken of the fact that the budget of administrative costs includes an item of 59 million drachmae for the (partial) upkeep of the employment offices. On a general view of the administration of social insurance, it can be said that it is complicated, that it throws a heavy administrative burden on the employers, that it causes employed persons and beneficiaries much waste of time and trouble and that, as an inevitable consequence of all this, it involves comparatively high administrative charges, which charges have appreciably increased in recent years. It should also be noted that, apart from administrative costs properly so called, the system imposes (a) heavy administrative charges on employers ; and (b) constantly recurring expenditure on insured persons {e.g., for photographs of themselves and members of their family). Finance The financial systems of Greek social insurance institutions are not governed by any single general regulation. Act No. 2868 of 1922 on the compulsory insurance of workers and salaried employees in private undertakings makes no mention of financial regulations. Each separate institution endeavours to collect funds to meet its current expenditure and to accumulate actuarial reserves on the one hand and a security fund on the other. In 1932 when the preparatory work was being done on the SOCIAL 189 INSURANCE Social Insurance Act which established I.K.A., Professor Schoenbaum drew attention to the unfavourable financial situation of several funds. Before the war, I.K.A. operated, on the pension side, on the average premium system and, as regards the sickness branch, on an assessment system which allowed of the constitution of security reserves. The actuarial calculations were established on the basis of a 5 per cent, interest rate and, in actual practice, the revenues from capital exceeded this technical rate. None of the underlying hypotheses of these calculations have any further value today because of the war, the occupation and the inflation, with the result that all measures taken after the liberation have been unable to aim at anything but achieving short-term equilibrium between expenditure and income. The loss of these funds and the disruption of the economic structure of social insurance continue to make their effects felt not only in the functioning of I.K.A. but in all the other funds. It will be impossible to introduce measures calculated to establish long-term financial equilibrium until some degree of economic and financial stabilisation is achieved. Table X X I I I shows the investment of capital in social insurance institutions before and after the war. The original Act laid down certain rules for the investment of I.K.A.'s available funds. These had to be invested in State TABLE X X I I I . INVESTMENT OF CAPITAL IN SOCIAL INSURANCE INSTITUTIONS 134 funds on 31 March 1939 » Item Thousand drachmae Percentage 101 funds on 31 December 1946 3 Thousand drachmae Percentage Cash in hand and bank Personal loans Real property Furniture, etc Debtors . . . . . . . . 1,548,084 1,712,169 711,998 1,311,305 855,922 27,795 458,544 6,625,817 803,296 5,822,521 1 2 23.4 31,904,433 25.8 8,312,113 10.71 19.8 1 1,636,804 12.9 12,077,367 0.5 833,716 6.9 12,397,540 100.0 67,161,973 19,799,791 47.5 12.4 2.4 18.0 1.2 18.5 100.0 47,362,182 Including certain funds not under the supervision of the Minister of Labour. Under the supervision of the Minister of Labour. 190 LABOUR PROBLEMS IN GREECE funds, in stock guaranteed by the State or in mortgages, or had to be used for the acquisition of real property. Part of the net assets might be used for the acquisition of curative establishments. On 31 December 1940, the net assets of I.K.A. were 699 million drachmae, of which 420 million were on loan to the State and 200 million represented cash in hand and bank deposits. On 31 December 1946, investments by I.K.A. and by the Unemployment Insurance Fund were divided as follows : TABLE XXIV. INVESTMENTS BY I.K.A. AND T H E UNEMPLOYMENT INSURANCE FUND AT 3 1 DECEMBER Unemployment Insurance Fund I.K.A. Cash in hand and bank deposits Loans Real property Debtors . . . . 1946 Million drachmae Percentage Million drachmae 4,737,111 513,920 31,452 13,059 265,914 1,239,570 69.6 7.6 0.5 0.2 3.9 18.2 8,666,831 10,943 97.0 0.1 115,405 140,183 1.3 1.6 6,801,026 6,228,999 100.0 8,933,362 380,542 100.0 572,027 Percentage 8,552,820 It should be observed that, in the case of I.K.A., loans are granted to the staff or to pensioners. This table shows the lack of any form of long-term investment. As regards I.K.A. it is clear that the present situation does not permit of the constitution of reserves such as to justify long-term investments, and that I.K.A. must, in present circumstances, give priority to the need for keeping its funds as fluid as possible. The financial situation is, generally speaking, unfavourable. In many funds it is even alarming. The Mission was not able to make any detailed examination of the situation in each fund, since neither the necessary time nor the indispensable statistical data were available. None the less, such enquiries as it was possible to make justify the conclusion that, generally speaking, the financial situation is bad and will probably get worse, unless the necessary remedial measures are taken. In SOCIAL INSURANCE 191 the 134 funds taken into consideration, the net assets on 31 March 1939 were 5,823 million drachmae. Expenses during the previous financial period amounted to 1,227 million drachmae. Thus, at that date, the net assets were 475 per cent, of the total annual expenditure. If, from the group of 101 funds mentioned above, four funds which undertake only unemployment insurance are excluded, for the.remaining 97 funds the net assets on 31 December 1946 were 38,744 million drachmae and the expenses during the year were 75,687 million drachmae. Thus the net assets were no more than 51 per cent, of the total annual expenditure. For 57 main funds covering sickness insurance and pension insurance the net assets on 31 December 1946, as a percentage of total annual expenditure, were as follows : 4 funds : deficit ; 19 funds : less than 50 per cent. ; 8 funds : more than 50 but less than 100 per cent. ; 14 funds : more than 100 but less than 200 per cent. ; 2 funds : more than 200 but less than 300 per cent. ; 10 funds : more than 300 per cent. In 28 subsidiary funds granting pensions, the proportion of net assets to total annual expenditure was as follows : 3 funds : less than 50 per cent. ; 3 funds : more than 50 per cent, but less than 100 per cent. ; 7 funds : more than 100 per cent, but less than 200 per cent. ; 3 funds : more than 200 per cent, but less than 300 per cent. ; 12 funds : more than 300 per cent. It should be emphasised that the relation of net assets to total annual expenditure is not in itself enough to enable a judgment to be formed on the financial position of the institution, particularly in the case of a pension fund. The number of beneficiaries increases rapidly during the later years of the operation of a fund, so that during the first years of its existence expenditure does not reach its full development, and the proportions given above do not afford an exact picture of the situation. This is clearly true of the majority of Greek institutions, particularly the subsidiary funds. The four main funds which showed a deficit on 31 December 1946 are the Tobacco Workers' Fund, the Potters' Fund, the Fund of the staff of the Attica Railway and the Miners' Fund. It should be observed that the most important institution of all, namely, I.K.A., has only very small reserves ; on 31 December 1946, the net assets of the pensions branch of I.K.A. amounted to 4,728 million drachmae, and the sickness branch showed a deficit of 4,156 million drachmae. Thus, in all, the net assets 192 LABOUR PROBLEMS IN GREECE amounted to 572 million drachmae, i.e., to barely 1.6 per cent. of total expenditure in 1946. A comparison between total annual expenditure and total annual revenue again shows a disturbing situation. In the case of several funds, expenditure exceeded revenue in 1946. This was particularly the case for the four funds mentioned above, which showed a deficit on 31 December 1946. As regards I.K.A., in 1946 it was possible to cover expenditure out of receipts, but the sickness branch showed a deficit of 2,937 million drachmae, which could be covered only by drawing upon the balance realised during the same period on pension insurance. For the first seven months of 1947, the situation was much the same ; the deficit for the sickness branch was estimated at 691 million drachmae. As regards the district offices of I.K.A., there is a chronic deficit in the sickness branch of some of them and, in particular, in the Athens district office, which, in its sickness branch, shows a deficit greater than the total deficit of I.K.A. On the other hand, the situation of the Unemployment Insurance Fund is most satisfactory. On 31 December 1946, the net assets amounted to 8,553 million drachmae, and they have continued to increase rapidly since that date. Fundamental Problems The main features of the social insurance schemes and of their operation outlined in the preceding pages must be considered in close relation to the economic situation of the country. All questions connected with social security are dependent on economic conditions, and it is impossible to achieve a satisfactory system of social security in an unsound economy. In the sphere of social security, no measure can with advantage be taken unless its economic effects have first been considered and unless there is some assurance that the measures will help towards a lasting solution on a solid basis. Such concern with the national economy is no less important than concern for social problems properly so called. Thus, in order to establish and maintain social security in Greece, the starting point must be the economic situation of the country, which, as is known, has not been prosperous in the past, and is now less so than ever. Since the national income is low, the proportion of it which can be allotted to social insurance is necessarily also low, and the share in benefits which SOCIAL INSURANCE 193 each individual can receive is insufficient from the social point of view. In support of this point, several figures can be adduced : at the present time the minimum amount of the old-age or invalidity pension is 1,284,000 drachmae per year, which represents about $140 per year (on the free market, $1 equals 9,200 drachmae). This total is certainly not high from the social point of view or from the point of view of the beneficiary who possesses no other means. On the other hand, a comparison of the pension with the national income per head gives the following results : in Greece, the minimum amount stated above for pensions in 1947, if converted into dollars at the 1947 rate, represents 156 per cent, of the national income per head in 1938, if the latter is converted into dollars on the 1938 basis. In the United States, the average pension for a single person in 1946 represented 59 per cent, of the national income per head in 1938. In Great Britain, at present, the normal pension for a single person is equivalent to 69 per cent, of the national income per head in 1938. According to the new Swedish Act, the maximum pension for a single person is equivalent to 89 per cent, of the national income per head in 1938. These comparisons bring out the real difficulties which arise if account is taken, on the one hand, of the low level of individual pensions and, on the other, of the limited resources of the national economy. Another important fact which should be taken into consideration is the absence of any measures of social security in favour of persons engaged in agriculture, although they form the major part of the whole population. The standard of life of the rural population is lower than that of the urban population, and there can be no doubt that agricultural workers and small farmers greatly need the protection of social security. Although it would seem impossible in the near future to take any measures to extend social security to the agricultural population, a longterm social policy must of necessity concern itself with this group. Any legislative measures which may be taken in the future concerning social insurance should progressively aim at making it possible to protect the agricultural population in accordance with the principles of social security. Nevertheless, it should be observed that the system at present in force cannot be directly extended to agricultural workers. The greater proportion of the receipts of social insurance institutions is derived from contributions. The incomes of the farm popula- 194 LABOUR PROBLEMS IN GREECE tion, and particularly their incomes in cash, are so low that it would be impossible to levy a sufficient contribution on them without laying upon them an intolerable burden. Moreover, the cost of collecting contributions and other administrative costs would be excessively high. As regards the agricultural population, therefore, it would seem that attention should rather be concentrated, first, on attempts to organise public health services and to supply medical attention, and as a second stage, on the establishment of a system of non-contributory pensions. Since the financial resources available for social security in Greece are comparatively small, it becomes of the utmost importance to keep within the general principles on which a rational system can be based. The distribution of these financial resources between the beneficiaries must take account of the urgency of the beneficiaries' needs. In the first place, the conditions for the grant of benefits in cash must be such that these benefits can be granted only to persons who are incapable of earning their living by their own work. The amount of the benefits must depend on the one hand on individual requirements and, on the other, on economic possibilities. It is clear that any unjustifiable privilege granted to one group of beneficiaries works inevitably to the prejudice of other groups. The collection of revenue and the determination of its sources must be such as to combine the largest measure of social justice with the best possible distribution of the burden over the national economy. The mechanism of the whole system must be as simple as possible in order to reduce administrative costs to the strict minimum. The Mission takes the view that the problems and principles just enunciated are those which essentially emerge as the result of a realistic examination of the present situation in Greece, especially as regards social security. The Mission is quite aware that the consequences of the war, the occupation and the inflation, as well as the present political and economic situation, do not immediately permit of any radical and permanent reform of the system ; but this makes it all the more important that the provisional measures which it is indispensable to take should make for permanent stabilisation and should progressively prepare for such stabilisation. Pre-war legislation was essentially based on the principle of insurance. The charges imposed on an institution were balanced by the right of that institution to receive either con- SOCIAL INSURANCE 195 tributions or social taxes. The rights of each insured person were closely related to his obligations, and, in particular, pensions depended on the period over which insurance had continued and on the wages subject to contribution. The distortion of the whole system as the result of the war and the occupation has tended to weaken the principle of insurance. Furthermore, fresh obligations have been imposed on the insurance institutions, and in particular on I.K.A., without regard to the inevitable consequences of such obligations. At the present time the difficult situation of the insurance institutions, and particularly of I.K.A., is aggravated by all the emergency measures which have had to be taken in order to meet immediate needs. The following are the additional obligations which have been imposed on I.K.A. since the war ; (1) the treatment of war victims on the same footing as victims of industrial accidents ; (2) the granting of free medical care to civil servants, to State pensioners and to the members of their families ; (3) the reduction of the employer's share of the contribution from 8 to 5 per cent, in the case of employees of the State and of the public authorities ; (4) the deficit in the employer's share of the contribution for wage earners in the service of the Allied military authorities; this share should have been reimbursed by the State ; and (5) the widening of the circle of beneficiaries, and the increase of benefits in the case of tuberculosis. Some idea of the financial importance of these additional charges may be gathered from the fact that the monthly loss suffered by I.K.A. as a result of the reduction of the contributions mentioned under (3) above amounts to 760 million drachmae. It follows that the State not only gives no subsidy to I.K.A. but even obtains preferential treatment from it. The decision taken in 1943 to grant benefits to tuberculous patients even when they had not fulfilled the conditions required by the Act, and the prolongation of the duration of daily allowances in the case of tuberculosis, put a heavy burden on I.K.A. For the first seven months of 1947 the average number of daily allowances paid in the sickness branch was 236,245, of which 120,850 were in respect of tuberculosis. Since the 196 LABOUR PROBLEMS IN GREECE average monthly number of fresh cases of tuberculosis was only 125, this could not account for more than 22,500 daily allowances per month. It must therefore be concluded that the increase in the number of beneficiaries, due first to the introduction in 1943 of the Ministerial Decree by which all persons suffering from tuberculosis were entitled to all the benefits of social insurance, and secondly, to the longer duration of benefits, has augmented the number of daily allowances paid by I.K.A. by two thirds of what they would have been without these special provisions. The revaluation of cash benefits, and in particular of pensions, was essential and amply justified in view of the needs of the beneficiaries. The abandonment of the principle of insurance was inevitable, since reserves had practically disappeared ; moreover, the instability of the currency had made long-term planning impossible. In the revaluation of pensions, their social function was quite rightly stressed, and the lower pensions have been revalued at a higher rate than the higher pensions. But this principle, in itself a fair one, has not always been correctly applied, since account has not been taken of the fact that one person could combine several pensions, and each of these pensions has been separately revalued (the accumulation principle does not apply to the extraordinary supplement of 50,000 drachmae, which can be granted only once). The following illustrates the situation of a given beneficiary who combines several pensions (in drachmae) : if he is the holder of a single pension worth 2,400, he receives 150,000 ; if he is the holder of two pensions each worth 1,200, he receives 189,000 ; if he is the holder of three pensions each worth 800, he receives 239,000 ; if he is the holder of four pensions, each worth 600, he receives 302,000. A proportionately higher revaluation of the lower pensions is justified by the necessity of granting beneficiaries the highest possible living standards, but this advantage must not be granted more than once if the interests of insured persons as a whole are not to be prejudiced. Before the war it was possible to base a justification of the principle of accumulation of pensions on the insurance principle (namely the payment of several contributions). But even this justification was not entirely valid, among other reasons, because of the social taxes. As things are now, the argument has lost all its validity and the accumulation of pensions is nothing more than an unjustifiable SOCIAL INSURANCE 197 privilege granted to certain categories of insured persons at the expense of others. 1 The situation which has just been described is only one of the regrettable consequences of the complexity of the organisation of social insurance. Clearly, the existence of a large number of funds inevitably results in the increase of administrative costs, not only in expenditure incurred by the institutions themselves, but also in expenditure falling on insured persons and particularly on employers. In certain districts of small or medium size a single fund could perfectly well operate, but the division of insured persons among several funds leads to complications which adversely affect the funds themselves, the insured persons and the employers and, naturally, lead to unjustifiably high administrative costs. The Mission is well aware of the psychological and even personal difficulties which would have to be overcome in order to relieve and simplify the organisation of social insurance. One of the most serious obstacles is I.K.A.'s lack of prestige, since it would be the normal thing for most of the institutions to be concentrated around I.K.A. Hence any programme of simplification and unification should be preceded by the reform of I.K.A. Furthermore, every effort should be made to standardise conditions and rates of benefit. From the point of view of administrative practice, close collaboration should be imposed on the funds in order to prevent the same administrative operations being repeated several times over, and in order to reduce administrative costs by the centralisation of certain services. In any question of the reform of social insurance, three main groups of insured persons must at the outset be distinguished : (1) wage earners, and salaried employees in private undertakings and those working for the State and public authorities, when they are not subject to the special régime for civil pensions ; (2) civil servants who enjoy a special régime of civil pensions ; and (3) independent workers. 1 On the introduction on 1 December 1947 of the new scale of valuation of pensions, it was decreed that, in the case of accumulation of pensions, each pension should be reduced by 15 per cent. 198 LABOUR PROBLEMS IN GREECE Account should then be taken of the fact that social insurance is divided into three branches—sickness, unemployment and pensions—and that, at present, main and subsidiary funds not only exist side by side, but sometimes overlap. Some of the subsidiary funds grant only lump-sum compensation, and are rather in the nature of welfare institutions. The first stages of reform should necessarily include : (1) simple and clear definition of the activities of each branch of insurance, with due regard to each of the three groups of insured persons ; (2) standardisation of the conditions of granting benefits and of the rate of benefits in the main funds ; (3) determination of cash benefits payable by the main funds in such a way as to guarantee a livelihood ; (4) determination of benefits in kind in the main funds in such a way that insured persons and the members of their families receive, so far as possible, effective medical attention, both curative and preventive ; (5) transformation of subsidiary funds into subsidiary insurance institutions operating on the principle of insurance ; and (6) allocation of the receipts of social insurance to the various institutions concerned, with reference to the charges imposed on them and the duties which they assume in order to guarantee social security, particularly on behalf of the financially weak categories of insured persons. In view of the de facto situation with which it was confronted, the Mission considers that it is necessary, without undertaking a more detailed analysis of conditions or of long-term schemes, to take certain measures in the nearest possible future. It should be made impossible for any person to belong to more than one main fund in order to cover the same risk ; subsidiary insurance should be limited to pension insurance, and no one should be able to belong to more than one subsidiary fund ; for the purpose of pension insurance, coverage by the special system of State pensions should be considered as equivalent to membership of a main fund. The, readjustment of official wages which has recently taken place affords an opportunity, which should be taken, to put SOCIAL INSURANCE 199 an end to the system of determining the amount of daily allowances on the basis of fictitious wages and to fix it on the basis of the wages actually paid. At the same time, it would be desirable to fix the same rates for daily allowances in sickness insurance and in unemployment insurance. This could be done by introducing into the two branches of insurance the same wage classes and the same percentages for calculating the allowance. Such percentages would, of course, be in diminishing ratio, i.e., they would decrease with the rise in wage class. No change need be made in the main lines of the present organisation of medical services. The concentration of medical consultations in the dispensaries guarantees the patient proper medical assistance, and in particular the attention of specialists. Furthermore, dispensary treatment is well within the financial possibilities of the insurance system. A serious difficulty which is a heavy burden on insured persons, and even on the doctors themselves, arises from the fact that the dispensaries are situated in obsolete buildings which are very far from being suitable for their purpose. In order to overcome the serious inconveniences of such buildings, new buildings should at once be constructed on plans specially adapting them for their use as dispensaries. These buildings should be distributed on a reasonable basis throughout the whole of the country and in the large towns (Athens and Piraeus, in the first place). The plans for such construction might be selected from the building schemes already drawn up by the Ministry of Reconstruction and the Ministry of Public Health. It goes without saying that the building programme for insurance purposes should be properly related to other building programmes for the development and reconstruction of the health equipment of the country. As the sickness insurance funds, and I.K.A. in particular, do not possess the necessary capital for such building, it will be necessary to have recourse to the Unemployment Insurance Fund, which could either lend the necessary sums or construct the buildings on its own account and then let them to the sickness insurance institutions. There is full justification for such an investment of social insurance funds since it is devoted to social ends. Furthermore, the construction of these new buildings will make an effective contribution towards providing work for the unemployed. The creation of wellequipped dispensaries in sufficient numbers, which will be used for the insured persons of more than one fund, would 200 LABOUR PROBLEMS IN GREECE also satisfy the just claims of the insured persons for a high standard of medical assistance, and would limit the cost of such medical assistance by permitting more satisfactory contracts to be arranged by the institution with the doctors. In sickness insurance, careful attention should be given to the possibility of introducing territorial decentralisation. While preserving the necessary unity of insurance throughout the country as a whole, district offices could be given a large measure of independence, not only administrative but also financial. Thus, sickness insurance contributions might be divided into two parts, of which the first part—about 90 per cent.—would be wholly at the disposal of the district office, and the rest would belong to a central fund. The district office would be fully at liberty to organise its work within the limits of the district assigned to it. If it succeeded in making savings, it would be authorised to introduce supplementary benefits (e.g., hospitalisation for members of the family of the insured person, etc.). The central fund would function in the first place as an equalisation fund. It would intervene in the case of such district offices as could not meet charges arising from statutory benefits out of their own share of contributions. It would, of course, be clearly understood that such intervention should always be preceded by effective supervision and thorough analysis of all the operations of the office concerned. The second task of the central fund would be to constitute a security fund sufficiently large to meet the financial difficulties arising either from economic developments or from biological causes, such as epidemics. Furthermore, after having constituted a sufficient security reserve, the central fund would be entrusted with the work of constructing the necessary equipment for the proper functioning of the health services, in particular, sanatoria, clinics for preventive treatment, etc. At the present time sickness insurance is bearing the heavy charges arising out of the exceptional measures taken against tuberculosis, which charges are beyond the means of the institutions concerned. Furthermore, these exceptional measures do not permit of an effective campaign against tuberculosis, since they are confined to certain sections of the population. For the purpose of a rational campaign against tuberculosis, measures must be taken which cover the whole population. The essential prerequisites of such a general campaign are not yet available ; in particular, there is as yet no effective network SOCIAL INSURANCE 201 of stations for diagnosis and curative treatment. There are not enough sanatoria or preventive clinics, and financial resources are lacking. It is questionable whether the creation of an institution for insurance against tuberculosis would solve these problems, or whether such an institution would be the best solution. The difficulties arising from the insufficiency of funds would not be lessened, and it is even to be feared that the creation of new institutions would lead to further administrative costs. The Mission considers that careful consideration should be given to another solution, which would consist in entrusting the campaign against tuberculosis to the sickness insurance system on the one hand and to the public health services on the other hand, with, of course, very close co-operation between the two. As regards sickness insurance, tuberculous patients would be in exactly the same position as other patients. In addition, they would receive further care from the public health services. These latter would arrange for the necessary attention to non-insured persons and would also be entrusted with prophylactic measures in general. The creation of special public health services for the campaign against tuberculosis might be the beginning of an enlarged public health service which could gradually extend protection for the non-insured population, one section of which is the rural population. As regards pension insurance, consideration may be given first to the conditions for granting pensions and, secondly, to the amounts granted. The conditions for granting pensions should be carefully revised in order that a rational system may be achieved. In principle, the conditions should be the same in all funds, with exceptions only for certain occupational categories in the event of real necessity. The qualifying period should be the same in all the main funds and should be entirely abolished in respect of industrial accidents. In the subsidiary funds, the qualifying period should also be the same, but it might be longer than in the main funds. In connection with the qualifying period, it would be as well if the system of " contracting in " for periods previous to membership could be abolished in the near future, since at present it leads to abuses. In principle, old-age pensions should be given to men at 65 years of age and to women at 60 years of age. The age 14 202 LABOUR PROBLEMS IN GREECE limit should be lowered for occupational categories whose conditions of labour are particularly hard or unhealthy, or in which the employment of elderly workers involves serious difficulties. Cases of premature aging might be treated by the grant of an invalidity pension, but they do not justify the lowering of the age at which the old-age pension is granted. The fixing of the pensionable age is the more urgent since it is clear that, at the present time, in the various funds, old-age pensions are granted at different.ages and no account is taken either of the arduousness of working conditions or even of the real needs of the beneficiaries. The definition of invalidity, which, as is known, always presents difficulties, should be the same for all institutions and for all insured persons, with the inevitable exception of independent workers, for whom special regulations should be adopted. The assessment of earning capacity which determines invalidity should be entrusted to medical committees working for all the funds, the only means of securing a standardised application of the system. Survivors' pensions should be granted to members of the family of a deceased insured person when they are incapable of earning a living by their own work. In the first place, all orphans' pensions should be granted up to a uniform age limit, and extension of this limit should be granted only for the vocational training of the orphan (apprenticeship, study, etc.), or when the orphan is disabled for work. A serious difficulty arises from the "fact that the existing regulations impose no special condition for the grant of the widow's pension. Widow's pensions are granted even in cases where the beneficiaries are capable of earning their own living, although it is true that, in many cases, the benefits granted are no more than grants in aid and do not guarantee a livelihood. A system should be prepared in which widow's pensions will no longer be granted unconditionally. Such pensions should be granted during the first period of widowhood and, after that period, to aged and invalid widows, or to widows who have children to support, i.e., all widows who are not able to undertake gainful work. As a transitional measure, pensions at the normal rate might be granted to widows under the conditions mentioned above, and reduced pensions to other widows. As regards the amount of the pensions, a guiding principle should be that the object of the pension is to compensate for the wage or earnings lost. It follows that pensions should not SOCIAL INSURANCE 203 exceed the wage or earnings save in exceptional cases, such as that of a young worker who has not yet reached the normal wage standard of his occupational category. To remedy the drawbacks due to the combining of pensions, measures should be taken as soon as possible to limit the total of all pensions which a beneficiary can receive to a fixed percentage, between 75 and 90 per cent, of earnings. Such a limitation would apply even to current pensions, but, naturally, account would be taken of the depreciation of wages. The calculation of the amount of the pension should be made on different principles for the main funds and for the subsidiary funds. In the main funds the amount of a pension should be closely related to social needs, in order to guarantee a proper livelihood so far as possible. On this principle the amount of the pension should not depend on the length of the insured person's periods of insurance, nor even on his wage or earnings. On the contrary, the amount should be determined according to his social needs, i.e., according to the number of persons dependent on him. The old-age or invalidity pension should be increased if the beneficiary is married, when his wife is either aged or an invalid, and, of course, when she is not otherwise entitled to a pension. The amount of the pension should normally be increased by allowances for each child dependent on the beneficiary. By way of example, figures are given showing the scale of the various classes of pensions compared with the old-age or invalidity pension of a single person ( = 100) : Old-age or invalidity pension for a single person Old-age or invalidity pension for a couple . . . Allowance for each child "Widow's pension Pension for an orphan (fatherless or motherless). Pension for an orphan (fatherless and motherless) 100 125 10 75 20 40 Total survivors' pensions should not exceed the amount of the pension which the deceased person received, or might have received, on account of himself or of himself and his wife, including the extra allowances for children. In subsidiary funds, on the contrary, the pensions should depend on the one hand on the duration of the period of insurance and, on the other, on the wages or earnings of the insured person. In other words, any subsidiary insurance pensions should be in relation to contributions paid in accordance with the insurance principle. The Mission considers that the distinc- 204 LABOUR PROBLEMS IN GREECE tion between the objects aimed at in main insurance and subsidiary insurance, as indicated above, would help to solve existing difficulties. There can be no doubt that the most urgent necessity is the financial reform of social insurance. In the first place it will be possible, by simplifying and centralising administrative services, to reduce administrative costs. Unjustifiable privileges should also be abolished. These economy measures are indispensable to restore public confidence in social insurance institutions, based on the conviction that they are wisely and cheaply administered. Apart from these preliminary measures, the whole question of the resources of the funds and of the distribution of their burdens should be considered. At the present time the resources of the funds consist in contributions and the proceeds of social taxes. The Mission considers that some form of regular participation by the State should be contemplated. It will nö doubt be difficult to achieve anything of the kind at present because of the state of the public finances ; furthermore, it can also be claimed that the existing social taxes represent a form of taxation and in the last analysis are equivalent to direct participation by the State. Whatever the form under which it operates, the object of using public money for such purposes is to lighten the burden of the financially weakest sections of the population. It should, therefore, be considered whether the existing social taxes satisfy this principle of social justice. The Mission does not think so, because the revenue from the social taxes is not spread over all insured persons as a whole, and because they are indirect duties which very often hit the poorest classes most hardly. The social taxes should first of all be centralised. This would permit of simplifying their collection by replacing the multiplicity of existing taxes by one or two only, without reducing the total collected. When an improvement in the economic situation permits, the taxes should be increased and supplemented, or even totally replaced, by a direct subsidy charged on the national budget. The resources thus obtained should be distributed on the principles of social equity, and account should be taken of the most urgent requirements. The revenue from public funds should be allocated, in the first place, to pension insurance in the main funds, and to the campaign against tuberculosis. While taking full account of the present difficult position of the public finances, the Mission considers that it is indispen- SOCIAL INSURANCE 205 sable to put an end to the unfair discrimination imposed by legislation upon I.K.A., for the benefit of the State and of public undertakings. It is abnormal that the employers' share of contributions should be reduced for wage earners in the public service, and also that civil servants should enjoy medical attention without any special payments to meet this charge. The burden of these provisions falls, in practice, upon all persons insured with I.K.A., most of whom are in a poorer economic position than the wage earners in the public service, or than civil servants. As regards contributions to social insurance, the whole question of their total amount and their distribution between the different branches and the different funds should be reconsidered. Such measures as could be taken at once would not amount to a complete reform, but they should, nevertheless, be directed towards such reform. In the first place, contributions to pension insurance, particularly in I.K.A., should be increased, in view of the constant increase in the number of beneficiaries. The burden of this increase in contributions might be alleviated by a reduction in contributions to the Unemployment Insurance Fund. At the present time the operation of social insurance is greatly prejudiced by the fact that the supervision of social insurance institutions is divided among several ministries. The result is a multiplicity of legislative and administrative provisions which makes it impossible to achieve rational co-ordination. In view of the fact that the majority of social insurance institutions are at present under the Ministry of Labour, and that there exists a Social Insurance Council composed of representatives of the authorities, the insured persons and the employers, including also experts, it would seem appropriate that all social insurance institutions should be placed under the Ministry of Labour and the Social Insurance Council. Of course, when in the case of certain occupational groups (e.g., seamen, doctors, lawyers, clergy), other ministries are particularly interested, such ministries would be entitled to intervene. It would be sufficient to provide that the special measures concerning such groups should be jointly drawn up by the Minister of Labour and by the particular minister concerned. Social insurance can be administered in one of two ways. It can be entrusted to institutions operating as independent organisations, but under the supervision of the State ; or it can 206 LABOUR PROBLEMS IN GREECE be directly incorporated in the framework of the public service. Each of these two solutions has its advantages and its disadvantages ; but one of the two systems should prevail, and there should be no question of an intermediate or mixed system. According to the law, Greek social insurance is administered by independent institutions, but in reality, at present, the State intervenes very often, not only in fundamental questions, but even in the ordinary day-to-day activities of the institutions. The result is a drag upon the wheels of administration, an increase in administrative work and an increase in administrative costs. Moreover, when it enters into the details of the daily life of the institutions, the State loses its position as arbiter and controlling authority. The situation is made worse by the fact that in many funds the chairmen are officials of the supervising ministry. This involves a confusion as to competence which cannot but be prejudicial to supervision. The infringements of the independence of the funds give rise to criticism both by the insured persons and by the employers. It is, therefore, necessary to re-establish the full autonomy of the institutions, to decide that the governing bodies should be appointed on nominations made by organisations of insured persons and their employers, respectively, and to confine State intervention : (a) to fundamental questions; and (b) to a supervision which shall be both effective and divested of any political or personal considerations. In conclusion, the Greek system of social insurance is suffering at present from the effects of the political and economic disasters through which the country has passed, and it seems that the principles of social justice and of economic desirability are not always respected. Far-reaching reconstruction is, therefore, indispensable. The Mission is well aware that such a reform will require considerable time and that social insurance cannot be stabilised before the stabilisation of the economy of the country as a whole. It is nevertheless indispensable that the most urgent problems should be tackled and the appropriate measures taken as soon as possible. Such transitional measures, however, should prepare the way for general reforms. This point has never been lost sight of in the suggestions made above. To the extent to which reform can be achieved, there will be a return of confidence, on the part of the insured persons and of public opinion, in the organisation of social insurance and in the ends which it pursues. Workers SOCIAL INSURANCE 207 will come to think more and more that progress is being made towards a system of social security which can protect them effectively against the risks by which they are threatened. There will thus be developed an atmosphere of confidence in the social insurance institutions and in the State which supervises them. In this atmosphere will develop that sense of security for the morrow which it is the main object of the system to secure for the workers. CHAPTER VI THE TRADE UNION SITUATION As might be expected, the trade union factor is of primary importance in Greek social and economic reconstruction. A task of such magnitude demands the co-operation of all the living forces of the nation and, in particular, of the organised working class. As a result, however, of divisions within the trade union movement, which are no more than the reflection of much deeper political divisions, it has hitherto been impossible to mobilise the support of the working class as a whole. Worse still, it seems that the civil war which is raging at the frontiers is also being waged surreptitiously in the undertakings themselves. The result is that attempts at reconstruction bear a certain resemblance to the web of Penelope, since one small part of the population is continually unravelling the work which another part has patiently woven. It is not difficult to understand the effects of such a state of affairs on the standard of living of the workers and on the level of social protection, as also on the practical application of social legislation. The standard of living of the workers, which depends directly on the effective output of the national economy, cannot but progressively deteriorate. Even before the war—as has been shown earlier in this Report l —the standard of living of Greek workers was inferior to that of the majority of wage earners in other European countries. Today, this standard of living is no more than a fraction of its pre-war level. The lack of a solid and united trade union movement is clearly one of the factors which explain this situation. Furthermore, as a result of the absence of the counterbalance provided in other countries by the trade union movement, even that modest proportion of the national income which should be devoted to wages may be unduly reduced, and wage earners 1 See Chapter II. THE TRADE UNION SITUATION 209 may in consequence be required to accept sacrifices, in the cause of reconstruction, proportionately greater than those borne by other social classes. Finally, there is a danger that social legislation may suffer from the absence of real trade union influence in the undertakings themselves, an influence that should be the essential counterpart of the official control undertaken by the labour inspectorate. All parties concerned are undoubtedly fully aware of the difficulties, not to say dangers, involved in the present trade union situation in Greece. Thus, successive Greek Governments, the Powers which have assisted Greece, the World Federation of Trade Unions, the British Trades Union Congress, the American Federation of Labor and the Congress of Industrial Organizations, have spared no pains to cope with the situation. In spite of this, however, it cannot be affirmed with certainty, even three years after the liberation, that any final solution of the problem has been found. An attempt will be made in the pages which follow to give an unbiased and unimpassioned conspectus of the trade union situation in Greece. The first part of this survey is devoted to an analysis of the legal status of occupational organisations, the second part to the measures taken to reconstruct the trade union movement, and the third to the special measures taken to meet the state of emergency. In conclusion, an attempt will be made, on the basis of international trade union experience, and also in the light of the decisions on freedom of association adopted by the 30th Session of the International Labour Conference (Geneva, 1947), to reach certain conclusions which might be calculated to facilitate the reconstruction of the trade union movement. Legal Status of Occupational Organisations CONSTITUTIONAL GUARANTEE OF FREEDOM OF ASSOCIATION The basis of the legal status of Greek trade unions may be found in Article 11 of the Constitution, which affirms the right of association in the following terms : Greek citizens possess the right of association conforming with the laws of the State, and in no case can the laws subject the right to 210 LABOUR PROBLEMS IN GREECE any previous authorisation. An association cannot be dissolved for infringing provisions of the laws except by judicial decision. This text shows that two fundamental guarantees are offered to all Greek " citizens " (the term " citizens " covers both workers and employers, and officials and agents of the public services as well as persons employed in private industry). Under the first of these guarantees, the regulation of freedom of association by legislative means can never go so far as to subject this right to preliminary authorisation by the Government. Under the second guarantee, any organisation, even if it has been guilty of an infringement of the law involving as penalty the dissolution of the association concerned, is entitled to the guarantees offered by normal judicial procedure. It will be noted that these two fundamental guarantees were also provided for in the Resolution on freedom of association adopted by the International Labour Conference at its 30th Session (1947), and will appear in the Convention on freedom of association on which the 31st Session of the Conference (1948) will be called upon to take a decision.1 Despite the civil war, these provisions of the Constitution are at present in full force. They have, moreover, been formally embodied in Constitutional Act No. 23 of 1945, which ratified the agreement arrived at, immediately after the rebellion of December 1944, between the Greek Government and the leaders of the insurrection.2 Thus, it is within the limits fixed as above by the Constitution that the Greek legislature has power to regulate the question of trade union rights. LEGAL REGULATION OF TRADE UNION RIGHTS At the present time the legal regulation of trade union rights rests on the authority of three main texts : Act No. 281 of 21 June-4 July 1914 on associations3, which includes a special chapter on occupational associations ; Act No. 2151 of 21 March-3 April 1920 on trade unions 4 ; and Chapter IV of the 1 The International Labour Conference, meeting at San Francisco (June-July 1948), adopted a Convention on freedom of association and protection of the right to organise. Cf. Official Bulletin, Vol. XXXI, No 1, 31 August 1948, p. 1. 2 Cf. Government Gazette, 23 March 1945. 3 Cf. Bulletin of the International Labour Office (Basle), Vol. X, pp. 18 et seq. 4 Cf. L.S., 1920, Gr. 1. THE TRADE UNION SITUATION 211 Civil Code, concerning legal personality (Articles 61-106), promulgated on 10 May 1946. It should be emphasised, however, that both the constitutional guarantees of freedom of association and the special legislation concerning trade unions were suspended on the accession to power on 4 August 1936 of the dictatorship of General Metaxas. A Legislative Decree of 24 October 1938 1 instituted a system of official trade unionism entirely under the control of the Executive Power. This deprivation over many years of all freedom of association explains why the reconstruction of a free trade union movement met with so many special difficulties. It is true that, as will be seen later, even in the midst of a war, the Greek Government issued an Act, No. 3127 dated 31 October 1942 2, which repealed the 1938 Decree and reestablished the 1914 Act on freedom of association and the 1920 Act on trade unions. But this text was not applied in practice until after it appeared in the Government Gazette in March 1945. Briefly, therefore, trade union rights are today regulated by the three texts mentioned above, of which a brief analysis will now be given. Constitution of Occupational Organisations Any association of at least 20 members can be freely formed, without previous authorisation by the Government, on the sole condition that its aims are neither illegal nor immoral. In addition, two or more occupational associations may form a union or federation with a view to the defence of their common interests, while preserving their economic and administrative autonomy. Under section 19 of the Act on associations, occupational associations should be exclusively concerned with the study, protection and advancement of the economic or occupational interests of their members of either sex belonging to the same industrial, commercial, agricultural or other occupation or to allied occupations. The same section expressly prohibits mixed occupational associations comprising both employers and workers. Any 1 2 Cf. Government Gazette, 24 October 1938. Cf. L.S., 1942, Gr. 1. 212 LABOUR PROBLEMS IN GREECE worker who is a member of an occupational association ceases ipso facto to belong to it as soon as he becomes an employer or takes up another occupation. As in the case of all other non-profit-making associations, occupational associations are forbidden to carry on a profession or a trade. They may, however, conclude purchasing or other contracts with a view to organising schools or apprenticeship workshops, to acquiring real property, though solely for the purpose of installing offices, meeting rooms and lecture halls, libraries, or occupational schools therein, and, in general, to carrying on one or other of their recognised activities after approval by the Ministry of Labour. They are also authorised to conclude collective labour agreements with employers or groups of employers, for regulating such conditions of employment as engagement, dismissal, payment of wages, hours of work, etc. The same Act confers on recognised occupational associations the right of appointing representatives to the Superior Labour Council1, of denouncing to the competent authority, through the medium of their legal representatives, all persons who contravene the labour inspection Acts or the regulations issued in application of such Acts, and of creating, as required, employment offices and non-profit-making offices for medical or legal assistance to the worker. The exercise of trade union rights is also specially protected. Under section 23 of the Act, heads of undertakings, directors, agents or other representatives of employers are forbidden : (i) to prevent workers, either by dismissal or the threat of dismissal or by other illegal means, from founding occupational associations, from belonging to such associations or from belonging to political parties ; (ii) to compel workers, by similar means, to found occupational associations or become members of any given association; (iii) to require, in any form whatsoever, that workers should make a written declaration promising not to belong or to cease to belong to a given association as a condition of employment or as a condition of the continuation of the employment contract. Side by side with these general provisions, which are, as will be seen, extremely liberal for the period (the Act dates from 1914), the legislation concerning occupational organisa1 Cf. L.S., 1937, Gr. 7. THE TRADE UNION SITUATION 213 tions includes detailed provisions on the recognition of trade unions, their organisation and operation, the supervision of their activities, their dissolution and the penalties to which they may be subject. It is important that a short analysis of these provisions should be made, since, as will be seen in the second part of the chapter, it was on the basis of some of these provisions that the Council of State took the decisions which had a predominant influence on the development of the trade union situation in Greece. Recognition of Occupational Organisations Under Article 11 of the Constitution, which guarantees the right of occupational association without previous authorisation, the trade unions must be free to demand that they should be legally recognised or to abstain from so demanding. In practice, however, it would seem that recognition is considered as an essential prerequisite for the functioning of the trade unions. According to Article 78 of the Civil Code, an association with a non-profit-making object, and with at least 20 members, acquires legal personality from the moment that it is entered in a special register of the court of first instance at the place where the association has its headquarters. For this purpose, the founder-members or the administrative bodies of the association must submit to the court of first instance an application accompanied by the act of foundation, the list of the names of members of the administration, and the rules, duly signed and dated. Under pain of being considered null and void, the rules must give details of : (1) the objects, title and headquarters of the association ; (2) the conditions of membership, and of the resignation or expulsion of members ; (3) the funds of the association ; (4) the manner in which the association is to be represented for judicial or other purposes ; (5) the administrative bodies of the association and the method by which members of the executive or administrative bodies are elected, together with reasons for which the administrative bodies may be suspended from or divested of their functions ; (6) the conditions under which the general meeting is convened, meets and takes its decisions ; (7) the conditions under which the rules may be amended ; and (8) the conditions required for the voluntary dissolution of the association. If the appli- 214 LABOUR PROBLEMS IN GREECE cation satisfies the required conditions, the judicial authority publishes in the newspapers a summary of the rules and enters the newly founded association on the register of associations. The same procedure is followed in the case of any amendment of the rules. The decision of the court of first instance may be appealed against either by the association in the event of its request being rejected or by the supervising authority in the event of the request being accepted. Registration as an association and the grant of legal personality are acquired automatically if the association fulfils all the conditions prescribed by the law. It should, nevertheless, be emphasised in this connection that the court may not exercise discretionary power in this respect, since to make recognition depend on the judgment of the judicial authorities would, in the Greek system (where recognition is a basic condition of the existence of trade unions), be equivalent to making the creation of an occupational association depend on previous authorisation. As has been shown above, such a practice would be in direct contradiction to Article 11 of the Constitution. Regulation of Internal Activities of Occupational Organisations Over and above the formalities required for the acquisition of legal personality, the Civil Code and the Act on trade unions lay down certain rules to which the operations of all organisations must conform. The admission of new members to an organisation must always be allowed, notwithstanding any clause to the contrary in the rules. Similarly, members of the trade union are at all times entitled to withdraw from it, on condition that they notify such withdrawal at least three months before the end of the financial period of the current year. No member can be expelled except in accordance with the provisions of the rules to that effect, or unless " important reasons " require such expulsion and the general meeting has so decided. Nevertheless, in the two months' interval following the date of the notification of his expulsion, a trade union member is entitled to appeal to the president of the court of first instance, if he thinks that his expulsion has been decreed contrary to the rules. Section 9 of the 1920 Act on trade unions provides that a THE TRADE UNION SITUATION 215 member who has been fined under the rules three times in a year may be excluded by a decision of the general meeting. Furthermore, any member of a trade union who is accused of a misdemeanour under the Penal Code may be expelled by a decision of the administrative council. He may, however, appeal from such decision to the general meeting. Anyone expelled for such a reason who is subsequently acquitted by a judgment of the High Court immediately resumes his status as a member. Fines which may be inflicted on members of a trade union may not exceed three days' wages in amount. The rules of the union must specify in detail the cases in which fines may be inflicted, together with the procedure to be followed for this purpose. Finally, Article 89 of the Civil Code lays down that all members of an association enjoy equal rights. Special rights cannot be either conferred or withdrawn without the consent of all the members of the association. Administration of Occupational Organisations Like all other associations, trade unions must be directed by an executive committee, composed of members of the association, " unless the rules provide otherwise ". Only persons who have attained their majority and who have been regular members of the trade union for at least a year are eligible for the trade union executive. If the trade union concerned has been in existence for less than a year, such persons must, in order to be eligible, have belonged to the union since its foundation. In either case, candidates for election must have regularly paid their contributions. In agreement with the practice of most other countries, the general meeting is the sovereign body of the trade union. In default of any contrary provision in the rules, it elects the administrative bodies of the union, decides on the admission or expulsion of members, passes the accounts, introduces any necessary changes in the rules or in the objects of the association, and, finally, decides on the dissolution of the association. The general meeting is also empowered to supervise the activity of the administrative bodies and, at any time, to suspend members of such bodies from their functions. Nothing in the rules of the union may restrict the right of the general 216 LABOUR PROBLEMS IN GREECE meeting to exclude members, provided that such exclusion is demonstrably necessary " for important reasons ", and particularly if it is due to any serious negligence in carrying out their duties or to any administrative incapacity. The general meeting is, as a general rule, convened by the executive committee, in accordance with the provisions of the rules, as often as the interests of the association require. It may also be convened at the request of a given number of its members, fixed by the rules, or, failing any such provision in the rules, on the written request of one fifth òf the members. If a request from such a number of members has not been complied with, the president of the court of first instance may authorise the persons making the request to convene the general meeting and to elect its chairman. Decisions by the general meeting must be taken on an absolute majority vote of the members present. Any decisions not relating to questions duly placed on the agenda are null and void. Decisions may be taken without a general meeting, provided that all the members state in writing that they agree to the proposal in question. The Trade Union Act of 1920 defines the conditions as to a quorum to ensure the validity of decisions. Such decisions must be taken by an absolute majority of the members present and are valid only if at least one third of the regular members have taken part in the vote. In the event of no valid decisions being taken at a first meeting, a further meeting must be convened not less than three nor more than ten days later, with the same agenda. This second meeting can take decisions only if at least one quarter of the total number of regular members are present. If, at this second meeting, the necessary conditions are still not fulfilled, a third meeting is to be convened within the next eight days, and its decisions are held to be valid if at least one fifth of the regular members are present, provided, however, that if the trade union concerned numbers less than 100, but more than 60 members, the presence of at least 30 members is necessary for valid resolutions to be adopted. If this third meeting again fails to fulfil the necessary conditions, there must be an interval of at least one month before a further meeting with the same agenda can be convened, and this meeting will then be considered as a first meeting (cf. section 3 of the Trade Union Act of 1920). The same Act, however, provides an exception to the THE TRADE UNION SITUATION 217 general quorum rule in favour of the unions of railwaymen and seamen and, generally speaking, of all unions whose members are compelled because of their duties to be constantly travelling or continuously occupied or to live at a distance from the headquarters of the union. Unions of this type are entitled to hold a general meeting if one quarter of the regular members are present or, in default of this number, they may, within a week, hold a further meeting either with the number of members originally present, or with the number of members required by the rules as necessary for the adoption of resolutions. Decisions of special importance from the trade union point of view must be taken either by secret ballot or by a qualified majority. Thus, for example, any vote by a general meeting concerning elections, votes of confidence in the executive, the approval of accounts or, generally speaking, personal questions or strikes is valid only if taken by secret ballot. Furthermore, resolutions thus carried by secret ballot are invalidated if persons who were not at the time active members of the trade union took part in them. Finally, trade union members under 18 years of age are not allowed to take part in votes on those resolutions of the general meeting which have to be taken by secret ballot. They may, however, take part in elections. Any decision concerning the amendment of the rules or the dissolution of the association must be taken in the presence of at least one half of the members and by a three-quarters majority of members present. Decisions concerning any change in the aims of the association can be taken only with the consent of all the members. Members absent from the meeting must give their consent in writing (Articles 99 and 100 of the Civil Code). These latter provisions involve conditions stricter than those which are laid down in the Trade Union Act and have not yet been explicitly repealed by the new regulations. Section 2, paragraph 2, of the Trade Union Act of 1920 provides, in fact, that, in any question of the dissolution of a trade union or alteration of its rules, whenever the requisite conditions for passing resolutions have not been fulfilled by the end of the second meeting, the committee may not convene a further meeting before the end of another month. The meeting thus convened is to be considered as a first meeting and the vote is to be taken, in accordance with the provisions cited above, by an absolute majority of the members present, and on 15 218 LABOUR PROBLEMS IN GREECE condition that at least one third of the regular members have taken part in the vote. The 1920 Act also contains the following special provisions on voting in the event of strikes or lockouts : In the event of a strike provoked by a trade union—irrespective of the manner in which it takes place—the persons permanently or temporarily entrusted with the direction of the trade union on the date in question, even if they are fulfilling their duties pending replacement, shall within 48 hours after the beginning of the strike, convene a general meeting of the members, except in the case when the strike has been resolved upon by a general meeting held not more than eight days earlier. If the meeting is not qualified to adopt resolutions within the meaning of the present Act, a new meeting shall be called within 24 hours. If this meeting also is not qualified to adopt resolutions within the meaning of the Act, the executive of the union shall not undertake any business on behalf of the union during the strike, other than the calling of a new meeting and the representation of the union before the administrative authorities (section 8). The same provisions apply to employers' associations in the event of a lockout. Final decisions taken by a general meeting are null and void if they are either illegal or immoral. Such invalidity, however, must be definitely pronounced by the court, as the result of an action brought within a timelimit of six months, from the date of the decision in question, by any member who disagrees, or " b y any other person legitimately concerned ". Furthermore, at the request of the administrative committee of the union, or of one of its members, or of the public prosecutor, the president of the court of first instance may refuse to give effect to an invalid resolution. From the above analysis, it will be seen that the internal life of the trade unions is regulated in detail and that the provisions contained in trade union rules are to a large extent prescribed by legislation. But with the exception of certain provisions which are so vague that they give rise to futile controversy (these will be referred to at the end of the chapter), the majority of the clauses concerned seem inspired solely by the desire to guide inexperienced trade unions in the drafting of regulations to govern their organisation and activities. It may also be noted that this " code for the regulation of trade union life " is, in its main lines, in accordance with the rules which trade unions in other countries have freely adopted. THE TRADE UNION SITUATION 219 On the other hand, as will be seen later, certain provisions concerning the supervision of trade unions and their enforced dissolution have given rise to appreciable difficulties in practice. Supervision of Occupational Organisations Section 19 of the Associations Act of 1914 limits supervision to the following matters : (a) the application of the provisions of the Act ; (b) the observance of the rules ; and (c) supervision of the administration and the funds of associations. So far as occupational organisations are concerned, this supervision is exercised by officials of the Ministry of Labour and in their absence by the prefects (nomarchs). At the present time, the Minister of Labour is the supreme supervisory authority. In order to prevent any arbitrary action on the part of labour inspectors or prefects, any party concerned is entitled to appeal against their decisions. Such appeals must be addressed to the Minister of Labour, whose decisions are final. Labour inspectors, and, in their absence, the prefects, may, at the request of the Minister of Labour on his own initiative, or at the request of at least 20 members who have fulfilled their obligations under the rules, undertake enquiries, written or oral, with regard to any persons entrusted with administrative duties, or with regard to any other persons, or may proceed to examine the books and accounts. A report on each case must be made to the Minister of Labour. They may also take part in trade union meetings and supervise such meetings in accordance with the provisions of the law. It would appear, however, that this right of attendance at and supervision of meetings granted to the labour inspectorate or to the prefects does not extend to trade union meetings in camera, since the Constitution guarantees all Greek citizens the right to meet peacefully and without arms. The Constitution further provides that the police may be present only at public meetings. Nevertheless, open-air meetings may be forbidden if they endanger public security as defined in the Act. Section 32 of the 1914 Act also provides that, if it is proved that the rules of an association have been violated, or in the event of any other " anomaly ", the supervising authority may request the governing body of the association concerned to take all necessary measures to restore order within a definite time-limit. If, at the expiration of this time-limit, the necessary 220 LABOUR PROBLEMS IN GREECE action has not been taken, the penalties provided for in section 41 of the Act, i.e., a fine or two months' imprisonment, or both, may be enforced. Section 33 of the same Act adds that should it be proved that an infringement has been committed involving the penalties provided for by the Act, and still more, if some serious administrative or financial irregularity has been proved such as to involve sanctions under the Penal Code, the Minister of Labour may dismiss the administrative committee and appoint a provisional committee. The Minister must, however, immediately convene an extraordinary general meeting in order to proceed to the election of a new committee. In the event provided for in this section there is clearly no question of more than the provisional suspension of an administrative committee, and not of the dissolution of an organisation as such, since such action would clearly be inconsistent with Article 11 of the Constitution, which, as has been shown above, reserves for the judiciary alone the power of pronouncing the dissolution of such an association, under conditions which will be considered below. Dissolution and Reconstitution of Occupational Organisations In common with the laws of most other countries, Greek law makes a distinction between the voluntary dissolution of an association and its dissolution by the judiciary. Any association may at any moment be voluntarily dissolved as the result of a decision taken by the general meeting, in accordance with the procedure laid down by its rules and by the law. The association is considered to be dissolved when the number of its members is less than ten. Dissolution by the judiciary is provided for in the circumstances enumerated in Article 105 of the Civil Code. This Article is in the following terms : An association may be dissolved as the result of a verdict given by the court of first instance at the request of the administrative committee, or at the request of one fifth of the members, or also at the request of the supervising authority, in the following circumstances : (1) if it is impossible to appoint an administrative committee as the result of a reduction in the number of members, or for any other reason, or if it is established that the operation of the association has become impossible under the existing rules ; T H E TRADE UNION SITUATION 221 (2) if the objects of the association have been attained or if, as the result of a long suspension of its activities, it can be concluded that the association has abandoned its professed objects ; (3) if the association is pursuing objects different from those assigned in its rules or if the objects or the activities of the association are contrary to law or to good morals, or constitute a menace to public order. An appeal may be lodged against the verdict of the court of first instance to the court of appeal, whose decision is final. The funds of a dissolved organisation are distributed in accordance with the rules. In default of provisions to this effect, the assets of the organisation in liquidation revert to the Treasury, which is required to apply them to the objects pursued by the dissolved body. In no circumstances may the assets of an association be divided among its members. The provision which at the present time is undoubtedly the most important of all these many regulations is that which deals with the appointment of a provisional executive in the event of the absence of persons entrusted with the administration of an association. Article 69 of the Civil Code provides that the president of the court of first instance may appoint a provisional administrative committee " at the request of any persons concerned ", if any of the persons responsible for the administration of the association are not present or if their interests are opposed to the interests of the association. At the present time, the whole process of reconstructing the Greek trade union movement is based on this provision of the Civil Code, which was introduced only recently into the legislation and which could not, therefore, be invoked during the long political and judicial struggle that took place in connection with the appointment of a Provisional Executive of the Greek General Confederation of Labour. The full significance of this regulation will be discussed later on. The Practical Reconstruction of the Trade Union Movement The problem of reconstructing the Greek trade union movement was not so much a legal problem—since legislation prior to the dictatorship period supplied a reasonably appropriate foundation for this purpose—as a practical problem, which might be defined as the problem of restarting a free 222 LABOUR PROBLEMS IN GREECE trade union movement that should be united, really representative of the working classes and, in consequence, competent to defend the occupational interests of its members and to play its part in the reconstruction of the war-devastated country. It was clearly inevitable that the reconstruction of the Greek trade union movement would be an undertaking of particular difficulty, since trade union freedom was completely eclipsed from the moment that General Metaxas took power (4 August 1936) until the liberation (12 October 1944). During this long period, official trade unions whose leaders were directly appointed by the Executive Power were substituted for the old free trade unions. At the liberation, therefore, it became at once necessary to reconstruct ab initio a free trade union movement which could dispense with the wardenship of the public authorities. It is not without interest to note that as the result of the installation of dictatorships and of enemy occupation, many countries in Europe, e.g., France, Italy and all countries in Central Europe and the Balkans, passed through the same crisis. None the less, in all these countries it was found possible to reconstruct the trade union movement rapidly, so that it has again been operating normally for several years. The main obstacle to a rapid reconstruction of the trade union movement in Greece was the extreme division existing within the movement itself, as expressed in rival tendencies which had been exacerbated by the civil war. According to a memorandum of the Greek Ministry of Labour \ there were, at the time of the liberation, at least six main tendencies in the Right group, and as many in the Left group. The existence of these tendencies, the real importance of which could not be determined in default of elections, and which owed their origin as much to personal ambitions as to ideological differences, naturally led to a fierce campaign for the domination of the trade union movement. The result was that the mere question of appointing a Provisional Executive to undertake as soon as possible genuine elections among the organised workers, for the purpose of 1 Ci. Notes on the Memorandum of the W.F.T.U. concerning Alleged Action Prejudicial to Greek Trade Union Organisations (Athens, 10 August 1946). This memorandum was published after the dissolution of the Executive elected by the General Confederation of Labour. THE TRADE UNION SITUATION 223 setting up the ordinary executive and administrative bodies, assumed a political importance of the first order. All the parties concerned were profoundly convinced that an Executive, even a provisional one, whose duty it was to hold elections, would always be able to influence those elections in such a way that its own group would inevitably come off victorious. The problem, therefore, was to find a place in the Provisional Executive for representatives of all tendencies, to induce these representatives to co-operate honestly in organising elections, and finally to make them accept the results of such elections with a good grace. It was to the solution of this apparently simple problem that the representatives of the British Trades Union Congress, the World Federation of Trade Unions, successive Greek Governments, the judicial authorities and the Labour Attaches of Great Britain and the United States addressed their earnest endeavours. In order to form an objective judgment on the existing situation, a brief historical survey must be given of the efforts made and of the reasons why they failed. Two main periods may be distinguished : (1) the period from the. liberation until the invalidation by the Council of State of the Executive elected by the first postwar Pan-Hellenic Trade Union Congress (29 May 1946) ; (2) the period between the appointment by the courts of a Provisional Executive and the holding of the Pan-Hellenic Trade Union Congress in March 1948. FIRST ATTEMPT TO RECONSTRUCT THE TRADE UNION MOVEMENT The Trade Union Movement at the Time of the Liberation The Greek Government in exile, appreciating the difficulties which would inevitably arise in reconstructing the free trade union movement after the liberation of the country, issued on 31 October 1942 an Act concerning the re-establishment of trade union liberties. Section 1 of this Act repealed the Act of 1938 on occupational organisations which was issued during the dictatorship, together with all other provisions of Acts or Royal Decrees subsequently 224 LABOUR PROBLEMS IN GREECE issued concerning the composition, functioning and representation of the " National Confederation of the Workers of Greece ", or of unions of wage earners of all kinds, or federations of such unions. Section 2 re-established the 1914 Associations Act and the 1920 Trade Union Act and provided that the amendment of trade union rules made necessary as a result of the repeal of the 1938 Act should be carried out by a decision of the general meeting of the members of the unions, or of their federations. Under section 3, persons who, under the repealed Act, had been entrusted by the unions with any special duties or with any representational functions, were to be considered as suspended from their functions from the time of the occupation of Greece by the enemy. Finally, under section 4, a Royal Decree, issued on the proposal of the Minister of Labour, was to settle all questions which might arise as a result of the repeal of the 1938 Act, and of the re-enactment of the 1914 Act on associations and of the 1920 Act on trade unions, together with all other executive details raised by the Act in question. This Act was to come into force at the date of its publication in the Gazette of the Greek Government in exile, published in London. It will be seen, therefore, that the Act of 31 October 1942 completely abolished all the legislation of the dictatorship, reestablished trade union liberty and authorised the Government, by Decree issued on the proposal of the Minister of Labour, to regulate all practical questions which might arise as the result of the re-establishment of the old laws which guaranteed trade union freedom. In practice, from the liberation onwards, representatives of the " Greek General Confederation of Labour ", which had been reconstructed underground, and which had taken an active part in the resistance movement known as E.A.M., had taken possession of the headquarters of the General Confederation of Labour at Athens and also the headquarters of other workers' centres in the provincial towns, both of trade union federations and of local unions. This action by the Left elements of the trade union movement led to protests from the remaining elements, who were thus expelled from the leadership of the trade union movement. T H E TRADE UNION SITUATION 225 In pursuance of the powers conferred upon him by section 4 of the Act of 31 October 1942, the Minister of Labour then in office, Mr. Porphyrogenis, a Communist, appointed, by a decision of 28 November 1944, a Provisional Executive Committee of which all the members belonged to E.A.M., and instructed this committee to proceed at once to hold elections. The legality of this decision was contested on the grounds that the Act of 31 October 1942 had not yet been published in the Greek Government Gazette and that such publication was considered indispensable for its validity. However that may be, the date fixed for the elections (early December 1944) saw the outbreak of the civil war which has continued uninterruptedly, despite long periods of comparative calm, not only on the frontiers but even within the country itself. After the rebellion had been put down in Athens, the Provisional Executive of the Greek General Confederation of Labour, which was accused not only of being illegal but of having taken part in the revolt, was divested of its functions by the Government and replaced, on 15 January 1945, by a new Provisional Executive, composed exclusively of members of the Reformist trade union movement. It was clear that, in the political atmosphere of the time, it would be impossible to reconstruct a united trade union movement without the intervention of some conciliatory body which was in a position to take a disinterested view of the conflict. Intervention by the British Trades Union Congress and the World Federation of Trade Unions A delegation of the British Trades Union Congress (T.U.C.), and later of the World Federation of Trade Unions, undertook this work of conciliation, and a whole series of agreements between the various Greek trade union movements were in fact concluded under their auspices. The main heads of these agreements must be specified below, firstly because they appeared to offer every possible preliminary guarantee to the various parties concerned, and secondly because all the Acts and ministerial decisions concerning the reconstruction of the Greek trade union movement were directly based upon them. 226 LABOUR PROBLEMS IN GREECE The first of these agreements—generally known as the Citrine Agreement—was concluded on 29 January 1945between the Provisional Executive (Reformist) of the General Confederation of Labour and the representatives of the former Executive. This agreement provided, inter alia : (a) that elections should be held in accordance both with legislation in force before 4 August 1936 (pre-dictatorship) and with the rules in force on that date, in order to guarantee the free expression of the wishes of the workers and the free choice of their representatives (clauses 1 and 2) ; (b) that in order to ensure an equitable application of the preceding clauses, the elections were to be held under the supervision of the judicial authorities by judges appointed by the High Court (clause 3) ; (c) that a committee composed of a representative of the existing Provisional Executive, a representative of the previous Provisional Executive and a representative of the T.U.C, was to supervise the elections (clause 4) ; (d) that the Provisional Executive was to undertake to hold elections in Athens and Piraeus, before 15 February, in twenty organisations in each of these towns (clause 5) ; (e) that elections were also to be held in other towns as soon as they passed under Government control (clause 6) ; (f) that in the event of the existing abnormal situation coming to an end, the Provisional Executive of the General Confederation of Labour was to be reorganised by general agreement in such a way as to represent all the tendencies of all the workers. Once these conditions were fulfilled, fresh elections were to take place in all Greek trade union organisations (clause 7). The agreement added that the Minister of Labour had taken cognisance of its provisions and agreed, on behalf of the Government, to take all the necessary legal measures to assure workers both the right of voting and the right of eligibility. A second agreement—known as the Tewson Agreement—concluded on 25 February 1945 between the same parties, while confirming the preceding agreement, supplemented it by several further clauses concerning the elections and the reorganisation of the Provisional Executive. Under clause 2, the Minister of Labour, who was responsible for the appointment of the Provisional Executive, was to proceed to reorganise the Executive in accordance with clause 7 of the Citrine Agreement quoted above, and after consultation with the two parties concerned. Under clause 4, the parties agreed to recognise that it was necessary to hold elections so that the question of the manage- THE TRADE UNION SITUATION 227 ment of the trade unions could be settled by the Greek trade union movement itself. Each one of the parties represented on the supervisory commission for the elections provided for in clause 4 of the Citrine Agreement was to undertake to continue in all circumstances to collaborate with the British and other representatives on the commission until the elections had actually taken place. Under the third agreement, dated 29 February 1945 and known as the Feather Agreement, the parties agreed to the composition of the new Provisional Executive of the Confederation, which had been established in the meantime, comprising 21 members, of whom 11 belonged to the Reformist group, 4 to the Socialist group, 4 to the Communist group and 2 to the Trade Union (Revolutionary) group. The parties also agreed to ask the Minister of Labour to introduce by legislative means a system of proportional representation in the trade union organisations and to amend the rules of the trade unions to this effect. They agreed also to abstain from all criticism, by demonstrations or otherwise, until the convocation of the Congress. Any charges concerning a violation of the agreement were to be considered in common and decisions were to be taken by a majority vote. Finally, the reconstruction of the Executive of the General Confederation of Labour was to involve the reconstruction, on the same plan, of all trade union organisations, from top to bottom, by means of an agreement between all the parties concerned, both in the interests of trade union unity and with a view to making proper preparations for the elections. The fourth agreement—also known as the Feather Agreement—concluded on 26 June 1945, provided that the Provisional Executive, reconstructed as shown above, should take all necessary measures to enable the Trade Union Congress to meet on 10 September 1945 at latest. In the event of the Congress not being able to meet at this date, the Provisional Executive would be automatically divested of its functions and replaced by a new Executive, consisting also of 21 members proposed by the workers' centres of Athens, Piraeus, Salónica, Volo and Patras, whose sole duty would be to convene the Congress at the earliest possible date. Lastly it should be mentioned that, on 2 December 1945, all the various tendencies of the Greek trade union movement met in conference under the chairmanship of Mr. Louis Saillant, 228 LABOUR PROBLEMS IN GREECE General Secretary of the W.F.T.U., assisted by Mr. V. Feather, representing the British Trades Union Congress, and Mr. A. Verret, head of the office of the Secretary-General of the W.F.T.U., and concluded an agreement by which they undertook : (1) to accept and respect the results of the elections undertaken in order to reconstruct the unity of the Greek Confederation of Labour ; (2) to reconstitute each one of the organisations constituting the Greek General Confederation of Labour on the basis of a democratic régime ensuring free representation, free discussion, freely agreed discipline, and the responsibility of the leaders of the trade union movement to their meetings and congresses ; (3) to work for the adoption, at a national congress of the Greek trade unions, to be organised on 1 March 1946 by the leaders chosen at the forthcoming elections, of the rules of the Greek General Confederation of Labour, in accordance with the main, fundamental trade union principles contained in the Charter of the W.F.T.U. ; (4) as an immediate measure, to withdraw without delay any protests which might have been formulated against the provisions of Decision No. 24792 of the Greek Minister of Labour \ in order to make it possible to appoint the leaders of the Greek General Confederation of Labour ; and (5) to undertake to submit to the decisions of a delegation consisting of four representatives of the W.F.T.U., whose duty it would be to consider and settle any detailed protest which might exist concerning individual elections for certain local trade unions. As a result of this series of preliminary agreements freely entered into between the various trade union tendencies, all possible guarantees seemed to have been taken for ensuring the reconstruction of the Greek trade union movement on a really democratic basis. It then became necessary to ensure that these agreements would be implemented by legislation. Legislative Action Along with these attempts at reconciling the various parties through the medium of the T.U.C, and the W.F.T.U., there 1 See below, p. 233. T H E TRADE UNION SITUATION 229 was an attempt to reconstruct the trade union movement by legislative means. The first measure which should be mentioned in this connection was the Varkiza Agreement (from the name of the place where it was signed), which was concluded between the leaders of the rebellion and the Government with a view to putting an end to the civil war in the country. This Agreement was ratified by a Constitutional Act of 20 March 1945 S section 5 of which deals with the question of freedom of association and of meeting. This section is as follows : The Government, which, as the result of the insurrection, has been compelled to proclaim martial law, declares its readiness to revoke the proclamation of martial law as soon as the general pacification which is expected to be the result of the present meeting is an assured fact. It also undertakes to grant all citizens the fundamental right of free meeting and of free association as laid down in the Constitution and in existing legislation. By " existing legislation " is meant legislation previous to the dictatorship of General Metaxas, and particularly legislation concerning the free election of the executive committees of trade unions and of the General Confederation of Labour, in accordance with those regulations which ensure the workers the absolute right of free elections and leave the Government no power to intervene in an arbitrary manner in the trade union affairs of wage earners. This same principle has been laid down in the minutes of the latest conference between the representatives of the2 British trade unions and the representatives of the Greek workers. Thus the agreements concluded between the various trade union tendencies in Greece were reinforced by an agreement between the Government and the leaders of the rebellion. The second legislative measure which had to be taken was the putting into force, by its insertion in the Government Gazette, of the Act of 31 October 1942 for restoring trade union liberties, mentioned above. 3 In virtue of these provisions, the Government acquired the necessary powers to settle all practical matters which might be raised as a result of the re-establishment of trade union liberties. As a result of the wide devolution of powers provided for in section 4 of the Act in question, the Government took a whole series of measures for the purpose of giving effect to the agreements concluded between the various trade union tendencies and thus reconstructing a free trade union movement. 1 2 Cf. Government Gazette, 23 March 1945. Cf. the Citrine Agreement, cited above, p. 226. 3 See p. 223. 230 LABOUR PROBLEMS IN GREECE The then Minister of Labour (Mr. Zakkas) began by setting up, in accordance with the Feather Agreement, a supervisory commission, composed of a high official of the Ministry of Labour, a representative of the Reformist trade union tendency, and a representative of the extreme Left, under the chairmanship of Mr. Feather, the representative of the T.U.C. In a series of communiqués, this commission formulated the conditions under which the trade union elections should take place. Thus, in order to prevent any plurality in voting, communiqué No. 2 laid down that each worker should have only one vote in the union for his occupation and, in order to guarantee the strict observance of this principle, the supervisory committee was to check the registers of the unions, and to identify members who had the right to vote by stamping the identity card of each elector, thus making it impossible for him to vote in the election for any other trade union. In its communiqué No. 10, the commission made it clear that the elections could not be considered valid unless the quorum required by trade union law, and explained earlier in this chapter 1 , were observed. In view of the possibility that one of its members might not continue to be present, and that it might therefore not be able to carry its supervisory work to its conclusion, the commission let it be known that no representation could be considered valid if the elections were not held in accordance with the existing trade union laws and the current rules, and with the decisions of the supervisory commission, in particular those concerning the calling of general meetings, the constitution of supervisory committees, electoral procedure, etc. Finally, the commission stated that elections which failed to conform with these regulations would be contrary to the Citrine Agreement and should be considered as null and void. An Act of 9 June 1945 (No. 393) 2, issued in application of the Act concerning the re-establishment of trade union liberties, authorised the Ministry of Labour to reconstruct, by Ministerial Order alone, the Provisional Executive of the General Confederation of Labour and to define its competence with a view to establishing orderly administration within the Confederation, the trade unions and the federations of trade unions. The same 1 2 See p. 216. Cf. Government Gazette, 21 June 1945. THE TRADE UNION SITUATION 231 Ministerial Order was to fix the time-limit—six months at most—within which the Provisional Executive was to complete its work or, if this proved impossible, was to consider what measures should in that case be taken. Under the terms of the Act, the Minister was not entitled to exercise this power more than once. The Ministerial Decision issued in virtue of this Legislative Decree, dated 3 July 1945 (No. 12848) S re-established a Provisional Executive in accordance with the Feather Agreement between the various trade union tendencies, and instructed it to restore " order within the trade unions " and to organise elections, in accordance with the laws and rules in force before the dictatorship, with a view to choosing the administrative organs of the trade unions, of the trade union federations in general, and of the Greek General Confederation of Labour. With this end in view, the Provisional Executive was, as soon as possible, to replace the executive committees of all the federations and unions of trade unions which had not yet conformed to the agreement between the four trade union tendencies, and to appoint in each of these organisations a provisional committee of between ten and fourteen members, of whom two were to belong to the former elected committee and the remainder would be divided between the four trade union tendencies. If by 20 September 1945 it had been found impossible to elect a permanent Executive of the General Confederation, the Provisional Executive was to cease to exist from 21 September, unless, by a decision taken by five sevenths of the members, and communicated to the Minister of Labour, it considered it imperative to prolong its existence with a view to finishing its work within a maximum time-limit of forty days. Thus the law fully confirmed the agreements entered into between the parties directly concerned. The Provisional Executive unanimously decided to set up, in eleven workers' centres, committees representative of all existing tendencies. Orders were sent to this effect, bearing the signature of the representatives of the four tendencies. According, however, to the memorandum published by the Minister of Labour, mentioned above 2 , it would seem that not all the workers' centres in the provinces carried out the order. 1 2 Cf. Government Gazette, 3 July 1945, Part II. See p. 222, footnote 1. 232 LABOUR PROBLEMS IN GREECE Certain local committees which, under the terms of existing agreements, should have been reconstructed on the lines of the Provisional Executive of the Greek General Confederation of Labour proceeded at once to hold elections and to confirm themselves in their position. Numerous irregularities, particularly concerning plurality of voting and the quorum, were alleged to have taken place, and in many provincial industrial centres the Reformist workers abstained from taking part in the elections. 1 However that may be, the time-limit fixed by the Ministerial Decision (20 September 1945) expired before orderly administration had been re-established in the trade unions. It should be remembered that, according to the terms of the Legislative Decree of 9 June 1945, the Minister of Labour was entitled to take once only, by simple ministerial decision, measures to regulate any practical questions which might arise as the result of the re-establishment of trade union liberty. It therefore became essential to renew this authorisation. This was the subject of several Legislative Decrees, dated respectively 29 September 1945 2, 22 October 19453, 8 December 1945 4 and 16 January 1946.5 According to the Legislative Decree of 29 September 1945, the Minister of Labour may, by decisions issued within ten days of the publication of the Decree in the Government Gazette regulate afresh, in part or in whole, the questions referred to in the Act of 9 June 1945, and may extend the time-limit therein specified by four months at most. The Legislative Decree of 22 October 1945 extended these time-limits for another fortnight. It also provided that the judges should take part in the elections and also in the meetings entrusted with the duty of electing supervisory committees of trade unions or of trade union federations, and should also take all necessary measures to ensure that the elections would be held according to the provisions of the Act on associations, and according to the rules of the trade unions themselves. Furthermore, by decision of the Minister of Labour, the judges might be entrusted with the duty of taking all necessary steps to 1 2 8 4 5 Op. cit., p p . 14 et seq. Cf. Government Gazette, 29 September 1945. Idem, 22 October 1945. Idem, 8 December 1945. Idem, 16 J a n u a r y 1946. THE TRADE UNION SITUATION 233 ensure the proper conduct of elections and to set up or to complete the provisional executives of the trade union federations. A further Ministerial Decision, dated 23 October 1945 (No. 24792) \ taken in pursuance of this authorisation, set up a new Provisional Executive of the Greek General Confederation of Labour, with the duty of organising regular elections as soon as possible. According to the first Feather Agreement, cited above2, the previous Provisional Executive was to be automatically relieved of its functions if it did not succeed in convening the Congress within a time-limit of six months, and was to be replaced by a new Executive consisting of an equal number of members proposed by the workers' centres of Athens, Piraeus, Salónica, Volo and Patras. The new Executive of the General Confederation was composed of four secretaries representing the four main tendencies, each assuming in turn the duties of secretary-general for a month, and of eleven other members elected on the system of proportional representation by the executives of the trade unions of Athens and Piraeus, established by elections duly confirmed by the judiciary. Careful provisions were laid down in the ministerial decision both in order to guarantee the bona fides of these elections and to ensure a proper representation of minorities in all circumstances. The provisional executives of the workers' centres, the trade union federations and the trade unions were to be reorganised on the same lines, as well as the new supervisory committees, on which the four main tendencies were to be duly represented. Finally, new elections were to take place, at latest within fifty days, in all cases where the preceding elections had not been considered valid. After these new elections a Pan-Hellenic Trade Union Congress was to meet on 18 March 1946 at latest, to elect a permanent Executive of the Greek General Confederation of Labour. 3 1 Cf. Government Gazette, 23 October 1945, Vol. II, No. 153. See p. 227. 3 This decision (No. 24792) was supplemented by a decision of 28 December 1945 extending the time-limit for the reconstruction of the Provisional Executive of the Greek General Confederation of Labour. 16 2 234 LABOUR PROBLEMS IN GREECE It will be noted that, in accordance with a previous agreement between the various trade union tendencies, the new provisional executives, both of the Greek General Confederation of Labour and of the local organisations, were no longer composed solely of representatives chosen by the Minister of Labour, but also of representatives elected under a system of proportional representation. The Ministerial Decision of 23 October 1945, which, as will be seen later, was to be the subject of an appeal to the Council of State, was followed by the Legislative Decree of 8 December 1945 containing an " authentic interpretation " of the Legislative Decree of 9 June 1.945. This Decree gave legal sanction to the method of appointing the members of the new Provisional Executive of the Confederation by providing that the Minister of Labour might proceed to reconstruct the Provisional Executive by ministerial decisions, again by means of elections, and might also prescribe the general organisation of the elections and in particular the distribution of seats. Finally, a Legislative Decree of 16 January 1946 laid down that the ministerial decisions published after the expiry of the time-limits fixed in the Legislative Decrees issued in 1945 were legally valid. Eighth Pan-Hellenic Trade Union Congress Thus, new elections were to take place in all the workers' centres where the previous elections had been denounced as invalid or considered as such by the supervisory commission under the chairmanship of Mr. Feather. The bona fides of these new elections were once more contested by an important proportion of the trade union movement, but apparently without the legislative provisions concerning the invalidity of elections 1 being invoked, and without any appeal to the courts to pronounce on the validity of the elections. The principal complaints against the elections, according to the memorandum published by the Ministry of Labour on 10 August 1946 2, immediately after the dissolution of the Committee of the General Confederation elected by the PanHellenic Trade Union Congress, were as follows : 1 See above, p . 216. Cf. Notes on the Memorandum of the W.F.T.U. concerning Action Prejudicial to Greek Trade Union Organisations, op. cit. 2 Alleged THE TRADE UNION SITUATION 235 . . . New elections were not organised in all centres where the previous ones had been contrary to agreements or to the law or where abstentions of other tendencies on a large scale had been noted. . . . It is true that new elections took place in eight workers' centres (Salónica, Verria, etc.) but these were on the same lines as the previous ones. At Athens and Piraeus, when the conduct of the elections was checked, several violations of the regulations were noted, chiefly relating to the legal provisions concerning the quorum. Furthermore, it has been alleged that measures were not always taken to identify electors, as prescribed by the supervisory commission, in order to ascertain whether or no the elector was a member of the trade union for which he was voting. The consequence of this was that several persons voted more than once, and the results thus obtained cannot be considered as expressing the incontestable will of the working classes. The workers of the nationalist workers' bloc, who, as was noted on several occasions, constituted a majority, protested energetically and, while denouncing the abuses which had been brought to light, abstained from voting. The arrival of Mr. Saillant, Secretary-General of the W.F.T.U., gave rise to hopes of a solution. He was made acquainted with the objects of the nationalist bloc. He promised to send a delegation of the W.F.T.U. during January 1946 to consider the facts advanced and to clear up the position before the convocation of the Pan-Hellenic Trade Union Congress, which, in these circumstances, was fixed by mutual agreement for 1 March 1946. 1 This commission of enquiry promised by the W.F.T.U. did not arrive. The nationalist organisations continued their protests against the intrigues of the extreme Left and denounced the violation of the agreement concluded under the auspices of Mr. Saillant. They finally decided to abstain from these elections . . . and to take no further part in the Congress. The Eighth Pan-Hellenic Trade Union Congress met a t Athens from 1 to 7 March 1946. According to the organisers of t h e Congress, t h e delegates taking part in it represented 258,000 t r a d e union members. 2 A permanent Executive Committee of t h e Greek General Confederation of Labour was elected on t h e system of proportional representation, and several seats were reserved for t h e Reformist tendency. At t h e end of t h e Congress, a declaration, signed by t h e officers of t h e Congress and by the representatives of t h e French, British and Russian t r a d e union movements who had attended, was adopted as follows : 1 2 See above, p. 228, for the text of this agreement. This figure has been contested by the Reformist bloc. 236 LABOUR PROBLEMS IN GREECE The undersigned, being the officers of the Eighth Congress of the Greek General Confederation of Labour and the delegation of the W.F.T.U. which came to Greece with the special mission of considering the legality of the composition and conduct of the Congress, declare as follows : The composition and conduct of the Eighth Congress of the Greek General Confederation of Labour, held at Athens from 1 to 7 March 1946, have been entirely in accordance with the laws in force and with the rules of the Greek General Confederation of Labour, and according to the directives given by the World Federation of Trade Unions. Consequently, the decisions of this Congress are such as to express the will of the working class in Greece, and the Executive. of the Greek General Confederation of Labour elected by this Congress is considered to be the only legal Executive. Finally, the Pan-Hellenic Trade Union Congress adopted certain amendments to the rules of the Greek Confederation of Labour which the newly elected Executive submitted for approval to the Athens court of first instance, in accordance with the legislation analysed above. 1 By decision of 7 May 1946 (No. 2825/1946), the court, considering " that the amendments introduced into the rules of the organisation entitled 'Greek General Confederation of Labour ' are legal and made in accordance with the legal provisions in force ", accepted the application of the Executive and ordered that the rules should be published and inserted in the Register of Associations. By this action, the court recognised the validity of the new rules of the Greek General Confederation of Labour. Intervention of the Council of State Earlier in this chapter reference was made to the conditions under which the validity of trade union elections or the decisions of a trade union meeting could be contested. Article 101 of the Civil Code provides inter alia that any decision of a general meeting contrary to the law or to the rules of the association is null and void. Nevertheless, its annulment can be pronounced only by a court of law as the result of an action brought either by a dissenting member or by any other person legitimately concerned. Article 101 of the Civil Code fixes a six months' time-limit within which a decision taken by a general meeting can be ^ e e p. 217. THE TRADE UNION SITUATION 237 contested. A verdict of invalidity is valid against all opposition. The effect of these provisions is that only the regular courts, and not the Executive Power, can invalidate either elections or the decisions of a general meeting. It has already been shown, however, that the persons concerned did not resort to this normal judicial procedure, which is of course long and uncertain, since proof of the illegality of the elections would have had to be established for all the trade unions in the country. Consequently, the parties concerned preferred to have recourse to the Council of State for the purpose of annulling the ministerial decisions in virtue of which the elections had been held. In their view, the invalidation of these decisions would automatically involve the invalidity of all the elections and therefore the removal of the Executive recently elected by the Pan-Hellenic Trade Union Congress. The decision of the Council of State was published on 29 May 1946 (No. 885/1946) and was arrived at as the result of long discussions, in the course of which the whole situation de fado and de jure of the trade union movement was examined in great detail. The decision is not only of great importance in itself, since it led to the dismissal of the Executive elected by the Congress but, as will be seen later, it also has a very considerable bearing on the future of the trade union movement in Greece. It will therefore be useful to analyse it in some detail. The appeal against the decisions of the Minister of Labour dated 23 October and 28 December 1945, summarised above, was based mainly on the following charges : (1) violation of Article 11 of the Constitution ; (2) exceeding of legislative authorisation ; (3) improper use of such authorisation ; and (4) abuse of authority. Before examining the matter in substance, the Council of State pronounced first on the question whether the appeal was admissible in law, an admissibility which had been contested by the defendants, in particular on account of : (1) the nature of the acts under dispute ; (2) the absence of any legitimate interest on the part of the defendants ; and (3) the expiry of the legal time-limit prescribed for the bringing of an action. The Council of State, after referring to the series of agreements between the four main trade union tendencies, entered 238 LABOUR PROBLEMS IN GREECE into under the auspices of t h e British Trades Union Congress and the World Federation of Trade Unions—agreements of which t h e Minister of Labour had been informed and which he had undertaken on behalf of t h e Government t o implement— declared t h a t all these factors were not sufficient to give an intergovernmental character to these acts. The agreements concluded between persons who are endowed with a public mandate (plenipotentiaries), and who are acting on behalf of contracting countries, can alone be considered as international agreements. Now in the case in question, the foreigners who helped the Government in the preparatory stages and in the execution of the disputed acts were not plenipotentiaries and were not acting on behalf of their State, but on behalf of organisations which despite their influence on economic and social life, both national and international, are none the less private organisations, whose actions in no way bind any country, nor do they result in the concluding of any obligation recognised by international law. Consequently, the contention that appeal to the Council of State is unacceptable because of the intergovernmental character of the Acts under dispute must be rejected as being without foundation. The Council of State then rejected t h e argument t h a t t h e appeal was unacceptable because, under t h e Saillant Agreement of 2 December 1945, mentioned above 1 , t h e representatives of t h e four main tendencies of t h e t r a d e union movement h a d given their approval in regard t o t h e m a t t e r s decided by t h e first of the ministerial decisions under dispute, and had furthermore undertaken to withdraw t h e appeal which t h e y had lodged against these decisions. The decision of t h e Council of State proceeds : An agreement of this nature involving a formal acceptance of the ministerial decisions may bind the organisations which are parties to it—and this, under existing legislation, would be a reason for unacceptability—but the case is not the same with regard to the disputing of the act by " physical persons ", even if such persons belong to the parties which have accepted the decision. The acceptance of a decision by the organisations involves for their members a purely moral commitment, and the fact of not conforming to the decision constitutes merely a violation of this moral commitment which may entail sanctions within the organisation itself, from which sanctions the person can escape by withdrawing from the organisation. In other words, the law does not regulate the legal bond between members and their political organisations in such a way as to preclude such members from pursuing through legal channels an appeal for the cancellation of administrative acts which may have been accepted by the organisation to 1 See p. 228. T H E TRADE UNION SITUATION 239 which they belong. In the case under review, the first of the ministerial decisions under dispute has been approved among others by the leader of the National Reformist tendency, a tendency to which the appellant belongs. Nevertheless, such a relation between the appellant and the organisation does not entail for him a legal obligation to abstain from disputing the administrative decisions accepted by his organisation, but only a moral obligation to do so. The decision of the Council of State said that, furthermore, the appellant was a member of the Typesetters' Union and had, as a result, a legitimate interest not only in the legal and harmonious functioning of the trade union to which he belonged, but also in that of the central organisation of trade unions to which his union was affiliated. He had, therefore, a legitimate interest in urging the repeal of the administrative actions which seemed to him to constitute a violation of the Constitution and of trade union legislation. On the subject of the time-limit for bringing an appeal, the Council of State declared that the appeal under judgment was lodged within the prescribed time-limit only as regards the second of the Acts under dispute, dated 28 December 1945. But, it added, as this second Act contained a provision extending the time-limits laid down in the first Act, dated 23 October 1945, the two Acts must be considered as forming a whole and the appeal could therefore be regarded as having been submitted within the stipulated time-limit. After rejecting the pleas put forward by the defendants, the Council of State proceeded to deal with the substance of the question. It began by giving an authoritative interpretation of Article 11 of the Constitution, previously quoted. According to the decision of the Council of State, this Article gives complete freedom to the legislature to settle all problems concerning the organisation and activities of associations, on condition, however, that the provisions of the laws on this subject do not violate the two explicit guarantees contained in the Constitution, namely : (1) that the establishment and dissolution of associations shall never be made dependent on previous authorisation by the Executive Power ; and (2) that the legislature is bound by the tacit but clearly implied restriction in Article 11 of the Constitution, not to limit freedom of association in such a way as to diminish or neutralise it. Furthermore, in view of the fact that freedom to create an association is inconceivable without the freedom for its members to govern it, any intervention by the administrative authorities which substantially hinders the free election of the administrative organs of associations would in principle constitute a serious restriction on freedom of association, such as is forbidden by the Constitution. 240 LABOUR PROBLEMS IN GREECE The Council of State conceded, however, t h a t , in exceptional circumstances, t h e Executive Power might intervene to settle questions concerning t h e administration and activities of associations if their influence, and particularly t h a t of t r a d e union organisations, on t h e economic and social situation was such t h a t t h e State could not remain indifferent to exceptional events likely substantially to prejudice t h e normal functioning of the organisations in question. The decision continued : Nevertheless, such intervention on the part of the State may not exceed the requirements of the state of emergency and may not exceed what is necessary to maintain the union in existence. In particular, Government intervention may not go so far as to influence the appointment of executives of the unions since these must, in accordance with their rules, be the expression of the free will of their members. In view, however, of the fact that for many years the constititutional guarantee of freedom of association was suspended, which had the result of a systematic interference by the State in the appointment of the executives of associations, and particularly of trade unions, it must be admitted that an exceptional situation did in fact exist which justified the intervention of the State with a view to restoring trade union liberties. This was the object of the Act of 31 October 1942 published in London and inserted in the Government Gazette of 25 May 1945. x Such intervention, however, is permissible only within the limits prescribed above, beyond which it must be considered to be contrary to Article 11 of the Constitution. This restriction on State intervention with a view to restoring trade union rights was expressed in the Constitutional Act of 20 March 1945 ratifying the Varkiza Agreement. 2 It may clearly be seen from these texts that the right of the State to intervene in order to restore trade union liberties, acknowledged in principle in exceptional circumstances, is limited to the right to restore the legal régime as it existed before 4 August 1936, and that any further intervention changing such régime for the worse and involving the interference of the Executive Power in the appointment of the executives of trade union organisations . . . should be forbidden. For these reasons, and in virtue of these texts, and within the limits fixed by Article 11 of the Constitution as defined above, the Executive Power was bound not to place any obstacle in the way of the free functioning of the legal régime in force before 4 August 1936 and not in any way to hinder elections held in accordance with rules in force before 4 August 1936, for the appointment of executives, either of trade unions or of workers' centres or of industry federations, or of the Greek General Confederation of Labour. Any attempt on the part of the State to influence elections either by changing the electoral system provided for in the rules, or by appointing the members of executives of unions under whose supervision the said elections were to take place, must be considered as being forbidden. 1 2 See above, pp. 211 and 223. See above, p. 229. THE TRADE UNION SITUATION 241 Thus t h e various measures, recommended by t h e parties actually concerned, in order t h a t t h e elections might be held with a m a x i m u m of guarantees, such as t h e establishment of the system of proportional representation and t h e constitution of supervisory committees for t h e elections, were deemed to be contrary to t h e Constitution and to existing legislation. Particular interest attaches to the passage in t h e decision of t h e Council of State which defined t h e extreme limits of any possible Government intervention : The only intervention which might be considered as justified by exceptional circumstances would be the appointment of a Provisional Executive of the General Confederation of Labour to deal with urgent financial and administrative questions, with a view to safeguarding trade union interests, until such time as a permanent Executive could be elected in accordance with the rules and laws in force before 4 August 1936, and also the supervision of elections by a judge, as provided in constitutional form by the Act of 24 February 1945. 1 The last p a r t of t h e decision enumerated t h e charges made by t h e Council of State against t h e ministerial decisions under dispute, and concluded t h a t these decisions were invalid. In virtue of the two ministerial decisions under dispute, an Executive of the Greek General Federation of Labour was appointed. This consisted of four secretaries appointed by name by the decisions under dispute, who were regarded as the leaders of the four main trade union trends, i.e., Communist, Socialist, Socialist-Syndicalist and National Reformist, and of eleven more members elected by a meeting of the executives of the unions legally elected belonging to the workers' centres of Athens and Piraeus, under a new system of representation which gave, as a matter of privilege, one seat to each of the four tendencies, and a maximum of four seats to a single tendency. Furthermore, the ministerial decisions under dispute provided that the Provisional Executive of the General Confederation of Labour should appoint provisional committees in the trade unions, the workers' centres and the federations, composed of members appointed by each one of the secretaries referred to above, in a number proportionate to the composition of the Provisional Executive of the General Confederation of Labour. Finally, the ministerial decisions prescribed that the provisional executives of the workers' centres should, in all the occupational organisations for which legal elections have not been held, appoint supervisory committees of four members representing each one of the four tendencies referred to above, with a view to supervising the elections. 1 This Act provides that elections in occupational organisations must, under pain of being invalidated, be held under the control of a supervisory committee (as provided for in the rules) presided over by a judge. 242 LABOUR PROBLEMS IN GREECE From all these provisions of the two decisions under dispute, it follows that the Executive Power, on the one hand, did not confine itself to the constitutionally permissible measures of intervention in the matter of the appointment of the Provisional Executive of the General Confederation of Labour, but rather burdened the Executive with functions outside its normal competence, and that, on the other hand, it intervened in the appointment of executives of the workers' centres and trade unions, by appointing members of these organisations to supervise the elections. The system of appointing executives (which should constitute the expression of the free will of all the members) was thus arbitrarily modified, and thus Article 11 of the Constitution and also the Constitutional Act of 20 March 1945 ratifying the Varkiza Agreement were violated. Such violation cannot be covered by the Act of 9 June 1945x which authorised the Minister of Labour to take the decisions under dispute. In other words, this Act, which confers rjowers on the Executive Power which go beyond the limits fixed by the Constitution, as defined above, must be considered as being unconstitutional. The decision of the Council of State concluded that, for all the reasons given above, the two ministerial decisions under which the elections were held were invalid. SECOND ATTEMPT TO RECONSTRUCT THE TRADE UNION MOVEMENT Removal of the Executive of the Greek General Confederation of Labour from Office The decision of the Council of State summarised above confined itself to invalidating the ministerial decisions under which the elections had been organised, but abstained from pronouncing on the validity of these elections and, in addition, from pronouncing on the validity of decisions taken by the Pan-Hellenic Trade Union Congress. In these circumstances, it is not surprising that diametrically opposite views were taken—and still continue to be taken —on the real meaning of the decision of the Council of State. In order to be as impartial as possible, the arguments on either side will now be briefly summarised. The Executive of the Greek General Confederation of Labour, elected at the Congress of March 1946, maintained the view that, under the existing legislation on trade unions, previously described, only the regular judges had the power either to invalidate elections or to annul any decisions which might be deemed to be contrary to the laws and rules in force. 1 See above, p. 230. THE TRADE UNION SITUATION 243 Now, no appeal for t h e invalidation of t h e elections or for t h e annulment of t h e decisions of t h e Congress had been brought before t h e ordinary Courts within the prescribed time-limits, and therefore t h e elected Executive considered itself t h e sole legal representative of t h e Confederation. The opposite view was t a k e n by t h e Legal Council of t h e Government (a consultative body of t h e Government composed of legal experts), which the t h e n Minister of Labour (Mr. Stratos) had consulted as to the action to be taken to give effect t o t h e decisions of t h e Council of State. The arguments advanced by t h e Legal Council m a y be summarised as follows : All elections, whether held in the trade unions themselves or in their federations, must be considered null and void if the supervision of such elections was entrusted to administrative committees established either directly as a result of the decision of the Minister of Labour, now invalidated by the Council of State, or by the Executive of the General Confederation of Labour set up by such decisions, and not to supervisory committees under the presidency of a judge, set up by the trade union rules in force before the dictatorship. Furthermore, the resolutions of general meetings must be considered as invalid in all cases where such meetings were convened by persons not competent to convene them. The technical flaws in the resolutions passed by such general meetings are of such a nature that they invalidate the resolutions passed. The logical consequence of the illegality of the general meetings and the invalidity of the elections is that the Executive Power regains its full freedom and may act as if the election had never taken place, and without being required to await the promulgation of a verdict of invalidity. . . The decisions of the Council of State are, under Greek legislation, self-executory, and an administrative act which has been invalidated by such means at once ceases to be operative without the necessity of replacing it by another act of the Executive Power. According to section 50 of Act No. 3713 of 1928 on the Council of State, the Minister is required to give effect to a decision of the Council of State under pain of the sanctions (fines) provided in Article 487 of the Penal Code. This obligation on the part of the Minister follows from the principle that the decisions of the Council of State bind the Executive Power, which is compelled to put them into force. As a result of this consultation, t h e then Minister of Labour took a series of decisions which, as will be seen later, were to form t h e subject of a further appeal t o the Council of State. B y Decision No. 27985, of 25 J u l y 1946, t h e Minister of L a b o u r invited t h e Secretary-General of t h e General Confederation of Labour, and t h e other members of t h e Executive elected 244 LABOUR PROBLEMS IN GREECE by the Pan-Hellenic Trade. Union Congress, to resign within 48 hours, in accordance with the decision of the Council of State. When the elected Executive refused to resign within the timelimit prescribed in the Order, the Minister, by Decision No. 28525 of 29 July 1946, ordered various officials of the Ministry of Labour to take possession of the offices and archives of the General Confederation of Labour. Finally, by Decision No. 28560 of 30 July 1946, the Minister, acting under sections 32 and 33 of the 1914 Act on Associations, under Decision No. 885/46 of the Council of State, and under section 50 of the 1928 Act (No. 3713) concerning the Council of State, appointed a new Provisional Executive and entrusted this Executive with the duty of proceeding as soon as possible to hold elections in accordance with the rules and laws in force! It may be noted that the new Provisional Executive was composed of 21 members, of whom 5 belonged to the extreme Left tendency. At this juncture the W.F.T.U. delegated its Vice-President, Mr. Léon Jouhaux, to Athens on 26 July 1946 to investigate the trade union situation and, if possible, to bring the parties to an agreement. With this end in view, Mr. J o u h a u x had a number of interviews with the Prime Minister, who was also Minister of Foreign Affairs, and with the Ministers of Labour and Justice, the administrative and judicial authorities, and the representatives of the various trade union tendencies. However, this attempt to find a last-minute settlement was doomed to failure in the face of accomplished facts. 1 Second Intervention of the Council of State The Secretary-General of the elected Executive of the General Confederation of Labour, which had been divested of its functions by the decisions referred to above, appealed to the Council of State against these three ministerial decisions, both in his individual capacity and on behalf of the Greek General Confederation of Labour. The Council of State refused to recognise the appeal lodged by the retiring Secretary-General on behalf of the General 1 For a brief account of Mr. Jouhaux's mission, see International Labour Conference, 29th Session, Montreal, 1946 : Record of Proceedings (Montreal, 1948), Third Part, Appendix I : " Fifth Report of the Credentials Committee", pp. 287-295. See also the discussion on the Fifth Report of the Credentials Committee, ibid., pp. 221-224 and 243-255. THE TRADE UNION SITUATION 245 Confederation of Labour, on t h e ground t h a t , since his expulsion, dated 25 J u l y , he had lost t h e capacity legally to represent t h e Confederation ; b u t it accepted t h e appeal lodged in his personal capacity. The Council of State rejected the appeals against t h e decisions of t h e Minister of Labour dated 25 and 29 J u l y 1946 ordering t h e expulsion of t h e elected Executive and t h e seizure of t h e premises and archives of the General Confederation of Labour, b u t admitted t h e appeal against t h e Ministerial Decision of 30 July, setting up a new Provisional Executive. Below will be found those passages of t h e decision which are of particular importance for the later development of t h e t r a d e union movement. In t h e first place, t h e Council of State confirmed t h e opinion expressed by t h e Legal Council of the Government with regard to t h e invalidity of t h e elections and of t h e decisions taken by t h e Congress. It recalled t h e fact t h a t : Under Article 101 of the Civil Code, any decision of a meeting which is contrary to the laws or rules of the associations is null and void ; but such invalidity must be pronounced by the Court on the application of a dissenting member or any other person legitimately concerned. Such an appeal must be lodged Within six months after the adoption of the decision by the general meeting. A decision of annulment is finally and completely binding. It follows from this Article that the annulment of an illegal decision is not automatic but must result from a specific decision given by the competent court on the request of a person legitimately concerned. But, in the case under review, owing to the fact that the decision (885/46) of the Council of State has invalidated the whole legal basis of the elections, and having regard in particular to their unconstitutional nature, the elections themselves are completely null and void, in accordance with the general principle of law that an invalidated act has no legal effect even if it has not been annulled by a court. Hence, any person, and more particularly the supervisory authority responsible for the supervision of trade unions, may claim such invalidation. Furthermore, in view of the fact that, under section 50 of the 1928 Act on the Council of State, the administrative authority is not only required to give effect to the verdict of the Council of State, but also to restore the status quo as it existed before the decision of annulment, it is for the administrative authorities . . . to take the necessary administrative measures to give effect to the decision of the Council of State. The Council of State came to t h e conclusion t h a t t h e Minister of Labour, in his capacity as t h e supreme supervisory authority of t h e trade unions, and in accordance with t h e decision of t h e Council of State, had, by his decisions of 25 and 29 J u l y 1946, 246 LABOUR PROBLEMS IN GREECE lawfully ordered the expulsion of the elected Executive of the Greek General Confederation of Labour. On the other hand, the Council of State held that the Minister of Labour had no power to appoint a new Provisional Executive to replace the Committee which had been divested of its functions. In this connection, it recalled the fact that, as the result of its own decision (885/46), the authorisation which had been given to the Minister of Labour, under section 4 of the Act of 31 October 1942, restoring trade union liberties x to settle all questions which might arise as the result of the repeal of the Act of 1938 on trade organisations, had ceased to exist, and that no subsequent intervention by the Minister of Labour could be justified by these texts. The Council also rejected the argument of the Minister based upon section 33 of the Associations Act of 1914. It will be remembered that under this section the Minister of Labour is empowered to relieve a trade union executive of its functions and to appoint a provisional executive if it has been proved that an infringement has been committed involving sanctions under the Act in question, or if any serious administrative or financial irregularity has been proved, of such a nature as to involve sanctions under the Penal Code. The decision of the Council of State declared that this provision could not be applied in the case under review because no lawfully elected committee had been divested of its functions as the result of infringements involving penal sanctions. Consequently the Minister of Labour had, under section 33 cited above, no power to substitute his own competence for that of the judge as provided in Article 69 of the revised Civil Code, which came into force under the Legislative Decree of 10 May 1946. This Article provides, as has been shown2, that the president of the court of first instance is empowered to appoint a provisional executive at the request of any person concerned if the persons responsible for the administration are absent, or if their interests are opposed to those of the association. To the defence put forward by the Minister of Labour that, by its decision No. 885/46, the Council of State had authorised him in certain circumstances to appoint a Provisional Executive, the new decision replied that this authorisation was valid only for the period during which the Civil Code had not been put 1 2 See above, p. 224. See above, p. 221. T H E TRADE UNION 247 SITUATION into force and during which there was no legislative provision corresponding to that contained in Article 69. For all these reasons, concluded the decision of the Council of State, the Ministerial Decision of 30 July 1946 concerning the appointment of the Provisional Executive must be considered null and void. As the result of this second intervention of the Council of State, the Greek trade union movement was once more deprived of any kind of an Executive, even of a provisional character. But at least the Council of State believed that it had found a way out of past difficulties in entrusting to the president of the court of first instance, and no longer to the Minister, the delicate task of appointing a new Provisional Executive in accordance with Article 69 of the recently enacted Civil Code. In reality, as will be seen later, the political problem involved in the appointment of an Executive for the General Confederation of Labour had not thereby been solved. In point of fact, the president of the Athens court of first instance shortly afterwards appointed a new Provisional Executive—the seventh since the liberation. However, " on the general unsuitability of the persons selected there was unanimous agreement on the part of the tendencies taking part in the negotiations. The balance between the tendencies was indefensible and many of the persons actually appointed were almost devoid of experience or representative character ". 1 An appeal was immediately lodged and within twenty-four hours a stay of execution was granted until the end of June 1947, clearly in the hope that the direct negotiations which had already been entered upon might result in an agreement that the judge would be able purely and simply to approve. The Resumption of Negotiations The second phase of the negotiations was to occupy the second half of 1946 and a great part of the year 1947. Although the Labour Attachés of the United Kingdom and the United States and the representatives of the British Trades Union Congress, the World Federation of Trade Unions and the American Federation of Labor took an active part in these 1 Cf. TRADES 79th Annual p. 201. UNION CONGRESS : Report of Proceedings Trade Union Congress, held at Southport at the 1-5 Sept. 1947, 248 LABOUR PROBLEMS IN GREECE negotiations, their combined efforts did not succeed in bringing about the expected agreement. A brief summary is given below of the various phases of these new negotiations. The Tsaldaris-Braine Agreement. The first attempt at conciliation was made by Mr. W. Braine, Labour Attaché at Rome, whom the British Secretary of State for Foreign Affairs specially seconded to Athens to undertake negotiations with the various trade union tendencies and with the Greek Government. The negotiations took place under happy auspices, since the then Prime Minister of Greece, Mr. Tsaldaris, had, on 24 October 1946, made a statement to the press on the policy which his Government proposed to follow in connection with the trade union movement. The Prime Minister said, inter alia: The workers' unions will shortly be in a position to hold new elections under conditions and guarantees which will be universally recognised as ensuring the absolutely free expression of the will of the workers in order to produce executives for the direction of the Greek trade union movement. Moreover, the Government will introduce to Parliament legislation regarding trade unions which is in any case notable for its liberal spirit. Freedom to associate for trade union purposes, and especially the self-government of the organisations remote from all Government intervention, will be fully strengthened by this legislation. The day is near when Greek trade unionism, which can boast of tens of years of struggle, will occupy the position to which it is entitled in the international trade union organisation. The Government is irrevocably decided to ensure this, and it can give the categorical assurance that it will achieve the aim in question, which it regards as fundamental. It will then be for the Greek trade union organisation to co-operate with the international trade union movement for the success of the wider objects at which it aims.1 After negotiations which lasted several weeks, an agreement was in fact reached between the Greek Prime Minister and Mr. Braine, the substantial effect of which was to reinstate the members of the elected (but subsequently deposed) Executive, and to add to them an appropriate number of representatives of the Right. The new Provisional Executive was to consist of five members of the Left tendency (E.R.G.A.S.2), two Socialist members 1 Cf. 2 Anti-Fascist Workers' Organisation. T R A D E S U N I O N CONGRESS, op. cit., p. 199. T H E TRADE UNION SITUATION 249 unconnected with E.R.G.A.S., and five members of the Reformist bloc. In accordance with the first decision of the Council of State, the duties of the Committee were to be confined : (1) to safeguarding trade union assets ; (2) to transacting current administrative business ; and (3) to arranging speedily for further elections, to be supervised both by international observers and by Greek judges. The Prime Minister further undertook to convene a conference of all the trade union tendencies so as to ensure that all took part in the forthcoming elections. Finally, under the terms of one of the clauses of the agreement, the trade union leaders who had been imprisoned or deported were to be set at liberty in so far as they had not rendered themselves liable to prosecution for direct infringements of the Penal Code. This agreement, which was signed by the Greek Prime Minister and by the representative of the British Secretary of State for Foreign Affairs, could not immediately be put into force. The members of E.R.G.A.S. demanded, as a prerequisite of their co-operation, the reinstatement of the elected Executive. To this the members of the Reformist bloc refused to agree because they considered that the representation of their tendency on the Executive was not commensurate with the true importance of the movement throughout the country. The Executive of the World Federation of Trade Unions, meeting in Paris in December 1946, to which this dispute was referred by the Left bloc, adopted a resolution advising the parties in the following terms to accept the agreement : In order to maintain trade union unity in Greece, (1) to accept the proportion of seven to five (the " Braine " proposals) for the reconstitution of the Bureau of the Greek Confederation of Labour elected by the Congress of 1 March 1946 ; (2) to ask for an official statement from the Government, declaring that this will neither be a precedent nor the normal procedure of designation, but an exceptional agreement to put an end to an abnormal situation ; (3) to declare that the national Congress of Trade Unions alone can give a definitive form to the representation in the Executive ; (4) to state clearly that this Congress must be convened within the next three months. It must be organised democratically with observers and controllers from the W.F.T.U. 17 250 LABOUR PROBLEMS IN GREECE The Greek trade unions were advised of their responsibility to give effect to the decisions taken by the W.F.T.U. 1 As a result of this consultation the Left bloc accepted the agreement, but the Reformist bloc refused to conform to it. Further Attempts at Agreement At this juncture, Mr. Vincent Tewson, in his capacity as member of the Executive Committee of the W.F.T.U., was sent to Greece in April 1947, with the mission of bringing the parties to an agreement, if possible. Mr. Tewson did actually succeed in bringing the various trade union tendencies together round a table, and submitted proposals for the reconstruction of the Provisional Executive on the basis of five seats for the Right bloc (E.R.E.P. 2 ), five for the Left bloc (E.R.G.A.S.) and five for a " buffer " group of centre tendencies, composed of two representatives of the former elected Executive and of three other members representing new tendencies which had emerged since the original Executive was elected. The Reformist bloc refused to be party to this agreement, however, and another formula was then submitted, giving seven seats to the Right bloc, seven to the Centre and seven to the Left. This time the attempt to find a settlement, with which the British Labour Attaché, Mr. Braine, and the United States Labour Attaché, Mr. Sam Berger, were closely associated, seemed likely to be successful, since for the first time the various trade union tendencies had been able to come to a preliminary agreement on a real programme of trade union reform. It is important that this programme should be given here because it throws an indirect light on some of the deep-seated defects in the Greek trade union movement. The undersigned representatives of the various tendencies of the trade union movement in Greece voluntarily agree that the temporary Executive of the General Confederation of Labour of Greece will presume the following lines of direction. A. The international affairs of the Greek trade unions as well as bona fide trade union activities will be free of any intervention from (1) the police ; (2) political parties ; and (3) the State. 1 Cf. 2 Greek Reformist Workers' Group. T R A D E S U N I O N CONGRESS, op. cit., pp. 199-200. T H E TRADE UNION SITUATION 251 The temporary Executive will investigate all the allegations and cases of such intervention and will take appropriate action to safeguard the freedom and independence of the trade union movement. B. In order that the trade union activities may be directed to a bona fide trade union purpose, the temporary Executive will undertake to look into and express an opinion on (1) the validity of those unions which pretend to be bona fide workers' unions ; (2) the nominal rolls (registers) of the members of workers' unions, the simultaneous participation in more than one union being forbidden ; and (3) the reorganisation of the structure and constitution of the trade union movement. For the above three purposes, the temporary Executive will make use of and benefit by the experience of the trade unions of other countries. C. In order to achieve the establishment of a free and independent movement, the temporary Executive will (1) undertake a full examination of the Greek labour laws and make recommendations to the Government for their revision ; and (2) recommend that the Government appoint a full-time Minister of Labour, through whom the workers will be able to communicate with the Government. D. The undersigned call upon the Government to give again explicit assurances that it will recommend to the competent authority the re-examination, within the framework of the existing legislation, of the cases of the persecuted trade unionists and that those who are not charged with criminal actions be released as soon as possible. E. The Executive of the General Confederation of Labour of Greece to be set up will examine the question of the re-establishment of the normal administration in the trade union organisation. F. After the setting up of the Executive the undersigned tendencies are obliged by a common declaration to the Greek and the international working class to consider as definitely ended the question of the trade union abnormality in Greece.1 Although t h e y were agreed on t h e programme, t h e various groups could not come to an understanding on t h e method of putting it into effect. The E.R.G.A.S. bloc wished to entrust t h e supervision of t h e agreement t o t h e W.F.T.U., while t h e other groups preferred to entrust this t a s k t o t h e representatives of t h e T.U.C., t h e A . F . of L., and t h e C.I.O. Ultimately, therefore, t h e real stumbling-block was t h e question of t h e international affiliation of t h e Greek General Confederation of Labour, a question which only t h e forthcoming Congress could settle. 1 Cf. T R A D E S U N I O N CONGRESS, op. cit., p . 202. 252 LABOUR PROBLEMS IN GREECE When the members of the Left bloc had withdrawn from the negotiations, the other groups came to an agreement on a five-point programme as follows : (1) to establish a trade union movement free of all Government control and of all domination by a political party, based on an active campaign for the restoration of free collective bargaining and the progressive raising of the workers' standard of life ; (2) to come to an agreement on candidates for posts on the Provisional Executive, whose names should then be submitted for approval, in accordance with existing legislation, to the president of the court of first instance, and thus to clear the way for the total liberation of the trade union movement from Government interference ; (3) to seek the advice and assistance of the representatives of the American Federation of Labor, the Congress of Industrial Organizations, and the British Trades Union Congress, with a view to giving the free trade unions the right to elect their leaders and to reconstruct their trade union organisation ; (4) to seek the advice and assistance of the International Labour Office in questions of social legislation, trade union organisation, and collective agreements, with a view to eliminating as completely as possible any Government interference in relations between the workers' organisations and their employers ; (5) to mobilise all the democratic forces of the trade union movement against the greatest enemy of free trade unionism in Greece, namely the E.R.G.A.S. bloc, which is nothing out the trade union organ of the Communist party. A list of 21 candidates for the Provisional Executive was submitted to the court of first instance, which ratified the list by Decision No. 9112 of 9 June 1947. Present Organisation of the Greek General Confederation of Labour It would seem almost impossible to give any even approximately accurate particulars of the strength of the Greek trade union movement at the present time. It will be remembered that, under Greek law, all trade unions must be registered with the court of first instance in their locality. The clerk of the court is required, under section 19 of the Trade Union Act of 1920, to deliver at the end of each month to the Minister of Labour, to the prefect and to the labour inspector, a statement as to the trade unions which have been recognised, have amended their rules or have been dissolved during the past month. T H E TRADE UNION SITUATION 253 In theory, therefore, it should not be difficult to compile exact trade union statistics. Owing, however, to the deep disturbances within the Greek trade union movement ever since the liberation, such statistics are at the moment completely lacking. All that can be done here, therefore, is to reproduce the very approximate figures supplied by the present Provisional Executive of the General Confederation of Labour. Under the rules of the Greek General Confederation of Labour, the Confederation consists of the following organs : a National Congress, a National Council, a General Committee, a Control Committee, an Executive Committee and a General Secretariat. For the time being the only organs that actually exist are a Provisional Executive and a temporary General Secretariat. The General Secretariat is composed of a General Secretary belonging to E.R.E.P. (Greek Reformist Workers' Group) and four secretaries representing (1) the E.R.E.P., (2) the E.M.E. (National Workers' Front), (3) the Socialist Workers' group and (4) an independent Left trade union group. The Provisional Executive consists, in addition to the five secretaries, of 16 members divided as follows between the various tendencies : five members of E.R.E.P., three members of E.M.E., one member of the Socialist Workers' group, five members of E.R.G.A.S., one Socialist-Syndicalist and one " Archio-Marxist ". It should be remembered that five, representatives of the extreme Left have refused to occupy the seats reserved for them. The regional organisation of the Confederation consists of 62 workers' centres in the chief towns of the country, to which are affiliated, on an inter-occupational basis, such local trade unions as exist in the localities where the workers' centres are situated. In addition, the occupational unions are grouped in industrial federations. Of a total of 20 federations existing before the war no more than 8 would appear to have been reconstructed at the time of writing. Finally, according to information supplied by the General Secretary of the Provisional Executive, 1,850 unions, with a total membership of between 200,000 and 220,000, are at present affiliated to the General Confederation. 254 LABOUR PROBLEMS IN GREECE A National Congress was to have met on 7 December 1947, but had to be postponed because of the abnormal situation in certain districts of the country. 1 Emergency Measures No description of the de jure and de facto situation of Greek trade unionism, as set out in the preceding pages of this chapter, would be complete without some reference to a number of emergency measures which seem to have had far-reaching effects on the trade union movement. Some of these measures date from before the war ; others were occasioned by the present serious crisis in the country. They will be briefly dealt with below. T H E RIGHT OF ASSOCIATION OF PUBLIC EMPLOYEES It will be remembered that under Article 11 of the Constitution, the right of association without previous authorisation is granted to all citizens, and by definition therefore to public employees. Before the. dictatorship of General Metaxas, this right had been in fact granted to public employees by a whole series of Acts, codified to some extent by Act No. 4879 of 6 March 1931 concerning organisations of public employees.2 Under section 1 of this Act civil servants, other than police employees, are entitled to form occupational associations and federations thereof for the development of the administrative branch to which they belong or the furtherance of their occupational interests. Such associations and federations were made subject to the following restrictions, in addition to the restrictions applicable to associations in general: (1) The members of such associations and federations shall be public employees belonging to the same branch, and the membership of employees belonging to another branch shall be absolutely prohibited. (2) Such associations and federations shall not pursue political aims or employ for the furtherance of professional interests any 1 The Ninth Pan-Hellenic Trade Union Congress met at Athens in April 1948. The report of the Supervisory Committee concerning this congress is given in Appendix II. a Cf. L.S., 1931, Gr. 6. T H E TRADE UNION SITUATION 255 means which may interfere with the regular working of the services of the State and weaken hierarchical authority and discipline. (3) Such associations and federations shall not include among their objects any objects which are foreign to the professional interests of their members. (4) The appointment as member of the management of any such association of a person who within the last five years has been a member of the management of an association for the same branch of the public service shall be prohibited. The holding of such office for more than two years in the same or another association for the same branch of the service shall also be prohibited. This rule shall apply also to persons who were members of the management before the coming into operation of this Act. Contravention of these provisions shall entail the dissolution of the association or federation and disciplinary measures against the guilty employees. The affiliation of associations or federations of public employees or of individual public employees to associations or federations of employees or employers which are based on the class struggle shall be prohibited. Although the right of civil servants to associate was thus recognised, the right to strike—as in many other countries— was refused. By a whole series of Acts 1 , the right to strike, even the right to the sit-down strike, was forbidden on pain both of penal sanctions (imprisonment or penal servitude) and by disciplinary sanctions (e.g., suspension or dismissal). During the dictatorship of General Metaxas, an Act of 2 August 1937 2 made the right of association of civil servants conditional on previous authorisation by the Government. Under section 1 of this Act, officials and other employees in the service of the State or of a public body of any kind were forbidden to form associations or to become members of any existing association, whatever their nature or objects, without permission from the Government, and such authorisation was at all times subject to cancellation. Officials who were already members of associations were required to give notice thereof to their superior officers within one month from the entry into force of the Act, and to apply for the necessary permission. Heads of services were required to report forthwith to the competent Ministry any member of 1 See, in particular, Act No. 5458 of 7 May 1932 respecting strikes of public employees, domestic staff, etc., of Government departments; cf. L.S., 1932, Gr. 5. 2 Cf. L.S., 1937, Gr. 6. 256 LABOUR PROBLEMS ÏN GREECE their staff who might be guilty of a contravention of these provisions under pain of liability to the penalty laid down for unjustifiable negligence. Unless circumstances justified penal proceedings, contraventions of the above provisions constituted a serious disciplinary offence entailing the dismissal of the guilty person, in pursuance of a complaint laid by his superior officer before the competent disciplinary board, proposing suspension for not more than six months or, in the event of a second offence, dismissal from the service. This Act does not appear to have been specifically repealed, but it may be assumed that, with the restoration of the Constitution immediately after the liberation, civil servants have recovered their freedom of association in accordance with the laws in force before the dictatorship. A Decree of August 1946 1 concerning the purging of the public services is dealt with in another part of this Report 2 , and need only be mentioned here. DISCRIMINATORY MEASURES IN RESPECT OF TRADE UNIONS Certain measures of trade union discrimination, undertaken for political reasons, go as far back as the dictatorship of General Pángalos (1926), while others date from the dictatorship of General Metaxas. Under Act No. 3542 of 1928, " the Minister of Communications is authorised to dismiss railway and tramway employees and employees of electrical works if he is convinced that such employees hold Communist opinions or are inveterate agitators " . Act No. 3528 of the same year also provides that " any member of a trade union organisation for railwaymen, tramwaymen, electricity or gas workers who has been dismissed must be struck off the register of the trade union concerned " . The application of these two Acts was suspended for six months under Act No. 279 of 1945, but it would seem that, at the expiration of these six months, the Acts in question entered into force again. 1 2 Cf. Government Gazette, 21 August 1946. Cf. Chapter VII, pp. 289-290. THE TRADE UNION SITUATION 257 T H E COMPULSORY TRADE UNION CONTRIBUTION It has already been stated that, under the Act of 13 October 1942, which re-established trade union rights 1, Act No. 1435 of 1938 on occupational unions, promulgated during the Metaxas dictatorship, had been formally and completely repealed. Under section 6 of this Act a compulsory trade union contribution was required to be collected from all employed persons, whether trade unionists or not, for the benefit of the Greek National Confederation of Labour. In this connection, it should be emphasised that, in the pre-war corporative systems which served as a model for Greek law in 1938, the system of a compulsory trade union contribution (which, it need hardly be said, has nothing in common with the stoppage of trade union dues from workers' wages in virtue of an agreement between the employer and the trade union concerned) was to some extent a logical corollary of the legal trade union monopoly which the officially recognised trade unions enjoyed. Under the Act of 1938, not only the National Confederation of Labour, but the federations and unions affiliated to it, had been granted the privilege of legally representing all the workers—whether members of trade unions or not—in negotiations with the public authorities and with employers. Furthermore, the collective agreements concluded under the auspices of the official unions applied automatically to all workers engaged in the occupation or industry covered by the agreement in question. By restoring freedom of association, the law ipso fado did away with the legal fiction of trade union monopoly which, up to then, might have been held to justify what really amounted to a trade union tax on all workers. Nevertheless, in order to cope with the serious financial crisis with which the trade union movement was faced immediately after the liberation, section 6 of the 1938 Act was reenacted by means of a whole series of Acts promulgated in 1945 and in 1946 (Nos. 393, 581, 620 and 703). By a joint decision of the Ministers of Finance and Labour, No. 29879, dated 18 September 1946, the amount of the compulsory trade union contribution was fixed at 1,000 drachmae per month, divided as follows : (a) 400 drachmae for the General 1 See above, p. 223. 258 LABOUR PROBLEMS IN GREECE Confederation of Labour ; (b) 300 drachmae for the local workers' centre ; (c) 200 drachmae for the trade union catering for the worker's occupation ; and (d) 100 drachmae for the Provident Fund for trade union officials, of which 60 drachmae were allocated to pensions and 40 drachmae to welfare. These contributions must be paid in full by all persons who are permanently employed or who earn at least 16 days' pay per month. Workers earning between 6 and 15 days' pay per month pay a monthly contribution of only 500 drachmae. Those earning 5 days' pay or less per month are exempt from the compulsory contribution. The compulsory trade union contribution must be deducted by the employers from the wages of their staff and credited to the appropriate accounts at the National Bank of Greece, with the exception of the sums allocated to the local workers' centres and trade unions, which handle such sums directly on their own account. The obligation thus created for all workers, whether members of a trade union or not, to pay a compulsory trade union contribution, appears to have met with some opposition among the workers, and an appeal for the abrogation of this ministerial decision was made to the Council of State. The decision of the Council of State (No. 1466/1947), while admitting that section 1 of the Act of 31 October 1942 restoring freedom of association had completely repealed the Act on occupational organisations of 1938, promulgated during the dictatorship, and also all other laws and regulations issued subsequently concerning the composition, operation and representation of the Greek National Confederation of Labour or of occupational unions of workers of all kinds or federations of such unions, nevertheless recognises the validity of the ministerial decision under dispute, laying down, inter alia, that " compulsory trade union contributions . . . cannot be considered as being bound up with the composition, operation or representation of the Greek General Confederation of Labour". MEASURES CONCERNING PUBLIC ORDER In order to meet the very serious situation created by the Civil War, the " Greek Revisionary Parliament " adopted a series of emergency measures or resolutions (psephismata) THE TRADE UNION SITUATION 259 for the temporary suspension of some of the fundamental liberties guaranteed by the Constitution. These measures while not relating directly to trade unions, have had, indirectly, some serious effects on the trade union movement. Thus, under a resolution of 18 June 1946 1, as amended, for the purpose of repressing separatist tendencies calculated to prejudice the integrity of national territory, it is provided in section 4 that any person who takes part in a public open-air meeting forbidden by the authorities, or in a meeting not in the open air without previously advising the competent police authorities, is liable to at least three months' imprisonment. When persons meeting in the open air are legally summoned to disperse, anyone who refuses to do so is liable to at least six months' imprisonment. Under section 9 of the same measure, the police are empowered : (1) to make house searches by day or by night for the purpose of discovering arms, explosives or war material, or to arrest accused persons ; and (2) to prohibit during specified hours in the night the circulation of unauthorised persons. Infringements of these provisions are dealt with by courts martial, against whose judgment there is no appeal. Finally, under section 15, in the case of offences specified in the resolution, there is no time-limit to the period of preventive detention. In addition, there is a complete suspension of all common law provisions for release on bail, binding over or the substitution of a fine for imprisonment. It may be asked whether these measures, the justification for which was the exceptional situation of the country at the time, have served as a pretext for reducing trade union opposition to impotence. The Left tendency of the trade union movement maintains that this is so, alleging, inter alia, that hundreds of trade union leaders—including several members of the former elected Executive—were arrested or deported merely because of their trade union activities and without being charged with any particular offence. It has also been noted in the preceding pages that, on more than one occasion, all the tendencies of the trade union movement demanded the liberation of trade union workers whose 1 Cf. Government Gazette, First Part, 18 June 1946. 260 LABOUR PROBLEMS IN GREECE innocence had been recognised. Moreover, the Greek Government complied with these demands by extending a very large measure of amnesty to certain categories of imprisoned or deported workers. However that may be, as a result of these wholly exceptional circumstances, it has been asserted that the freedom of action of the trade union movement is at present restricted and that many trade union leaders are deterred, through the fear of arrest or deportation, from standing for the trade union elections which are at present being held in Greece. Another resolution adopted in 1947 (No. 121, as amended), directed principally against publications inciting to civil war, provides that newspapers and periodicals which conspire against the integrity and internal peace of the country may be suspended at 24 hours' notice by decision of the court of appeal. The publication of new papers or periodicals is forbidden without the special authorisation of the Minister of Information. Moreover, with the exception of the newspapers or periodicals which are authorised to appear, it is forbidden to reproduce printed matter in any way whatsoever or to distribute it in the form of posters or in any other way, without the previous authorisation of the chief of the local police concerned. It should also be noted that, under a Decree of 8 December 1947, the right to strike or to declare a lockout was suspended, for the duration of the civil war, for all classes of workers and employers. Any persons who take part in a strike or a lockout forbidden under this Decree are liable to six months' imprisonment, or in particularly serious cases to penal servitude. Leaders or chief instigators are liable to penal servitude or, in particularly serious cases, long-term imprisonment or imprisonment for life. Persons who take part in a strike or lockout are liable to the same penalty. Striking is considered to be collective whenever more than three persons take part in a strike. As a corollary to the prohibition of strikes and lockouts, the same Decree makes provision for compulsory arbitration in collective labour disputes. 1 1 Cf. Messager d'Athènes, 7 and 8 December 1947. The Prime Minister, Mr. Sophoulis, has given an assurance t h a t the Government intends to propose the repeal of the Decree of 8 December 1947 as soon as an improvement in the situation permits and, in particular, as soon as the trade union movement is under the direction of a responsible. THE TRADE UNION SITUATION 261 Finally, immediately after the proclamation of a rebel " government " in northern Greece, a special Act of 27 December 1947 concerning the security of the State and the régime, social order and the protection of the liberty of the individual 1 , ordered the dissolution of the Greek Communist Party, of the organisations affiliated to it, and also of any association or organisation which might be considered to be collaborating with the Communist Party, or to be promoting, directly or indirectly, views aiming at overthrowing by violence the established political or social régime, or at alienating any part of the territory of the State (section 1, paragraph 1). Under section 1, paragraph 2, the Council of Ministers, as regards political parties, and local security committees, as regards associations or organisations, may decide that parties, associations or organisations not explicitly mentioned in the Act, and also parties or organisations set up after the entry into force of the Act, may during the period of civil war be included under the provisions of the preceding paragraph. Such decisions are without appeal. The offices of all parties, associations or organisations whose dissolution is thus pronounced are closed and all their assets and records are seized by the courts. Under section 2, anyone who disseminates ideas the manifest object of which is violently to overthrow the established political régime or social system, or to alienate any portion of State territory, as also anyone who carries on propaganda work in favour of such ideas, is punishable, in the case of a leader or a chief instigator, to a specified term of hard labour ; in particularly serious cases, to hard labour for life, or to the death penalty. If, however, the person in question is merely an accessory in such plotting, he is liable to imprisonment or, in particularly serious cases, to penal servitude or a term of hard labour. A particularly aggravating circumstance shall be judged to be the carrying on of such activity in a public place, in the presence of a large crowd of persons, or by means of the press, or if the propaganda in question is carried out by means of money subsidies, or if it is particularly addressed to minors, soldiers or civil servants. If the offences in question are committed through the press, the author or editor of the publication in question, or the leadership elected " by democratic methods for the free expression of its will " (idem, 7 February 1948). The prohibition of the right to strike has now been removed by Decree No. 122 of 7 May 1948. 1 Idem, 28 December 1947. 262 LABOUR PROBLEMS IN GREECE manager or printer of the publication, together with anyone who knowingly circulates the document, and also the printer, when the publisher is unknown, are held responsible. Under section 4, open-air or private meetings for the dissemination of such ideas are forbidden. Persons who knowingly take part in a meeting of this kind are liable to at least six months' imprisonment. A similar penalty is incurred by persons who knowingly allow such a meeting to take place in their private house or in the premises of their undertaking. Under section 5, the conviction of civil servants and other public servants for one of the offences specified in the Act involves dismissal from the service and disqualification for any other function or public service for at least five years. Furthermore, civil servants and other public servants who, although they may not have committed one of the offences forbidden in the Act, may nevertheless have carried on Communist propaganda or have attacked the ideas of patriotism and the national symbols therewith connected, are definitively dismissed from the service. Finally, any infringement of the Act is dealt with by courts martial, against whose judgment there is no appeal. In the preamble to the Act, the Government states, inter alia, that, in default of the Chamber, it is itself fulfilling a supreme duty to the country by proclaiming the dissolution of parties and organisations which, in point of fact, have never been of service to Greece, and which by their actions have long since placed themselves outside the law. For this purpose the Government is taking all necessary measures to defend the State, the existing régime, the social order and the true liberties of the people. At the same time the Government is proceeding to purge the public services by the elimination of civil servants and others—• quite apart from any penal sanctions for which they may be liable— who undertake, in any way whatsoever, propaganda in favour of the objectives of the enemies of the country, and thus make themselves the conscious instruments of these enemies. As the result of the promulgation of this Act, all trade unions affiliated to E.R.G.A.S. (the anti-Fascist workers' organisation) have been dissolved and their assets and archives confiscated. Thus the course of events has, temporarily at any rate, put an end to the attempts to reconcile the various trade union tendencies. T H E TRADE UNION SITUATION 263 Conclusions and Recommendations Even the most impartial outline of events can be misleading if these events are not placed in the setting in which they actually happened, in such a way as to show the exact nature and real meaning of the action taken by the various parties and by the public and judicial authorities. As has already been recalled, Greece is at the moment in the throes of a civil war in the outcome of which other countries are directly interested, and as a result of which even the independence of the country may be compromised. In other words, the Greek trade union drama is only one episode of the drama of the Greek people. In these exceptional circumstances, the Government responsible for the affairs of the country is naturally the sole judge of the measures which in the interests of public security it is compelled to take. The Mission is thus fully aware that any suggestions which it may submit below for the improvement of the trade union situation in Greece can be usefully considered only when the country has returned to normality. T H E PRINCIPLE OF NON-DISCRIMINATION The first recommendation which the Mission thinks it well to make is concerned with the principle of non-discrimination in trade union questions. It has already been pointed out that, at various periods of its history—but more particularly since the present crisis began—the Greek Government has been obliged to take " emergency measures " involving certain acts of discrimination in trade union matters with regard to certain categories of workers. It has also been seen that in the past some of these measures continued in force after the exceptional circumstances which had given rise to them had come to an end. The majority of these emergency Acts were limited to the duration of the crisis, and will therefore lapse automatically as soon as normal conditions return. In all probability, both as regards certain measures taken in the past and as regards recent measures, the Government 264 LABOUR PROBLEMS IN GREECE will wish to return, so soon as circumstances permit, to the principle of non-discrimination in trade union matters, which after all is only an instance of the general principle of equality before the law, a principle which is formally embodied in the present Greek Constitution. In this connection it is important to remember that the principle of non-discrimination on any grounds whatsoever has been included in the Charter of the United Nations, and also in the Declaration of Philadelphia. It also figures in the first paragraph of the Resolution on freedom of association unanimously adopted by the 30th Session of the International Labour Conference (1947) and will be an integral part of the proposed Convention on freedom of association on which the International Labour Conference of 1948 will be called upon to take a decision.1 In making this recommendation, the Mission has no intention whatever of suggesting that the Government should give a blank cheque to organisations of any kind which, by their actions, may prejudice public order or the internal or external security of the State. Obviously the workers and their organisations, like any other individuals or organised bodies, are obliged to respect the laws concerning public order, however severe these may be, since, by definition, they apply to the nation as a whole. There can be no question of discrimination unless the law strikes at individuals or organisations not because of infringements of the law which they have actually committed, but because of opinions which they may hold. The same would naturally be the case a fortiori if, on account of their opinions, workers were excluded from the benefits of freedom of association, or even from any employment, whether public or private. In this connection, Pascal's aphorism that every man is a heretic in someone's eyes comes to mind. When Pascal coined this phrase, he must have visualised the long line of heretics who turned orthodox and of victims who became persecutors. Nothing but the explicit recognition by all modern constitutions of the fundamental principles of liberty has been able to break this cycle. It is therefore in respect for the principle of non-discrimination in trade union and employment questions that there 1 See above, p. 210, footnote 1. THE TRADE UNION SITUATION 265 lies the hope of seeing, in due course, a free and united trade union movement restored in Greece. POLITICAL INDEPENDENCE OF THE TRADE UNION MOVEMENT But although all workers without any distinction whatsoever should enjoy trade union rights, it is no less indispensable, in the interests of the working class itself, that the trade union movement as such should keep itself free from the influence of political parties. The experience of other countries has clearly shown that the political independence of the trade union movement is essential to its existence and efficiency. Most of the trade union charters which those concerned have voluntarily adopted explicitly proclaim the political neutrality of the trade union movement. The same is true of the existing rules of the Greek General Confederation of Labour. But it has been seen throughout this Report that political divergencies have been the main obstacle to the reconstruction of the Greek trade union movement. In this connection it is enough to recall the fact that the Provisional Executive of the Greek General Confederation of Labour is composed of representatives of at least seven different tendencies, quite apart from the many nuances which may be observed within each of these fractions of the movement. This is clearly the proof of a spirit of divergence pushed to extremes, which has led to the division of the working class and to the incapacity of the trade union movement to formulate or carry out any real programme of occupational and social self-defence. In other words, Greek trade unionism relies for the improvement of the conditions of the workers upon political action rather than upon trade union action properly so called. But the most serious long-term consequence of this situation is that the State is almost inevitably led to take sides in favour of one or other of the groups with which it has to deal. The whole history of the Greek trade union movement clearly shows that a trade union group which thus enjoys some form of privileged treatment tends insensibly to drift towards a form of official trade unionism deprived of any real autonomy or freedom of action. The Mission therefore ventures to recommend, not to the Government, which is not involved in this, but to the actual 18 266 LABOUR PROBLEMS IN GREECE parties concerned, that they should remain loyal to the principle of the political independence of the trade union movement, a principle which is enshrined in the rules of the General Confederation of Labour, and on the basis of which trade union unity may be achieved in the future. T H E COMPULSORY TRADE UNION CONTRIBUTION Some of the characteristics of Greek trade unionism, such as the compulsory trade union contribution, can only be conceived of as part of a unified trade union movement. Reference has been made above to the circumstances in which the compulsory trade union contribution was first introduced, then suppressed and later brought in again. The main object of the reintroduction of compulsory trade union contributions after the war was to enable Greek trade unionism to cope with a serious financial crisis. The contribution can be justified—as stated above—on the hypothesis of a trade union movement which is unified and really representative of the working class as a whole. On the other hand, it assumes the nature of compulsory taxation if it has to be paid for the benefit of a given trade union group, which will always be tempted to utilise it for its own purposes. But the most serious objection to such a contribution is of quite another kind. It is a matter of common knowledge that the only de jure and de facto link between the various members of a trade union is the voluntary trade union contribution. This constitutes also the only proof that a worker belongs to his trade union, and is thus the basis of his right to vote or his right to be elected. Moreover, the trade union legislation in force in Greece presupposes that voluntary contributions are paid, and makes the right to be elected to positions of trust in trade unions conditional on the previous payment of such contributions. At the present time, however, most Greek trade unions do not collect any voluntary contributions, and it is difficult, therefore, to ascertain with any certainty the true figures of trade union membership. There can be little doubt that this is the real reason why the validity of elections in the past has always been contested. The same will inevitably be true of future elections, whatever THE TRADE UNION SITUATION 267 precautions may be taken to check the lists of members and to supervise electoral operations. Clearly these are imperative arguments in favour of the suppression of a trade union " levy" which goes back to a time when official trade unionism in Greece, and in other countries with a corporative régime, was considered, by a purely legal fiction, to represent the whole body of workers in a country. None the less, the Mission hesitates to recommend the complete suppression of the compulsory trade union contribution, because, in existing circumstances, it would be difficult for the trade union movement to survive if it were to be abruptly deprived of the resources emanating from the trade union " levy ". In the Mission's view, the solution of the problem should be sought in another direction. In compelling all workers, whether members of trade unions or not, to pay a trade union contribution, the law has effectively established a legal bond between each worker and the trade union of his particular occupation. The corollary of this is that each worker should be entitled to take part in trade union elections. Furthermore, nothing but a genuine consultation of all the workers, carried out at the most propitious moment and with all the guarantees provided by existing trade union legislation (e.g., supervision of elections by a judge) would, it would seem, conduce to the re-establishment of trade union unity. Failing such a solution, the Mission proposes that the compulsory trade union contribution should be suppressed. REFORM OF TRADE UNION LEGISLATION Codification of Regulations It has been seen that the regulation of Greek trade unionism is based upon a great many texts, namely, Article 11 of the Constitution, the Act of 21 June-4 July 1914 on associations, the Act of 21 March-3 April 1920 on trade unions, the Royal Decree of 15 May 1920 regulating the application of that Act, and Chapter IV of the Civil Code of 1946 concerning legal personality, apart from numerous special measures dealing with certain categories of workers such as civil servants and employees in the public service, or the emergency measures which suspended certain fundamental guarantees in the Con- 268 LABOUR PROBLEMS IN GREECE stitution for the duration of the emergency. Trade union legislation is therefore extremely complicated, and the persons concerned have considerable difficulty in finding their way through the maze of legal provisions which are scattered about in measures the origins of and the reasons for which were very varied. Yet the chief merit of any legislation is to be clear, concise and easily understood by those to whom it is intended to apply. Moreover, the issue of successive texts on the same question very often leads to overlapping or even to contradictions, despite every precaution which may be taken to avoid them. Thus, Article 12 of the new Civil Code explicitly repealed certain provisions of the Associations Act of 1914, but maintained in force the Trade Unions Act of 1920, together with all the regulations made in application of that Act. Yet some of the provisions of these two Acts would not seem to be entirely in accord with the provisions of the new Civil Code. Some of the inconsistencies (see above, in the passages concerning the quorum) have been alluded to in the course of this chapter, but others have been passed over in silence because it seemed impossible to discuss provisions which clearly contradicted each other. It may be mentioned, as an example, that, under the Royal Decree of 15 May 1920, one twentieth of those taking part in a general meeting or in a Trade Union Congress may contest the validity of the decisions taken, within a maximum timelimit of 10 days. On the other hand, under Article 101 of the Civil Code, decisions taken by a general meeting may be contested by any member who disagrees or by any other person legitimately concerned, within a maximum time-limit of six months. It is superfluous to emphasise the practical consequences which may and do arise from such legislative uncertainty. Finally, some of the provisions of the new Civil Code which are applicable to trade unions, to which further reference will be made later, have made substantial changes in the position of the trade union movement which seem hardly compatible with the guarantees provided in the Constitution and in previous trade union legislation. For all these reasons, a revision in the nature of a codification would seem to be necessary in the interests both of the Government and of the workers. THE TRADE UNION SITUATION 269 In a declaration, already quoted, made on 20 October 1946, the then Prime Minister, Mr. Tsaldaris, himself recognised the necessity of such action. " The Government ", he said, " will introduce to Parliament legislation regarding trade unions, which is in any case notable for its liberal spirit. Freedom to associate for trade union purposes, and especially the self-government of the organisations remote from all Government intervention, will be fully strengthened by this legislation." The International Labour Office would regard it as a privilege to assist in such a revision, if the Greek Government wished it to do so. But pending this re-examination of trade union legislation, the Mission thinks it desirable to draw the attention of the Greek Government to a number of existing legal provisions in regard to which certain reservations seem to be necessary. These points will be considered in the light of the principles unanimously adopted by the 30th Session of the International Labour Conference (1947) in its Resolution concerning freedom of association, principles which the 31st Session of the Conference (1948) will be called upon to transform into solemn obligations by means of a Convention.1 Constitution of Occupational Organisations As has been stated at the beginning of this chapter, Greek trade union legislation is based on Article 11 of the Constitution, which provides that " Greek citizens possess the right of association conforming with the laws of the State and in no case can the laws subject the right to any previous authorisation ". The Council of State, the highest judicial authority in the country, reaffirmed the scope of this principle with particular emphasis in Decision No. 885 of 1946, which has been analysed in the course of this chapter. 2 The Council of State said : This Article gives complete freedom to the legislature to settle all problems concerning the organisation and activities of trade unions, on condition, however, that the provisions of the laws on this subject do not violate the two explicit guarantees given in the 1 2 See above, p. 210, footnote 1. See pp. 237 et seq. 270 LABOUR PROBLEMS IN GREECE Constitution, namely : (1) that the establishment and dissolution of associations shall never be made dependent on previous authorisation by the Executive Power . . . It will be noted that it is precisely this guarantee of freedom of association without previous authorisation which is set out in almost similar terms in paragraph 1 of the Resolution concerning freedom of association adopted by the 30th Session of the International Labour Conference, (Geneva, 1947). This paragraph reads : Employers and workers, without distinction whatsoever, should have the inviolable right to establish or join organisations of their own choosing without previous authorisation. It has, however, been shown that the emergency measures taken recently by the Government have restricted the application of this principle in the case of certain categories of workers. The Mission takes the view that the return to a normal situation and the complete re-establishment of constitutional guarantees should automatically involve the repeal of all legal provisions which entail discrimination in the matter of occupational organisations. Autonomy of Occupational Organisations The autonomy of occupational organisations would seem to be the necessary complement of freedom of association for individuals. The Greek Council of State, in the decision quoted above, emphasised this point in unequivocal terms. The legislature is bound . . . not to limit freedom of association in such a way as to diminish or neutralise it. Furthermore, in view of the fact that the freedom to create an association is inconceivable without the freedom of its members to govern it, any intervention by the administrative authorities which substantially hinders the free election of the administrative organs of associations would in principle constitute a serious restriction on freedom of association, such as is forbidden by the Constitution. This fundamental position taken up by the Council of State is in agreement with the second principle formulated in the Resolution on freedom of association, which runs as follows : Employers' and workers' organisations should have the right to draw up their constitutions and rules, to organise their administration and activities and to formulate their programmes ; there T H E TRADE UNION SITUATION 271 should be no interference on the part of the public authorities which would restrict this right or impede the organisations in the lawful exercise of this right. Examination of the trade union legislation has shown that although the activities of trade unions are regulated with a wealth of detail which it would be desira,ble to reduce when the texts can be codified, most of the clauses in question would seem to be solely inspired by the wish to assist trade unions in drawing up the rules required for governing their organisation and activities. Nevertheless, certain reservations should be made concerning the provisions dealing with the supervision of trade unions. According to section 30 of the Associations Act of 1914, the representatives of the authorities are empowered to attend trade union meetings and to supervise them. Furthermore, as a result of certain recent emergency measures, all meetings would appear to be subject to previous authorisation. Measures of this kind, concerning both private and public trade union meetings, can with difficulty be reconciled with the provisions of the Greek Constitution on freedom of assembly, which guarantee Greek citizens the right to meet peacefully and without arms. Moreover, the Constitution provides that the police may only be present at public meetings. The Mission considers that, in normal circumstances, it should be left to the trade unions themselves to keep order at their meetings, and that trade union problems should be discussed in complete freedom. Suspension or Dissolution of Occupational Organisations Article 11 of the Greek Constitution states that " associations cannot be dissolved for infringing provisions of the laws, except by judicial decision". Here again, this constitutional guarantee corresponds with paragraph 3 of the Resolution on freedom of association, which affirms that " employers' and workers' organisations should not be liable to be dissolved or have their activities suspended by administrative authority ". It will be noted, however, that the Resolution includes a guarantee as to the suspension of occupational organisations, which is not provided for in the Greek Constitution. 272 LABOUR PROBLEMS IN GREECE It will therefore be necessary to consider, first, the suspension of trade unions and, secondly, their dissolution. Suspension. Section 33 of the Associations Act, 1914, provides that the Minister of Labour, as the supreme supervisory authority, may depose the administrative committee of an association and appoint a provisional committee if it is proved that an offence has been committed involving the penalties provided for by the Act, or if any serious administrative or financial irregularity has been proved such as to involve sanctions under the Penal Code. Probably this provision has nothing to do with the dissolution of an association by administrative means, since this is forbidden under the Constitution, but with the mere provisional suspension of the administrative committee of an organisation. Nevertheless, the Mission considers that, in accordance with paragraph 3 of the Resolution concerning freedom of association, it should be for the courts—which alone are competent to determine infringements of the law—to suspend, even provisionally, the administrative committee of an occupational organisation. Dissolution and Reconstitution. The judicial dissolution, properly so-called, of an association is provided for in Article 105 of the new Civil Code, which repeals the former section 31 of the Associations Act, 1914. It should be recalled that, under Article 105 of the Civil Code, an association may be dissolved as the result of a decision given by the court of first instance on the request of the administrative committee, or at the request of one fifth of the members, or also at the request of the supervising authority, in the following circumstances : (1) if it is impossible to appoint an administrative committee as a result of a reduction in the number of members, or for any other reason, or if it is established that the operation of the association has become impossible under the existing rules ; (2) if the objects of the association have been attained, or if, as I he result of a long suspension of its activities, it can be concluded that the association has abandoned its professed objects ; T H E TRADE UNION SITUATION 273 (3) if the association is pursuing objects different from those assigned in its rules, or if the objects or the activities of the association are contrary to law or to good morals, or constitute a menace to public order. The Mission considers that, in a matter of such importance for occupational organisations, the terms of the Act should be defined with rigorous precision and should not be capable of any wide interpretation. Thus the words " for any other reason ", which, by the way, do not appear in section 31 of the Associations Act, 1914, and which do not lend themselves to any exact legal interpretation, should be deleted. Some means should also be found of bringing Article 105 of the Civil Code into harmony with Article 69 of the Code, which provides that the president of the court of first instance must appoint a provisional administrative committee " a t the request of any person concerned", if the persons responsible for the administration of the association are absent or if their interests are opposed to the interests of the association. The effect of this text is that the judge is entitled not only to order the dissolution of an organisation as a form of penalty, but also, in certain circumstances, to appoint a provisional administrative committee. In the opinion of the Mission, this Article, for which no parallel can be found in the previous legislation on associations, would seem, in its present form, to give rise to certain objections both on practical grounds and for reasons of principle. Practical objections. The Article allows " any person concerned" (i.e., possibly a single member only of a trade union, and not one fifth of the members as in the case of dissolution), to plead that the interests of persons responsible for the administration of the association "are opposed to the interests of the association ". There is danger that the extreme vagueness of the terms quoted may open the door too wide to arbitrary action by permitting any person concerned to bring about for artificial reasons judicial interference in the administration of occupational organisations. It has been stated already that the provision in question was introduced quite recently into Greek legislation, and that the Council of State relied on it in order to remove the appointment of the Provisional Executive of the Greek General Confederation of Labour from the influence of the Executive Power. 274 LABOUR PROBLEMS IN GREECE It has been seen, however, that, in view of existing circumstances, the appointment of the Executive of the Greek General Confederation of Labour, as well as that of the executives of trade union federations, workers' centres or trade unions themselves, has become an acutely political matter. It is not desirable to entrust such duties either to the judiciary or to the political authorities, as the establishment of organisations should be reserved exclusively to the persons concerned. Objections of principle. According to Greek trade union legislation, occupational organisations may be constituted in full freedom and their executives may be freely elected. It is true that trade union elections and the decisions of general meetings are liable to be invalidated for reasons specified in the law. But in the last resort it is for trade union members themselves to appoint their administrative bodies. Any interference, therefore, even provisional, either by the judicial or by the executive authorities, in the setting up of an administrative body should be entirely ruled out. Since Article 69 of the Civil Code applies to occupational organisations, permanent provision is made for the intervention of the president of the court. Hence an entirely new element has been introduced into Greek trade union legislation, an element which it is difficult to reconcile either with the constitutional guarantee of freedom of association or with the autonomy of the occupational organisations. For these reasons, the Mission proposes that trade unions should be exempt from the provisions of Article 69 of the Civil Code. Recognition of Occupational Organisations Greek trade union legislation makes the acquisition of legal personality by trade unions a condition of their existence. An obligation of this kind would be contrary to the spirit of the Greek Constitution, which guarantees Greek citizens freedom of association without previous authorisation, if the acquisition of legal personality were to be made dependent on basic or formal conditions such as might prejudice the free constitution of trade unions and their autonomy. Mention has already been made in this Report of the regulations to which occupational organisations must conform in order THE TRADE UNION SITUATION 275 to obtain legal recognition. These regulations go into great detail, but they would not appear directly to prejudice the fundamental liberties of the occupational organisations. It would appear from the text of the Civil Code that the president of the court of first instance, or the court of appeal, as the case may be, is compelled to grant recognition in the event of all the prescribed formalities having been fulfilled. In order to avoid any doubt on this question, it would be desirable to insert a formal provision to that effect in the Code. In this connection, it may be well to mention parapraph 6 of the Resolution concerning freedom of association, which deals with similar circumstances, in the following terms : The acquisition of legal personality by employers' and workers' organisations should not be made subject to conditions of such a character as to restrict freedom of association as hereinbefore defined. By this paragraph, the International Labour Conference intended to prevent the grant of legal personality to trade unions from serving as a pretext to introduce by devious means the system of previous authorisation in trade union matters. It may also be asked whether it is wise to compel trade unions to acquire legal personality. It will be remembered that in a great number of countries, e.g., the United States, the United Kingdom, Belgium and the Scandinavian countries, the trade unions play a part of the very highest importance in the sphere of industrial relations and of collaboration with the authorities, without enjoying legal personality. The reason for this is that, in all these countries, the authorities .have taken the line of conferring on all unions existing under common law, so far as association is concerned, the same rights as upon legally recognised unions. Furthermore, the trade unions are justified in their apprehension that the conditions which are sometimes attached to recognition may cause them to fall under the control of the public authorities ; and that civil liability, which is a corollary of recognition, may in the long run prove to be a serious handicap to their freedom of action. In other words, in countries in which trade unions are able to choose between a system of freedom pure and simple, based on the ordinary law of association and on the Constitution, and a special régime making recognition conditional on nu- 276 LABOUR PROBLEMS IN GREECE merous basic and formal conditions, trade unions have generally preferred uncontrolled and unprivileged freedom to a system of regulation accompanied, it is true, by certain advantages from the point of view of assets, but also by numerous disadvantages. It would appear that there were certain special reasons for such a policy being adopted in Greece. It has already been emphasised that a certain number of articles of the Civil Code —in particular, Articles 69 and 105 summarised above, which might be fully justified if they applied to other organisations with legal personality—give rise to very serious objections if they are applied to trade unions. The exemption of the unions from the application of Chapter IV of the Civil Code concerning legal personality would free them also from the application of these particularly controversial provisions. It is a matter of experience that occupational organisations should have a status of their own and should not be assimilated to other organisations with legal personality. The Mission ventures therefore to recommend that trade unions should be free to decide whether or not to acquire legal personality, or that, in default of such a solution of the question, a provision should be introduced into the legislation to the effect that trade unions should automatically be recognised if the conditions laid down for their registration have been fulfilled. * * * Such are the recommendations which the Mission ventures to put forward on the question of trade unions. In its view these recommendations are calculated to contribute to the rapid renaissance of a free and united trade union movement truly representative of the working class, a movement capable of shouldering the heavy responsibilities which are laid upon it as regards both the regulation of conditions of labour and the reconstruction of the country. Once the trade union problem is solved, a basis will have been laid for a solid system of collaboration between the employers' organisations and those of the workers, and also between these organisations and the public authorities. THE TRADE UNION SITUATION 277 It is clear that, in view of the existing situation of the country, the standard of life of the people and the level of social security and protection, the rapid reparation of the enormous damage caused by the World War, the occupation and the civil war will depend directly upon the combined efforts which can be made by the Government and the occupational organisations in order to raise national production and the productivity of labour to the highest possible level. Failing such co-operation and, still more so, in the event of a cleavage between the Government and the workers, the rapid recovery of the country may be seriously compromised. CHAPTER VII ORGANISATION OF ADMINISTRATIVE SERVICES In the previous chapters suggestions are made with regard to the various labour problems which the I.L.O. Mission had to study. To solve these problems, social policy should work more particularly through the public administrative services of Greece, and their competence and efficiency are indispensable to the success of this policy. In practice, several of the measures already suggested in this report involve changes in the structure or methods of the administrative services competent to carry them out. When the administrative reforms regarded as necessary were directly bound up with special problems dealt with in one of the previous chapters, definite suggestions have already been made in respect of them. This was the case in Chapter III (Employment and Employment Organisation), in Chapter IV (Conditions of Employment) and in Chapter V (Social Insurance). But in other cases, where the changes which it seems desirable to make in the structure or working of the public administrations concern several spheres of labour legislation, it seemed preferable, in order to avoid repetition, to deal with these administrative problems in a special chapter. The title of this chapter should not, however, lead to confusion. It was not the purpose of the Mission to carry out a general study of the organisation of administrative services in Greece and of the reforms that such organisation might require. This problem has already been dealt with or is at present being dealt with by other international missions. The F.A.O. Mission for Greece had already in 1947 made general recommendations concerning the principles of the administrative system as a whole, and more specific recommendations as to the administrations competent in the field of agriculture. 1 At present the 1 Report of the F.A.O. Mission for Greece, op. cit. ; see Recommendation 8 3 : "Reform of the Civil Service", p. 56, and Appendix I, §§ 66 to 69, pp. 163-165. ORGANISATION OF ADMINISTRATIVE SERVICES 279 American Mission for Aid to Greece is on the spot to recommend from day to day the administrative improvements which it considers desirable, and, on its suggestion, various practical measures have been taken lately, particularly a reduction of staff for the purpose of relieving the budget. The intention of the I.L.O. Mission is to limit its suggestions to the specific field of labour administration. Nevertheless, it must recognise that certain general principles applying to the whole of a healthy and efficient national administration are also very important in the special field of labour administration. Problems of Administrative Machinery The efficiency of an administration is primarily governed by the general measures taken to organise it on a rational plan which will facilitate its working. This plan should aim at a satisfactory distribution of duties between the various departments and services, provide means for easy collaboration between those departments and services which deal with subjects related to each other, establish speedy methods of work which avoid any unnecessary administrative complications, ensure that each service is conveniently installed materially, account being taken of the character of its duties, and that it has suitable material equipment, and lastly, provide each of these services with a personnel the strength of which is in proportion to the extent of its responsibilities. The term " rationalisation " is generally used to describe the whole body of measures which are calculated, by various material and functional arrangements, to obtain from an administration the maximum results with the personnel available. The individual capacities of the personnel constitute a second element which will be dealt with later. In practice a number of the suggestions made in the previous chapters involve rationalisation measures : in Chapter III to facilitate the indispensable collaboration between the employment offices and the unemployment insurance funds ; in Chapter IV to increase the efficiency of labour inspection services by careful delimitation of the various districts, account being taken of the means of transport available and of readjustment of the strength of each office to the extent of its duties ; in Chapter V, a remodelling of the system of social insurance is proposed which would simplify its organisation and internal 280 LABOUR PROBLEMS IN GREECE administration, would do away with unnecessary administrative complications, and increase the available resources through the more economical working of the institutions. During its stay in Greece, the Mission had not the necessary time to carry out a detailed investigation of the working of all the administrative services which have to deal with labour problems. It is therefore not intended to indicate, service by service, what measures of rationalisation should be applied to increase the efficiency of each of them. The present remarks will be limited to certain cases by which the Mission was particularly struck in the course of its investigations. These cases, however, may give an opportunity of indicating certain methods which would facilitate the working of the services in question and might possibly be applied in other cases. REGROUPING OF RESPONSIBILITIES The efficiency of the public services might doubtless be increased, and at the same time expenditure decreased, if there was a certain regrouping of the responsibilities which are at present shared by several departments, in order to entrust these responsibilities exclusively to the administrative authority most directly concerned. It is a fact that the division of responsibilities involves useless duplication of work, and—a still more serious consequence—may endanger the application of systematic plans for the solution of a given problem. This case arises in the sphere of vocational training. 1 Here responsibilities are divided between the Ministry of Education and the Ministry of National Economy, whereas the Ministry of Labour, which is responsible for organising the labour market, and which therefore is directly interested in the training of labour, is deprived of any authority in this matter, and thus has no opportunity of taking the initiatives necessary to balance the employment market. In respect of social insurance, though most of the funds are supervised by the Ministry of Labour, others are under the supervision of another ministry : Merchant Marine, Public Health, Interior, Education, Justice. This division of responsibility makes collaboration between funds extremely difficult 1 See Chapter I I I , pp. 77-78. ORGANISATION OF ADMINISTRATIVE SERVICES 281 and stands in the way of the establishment of a minimum uniformity in their rules. 1 In another sphere, that of labour statistics, division of activities leads to serious deficiencies in the information which is indispensable for conducting social policy. The setting up of a central statistical service at the Ministry of Labour has been contemplated, but it has not yet been organised, and failing a service responsible for co-ordinating the data collected by the various special services, these data have not been worked out and in practice cannot be used. Thus in many cases the Mission was unable to obtain anything like accurate and complete data on various aspects of the social and economic situation, such as would be essential to an understanding of certain problems. Examples of such data are the number of workers employed and the number unemployed, both totals and by occupational category, the number of persons insured and those entitled to benefits from social insurance funds, the number of trade unions, average wages, and real wages in relation to fluctuations in the cost of living. The Mission was only too frequently obliged to make do with fragmentary data or approximate estimates. It would therefore seem indispensable to establish as soon as possible a labour statistics service which might supply the necessary basis for any analysis of the situation, and make it possible to estimate the results and effects of the measures which it is intended to take. The Mission fully realises the difficulties inherent at the present time in the compiling of labour statistics. It is for this reason that it would perhaps be necessary to confine the task to the most essential data, and particularly to eliminate any duplication ; close collaboration with the other statistical services existing in various departments of the public administration is absolutely necessary. It would often be possible to obtain indirect information based on data provided by other activities, e.g., the activities of social insurance institutions. The complexity of the social insurance system makes this task somewhat difficult, but even under such conditions satisfactory results might be obtained if the programme of work is carefully prepared. Furthermore, an efficient statistical service for social insurance is at present of primary importance, in view 1 See Chapter V, p. 205. 19 282 LABOUR PROBLEMS IN GREECE of the difficult financial situation of most of the social insurance institutions. The authority responsible for supervision would require regular and speedy information so as to be kept informed of all that happens in these institutions. As has already been indicated in Chapter IV in respect of industrial safety and hygiene, a centralisation of statistics of occupational accidents and occupational diseases would be necessary for the planning and execution of preventive measures. Definite suggestions have been made there for the establishment of a system which would co-ordinate the data. The centralisation of employment statistics is also indispensable for supplying a basis for planning the labour market. Thus, all statistics concerning the number of undertakings in each branch of activity, the number of wage earners, the number of hours worked within the statutory time-table and overtime, as well as the number of jobs available and applications for employment registered in the employment offices should be collected by the central labour statistics service and co-ordinated by it. The same service should also centralise all other statistical information on labour problems, such as that concerning wages, labour disputes, etc. With regard to the more general elements of the social and economic situation, a knowledge of which is after all indispensable for shaping social policy—such as movements of population, variations in prices, or data connected with public health— it would hardly seem possible for the central labour statistical service itself to assume responsibility for statistics on these subjects. It would at least be necessary for some ministerial department to be responsible for compiling regularly, according to the best methods, collating and publishing statistics concerning these questions, which the Ministry of Labour would thus have at its disposal. In respect of an enquiry into the cost of living—indispensable basis for estimating the real value of wages—the Mission was particularly struck by the large number of official services which prepared certain statistical information (Ministry of National Economy, Ministry of Reconstruction, Bank of Greece, etc.) and also by the diversity of the methods applied and therefore the discrepancies in the results. The concentration of this work in the hands of those best qualified to work out the best methods would therefore seem particularly desirable. ORGANISATION OF ADMINISTRATIVE SERVICES 283 TRANSFER OF DUTIES TO A N E W SPECIALISED BODY It is probable that if it proceeded to examine the actual allocation of duties between the various ministerial departments, the Greek Government would, in several cases, be led not to concentrate exclusive competence for a question in the hands of one of the administrations which are at present responsible, but to set up a new specialised body to carry out those duties. There is at least one case in which the Mission thinks it should definitely suggest the creation of special machinery, and that is with regard to all disputes arising out of industrial relations. The experience of many countries has shown the advantages of specialised courts to judge labour disputes, which require of the judges technical and psychological knowledge in a field which is foreign to most ordinary judges. Furthermore, access to these special courts can be made particularly easy and therefore procedure accelerated so that the disputes may be settled as quickly as possible and without expense to the litigants. The desirability of creating labour courts has already been mentioned in Chapter IV as a means of lightening the duties of the labour inspectorate by entrusting to these special courts the settlement of disputes concerning the interpretation of contracts of employment, which now often have to be settled by the inspectors, at least at the conciliation stage. 1 The competence of these same courts might perhaps be extended to a wider field. It would seem desirable more particularly that they should extend their activities to the settlement of disputes arising in respect of social insurance. Act No. 6298 of 1934, which set up the I.K.A., provided for the establishment of administrative insurance courts to settle disputes concerning liability to sickness insurance or pension insurance, the fixing of the contributions to be paid, and the refusal, reduction or suspension of benefits ; but these courts do not operate. Again, Act No. 118 of 1945 concerning unemployment insurance allows the person concerned to appeal to the governing body of the fund. This system is not satisfactory, for the fund thereby becomes simultaneously judge of the dispute and a party to it. Therefore, in order to remedy 1 See p. 107. 284 LABOUR PROBLEMS IN GREECE the above-mentioned deficiency (in sickness insurance and pension insurance) and to correct the anomaly of the system of jurisdiction in unemployment insurance, it would seem desirable either to set up administrative social insurance courts or to transfer to the labour courts the power of jurisdiction in respect of social insurance. Although it is not the current practice to empower labour courts to deal with social insurance disputes, the second solution is suggested as preferable, in view of the fact that in Greece the centres of population which require one or the other kind of special courts are widely scattered, and to avoid the expense of a double specialised judicial machinery. The extension of the competence of labour courts to disputes concerning social insurance does not seem likely to involve serious disadvantages, even in Greece where social insurance covers not only wage earners but also independent workers. The position is much worse if the persons concerned have no possibility of applying to a court access to which is easy and free of charge. PROVISION FOR SYSTEMS OF CO-ORDINATION Even if a certain regrouping or transfer of duties is carried out, there will still be many cases in which the solution of labour problems will require the co-operation of several ministerial departments, since such problems must be tackled from various angles. On the other hand, the Ministry of Labour will continue to deal with questions which, in certain respects, affect a wider sphere. These cases call for the organisation of systems of liaison which at present often seem to be lacking or not to work in a sufficiently regular manner. The need for such systems has already been indicated in the previous chapters in respect of particular problems. For instance, the setting up of an interdepartmental liaison committee has been proposed in order to ensure close collaboration of the competent services for the protection of children and young workers. 1 Doubtless a similar organisation might be useful for the study of problems of vocational guidance and for giving effect to such programmes of vocational guidance as may be drawn up, for this question necessarily has both educational 1 See above, p. 134. ORGANISATION OF ADMINISTRATIVE SERVICES 285 and occupational aspects and should have its place in the school curriculum as well as in the employment office. The schools and the employment service, the Ministry of Public Education and the Ministry of Labour should concern themselves with it. The same need for co-ordination exists in respect of health and public hygiene. As indicated in Chapter V, the system of sickness insurance should be closely associated with the activities of the medical services of the Ministry of Public Health and of the Ministry of Social Welfare.1 Joint plans should be drawn up to put the necessary institutions at the service of the population. More particularly, when it is a case of organising for a scattered population, like the rural population, or of a campaign against tuberculosis or other social diseases, it is in no way necessary to provide separate institutions for those entitled to social insurance and those who are not entitled to it. A liaison committee, on which the Ministry of Labour (Directorate of Social Insurance), the Ministry of Health and the Ministry of Social Welfare were represented would therefore be useful for a rational allocation throughout the country of hospitals, dispensaries, sanatoria and preventoria, and for the organisation of their use according to the requirements of the population. In the case of preventive health and public hygiene measures, liaison should certainly also be extended to other departments : the Industrial Hygiene Service of the Ministry of Labour, the School Medical Inspectorate of the Ministry of Public Education, the Social Investigation Services of the Ministry of Reconstruction, and perhaps others also are engaged in the investigation of health questions, and co-ordination of their activities is desirable. This would be less a case of establishing liaison by committee than of instituting through administrative channels systems of exchanges of information and of mutual services. This system would aim particularly at centralising in the most appropriate services—probably in the Ministry of Public Health—all statistical or other information concerning health and, on the other hand, it would facilitate for each of the departments concerned the use of the general health services (holiday camps, etc.) administered by another department. 1 See p p . 1 9 9 - 2 0 1 . 286 LABOUR PROBLEMS IN GREECE STAFFING PROBLEMS Staff reduction in the civil service was a problem which was very much discussed during the stay of the I.L.O. Mission in Greece, and for budgetary reasons a considerable reduction had been decided on shortly before its departure from Athens. In most of the administrations with which the members of the Mission had to deal there was not an obviously excessive number of personnel ; indeed, in certain of the services which were most important for the solution of labour problems, there was an obvious shortage. This was particularly the case for external services such as empioyment offices and labour inspection services. In fact, in Chapters III and IV it is suggested that the staffs of employment offices and inspection services should be increased so that these services may be able to carry out all their tasks. This shortage might, however, be made good in part by providing the personnel already employed with better working facilities. Suitable premises and improved equipment would considerably increase the output of each individual. As a result of destruction during the war and other causes of social upheaval, the ministerial departments and external services visited by the Mission frequently did not have those facilities. The social insurance services, for example, were scattered over several buildings. Their offices, which were far too small, could not accommodate their files, which sometimes had to be put away in badly lighted corners. Some of these services, whose daily work consisted of making calculations, were generally short of calculating machines and the statistical services were also short of these machines. Only a very few of the employment offices had punching machines and up-to-date filing cabinets. Most of them had to put up with primitive equipment. There were not even any typewriters in many of the employment and inspection offices which the Mission visited. In these circumstances, it would be unjust to compare the efficiency of any official of the Greek administration with the output per unit in administrative services provided with modern equipment. ORGANISATION OF ADMINISTRATIVE SERVICES 287 Staff Regulations Rationalisation of the administrative system may provide conditions favourable to efficiency. Nevertheless, the main factor for any efficient administration is to be found in the intrinsic value of the personnel itself. Certain elements of the staff regulations may assist in ensuring that the State has a competent body of officials. The analysis that follows only deals with the elements of these regulations which may serve this purpose. RECRUITING AND PROMOTION In order to obtain proper selection of entry into the administrative services, methods of recruiting should tend to define exactly the qualifications necessary for each post and to seek objectively which candidate is most fitted to fill the post in the light of these qualifications. In. short, recruiting should be based on merit. The Greek Act No. 560 of 1945 on the organisation of the Ministry of Labour clearly defines the qualifications required for each post in the Ministry and it lays down as a fundamental condition for admission of all candidates that they should succeed in an examination (section 19, paragraph 1 (g)). Similar rules were applied in respect of the recruiting of personnel for I.K.A., in accordance with section 19, paragraph 5 of Act No. 6298 of 1934. Since examination or competition is the-best means of ensuring recruiting by merit and of eliminating outside influences, it seems regrettable that this has been done away with by the Legislative Decree of April 1946, in so far as posts in the Ministry of Labour are concerned, and that this method was suspended in the case of many persons engaged in 19461947 for the staff of the I.K.A. social insurance funds. As it is only by practical experience that the capacity of a candidate may be verified or found deficient, a period of probation before the final appointment of the official is certainly a wise administrative regulation. Section 20, paragraph 3, of Act No. 560, adopted in 1945, provided for a probationary period of one year before a candidate who had been accepted could be finally appointed. This provision was also cancelled by the Legislative Decree of 30 April 1946. Thus, the two safeguards 288 LABOUR PROBLEMS IN GREECE for efficient recruiting were abolished just when the heavy tasks incumbent on the Greek administration made them particularly desirable. So far as transfers and promotions are concerned, Act No. 560 of 1945 lays down very definite regulations for each post, and these regulations have remained in force. If equitably applied, they may give reasonable prospects of promotion to capable officials.1 VOCATIONAL TRAINING FOR TECHNICAL DUTIES In branches of the service requiring technical knowledge sound methods of selection should be supplemented by systematic vocational training for newly admitted candidates, as well as probationary or refresher courses for staff already appointed. Such training is often indispensable when an official is promoted and may also assist those persons who have been several years in the service to revise the administrative routine and keep themselves in touch with new technical methods. A scheme of training with several stages has therefore been proposed in Chapter IV so far as labour inspectors are concerned. Similar plans would also be useful for the training of the staffs of employment and vocational guidance services and for the staff of social insurance funds. Act No. 560 (section 28) contains a provision for this purpose, the value of which should be stressed. Every year, three officials of the Ministry of Labour may be given leave with pay for two years in order to supplement their theoretical or practical specialised knowledge in foreign countries. Under the same section, leave of one year may be granted without pay but with retention of seniority. The Mission hopes that these provisions may be widely applied. SECURITY OF TENURE The guarantee of security of tenure given to the official by his legal status is not only useful as a moral protection 1 Nevertheless, in Chapter IV some relaxation of the regulation requiring university degrees for promotion to the higher ranks of the labour inspectorate is suggested in cases where practical experience may be regarded as the equivalent of a degree for the purpose of assessing capability (see p. 97). ORGANISATION OF ADMINISTRATIVE SERVICES 289 against political pressure ; it is also an indispensable factor in obtaining an efficient administration. No administrative service can be fully efficient unless it has an experienced staff, and certain technical services in particular, such as inspection, placement and social insurance, require a fairly long period of practice before the necessary experience is fully acquired. The provisions of the Constitution, and those of Act No. 560 as regards the status of officials of the Ministry of Labour in particular, give the official a very great measure of security in normal times. Under Act No. 560 permanent officials can be dismissed only in clearly defined cases and with suitable guarantees of impartiality in determining the causes giving rise to the dismissal. Apart from superannuation, these causes are the following : suppression of a post by law, duly certified physical or mental disability, unfitness by reason of an act coming under criminal law, disciplinary measures, unjustifiable absence from duty. Notwithstanding these provisions, Emergency Decrees having the force of constitutional law have three times since the war authorised the breaking of contracts of public officials for purposes of weeding out staff. The first Decree, dated 2 April 1945, only concerned officials appointed during the occupation and during the dictatorship of 1936-1941. The second, dated 21 August 1946, was in force for four months from that date, and the third, promulgated on 8 January 1948, will remain in force as long as the seditious movement lasts. Both were made applicable to permanent and temporary officials of the public administration, strictly so-called, as well as to the staffs of public institutions, services controlled by a Ministry, State-subsidised institutions, State banks and cooperative organisations. In the Act of 1945, the criteria for removal from their service were in the main professional qualifications and considerations of national interest. The 1946 measure still took some account of professional criteria along with criteria of a political character. Those of the 1948 Decree are essentially political. The Decree of 1946 authorised dismissals for the following four reasons : (a) conduct incompatible with the qualifications required for t h e post, during t h e period between t h e suspension a n d t h e reestablishment of t h e p a r l i a m e n t a r y régime ; ORGANISATION OF ADMINISTRATIVE 291 SERVICES SALARIES In order to provide for satisfactory recruiting for public services, it is necessary that the latter should offer future candidates a position equivalent to that which their qualifications might enable them to obtain in private employment or in an independent capacity. In order that officials at present employed should devote all their activities to their public duties, it is also necessary that their salary should be adequate so that they should not be tempted to supplement it by outside work. TABLE XXV. BASIC SALARIES OF PUBLIC OFFICIALS 1 (in drachmae) Grades Director-General . . . . Director, 1st class . . . Director, 2nd class . . . Head of section, 1st class Head of section, 2nd class Reporter Secretary, 1st class . . . Secretary, 2nd class . . Attaché Clerk, 1st class Clerk, 2nd class . . . . Chief messenger . . . . Messenger, 1st class. . . Messenger, 2nd class . . Messenger, 3rd class . . Messenger, 4th class . . Pre-war 1939 9,430 7,475 6,716 5,980 5,060 4,370 3,726 3,174 2,507 2,185 1,725 2,070 1,552 1,380 1,150 920 Quotient increase At 11 Nov. September ofbetween 1944 1947 1939 and 1947 8,800 7,600 7,200 6,400 6,400 6,000 5,600 5,200 5,000 4,800 4,800 5,000 4,600 4,600 4,400 4,400 750,000 600,000 550,000 500,000 470,000 430,000 385,000 375,000 360,000 320,000 300,000 320,000 300,000 280,000 260,000 240,000 80 80 82 84 93 98 103 118 144 146 174 155 193 203 226 261 1 Table drawn up on the information supplied to the Mission by the Bank of Greece. Special allowances for families, seniority, etc., are not included. Table XXV shows salaries by grades in the pre-war period, at the time of the first readjustment which followed the reconversion of the drachma and after the readjustment of September 1947 which had just come into force when the Mission arrived in Greece. There had been other readjustments during the interval in June 1945, in January, February and June 1946 and in February 1947. The quotients of increase given in the right-hand column of the table show the principle which inspired the adjustment 290 LABOUR PROBLEMS IN GREECE (b) voluntary and consistent collaboration with the occupying and invading forces in the country in order to assist them or to obtain advantages for them ; (c) any participation or collaboration in the seditious movement between 3 December 1944 and 12 February 1945 and any action or participation in action, since that date and during the period of validity of the Decree, against public order or in support of those who take part in sedition or for the attainment of objectives hostile to the State or the nation ; or (d) any lack of university or technical or professional qualifications, any unworthy conduct in the performance of duties or any incapacity to carry them out due to physical, moral or mental defects. The 1948 measure added the condition of " loyalty " to the conditions imposed for appointment to public office and authorised the dismissal of officials and assimilated staff for disloyalty, any person being regarded as disloyal who has co-operated in various seditious or other acts enumerated in the Decree (sabotage, espionage, revealing confidential documents, etc.) or in attempts to commit the same acts, or who has been deliberately in touch with persons engaging in such acts, or who " believes the words of those who have prepared and at present lead the rebellion, is inspired by antinational conceptions or in any way carries out propaganda in favour of the Communist Party or those who co-operate with it". * It is obvious that in view of the exceptionally serious situation existing in the country, only the Government responsible for the fate of the country has competence to determine the nature and extent of the measures which it regards as necessary for purging the civil service and similar administrative bodies. From a purely technical point of view, however, the I.L.O. Mission is bound to note that the successive staff cuts based on causes of a non-professional character which have been carried out in the Greek administration have necessarily reduced the strength of the services. In 1947, the administrative services with which the Mission was in contact seemed already, by reason of the successive purges, to be suffering from the hasty recruitment of new and inexperienced staff to replace officials dismissed by reason of their political views. 1 Cf. Messager d'Athènes, 8 January 1948. 292 LABOUR PROBLEMS IN GREECE of salaries and which was also applied in the regulation of wages and salaries in private undertakings, namely, to provide primarily for basic needs which are the same for all. 1 Therefore, the increase in salaries is relatively less in the higher grades. The same principle was even more drastically applied at the time of the readjustment of 1944. The difference between the highest and lowest salaries in the scale, which was proportionately more than 1 to 10 before the war, was brought down to a proportion of 1 to 2 in 1944 and in September 1947 increased only to a proportion of 1 to 3. At a time of material difficulties, the value of this principle from the social point of view cannot be disputed. Its enforcement nevertheless has contributed towards developing a situation which involves obvious disadvantages for the efficiency of the administration. Although the present statistics on cost of living do not make it possible to estimate exactly the actual value of salaries in the 1947 scale S it would seem reasonable to think that in the case of most categories, salaries are still far from having recovered their pre-war value. In order to make up their inadequate remuneration, Greek officials have been led, particularly in recent years, to take on additional work and even to look for work outside the administration. In the case of those belonging to the higher grades of the Ministry of Labour, this subsidiary work has often taken the form of remunerated membership of committees, councils, and other official or semi-official bodies and of participation in the administration of social insurance funds. The Government has recognised the existence of this situation by several times intervening in order to restrict multiple employment. More particularly, Decree No. 146 of 11 October 1946 laid down that officials (or employees of local administrations, of public institutions, of foundations, etc.) who occupy more than one post are only entitled to draw the salary for one post, at their own choice, and half the salary of the second post. Circular No. 268.603 of September 1947 limited to 75 per cent. of the basic salary the allowances that officials are authorised to receive for services on councils and committees. Nevertheless, although these measures somewhat restrict the attraction 1 See the section concerning wages and salaries in private undertakings in relation to the increase in the cost of living, Chapter II, pp. 37-45. ORGANISATION OF ADMINISTRATIVE SERVICES 293 of subsidiary duties and offices, they do not remove either the causes or the disadvantages of multiple employment. The participation by officials in committees, councils and other official or semi-official administrative bodies is indeed quite normal when the activities of the body in question come within the competence of the service to which the official belongs, when membership in this body is an integral part of his duties and his official salary covers the additional activities involved. The disadvantages are seen as soon as the subsidiary activities are remunerated, for there is then the danger that subsidiary activity or activities may absorb the energy which should be given to the main duties and may lead to neglect of these duties. Furthermore, specific disadvantages may be involved by certain forms of multiple employment. As already said above in the chapter on social insurance 1 , a conflict of competence arises when the chairmanship of insurance funds supervised by the Ministry of Labour is held by an official belonging to that same Ministry. So long as the salaries of officials are inadequate to satisfy their requirements, and tempting opportunities arise to supplement a reduced salary by subsidiary work which is to hand, it can hardly be hoped that a spirit of exclusive devotion to public duties will inspire the administrative services. On the contrary, there is a danger that the present system may operate unfavourably for the most conscientious, that is to say, those who devote all their energies to their duties. 1 Cf. Chapter V, p. 206. CHAPTER V i l i GENERAL CONCLUSIONS In this Report the Mission has attempted to present as clear a picture as possible of the labour problems which confront Greece at the present time. It might have been possible to prepare a simple list of recommendations, with brief explanatory comments, but this would not have met the needs of the situation. In the view of the Mission it was essential not only to put forward proposals, but also to give a broad outline of the problems and the conditions in which they arise. It has not been easy for the Mission to find its way through the many legal texts which regulate conditions of labour and social insurance, or to obtain the full and accurate factual information which is necessary as a basis for practical proposals. Others who are interested in the welfare of Greece will encounter the same difficulties as they study the problems, and it is hoped that the foregoing pages will help them to see and to appreciate the conditions, the difficulties and the possibilities. The Report has been prepared primarily for the information of the Greek Government, since it was at the Government's invitation that the International Labour Office undertook its study of the problems. No doubt a statement of the recommendations arrived at by the Mission would have been sufficient for the needs of the Government, which is in a position to know and understand the problems with which the country is faced. It will be realised, however, that the Government will be unable to solve all the problems by its own efforts. Other elements in Greece will need to play their part in overcoming the immense difficulties of the present situation, and it is essential for them to see the picture as a whole and in all its details. Moreover, international aid and understanding will be needed if Greece is to achieve satisfactory conditions of labour and improve the standards of life of the population. Many valuable reports haye been published with regard to the economic, political and social problems of Greece, but so GENERAL CONCLUSIONS 295 far there has been no extensive examination of the vital questions of conditions of labour and social insurance. The present Report, therefore, should help to fill a gap in the international documentation on Greek affairs. Any Mission should understand its subject before it begins to explain it, but in Greece today there is so much to understand and so much to explain. Greece has passed through a dictatorship, fought a war, endured an enemy occupation, experienced a liberation and suffered from prolonged civil strife. It has known the miseries of cold, starvation and disease, witnessed widespread destruction of life and property, and felt the bitterness and despair of fratricidal struggles. It has, moreover, been a prominent victim of the play of international forces—both economic and political. Greece is not unique in its sufferings ; other countries too have had trials no less difficult to bear. But unless the events of recent years in Greece are kept clearly in mind, it is impossible either to understand the difficulties which have to be surmounted or to suggest the means by which they can be overcome. In every corner of the field there are problems which arose or were aggravated by the dictatorship, the events of the war years or the struggles which have followed the liberation. Emergency measures which were taken to deal with situations that were getting out of hand have in their turn created new problems. Solutions which might have been possible in normal circumstances have been unthinkable because of national or international political rivalries. Greek labour legislation will stand comparison in any international company, and Greek conditions of labour, though leaving much room for improvement, give no cause for despair. There is nothing wrong which cannot be put right, provided that the understanding, the will and the means are forthcoming. In 1929 an official of the International Labour Office, who visited Greece in connection with the technical assistance given to the country by a delegation from the Health Committee of the League of Nations, noted conditions of labour which were in many respects apt to be prejudicial to the health of the workers. In several cases, particularly with regard to the hours of work and the employment of children in industry, these conditions have been considerably improved. If it is remembered that during the interval Greece has undergone trials which made any action in regard to social conditions 296 LABOUR PROBLEMS IN GREECE particularly difficult, the fact that these improvements have been brought about gives reason for hope that progress will also be made in regard to the other matters. Some of the steps recommended by the Mission might be taken immediately ; others would have to wait upon an improvement in conditions—economic and political, national and international. The Mission has not contented itself with suggesting immediate measures for coping with an emergency situation, but has also recommended remedies which may take a considerable time to put into effect and which may involve fundamental changes. While it may not be feasible to work to a master plan covering the whole range of the subjects involved, it should nevertheless be possible to have a broad idea as to the principal objects which it is intended to achieve. Emergency measures and temporary expedients which may be necessary today should not create new problems for tomorrow, but should help to pave the way for the more lasting solutions which it will be possible to apply when conditions are more favourable. T H E POLITICAL AND ECONOMIC SETTING When looking into the problems of labour and social insurance legislation, the Mission was brought face to face at every turn with economic and political considerations. Since these problems have to be seen against the economic and political background, and since in that respect there is so much confusion today, the Report has included a separate chapter on the economic and political situation. The chapter does no more than provide a rough sketch of the present position in Greece. Others have written about these matters more fully and there is ample material for those who would study social policy in Greece in relation to its economic possibilities. Social progress in Greece, as in other countries, will meet with many economic obstacles, but it is necessary to be clear as to whether the main difficulties are temporary or whether they are inherent in the Greek situation. As has already been pointed out in the Report, the Greek standards of living have always been low. Greece is not endowed with immense natural resources, either in minerals or in other raw materials. Its forests are sparse and its soil is shallow. It has, however, an extensive coastline and an excellent GENERAL CONCLUSIONS 297 climate. Fish and fruit are abundant, and if material comforts are low compared with those of the more highly organised industrial countries, it must be admitted that many of the material needs are less keenly felt. Most of the pressing difficulties which beset Greece today in the economic and industrial sphere could be overcome if world conditions became more stable and if the internal political conflicts in Greece could be resolved. But is it only a question of escaping from the present emergency ? Must Greece remain a poor country with low standards of living even when more normal conditions return ? Greece is not naturally a rich country, but the Mission has formed the opinion that much can be done to develop its resources and to increase the products both of its agriculture and of its industry. This is not the place to enlarge upon the theme, but it is evident that the future of social policy in Greece will depend upon whether this development takes place or not. EMPLOYMENT AND EMPLOYMENT ORGANISATION Some consideration had also to be given by the Mission to the problems of employment and of employment organisation, both because they belong to the field of labour legislation and because the employment situation affects the whole problem of protecting and improving conditions of labour. Is employment increasing or otherwise ? Are the difficulties temporary or lasting ? Here again the difficulties are aggravated by the present abnormal conditions. There seems to be no compelling reason, at bottom, why Greece should have a long-term employment problem of any magnitude. No little difficulty was encountered by the Mission in obtaining a clear picture of the extent of unemployment in Greece today. Accurate figures were not available and estimates were conflicting. It is, however, evident that there is widespread unemployment and underemployment at the present time, and that the situation can hardly be expected to right itself until economic activity becomes more normal. In the meantime the Mission feels that steps might be taken to extend the employment service organisation and to increase its capacity • for dealing with the problems. It is also clear that one of the difficulties which Greek industry will have to face is not that of a manpower surplus but 20 298 LABOUR PROBLEMS IN GREECE that of a shortage. In many branches of industry there are not enough skilled workers available, and there is no evidence that they will come forward in appreciable numbers unless energetic steps are taken to develop the facilities for vocational training, in industry and in training centres, both for young workers and for adults. In present circumstances the Greek Government may find it necessary, as a temporary expedient, to encourage a certain amount of emigration. Recognising this, the Mission has suggested ways in which guided emigration might be organised with adequate safeguards for all concerned. Emigration, however, could not be regarded as a satisfactory solution for the employment problem ; the real remedy lies in restoring Greek economic activity to normal and developing the country's resources. CONDITIONS OF LABOUR In its examination of the legislation regulating conditions of labour the Mission took into account as far as possible the concrete problems which presented themselves in the course of its visits to the most important industrial centres, brief and limited though they unfortunately were, and those which were brought out in interviews with representative groups of the persons concerned. The Mission gave its attention not only to the texts of the laws but also to the actual conditions of industrial work, whether in the factories or in the numerous and varied small workshops. It looked into the problems of home workers and of special categories, such as dockers, railwaymen and seamen. The suggestions made by the Mission in regard to conditions of labour do not pretend to be in any way exhaustive. The choice of the subjects regarding which recommendations have been formulated was inspired by two considerations. In the first place, it was thought necessary to tackle the problems which seem to have particular practical importance for the wellbeing of wage earners and salaried employees. Secondly, it was hoped that some help might be given towards adapting the legislation of the country to the standards laid down in international labour Conventions already ratified by Greece or in Conventions which have not yet been ratified but ratification of which seems possible and desirable in the not too distant future. GENERAL CONCLUSIONS 299 Accordingly recommendations have been made in regard to three main groups of problems. The first group relates to the general structure of labour legislation, with special reference to the need for co-ordinating the legal provisions under the main headings or possibly codifying the whole body of labour legislation ; the need for abandoning the system under which laws dealing with different subjects are amended in one and the same legal text ; and the need for a simplification of the legal provisions so as to render them more easily intelligible to those wTho are affected by them or who may have to help to apply them. The second group of recommendations consists of measures concerning the system of inspection to ensure the enforcement of labour legislation. These measures would imply both a strengthening of the inspectorate and a reorganisation of the inspection services. In the third group the Mission has included a number of recommendations concerning various problems connected with the actual conditions of labour. Reference is made in particular to measures relating to hours of work, rest periods, holidays with pay, health and safety, home work, protection of children and young workers, protection of women workers and measures affecting dockers, railwaymen and seamen. SOCIAL INSURANCE A subject to which the Mission attached special importance was the study of the system of social insurance. It was not easy to obtain a clear and exact picture of the present position of the social insurance funds, since they are numerous and for the most part unconnected one with another. The description given in Chapter V can therefore only be regarded as a first general survey. If the International Labour Office were asked for further and more precise suggestions in regard to the social insurance system, more detailed and far-reaching studies would need to be made. In particular, a great deal more statistical information would be needed as a basis for the necessary actuarial estimates. It is evident, however, from the enquiries which the Mission was able to make that a complete overhaul of the system should be undertaken and that in the meantine a number of transitional measures might well be put in hand. The Mission's analysis of the essential problems of social 300 LABOUR PROBLEMS IN GREECE insurance in Greece does not enter into all the details. A full examination would demand a more exhaustive study and would call for a longer period of preparation than the Mission was able to give. It follows that the conclusions arrived at by the Mission cannot cover the whole field. The most serious problem is to maintain the financial equilibrium of the insurance funds and particularly of the I.K.A. This problem is closely related to that of the whole system of insurance and of its organisation and its administration. The Mission realises that the present situation does not favour the immediate introduction of a new system which would solve all these problems at once, and that the way to a complete solution would need to be prepared by a number of transitional measures. It is therefore important to examine carefully all the possibilities of a gradual approach towards such a new system. Above all, any measure needed to deal with questions which do not permit of delay should not make the final solution more difficult. If is suggested by the Mission that steps should be taken as soon as possible to consider and carry out various measures which emerge from Chapter V, and which may be divided into two parts. The first group consists of the measures which seem to be the most urgent ; the second comprises those which might pave the way for a complete solution, such a solution being held over until the country enters upon a period of economic and political stability. ORGANISATION OF ADMINISTRATIVE SERVICES It has been mentioned that the Mission continually found itself brought up against economic and political considerations. Another problem which forced itself upon the Mission's attention over and over again was that of the administrative arrangements by which labour legislation is carried out. On many occasions the Mission found that accurate information was not available because the arrangements for providing it did not exist, or that necessary action could not be taken because the competent services were not sufficiently well equipped. It will be appreciated, however, that Greek labour legislation will not provide its full benefits unless efforts are made not only to supplement and simplify laws but also to improve the administrative machinery for applying them. GENERAL CONCLUSIONS 301 In Chapter VII attention is drawn to some of the problems which the Mission encountered and to some of the remedies which might be applied. In this connection stress might well be laid upon the need for improving and co-ordinating the statistical services of the various departments. At present it is often necessary to make rough estimates where complete figures should be available, or to make calculations and deductions on the basis of figures from several sources which do not agree. Examples of the problems in regard to which improved statistical information is needed have already been given ; if satisfactory solutions are to be found for these problems, it will be necessary to provide both more extensive figures and figures which are more reliable. Such information is necessary not only for the use of the Government departments, but also for the guidance of the employers' organisations and trade unions, the education of the Greek electorate and the enlightenment of public opinion abroad. Too much emphasis cannot be laid upon the importance of facts and figures, whether as indispensable raw materials for those who have to shape policy or as informative materials for those who wish to understand the true nature and extent of the problems. Broadly sp.eaking, the recommendations put forward in Chapter VII relate to the steps which might be taken to strength en the Government services for handling labour problems, to reallocate duties as between various departments and to arrange for closer co-ordination between departments which share the responsibility for the same subjects. In this connection the Mission has thought it necessary to speak not only of measures of reorganisation but also of problems which affect the position and outlook of the officials. The Mission met officials in Greece whose efficiency and spirit of service could not be surpassed, but it will have been seen from Chapter VII that much still remains to be done before the civil service as a whole is strong and experienced enough to cope with the growing tasks which modern developments are thrusting upon it. T H E TRADE UNION SITUATION Perhaps the most tangled skein which the Mission had to unravel was the situation of the Greek trade union movement. There are a considerable number of trade unions in Greece, and a large percentage of the Greek workers, at least in the 302 LABOUR PROBLEMS IN GREECE most important industries, seem to be organised. It was, however, impossible to discover either the exact number of bona fide trade unions in existence or the number of their members. The unions form part of the General Confederation of Labour, and one of the most vexed questions in Greece since the liberation has been the composition of the Confederation's Executive Committee. This is one of the many problems which the Mission found to be complicated by political considerations. On the surface it is difficult for an outside observer to understand why it has not yet been possible to constitute an Executive Committee elected in accordance with the rules of the Confederation and recognised as the legal authority for carrying on the Confederation's affairs. An Executive Committee was elected at the Eighth Pan-Hellenic Trade Union Congress in 1946 but was afterwards deposed and replaced by a Provisional Executive, which was appointed by the court of first instance. Political considerations played a large part in the election of the Executive at the Congress and political considerations dominated the negotiations which preceded the appointment of the Provisional Executive which is now in office. Why, it may be asked, should the executive committee of a national trade union confederation be composed on the basis of political tendencies ? Why should its members not represent either districts of the country or the various industries ? The trade union movement had be restarted in many other countries after the war. Did they meet with similar difficulties, and if they overcame them, why has the Greek trade union movement been unable to do so ? For the last few years both the Government and the courts have intervened from time to time in the efforts to reconstitute the trade union movement and provide it with a duly elected and legally constituted leadership. Why was such intervention necessary ? And finally, the outside observer may wonder whether any other course could have been taken and why the whole problem was not settled long ago. It is to be hoped that Chapter VI of the Report has thrown some light on these problems. An attempt has been made to set out the sequence of events as simply as possible and at least to describe what happened, even if it has not always been easy to explain why. There is a thread running through the whole story and it will be seen that the attempts to restart the Greek trade union movement since the war have been influenced GENERAL CONCLUSIONS 303 at every stage by national and international political rivalries. Within the Greek trade union movement a struggle for power has been going on, and it is that which provides the key to many of the events of recent years. How long it will be before the Greek General Confederation of Labour is properly consolidated and able to control its own affairs is impossible to foresee. But sooner or later a way out of the present unsatisfactory situation must be found. It will be better for all concerned when the intervention of the Government in the affairs of the trade unions can cease and when recourse to the courts can be reduced to a minimum. The Act which gave the Minister power to regulate the appointment of a provisional executive at the close of the war should have been used once only, and after that the trade union movement should have been able to proceed under its own steam. But events have led to one intervention after another by the Government and by the courts. The time must come when the trade unions carry out their elections and expulsions by their own means, in accordance with their own rules, and under their own responsibility, and when the rights of trade union members are safeguarded by the rules and respected in fact. It may well be that the present compulsory contribution payable to the trade unions by the workers will once again be replaced by a voluntary contribution. The Mission would not advise the abolition of the compulsory contribution if the effect would be to ruin the Greek trade union movement and to throw back its development for decades, but it nevertheless sees serious drawbacks in the system of compulsory contributions and would welcome the time when the Greek trade union movement could rely upon funds collected by its own efforts and freely contributed by members who believe in trade unionism and are prepared to give it their active support. If it is to play its full part in helping the country into a period of greater happiness and prosperity, the Greek trade union movement will need to place greater emphasis upon its industrial or "trade union" activities and allow its political preoccupations to fall into their proper place. The task of reconstructing Greece will be immense. Sacrifices, discipline and productive effort will be required, and the Greek trade union movement can contribute greatly towards making the needs of the country known and understood amongst the workers, securing to the workers their share in the shaping and 304 LABOUR PROBLEMS ÏN GREECE execution of policy, and mobilising them for the Herculean effort that will be required. It was evident to the Mission that the Greek trade union movement has still much to learn about the place of trade unionism in the modern State and the tasks which it is called upon to perform. Anything that can be done to help the movement to obtain the necessary experience by the organisation of educational facilities for trade unionists, the provision of literature, the loan of advisers from abroad and the organisation of visits by Greek trade union officials to foreign countries for the purpose of studying their problems and methods, would be worth while. INDUSTRIAL RELATIONS If time had permitted, the Mission would have included in the Report a separate chapter on industrial relations. The organisation of strong trade unions is only one step in a long process, for it is necessary not only for the workers to organise themselves but also for the workers and the employers to develop in common the procedures by which the relations between the two sides are to be conducted. When employers and workers begin to enter into collective agreements it is soon found necessary to establish rules and methods for the negotiation, revision and observance of the agreements, for the settlement of the differences and disputes which inevitably arise, and for recourse to conciliation and arbitration from outside when the parties are unable to agree. When the machinery for collective bargaining and the settlement of disputes has been established, the need is felt for arrangements to cover consultation on other subjects, at the industry level and in the individual factories. At the 30th Session of the International Labour Conference (Geneva, 1947) a Resolution was adopted on freedom of association and protection of the right to organise and to bargain collectively, and it is anticipated that a Convention on this subject will be adopted by the Conference in 1948.1 Other subjects to be considered by the 1948 Session of the Conference 1 See Chapter VI, p. 210, footnote 1. GENERAL CONCLUSIONS 305 are the application of the principles of the right to organise and to bargain collectively, collective agreements, conciliation and arbitration, and co-operation between the public authorities and employers' and workers' organisations. The subjects now before the International Labour Conference cover the broad field of industrial relations, and when the projected Conventions have been adopted there will be in existence an international code on these subjects, which the respective countries will be invited to apply. In Greece there are considerable gaps in the arrangements for the conduct of industrial relations, but good progress in building up the machinery of collective bargaining and conciliation had already been made before the war. The effect of the war and the occupation was to "freeze" all developments in this field, and it is only recently that progress has been resumed by the signing of new collective agreements. An Act of 16 November 1935 x made provision for the conclusion, registration and observance of collective agreements. The Act provided that collective labour agreements might be concluded between employers, employers' organisations and workers' organisations, and that such agreements should regulate the conditions to be fulfilled by contracts of employment in any given occupation and district. The collective agreements were to be drawn up in writing and copies were to be deposited with the clerk of the justice of the peace in the locality in which they were concluded. A copy was then to be forwarded by the clerk to the Ministry of Labour. Provision was made for the extension of such agreements to other districts, and it was also provided that a collective agreement to which the employers of three fifths of the workers in a given occupation and district were parties could be made binding by order of the Minister of Labour upon all employers and workers in that occupation and district. Another Act of the same date, i.e., 16 November 1935, is the principal Act concerning the settlement of collective labour disputes.* The Act provided that any dispute regarding conditions of labour or their modification which arose between several employers, an employers' association or an employer of more than ten workers, on the one hand, and a workers' 1 2 Cf. L.S., 1935, Gr. 7. L.S., 1935, Gr. 9. 306 LABOUR PROBLEMS IN GREECE organisation or a group of more than ten workers, on the other, was to be regarded as a collective labour dispute and settled compulsorily in accordance with the procedure laid down in the Act. When a dispute occurred, a competent official of the Ministry of Labour, whether requested by the parties or not, was to enquire into the causes of the dispute and to attempt to reconcile the opposing points of view. If a settlement was arrived at, it was to be signed by the parties and by the competent official, and copies were to be deposited with the clerk of the justice of the peace and forwarded to the Ministry of Labour, as in the case of collective agreements. If the attempt at conciliation failed, and if the dispute affected more than 25 workers, the matter was to be referred to an arbitration board in accordance with further provisions set out in the Act. The arbitration board was to include representatives both of the employers and of the workers. Nearly a year later, on 12 August 1936, the first two general collective agreements, fixing minimum rates of pay for all wage earners and all salaried employees, were concluded. Act No. 99 of 26 August 1936 ratified the two general agreements and gave them the force of law. The Act provided that the signatures of the central employers' and workers' organisations might replace those of all the other organisations thereby bound, and that signed agreements might be deposited with the clerk of the court at Athens instead of with the clerks of the courts in other districts. Act No. 866 of 22 September 1937 legalised all the agreements which had been concluded down'to that date. The Act extended for six months the force of those which had expired on that date, gave the Minister the right to extend agreements for six-monthly periods, and provided that the General Confederation of Labour might sign agreements as representing all the workers in Greece. The Act further provided that the two general agreements applied to all workers, whether belonging to an organisation or not, except those covered by a special agreement, that these agreements were to be applied without regard to the system of wage payment, and that agreements would be binding not only upon the workers and undertakings concerned but also upon the employers' and workers' organisations to which they belonged. Further provisions were included in Acts Nos. 1367 and 1435 of 1938, concerning the designation of the most represen- GENERAL CONCLUSIONS 307 tative workers' organisations, the right of organisations to sign agreements, and the powers of the Minister and the most representative organisations in regard to the conclusion of an agreement, its extension, its duration and the conditions in which it was to apply. Collective agreements, therefore, could either be concluded by the parties or might result from arbitration awards. At the outbreak of the war there were some hundreds of collective agreements in force—two general agreements, which had the force of law and applied to the whole of the country, and others applying to a whole industry or to a whole district, to a single occupation within a district, or to one or more undertakings. It will have been seen from Chapter II that during and after the war the wages of workers and salaried employees were regulated by Government action. 1 The first steps towards a reintroduction of collective bargaining were taken when new wage scales were introduced in November 1947 as a result of prolonged negotiations, in which representatives of the Government, the employers and the trade unions participated. Following these negotiations, the first post-war collective agreements were signed in Athens on 4 November 1947 by the representatives of the employers' organisations and the General Confederation of Labour in the presence of the Minister of Labour. There were two agreements, one applying to salaried employees in private employment and the other to wage earners. Both agreements set out new scales which represented adjustments of the minimum rates contained in the collective agreements concluded before the war. 2 The agreements were subject to the approval of the Government and were to remain in force for six months as from 20 October 1947. The Act of 16 November 1935 concerning the settlement of collective labour disputes has likewise remained in abeyance. This Act, together with the Act concerning collective agreements, restricted the number of strikes and lockouts and afforded a certain measure of protection for the workers by giving collective agreements and arbitration awards the force of law. It would seem, however, that the unstable and rapidly 1 Note, however, the collective agreements concerning the mercantile marine which were signed in London during the war (see above, p. 150). 2 For further details regarding the new agreements, see Chapter I I . There were also a number of supplementary agreements, e.g., for bank employees, for the highest and lowest paid categories of salaried employees, and for apprentices. 308 LABOUR PROBLEMS IN GREECE changing economic conditions of the country have made it impossible to apply the system of conciliation and arbitration which was introduced under the Act. It is to be hoped that as the country settles down to normal it will be possible to develop a system of collective bargaining once again and to set in motion machinery for the settlement of labour disputes by peaceful means. The decisions which the International Labour Conference is expected to adopt in regard to these matters should provide a model upon which a new system in Greece might be built up stage by stage. There are interesting possibilities of development in this field, in view of the small number of factories engaged in mass production and the predominance of medium-sized factories and small workshops. It will be important to see how the Government, the employers and the workers can adapt the current ideas and practices of industrial relations to the special conditions of the Greek industrial system. Sound industrial relations are essential if employers and workers alike are to make their full contribution towards Greek recovery. T H E CO-OPERATIVE MOVEMENT It was pointed out in the introduction to this Report that although the Mission was unable to make a detailed study of the co-operative movement in Greece, it met representatives of co-operative organisations and gathered information on the movement's problems. The contacts which the Mission of necessity had with the Greek co-operative movement gave it an insight into various problems which, though not of direct concern to labour legislation, are not unrelated to it, since they closely affect the conditions of life and labour of the working population. It may not be out of place, therefore, if some reference is made to the position of the co-operative movement in this concluding chapter. The co-operative movement is widespread in Greece, both in the country districts and in the towns. According to figures supplied by the Ministry of Agriculture, 7,611 agricultural co-operatives were registered at the end of December 1946, of which 6,076 were actually functioning. The figures of agricultural co-operatives include about 120 co-operatives for fishing. The most numerous classes were : 4,672 credit cooperatives, 914 processing co-operatives, 475 sales co-operatives GENERAL CONCLUSIONS 309 and 114 rural supply co-operatives. In the towns, the cooperative movement comes under the Ministry of Labour. According to figures supplied by this department, 5,391 urban co-operatives had been registered up to 14 October 1947, though some of these, including some building co-operatives, had gone out of existence. The urban co-operatives consist in the main of (a) occupational co-operatives, and (b) consumers' co-operatives. The first group comprises co-operatives for production—especially among small tradesmen—commercial co-operatives for the organisation of transport, imports and exports, and co-operatives for the provision of services, while the second group includes 190 consumers' co-operatives, with 91,000 members, affiliated to the Union of Consumers' Cooperatives, and 21 other co-operatives with 10,000 members. By its steady growth—which may not have been clearly perceived—the movement has attained such a degree of development and maturity that certain of its branches might give valuable support to any Government action directed towards the stabilisation and better organisation of the economic system with a view to improving the conditions of the workers. In the first place, because of their intimate and permanent contact with the daily problems of the workers, the co-operative organisations, together with the trade unions, are in a position to give expression to the needs of the people, and their experience as economic organisations gives them a special authority in this respect. It is therefore suggested that the co-operative organisations might be given an opportunity to express their views through appropriate channels in regard to national economic policy. Secondly, the extent of their organisation and the experience and abilities of many of their administrators provide a justification for inviting or encouraging them to play a more important part in certain operations which are essential to the economic life of the country, such as the distribution of credits to farmers, the collection and marketing of agricultural produce and the distribution of foodstuffs and rare or rationed commodities. In regard to the general credits allocated to agriculture, experience in many countries has shown that rural credit cooperatives constitute an effective, reliable and relatively cheap machinery for their distribution ; there are therefore obvious advantages in making use of them for this purpose (providing, 310 LABOUR PROBLEMS IN GREECE however, that the credit operations are clearly separated from the commercial operations). In the case of the collection of agricultural produce, it might be considered whether national organisations should not be created for olive oil, wine and fresh fruit, such as have already been formed for corn, cotton, currants and tobacco. Since the consumers' co-operatives and, more generally, the purchase co-operatives, are non-profit-making distributive organisations, full use should be made of them in the general interest in any action taken with a view to arresting the rise in prices or providing for the equitable and efficient distribution of certain rare articles. The consumers' co-operatives should also receive their fair share of foreign currency and credits for their purchase abroad. For reasons similar to those mentioned above it might be desirable to make use of the agricultural co-operatives whenever appropriate for the distribution or use of tractors, machinery and spare parts from abroad. Even if this meant giving them special facilities, this would not confer a privilege upon them but would give them a responsibility and a function in the public interest. But the co-operative organisations will only be able to give effective support to Government action if they are able to preserve (and in some cases to regain) the characteristics on which their effectiveness is based. In other words, their functioning, management and development should not be hindered by rules which are foreign to the rules and methods of the co-operative movement. Generally speaking, any provisions which hamper this free functioning and development should be removed from laws and regulations. In particular, the rural credit co-operatives should be allowed to decide on their own responsibility what loans should be granted to their members. In the absence of any system enabling credits to be granted to co-operatives other than agricultural co-operatives, it would be useful to set up two separate funds, which could be administered by a committee attached to the Ministry of Labour. One of these funds would promote the development of urban occupational co-operatives and the other the development of consumers' co-operatives. Finally, in view of the importance of the co-operative movement in the economic and social structure of the country, it would be desirable for the Government to encourage either directly or indirectly (by means of grants to central co-operative GENERAL CONCLUSIONS 311 organisations) the teaching of co-operation, the spread of co-operative principles and the training of officials and staff for the co-operative movement. AGRICULTURAL WORKERS As a general rule the legislation relating to labour and social insurance in Greece does not apply to agricultural workers. It was pointed out in the introduction that the Mission had not been invited to study the problems of agricultural labour and that it was not equipped to do so. Clearly, however, the conditions of work on the land should receive consideration in any plans for the development of labour and social legislation. The International Labour Organisation has always given close attention to the problems of the agricultural workers, and has followed these questions through its Permanent Agricultural Committee and through the Agricultural Section of the International Labour Office. Several of the Conventions adopted by the International Labour Conference relate specifically to agriculture. They include the Minimum Age (Agriculture) Convention, 1921, the Right of Association (Agriculture) Convention, 1921, the Workmen's Compensation (Agriculture) Convention, 1921, the Sickness Insurance (Agriculture) Convention, 1927, the Old-Age Insurance (Agriculture) Convention, 1933, the Invalidity Insurance (Agriculture) Convention, 1933, and the Survivors' Insurance (Agriculture) Convention, 1933. None of these Conventions has so far been ratified by Greece. Agricultural problems have also been dealt with in a number of Recommendations adopted by the Conference. In view of the importance of agriculture in the Greek economy 1 , it may be assumed that in the plans for the reconstruction of Greece special consideration will be given to the legislation affecting those who find their living on the land. In this connection the possibility of bringing the conditions in Greece into line with the standards laid down by the International Labour Conference might be further examined. 1 See Chapter II, pp. 23 et seq. 312 LABOUR PROBLEMS IN GREECE In putting forward this Report the International Labour Office is aware of the fact that certain subjects have hardly been mentioned and that others have only been treated in a broad general way. A thorough examination of the whole field would have necessitated more time than the Mission had at its disposal and would have unduly delayed the preparation of the Report. The Office remains, however, at the disposal of the Greek Government, and of the employers' and workers' organisations, for further consultations. The Office recognises that the more far-reaching developments in the sphere of labour and social legislation will only be possible when the present emergency has passed, but it nevertheless feels that much could be done even now to prepare the way for those developments, and that a number of immediate or transitional measures could be taken. In the long run, however, the progress of social change in Greece will be bound up with the development of its economic activity. The Office hopes that the Report will contribute towards the solution of the labour problems of Greece by making the extent and nature of the problems better understood both in Greece and in the world outside, and by focusing attention on the measures which might be taken to deal with them. The Office, however, has no power to carry out the recommendations ; it can only examine, explain and recommend. It is evident that any action which may be taken to follow up the Report is a matter for consideration in Greece itself. But it should not be overlooked that the responsibility for the development and application of Greek labour legislation does not rest with the Greek Government alone ; a share of that responsibility also falls upon the organisations of employers and workers. CHAPTER IX SUMMARY OF RECOMMENDATIONS CONTAINED IN THE REPORT A. Employment and Employment Organisation In order to give workers greater opportunities of employment and provide the economic system with manpower sufficient for its present and future needs, the following measures are suggested : Employment Planning. (1) Arrangements should be made for the establishment of methods of tripartite co-operation so as to give employers and workers a share in the development of long-range employment plans (p. 53). (2) The Ministry of Labour should be fully associated with employment planning and the development of economic programmes (p. 53). Planned Emigration. (3) Consideration should be given to the desirability of drawing up an emigration programme, prepared jointly by the Ministry of Labour and the Ministry of Foreign Affairs in consultation with employers and workers, with special reference to: (a) (b) (c) (d) (e) the best means of facilitating the entrance of Greek nationals into manpower shortage countries ; the determination of the population desirous of emigrating and available for emigration without prejudice to the needs of the Greek economy ; the general principles which should govern emigrant selection ; the introduction of an emigrant training programme ; the possibility of State assistance to emigrants (p. 61). 21 314 LABOUR PROBLEMS IN GREECE (4) Advantage should be taken of the present international discussions on manpower and emigration to make known the desires of Greece on this matter (p. 60). Organisation of Employment. (5) An employment office shouîd be opened as soon as possible in every district in which a local branch of the Unemployment Fund is already operating (p. 65). (6) When Act No. 118 is extended to new areas, an employment office should be opened simultaneously with or in advance of the local branch of the Unemployment Fund (p. 65). (7) Efforts should be made to do away with the defects of the present system of compulsory public employment offices, special attention being paid to strengthening the positive functions of the employment offices—that is to say, the development of opportunities for employment, the use of employment counselling for unemployed workers and better methods of selection and placement—as well as to raising the professional level of the staff of employment offices (p. 65). Compensation for Termination of Contract. (8) Consideration should be given to the desirability of repealing section 9, paragraphs 6 and 7, of Act No. 118 of 1945, which compel the employer to pay a fixed sum to the Unemployment Fund in respect of each wage earner who is dismissed (p. 70). (9) Subject to the daily rates of unemployment benefit being readjusted on the basis of the wages actually paid, consideration should be given to the possibility of revising the statutory period of notice for termination of contracts of employment and the amount of the compensation payable by the employer to the dismissed person ; the employer's obligation might possibily be restricted to the payment over a certain period of a sum which would bring the daily unemployment benefit up to the level of the wage or salary paid at the time of dismissal (p. 70). Vocational Training. (10) Vocational training should be encouraged by revising the curriculum of the higher classes of elementary schools and secondary schools, with a view to the incorporation of elements SUMMARY OF RECOMMENDATIONS 315 of instruction and practical work designed to give children a respect for and taste for manual work (p. 74). (11) Act No. 5197 should be amended so as to make the Minister of Labour responsible for all questions concerning vocational training (p. 77). (12) Efforts should be made to reopen and re-equip, as rapidly as possible, the existing trade schools and to open new schools or training centres where needed (p. 78). (13) Comprehensive legislation for the regulation of apprenticeship should be passed (p. 78). (14) Under the auspices of the Ministry of Labour, a tripartite apprenticeship council should be set up to determine the trades in which a system of apprenticeship is necessary, to advise the Ministry on general and specific apprenticeship standards and to assist the Ministry in eliciting the co-operation of employers and workers for the development of experimental apprenticeship programmes (p. 78). (15) Local tripartite apprenticeship committees should be set up to supervise the progress of apprentices and conduct tests (p. 79). (16) As soon as budgetary considerations permit, State support for trade continuation schools should be increased (p. 79). (17) A vocational retraining programme for adults should be formulated and implemented so as to facilitate the full rehabilitation of the unemployed and underemployed in nationally useful employment (p. 79). B. Conditions of Employment—The Regulations and their Enforcement In order to make protective labour legislation more effective, the following measures are suggested : General Structure of Labour Legislation. (18) Labour legislation should be consolidated either as a whole, or in each of its main branches (pp. 87, 110 and 129). (19) The system of introducing amending or supplementary Acts containing amendments to a variety of other Acts or Decrees should be abandoned (p. 89). 316 LABOUR PROBLEMS IN GREECE (20) The existing legislation should be revised with a view to simplifying its provisions and making it more easily intelligible and enforceable (pp.89 and 115), or adapting it to changed circumstances (p. 138). Organisation of the Inspection System for Enforcing Legislation. Labour . (21) The central authority in the labour inspectorate should be restored (p. 93). (22) The higher staff of the inspectorate should be strengthened so that a fully qualified inspector can be placed in charge of each office and so that capable supervisors may have opportunities of promotion (p. 97). (23) Women should have equal access with men to all posts in the inspectorate (p. 97). (24) The professional qualifications of the inspection staff should be improved by a proper system of selection and by the organisation of vocational training and refresher courses (p. 97). (25) An inspection handbook should be prepared for the use of inspectors (p. 106). (26) Pamphlets should be prepared summarising the labour regulations for the benefit of employers and workers (pp. 106 and 111). (27) The inspection service should as far as possible be relieved of additional duties, foreign to the normal duties of inspection, which inspectors are at present required to undertake (p. 106). (28) The staff of the inspection service should be increased in number (p. 107). (29) Inspection areas might be rearranged and travel allowances readjusted so as to facilitate visits to undertakings (p. 108). (30) The Labour Inspection Council should be revived (p. 108). (31) Joint bodies should be set up in undertakings to assist in the enforcement of labour legislation (p. 109). SUMMARY OF RECOMMENDATIONS 317 Special Problems of Employment in Industry and Commerce. (32) On two points of detail the legislation on hours of work in industry should be brought into harmony with Convention No. 1, 1919 (p. 110). (33) Only the labour inspectors should have power to give permits for overtime (p. 111). (34) The practice of giving persons employed in factories and workshops additional work to do at home should be prohibited (p. 111). (35) Overtime rates of pay should be uniformly fixed at a reasonable level (p. 112). (36) The effects of suppressing the rest period when work is organised in three shifts should be studied, and, if necessary, the system of a compulsory break of at least half an hour during the working day should be restored (p. 113). (37) As far as possible, the standard hours of work in commercial establishments should be made uniform (p. 115). (38) As far as possible, the right of workers in different occupational groups to a weekly rest of 24 consecutive hours should be made uniform (p. 116). (39) On certain points of detail, the legislation on holidays with pay should be amended so as to permit of ratification of the 1936 Convention (p. 119), and the legislation should be extended to cover domestic servants and home workers (p. 119). (40) A progressive programme of action to improve industrial safety and hygiene in small workshops should be drawn up and gradually applied (p. 121). (41) An effective system of registering industrial accidents and a similar system for occupational diseases should be established or re-established so as to ensure that exact data on these questions are collected, centralised, collated and published (p. 121). (42) The system of compulsory periodical medical examination for workers should be extended to all occupations where it is found necessary (p. 124). (43) Representatives of the workers in undertakings should be associated in the task of organising and applying measures for industrial hygiene and safety (pp. 109 and 124). 318 LABOUR PROBLEMS IN GREECE (44) A programme for the progressive regulation of home work should be drawn up and applied in stages (p. 126). (45) The statutory minimum age for admission to employment should be standardised on the basis of 14 years (p. 131). (46) An interdepartmental co-ordination committee should be set up for the protection of children and young workers, with the special task of co-ordinating measures concerning elementary education, public assistance and admission to employment (p. 134). (47) The system for admitting children and young persons to employment and for examining their fitness for employment should be tightened up and gradually extended to all young persons under 18 years of age (p. 136). (48) Special arrangements should be made for the vocational guidance and placing of children and young persons (p. 137). (49) So far as possible, day vocational courses for young persons should be organised and the working day of children and young persons attending such courses should be reduced below the normal figure (p. 138). (50) It should be made compulsory for all social insurance funds to grant maternity benefits in accordance with the provisions of Convention No. 3, 1919, ratified by Greece (p. 139). (51) Social institutions for looking after the children of working women should be developed (p. 139). (52) Women workers should be provided with opportunities for extending their general and vocational education and receiving training for housework (p. 140). Problems concerning Dockers, Railwaymen and Seamen. (53) The preparation of regulations for giving effect to the Convention of 1929 concerning the marking of weight on packages transported by vessels, ratified by Greece, should be completed as quickly as possible (p. 141). (54) The list of dockers registered at ports should be revised as soon as possible so as to increase the number of dockers possessing work books, and consideration should be given to the measures to stabilise dock labour which might be taken once harbour reconstruction has been completed (p. 145). SUMMARY OF RECOMMENDATIONS 319 (55) As soon as the situation has become normal, an attempt should be made to overcome the difficulties which have prevented the application of the eight-hour day to railways in accordance with the Hours of Work (Industry) Convention 1919, ratified by Greece (p. 147). (56) Steps should be taken to ensure that in the case of the medical examination for fitness for employment at sea, the interval between successive examinations should not exceed one year in the case of persons under 18 years of age covered by the 1921 Convention, which Greece has ratified (p. 149). (57) Vocational training facilities for seamen of all grades and categories should be extended as much as possible (p. 151). (58) Efforts should be made to bring the legislation protecting seamen into harmony with the Conventions adopted by the International Labour Conference, more particularly by ratifying as soon as possible the Officers' Competency Certificates Convention, 1936, and the Shipowners' Liability (Sick and Injured Seamen) Convention, 1936, and considering whether „steps could be taken to secure the enforcement of the Conventions adopted at Seattle, in the texts of which Greece is mentioned as one of the important maritime countries whose ratification will help to bring the Conventions into force (p. 151). C. Social Insurance Urgent Measures. In order to meet immediate problems the following steps should be taken : (59) A new common scale of daily benefits for sickness and unemployment insurance should be drawn up to apply to all funds, and those benefits should be based on the wages actually paid (p. 198). (60) The same qualifying period should be laid down for pension insurance in all the main funds and the possibility of " contracting in " should be abolished (p. 201). (61) A maximum total for all pensions should be fixed as a percentage of final earnings, particularly in the case of accumulated pensions (p. 202). (62) It should be laid down that an insured person should not be insured against the same risk with more than one main 320 LABOUR PROBLEMS IN GREECE fund ; in the case of subsidiary insurance restricted to pensions, it should be laid down that no person may be a member of more than one subsidiary fund (p. 198). (63) The building of dispensaries should be undertaken (p. 199). (64) The reduction of the employer's share of contributions in respect of workers in the public services should be abolished (p. 205). (65) The I. K. A. should be granted compensation for the cost of free medical assistance to Government officials, either through contributions or in the form of a lump-sum grant (p. 205). (66) The autonomy of social insurance institutions should be re-established (p. 206). (67) Social insurance should be made the responsibility of a single ministry (p. 205). (68) Close co-operation should be established between all social insurance funds to eliminate overlapping and to simplify their internal administration so as to reduce administrative costs (p. 197). (69) The same medical boards should be responsible for certifying invalidity for all funds (p. 202). (70) For the settlement of disputes arising out of social insurance, the administrative courts for which provision was made in Act No. 6298 of 1934 should be put into operation; these courts should be made responsible for the settlement of all disputes arising out of the working of social insurance in general (p. 283). Transitional Measures. The following steps should be taken to pave the way for the introduction of an effective social security system : (71) There should be complete concentration of sickness insurance institutions on the one hand, and unemployment insurance institutions on the other ; at the same time, the territorial decentralisation of sickness insurance should be considered (pp. 198 and 200). (72) The conditions for granting and fixing the amount of pensions in the main funds should be revised (p. 201). SUMMARY OF RECOMMENDATIONS 321 (73) Subsidiary funds should be transformed into supplementary pension insurance institutions (p. 198). (74) The tuberculosis risk should be shared by the social insurance funds and the public health services (p. 201). (75) The system of social taxes and the methods of their collection and distribution should be revised (p. 204). (76) Contributions in all branches of social insurance and all funds should be revised and reallocated (p. 205). (77) There should be complete unification of social insurance administrative services (pp. 197, 204 and 205). D. The Trade Union Situation (78) As soon as conditions permit, there should be a return to the principle of non-discrimination in union matters, i.e., to the principle that all workers, without distinction whatsoever, should enjoy freedom of association (p. 264). (79) The political independence of the trade union movement should be respected (p. 265). (80) Every worker paying the compulsory trade union contribution should have the right to participate in trade union elections. Unless all workers can be given the opportunity to vote in trade union elections, at a suitable time and subject to the fullest guarantees, the compulsory contribution should be abolished (p. 267). (81) The legislation relating to trade unions should be codified (p. 268). (82) A return to normal conditions and the complete restoration of constitutional guarantees should automatically involve the repeal of all texts which imply any discrimination in regard to occupational organisations (p. 270). (83) With a view to ensuring the autonomy of occupational organisations, which is a necessary complement to the freedom of association of individuals, the trade unions themselves should in normal times maintain order at their meetings and discuss trade union questions in complete freedom (p. 271). (84) The executive committee of an occupational organisation should not be suspended, even provisionally, by administrative authority (p. 272). 322 LABOUR PROBLEMS IN GREECE (85) Trade unions should be excluded from the scope of Article 69 of the Civil Code (p. 274). (86) Trade unions should be free to decide whether or not to acquire legal personality. Failing this, a provision should be inserted in the legislation stipulating that trade unions shall be recognised automatically if they fulfil the conditions for registration (p. 276). E. Organisation of Administrative Services Administrative Machinery. The following measures are suggested with a view to increasing the efficiency of the administrative authorities competent in labour matters, by rationalisation of their working methods : (87) Responsibilities at present shared by several departments, more particularly as regards vocational training, the supervision of social insurance funds and the compilation of labour, population and cost-of-living statistics, should be centralised in the ministerial department most closely concerned (p. 280). (88) Labour courts should be set up for the settlement of all disputes arising out of contracts of employment and possibly also of disputes concerning social insurance (p. 283). (89) If it proves impossible to avoid a certain sharing of responsibility, some system of co-ordination should be organised, either by means of a committee (more particularly as regards the protection of children and young persons, vocational guidance and the organisation of public health services) or by more elastic administrative machinery as, for instance, in the case of preventive medicine (p. 284). (90) Improved accommodation and appropriate equipment should be provided for all services and particularly for outside services, such as employment offices, labour inspection offices and the branches of social insurance funds, without prejudice to any increases in staff found indispensable (p. 286). Administrative Staff. The following measures, among others, might be taken to ensure efficiency of the staff : SUMMARY OF RECOMMENDATIONS 323 (91) Methods of recruitment and promotion should be established whereby staff would be selected on the basis of merit ; in particular, the system of an entrance examination and a period of probation before confirmation of appointment should be reintroduced (p. 287). (92) Vocational training and practical training courses should be organised for newly recruited staff and refresher courses for older staff (p. 288). (93) The maintenance of an experienced staff should be guaranteed by providing security of tenure based on merit (p. 288). (94) In so far as financially possible, civil servants should be guaranteed a salary appropriate to the qualifications required and the responsibilities undertaken in the service, it being understood that in return they should devote their full time to the duties of their office (p. 291). APPENDICES APPENDIX I OBSERVATIONS OF THE GREEK GOVERNMENT ON THE REPORT OF THE INTERNATIONAL LABOUR OFFICE MISSION General Observations I Any intellectual effort, whether it be simple or highly scientific, implies the adoption of some fundamental notions both as to method and as to the nature of things. The Report of the International Labour Office Mission evidences an unquestionably sound notion as to how the worth of legislative measures should be estimated, but if the estimate is to be realistic it is essential that consideration be given to the conditions under which, as well as to the way in which, the legislation is applied. It must be acknowledged that the members of the Mission took trouble to collect information of all kinds, and particularly statistics, about the various phases and aspects of our national life ; they did so with all the objectivity that could be desired and with a fine sense of their duty as international officials. The Report of the Mission stresses three social factors of primary importance—economic, industrial and political—in relation to certain other factors in the national life of our people—housing, health and education. A thorough understanding of all these factors is of course necessary for the study of the legislative provisions. When appreciating the situation in Greece, however, consideration must be given not only to the economic, industrial and political but also to the cultural factors. The cultural factor is the Greek tradition, whose powerful psychological influence is the key to the character of the Greek people. Apart from questions of method, the ideas underlying some of the general terms used in the Report need careful examination. Some of these terms do not make for objective judgment by third parties and they should be clarified at the outset if misunderstandings are to be avoided. 1 The following terms may serve as examples : " civil war ", "political insecurity", " r i g h t " , " l e f t " , " r e v o l u t i o n " . Others of the same kind are to be found here and there. The explanations which follow seem indispensable because the drama which has been unfolding in Greece for so long, and which entails enormous sacrifices both in human lives and in material, is due very largely to the ability 1 Certain passages of the chapters in question have been modified in the light of these observations (I.L.O. note). 328 LABOUR PROBLEMS IN GREECE with which the enemies of Greece describe events. The vehement, sustained and systematic anti-Hellenic propaganda, which is skilfully carried on by Communist circles on behalf of a so-called democratic ideal and progress, has so confused the minds of people abroad that it has only recently become possible for Greece to correct wrong impressions, thanks to the visits she has received from foreign personalities and committees, and to the proud spirit of her people, who fight for national independence, liberty and democracy. The nature of the " civil war ", in the sense in which the Report apparently uses this term, has been clearly defined by various commissions of the United Nations and in particular by the Balkans Committee now operating in Greece. These commissions have taken all the relevant facts into consideration, and have not been content with superficial information. All aspects of the problem have been clarified in a manner that leaves no room for any doubt whatever. Thanks to the work of these commissions, the world knows exactly what is going on in Greece today. Since the International Labour Office has not undertaken a special enquiry to ascertain all the facts and so to form its own opinion, it would, in our view, be well advised to rely on the conclusions arrived at by the United Nations. If the references to the " civil war " or to any similar conception are maintained in the final Report as they appear in the text submitted to us, there would be no complete agreement between the findings of the United Nations commissions and those of the International Labour Office as to the present situation in Greece. This would undoubtedly make for even worse confusion in other countries about events in Greece—the existing confusion having already induced the Assembly and other organs of the United Nations to take an intense interest in the question as being closely linked with the general problem of world security. In Greece it is thought that the International Labour Office is on the threshold of great achievements, both in the study of social conditions throughout the world, and in its positive efforts to improve those conditions. If the Office began to deal with political questions, not only would it add to its responsibilities, but duplication would ensue in international affairs. For the Greek people, the battle they are waging is not merely a fight for existence ; it is, as it was eight years ago, an advance-guard action in the battle of all free men. The Greek people know that the battle they are proud to be waging now is identical with those they fought in 1940 and 1941 to repel the attack of two powerful totalitarian States—except that fascism has now been replaced by the totalitarianism of today. The dramatic events of the past eight years, rather than the mere passage of time, have, for some people, blurred the memory of that struggle, but the Greek people have not forgotten. They remember the immense effort and the sacrifices they made—sacrifices which still continue today. They remember, too, what was said and written then of the small but proud and immortal Greek nation. Statesmen of international repute, the Press of all countries, men of science and ordinary citizens of free countries paid tribute to the sacrifices made by the little country of Greece and to the results which the spiritual strength of her people enabled her to achieve. These tributes showed the true sense of the national effort, which, as was realised on all sides, was directed to ends of international, and not merely of national, significance. So again today we Greeks, who have APPENDICES 329 known bitterness and disillusionment both in the recent and in the more distant past, believe the world has begun to understand that Greece, her shores bathed by the limpid Aegean, eternal guardian of her traditions at the crossroads of the continents, tortured as Prometheus the fire-bearer was tortured, is again making a supreme effort in a struggle whose outcome will decide not only whether Greece shall still be Greece, but also whether men shall still be free. Neither the findings of the United Nations commissions, nor the sentiments of the Greek people, warrant the use of the term " civil war " to describe the noble and immense effort whose objectives lie well beyond the geographical boundaries of the country, being the first-phase objectives of a general action to overcome totalitarianism and preserve democracy. We trust that the International Labour Office and its shrewd directorate will recognise these facts, admitted by all Greeks but a handful who, forgetful of their noble history, have become the instruments of policies foreign to Greek and to humanitarian ideals. From the information obtained by the United Nations, it is clear that the bloody battle now being waged on the ancient soil of Greece—that same Greece which, from time immemorial, has fought for civilisation—is not a " civil war ". It is truly a frontier war in which, once again, Greece offers up the flower of her youth and the vitality of her race. It is a war of Greeks defending themselves against the mercenaries of an expansionist totalitarianism openly supported by Greece's northern neighbours. Within her frontiers there are no Greeks of the left, right or centre so long as the war lasts. There are only Greeks, enduring a perfidious totalitarian aggression on their national territory, which is defended by too few troops. It would have been permissible to use the term " civil war " only if the war were being waged exclusively between Greeks, and for no other purpose than the conquest of power in Greece by one side or the other. Although this question does not, in our opinion, come within the scope of either the International Labour Office 1 or the Ministry of Labour, both of which have self-evident terms of reference to promote SQcial progress on the national and international levels, we shall try to set out briefly the various aspects of the present extremely troubled situation, so as to eliminate misunderstandings which would defeat our common purpose. II The Greeks are, by tradition, profoundly democratic. Their long political history offers many examples of popular institutions of a purely democratic character—for example, the institution of the communes, the joint ownership of ships, etc.— which were not imposed from above, but sprang from the genius of the people themselves and developed on a sound basis until the re-establishment of the Greek State in 1832. The newly formed 1 The reasons why the Mission thought it necessary to outline the political situation in Greece are explained in the introduction to Chapter II of the Report; see above, p. 18 (I.L.O. note). 22 330 LABOUR PROBLEMS ÏN GREECE State immediately incorporated and gave sanction to these practices both in the new Greek Constitution and in the general legislation. The outstanding features of the Greek character are a belief in the supremacy of moral values, an ability to face danger with courage, a liberal attitude of mind and a taste for discussion. The harshness of the soil, the diversity of climatic conditions, the hard seafaring life with its sudden dangers out of reach of help, the small returns from work both on land and sea, the monotonous hours of waiting, conducive to meditation, under clear skies—all these have, with the influence of the Hellenic tradition, had a share in shaping the Greek character. It is they that have made the Greek people sober, alert, observant and resourceful, t h a t have inclined them to think about and discuss any and every subject, to take daring decisions and shoulder responsibilities without seeking the protection of the great. Greeks are capable of great enthusiasm and consequently they take risks without much thought of the possibility of failure. Their ancient tradition and the conditions of the present time make the Greek people more conscious than others of the new significance for world affairs that attaches more and more to everyday relationships, whether individual or collective, national or international, and to the lives of free men in general. The Greek tradition contributes in a very special manner to this awareness. The sense of the interdependence of men today is particularly alive in the Greek people for other reasons as well, of a still more practical nature. Placed as they are where three continents meet, they have always found it easy to keep in touch with different continents and peoples. The whole country is open to, and develops towards, the sea. The proportion of emigrating Greeks is one in seven, and the humblest peasant is linked in thought with some distant country to which a relative or friend has emigrated. The man who devotes himself to the production of tobacco or dried currants —• two products which, before the war, represented more than half of Greek exports—cannot, in his anxiety to dispose of his crop, ignore the state of the world market. Before the war, the trade balance of Greece depended very largely on remittances from emigrants, on the earnings of merchant ships, and on tourists from abroad. The friendliness of the Greek people to foreigners—a generous feature and the mark of a very ancient tradition—makes relations with foreigners and foreign countries easy and at the same time makes things pleasant for the foreigner himself. These characteristics of the Greek people throw light on the recent history of our country, on the courage and moral force displayed, on the spirit of sacrifice, often unreasoning, and on the sincere will to co-operate with peoples and organisations who are inspired, by civilised principles. Yet it is because Greece is so attached to the ideals of real democracy that the hatred her enemies bear her persists and grows. For years now Greece has been exposed to every artifice of totalitarian propaganda and tactics. Every means, every device, every system has been tried against her. From the first days of the triple occupation, when her enemies from the north invaded the country as allies of the Germans and set themselves to destroy her population and dissipate her riches, APPENDICES 331 Greece also became the target of an anti-Hellenic propaganda, open or disguised and carried on under various pretexts. This propaganda assumed worldwide proportions when, after the end of hostilities, those who had collaborated with the Germans hastened to become the instruments of another expansionist policy. The recent experiences of Greece may be summarised as follows. After the victorious Albanian campaign, when Hitler's armies invaded the country, followed by their collaborators who had already been defeated, they proceeded to plunder the national resources systematically and took the most drastic measures to break the morale of the Greek people and inflict such misery as would dissuade that people from putting obstacles in the way of their military plans. In spite of this, the national resistance movement was organised, and every Greek played his part, in his own way and according to his opportunities. It is a fact—and it is here that the present drama begins—that the Communist Party sought to monopolise the national resistance under the banner of the E.A.M., but it is not true to say that the E.A.M. was formed by a " broad coalition representing many political groups ". All the organisations which Communist propaganda has put forward as composing the E.A.M., and which are cited in the International Labour Office Report, are completely non-existent as political parties. They do not even exist as branches of the Greek Communist Party. But the arguments used by the Communist Party proved a great danger and a snare to the Greek people, who, during the occupation, had witnessed with such relief the organisation- of a resistance movement for the establishment of liberty and democracy. The Gravielides Agrarian Party, the Republican Party, the Union of Popular Democracy and the Socialist Party, all mentioned as founders of the E.A.M., have never, in spite of their impressive titles, had any members, and the names were used merely to camouflage the Communist organisation of the E.A.M., which, from the beginning, carefully concealed its real leaders and plans. It must be understood—and this is of capital importance— that the Communist Party, under the title of E.A.M., did not play an important part in the national resistance movement. It was by chance only, and in order to cover up some of its real aims, thai it took part in certain actions, particularly when those actions served its demagogic aim of deceiving simple Greek patriots. Whenever any other organisation acquired some power as the result of real patriotic action, the E.A.M. sought by every means either to prevent its development or to suppress it altogether. Thus, it fought in the Greek mountains against the National Democratic Liberation League (E.D.E.S.), which really did resist the enemy, and against the " National and Social Liberation " organisation, whose military commander, Colonel Psarros, it killed and which it later dissolved. The defamatory manoeuvres of the E.A.M. against each and all were aimed at concealing from the world at large the truly national effort of many other resistance organisations which fought actively against the invader and did their duty as patriots without concerning themselves with politics. These organisations were dissolved immediately after the liberation of Greece. 332 LABOUR PROBLEMS IN GREECE The organisations recognised by cur Middle East allies are as follows : (Í) The National Democratic Liberation League (E.D.E.S.). (2) Greek Rebel National Groups. (3) Midas. (4) Roumelia, Avion, Islands (R.A.N.). (5) Apollo. (6) National Action. (7) Prometheus. (8) National Committee. (9) National Brigade. (10) Panhellenic Young Combatants' Union. (11) National and Social Liberation. (12) Homer. (13) Popular Liberation Union. (14) Followers of the Cephaliniotes. (15) Zanna-Countouriotis. (16) Union of Free Greeks. (17) National Liberation League. (18) Cretan National Organisation. Well-informed people knew what was happening when repeated rebellions broke out in the Greek army in Egypt. Others understood the situation after the liberation, and the horrible events of December 1944 sounded the alarm for the entire Greek people. From that time, the E.A.M. consisted only of the Communist Party and some few sympathisers. All members who were not instruments of the Greek Communist Party or whose activities did not include criminal ones punishable by law, ceased to support an organisation which had now become completely Communist. The treaty of Varkiza was signed after the defeat of the Communist armies in December 1944, and it was hoped there would be a return to normal, seeing that only a few of those who had committed all kinds of crimes were punished, while others were allowed to return to their families and occupations. But the Communists very soon began to violate the agreement. A great part of the arms, which had been monopolised by the Communists during the occupation, were not surrendered, and this gave rise to the belief among the Greek people that the Communists had neither renounced their plans nor ceased their armed collaboration with Greece's northern neighbours. It was thus that the dramatic situation which still exists today —when the aid being given by the northern neighbours is manifest to all—was arrived at. Cruelties such as are being perpetrated today in Greece have never been witnessed in any other political disturbance in the country. Not only the number of the crimes, but their nature is evidence of their origin. Nothing in these practices has any connection whatsoever with Greek problems or political changes. No Greek, for instance, could have conceived the horrible crime of kidnapping children. The Greek tradition implies the pursuit of social progress and especially the protection of the family in general and of mothers and children in particular. This kidnapping of children clearly shows the absolute contempt which materialist totalitarianism has for the notion of a free man, and is a terrible indication of the level to which the adherents of such a system may descend. Before the occupation, crime statistics APPENDICES 333 in Greece included certain acts committed, for the most part, against honour or property, but horrible crimes of the kind now being committed were never perpetrated in that period. The Communists have left no section of the national life untouched. For them political life, social life, trade unionism and education have all been fields for intense and cunning propaganda and for the violent application of their ideas. In the political field their whole aim was to seize power by force. To this end they opened a campaign to blacken the name of all other political parties, hindered political liberty, and adopted every possible means of suppressing anyone who opposed them. When the Germans were leaving the country, instead of fighting the occupying forces, the Communists went straight to Athens with the intention of seizing power. In the field of education, they have sought particularly to train young men and women in their tactics, sometimes by cunning propaganda, sometimes by force. In the trade unions, they have sought to impose themselves by force, and have not hesitated to suppress pre-war leaders, however senior or representative, and to slander the trade unionists who survived. Trade unionism and politics being for them one and the same thing, they deliberately slandered any workers who opposed them. By such means they put obstacles in the way of any constructive effort. They sabotaged the reconstruction plans so as to prevent the improvement of workers' conditions by a progressive social policy such as all Governments attempted to pursue in spite of enormous difficulties. It is, in fact, impossible for a foreigner to understand just how diabolic were the plans of the Greek Communist Party or how much harm it did to the country. Progress and order being the principal enemies of communism, they sought by all means to obstruct progress and order. They refused to take part in the 1946 elections lest their real strength should be revealed : they would not participate in any election where they were obliged to submit to democratic methods in common with the rest of the population. Nevertheless, the general election of 1946, which was held in the presence of thousands of foreign observers, demonstrated the weakness of the Communists. They then concentrated on spreading confusion, not only about recent events, but also about the past, maintaining that there never had been any progress in Greece. The truth is that from the time when the Greek State was restored a collective, clear and profound democratic conscience has been manifest in the Greek people. It was, in fact, this democratic conscience which was responsible for the constitutions drawn up after the liberation, guaranteeing the individual and collective rights of all citizens. In Greece, the protection of workers is no new conception : it has a long history as the offspring of the progressive and humanitarian culture of our ancient Greco-Christian civilisation ; people were conscious of the need for it long before the days of labour legislation. There exists, by tradition, a spiritual bond between employers and workers, particularly in the small workshops and establishments, and there is often an echo of this spiritual bond in Greek folklore. If it should be asked why we have given these explanations, we would reply that we have done so in order that the present 334 LA30UR PROBLEMS IN GREECE situation in Greece may be better understood for the purposes of the enquiry instituted by the International Labour Office. Thorough comprehension of the situation will facilitate and strengthen good relations between the Greek Government and the International Labour Office, and this will in turn contribute to the improvement of the social conditions of Greek workers, at present prejudiced by the general situation. Ill In the introduction to the Report, apart from references to certain geographical and industrial peculiarities of each province, the difference between Attica and Macedonia has been emphasised. The Report refers to this difference as something permanent, inherent in the geographical and physical barriers, which even modern means of communication could not overcome. The truth is that the life of the people in these provinces is as homogeneous as the geographical features are diverse, and it is very important that this should be understood. The peoples of the islands, of Epirus, of Thrace, of the Péloponnèse, of Attica and of Macedonia form a perfect unity, with the same ways of thinking, language, religion and customs, the same morals, the same folk songs, the same ideas and emotions, the same ideals, the same traits of character. These .facts are well known by the folklore specialists, and they should form the basis of any commentary on Greek history. A proof of this deep unity, both in the widespread territories and in the common Hellenic spirit of the people, is to be found in the collective achievements of the Greeks in various periods of history. The Macedonians, for example, when they carried the wars with the Medes into Asia, carried over into Mesopotamia and as far as India and all the shores of the eastern Mediterranean, with their armies, some of the spiritual and moral content of the Greek tradition. The Christian religion was closely linked with the Greek tradition, whose civilising influence was continued by the Byzantine civilisation. During the Turkish domination the Greeks continued their civilising influence, and extended it to other countries. After the fall of Byzantium, many of the cultured Greeks fled towards the west and took with them their common spiritual heritage. The Greeks have always had a sense of continuity : it was so lively at the time of the revolution of 1821 that it found expression in one of the fundamental principles oí the law setting up the Constitution of the reorganised State. This same sense of continuity is noticeable in many features of everyday social life, in the language, morals, customs, beliefs and ideals which have survived and have been passed down through the centuries from generation to generation, alike in Attica, Macedonia, Laconia, Epirus, Thessalonica, the Archipelago and many other Greek provinces. Greece has never been a stranger to the forces which at all times have made for civilisation. In the fields of science, art, politics, economics and sociology she has always made immense efforts, and she has important achievements to her credit in which Greeks from all provinces, from the Islands, the Péloponnèse and Attica, from Epirus, Thrace and Macedonia, have played their part. History teaches that Greece has at all times been closely associated with APPENDICES 335 civilising influences and has never failed to play her part in general international events of historic significance, or ceased to be conscious of her duty as a member of international society and as a supporter of any generous humanitarian effort. The democratic tradition is securely anchored in the spirit of the Greek people, and whenever it is in danger they do not limit themselves to uniting with other free peoples, but, thinking and acting independently, they display a spiritual force which enables them to repel the attack. All Greeks to day detest the course which their northern neighbours are pursuing and, while relying on their own efforts, they also place their hopes in the international organisations and in the free peoples of the world. In another part of the Report, before stating that after the Balkan wars and the first World War Greece was extended by the annexation of Epirus, Macedonia, western Thrace and the Aegean Islands, it is stated that Greece is " one of the younger members of the family of nations ". 1 Greece, however, is not a young nation which, for lack of cultural and political maturity, should be placed under the guardianship of other great nations. She is, unfortunately, a small and poor country which, nevertheless, inspired by sentiments of friendship and respect towards others and by a sense of her own dignity, has at all times made sacrifices for the ideals of human dignity and liberty which cannot be translated into statistics, but which she conceived, cultivated and preserved throughout the thousands of years of her history. She has always shown signs of admirable vitality, of a will to adapt herself to changes and of a capacity to survive in difficult conditions both in the past and present. These are facts we live with and observe every day and about which each of us has formed an opinion and taken a stand. As to the territorial aggrandisement of Greece, the reader would be able to form a more accurate notion of this if he could consider the facts in relation to the general cultural history and territorial extension of Greek civilisation and to the national sentiments of the peoples whom the aggrandisement placed within the Greek State. The victorious end to the Balkan wars and to the first World War led to the enlargement of Greek territory by the annexation of Epirus, Macedonia, Thrace and the Aegean Islands, but it must be assumed that the decision was made after the Hellenic character of the territories and populations in question had been ascertained. It is well known, moreover, that there are still other territories and other populations, equally Greek, which in most cases do not live under a régime of political independence, but which, nevertheless, remain Greek in thought and are closely bound to their mother country. As to the statement in the Report that a forced exchange of populations with Bulgaria took place which uprooted most of the Slav-speaking peasants of Macedonia 1, it would be well to note the following : (1) this question of a Slav-speaking minority should not be considered without reference to the proportion of the numbers concerned to the rest of the compact Greek population in the northern provinces, and it should be borne in mind that the 1 This part of the Report has since been modified (I.L.O. note). 336 LABOUR PROBLEMS IN GREECE population usually reckoned as speaking a Slav language includes the Jews of Salónica ; (2) the agreement signed at Neuilly concerning the exchange of the Greco-Bulgarian population provided that any exchange should be optional and not, as the Report of the Mission implies, compulsory ; it was precisely on account of this option that those inhabitants who spoke a Slav language or were of Bulgarian or Slav outlook and who wished to emigrate left and established themselves in Bulgaria, thus breaking away from the other Slav-speaking elements who remained in Greece because, with the exception of a few who remained under the orders of the Macedonian Committee, they felt themselves to be Greeks. Recently, some fanatical elements of the Greek Communist Party and those who were guilty of crimes of every kind in December 1946 have sought refuge in neighbouring countries and have joined the emigrants. If, during the occupation and since the liberation, the emergence of a Slav national consciousness has led in the northern provinces to the events referred to by the Mission, the cause is to be found in the intense propaganda which was carried on, during the occupation, by Bulgaria and, since the liberation, by Bulgaria and Yugoslavia, especially the latter. The guerilla attack perpetrated by our northern neighbours was the outcome of that propaganda •—a fact established beyond question last year by the United Nations Commission, and on several occasions recently by the United Nations Balkans Committee. The N.O.F. organisation mentioned in the Mission's Report was called S.N.O.F. (Slav popular liberation front) during the occupation—it was the counterpart of the Communist E.A.M. which functioned in Greece. After the liberation the organisation adopted the title of N.O.F. Furthermore, the above-mentioned Slav-speaking minority (until the war a minority in language only) did not become conscious of being a national minority under the dictatorship of Metaxas but, we repeat, during the occupation and after the liberation, as a result of the intense propaganda to which it was subjected by our northern neighbours and of the terror imposed by them. The Report attempts to give a general description of contemporary Greek life. But any description that is confined to the information supplied directly or indirectly in the Report—to the analysis of unsatisfactory regulations (particularly the detailed examination of emergency regulations), and to the comment that the will of the Greek people has been sapped and her capacity for reconstruction destroyed as a result of assistance given by international organisations and by States with which Greece collaborated in a common cause, all of which has led to Greece's " desperate plight "—might mislead a reader who seeks to form a positive opinion without probing further, and might give him very gloomy ideas about the Greek problem. 1 From the data provided and the figures indicating the permanent poverty of the country—figures and facts to which should now be added the reckless sacrifices and terrible destruction of at least the last ten years, and the present conditions and the exceptional measures which they have necessitated—Greece would appear to be either in process of dissolution or at least to be irremediably on the downward grade. 1 This part of the Report has since been modified (I.L.O. note). APPENDICES 337 This is a false impression. Greece stands firm. The present attack against Greece was organised and reinforced by our northern neighbours ; it has reached a point of particular intensity ; it has become ruinous and seriously threatens national security, reinforcements of armed bands arriving from the neighbouring northern States while our frontiers are uncovered. In spite of this, the Greek people remain steadfast in their faith and in their determination to continue the struggle, and they are optimistic about their social and national future. The war which is being waged against Greece and the feeling that the present danger is serious have delayed the reparation of damage caused by the second World War and by the long enemy occupation (German, Italian and Bulgarian), but neither the will of the people nor their capacity for reconstruction has been sapped. Reconstruction, in spite of all the obstacles, is being carried out rapidly in relation to the difficulties which have to be confronted. There are examples of States which have fallen at the first blow, whereas Greece, sacked and bleeding, small but determined, returns again and again to the attack against those who seek to destroy this last bastion of resistance and liberty in the Balkans. If Greece should fall, it would not be she alone who would suffer the consequences, but all countries, just as her victorious participation in the second World War, in the judgment of all who contributed to t h a t victory, benefited the whole world. That is the reason for the sacrifices Greece has made and for her bitterness whenever the purpose of her gigantic effort is misunderstood. It is also the reason why she persists in trying to convince all who seek the truth whenever they misunderstand or merely ignore the realities of the situation. It is essential that everyone should realise the problem which confronts Greece at the moment : will she accept, or will she reject, the totalitarian system of her northern neighbours ? Such a problem cannot be qualified as purely " political ", nor can it create a situation of " political insecurity " or become the cause of " civil war ". A new form of external war presents itself here, with peculiar characteristics of its own, and when there is a state of open war there is no " left " or " right " in Greece : there are only Greeks —confronted by the issues of national existence and individual liberty—and Communists who, as political slaves and instruments for the realisation of projects purely political and expansionist, have forgotten the existence of social problems. Bearing in mind the common ends and struggles of the Greek people, of which we have endeavoured to give a brief outline, it is easy to see how false an impression may be created by the following assertion contained in the Report: "The leading parties (in Greece) have traditionally been allied to one or another of the major Powers." 1 The uninformed reader, linking this statement with certain other assertions in the Report, might be led to the conclusion that there is nothing exceptional in what is taking place today in Greece and that it is merely another case of antagonism between two great Powers. What is really happening today has been outlined in the foregoing pages. Furthermore, the influence which has been exercised 1 This part of the Report has since been modified (I.L.O. note). 338 LABOUR PROBLEMS IN GREECE in certain cases on some political parties in our country by one or two great Powers is incidental only and is not a characteristic of Greek political life alone. The political history of other countries, both large and small, offers similar examples. Certainly, there is no justification for the general statement which we have quoted from the Report. The Greeks have always fought for liberty, democracy and all those moral values which give a meaning to life. IV The Mission has shown understanding of the economic situation in Greece, which has often been the subject of study during the last few years. There is in fact a close connection now between the economic factor and the sustained effort which is necessary for carrying on war. There are, however, one or two comments we would like to make. As to the distribution of the national income, the data supplied by U.N.R.R.A. can only be accepted with reservations on two points which diminish their value : (a) The estimate of the Greek national income has been arrived at by the census method, whereas the question of distribution has been dealt with indirectly in a way that does not permit of much precision. fb) It often happens in Greece that a person's income may be derived from different branches of economic activity because the economic organisation lends itself to a system of small ownership and small enterprise. This is even more true of the income of a whole family. It is, therefore, difficult, except in one or two large urban districts, to define a family as purely agricultural or purely artisan. There is no doubt that the increases in salaries and wages which have been applied in Greece today are very far from bringing these salaries and wages up to their pre-war value. At the same time, bearing in mind that in 1947 the national income was only 65 per cent, of that for 1939, it must be admitted that the decrease in the value of salaries and wages has been much less than the general decrease in income. The lowest level of remuneration, even in the period preceding the war, left only a very small margin beyond subsistence level, and the workers therefore very strongly opposed any attempt to reduce their share of the national income in the same proportion as the share of other classes of the population was reduced. Similar reasons justify the narrowing of the differences in remuneration in favour of the lower categories. The decrease in the over-all resources makes a fairer distribution necessary. Finally, statistical data referring to the post-war period must be used cautiously. It has been impossible, on account of the long duration of the state of war, the mobilisation of certain officials, and other reasons, to centralise complete and exact information. Moreover, such information as is available must be treated APPENDICES 339 with some reserve, and should rather be considered as indicating trends. After the liberation, when Mr. Porphyrogenis was Minister of Labour in the Papandreou Government, he had Act No. 28 of 1944 promulgated. This Act provided for the establishment of rates of remuneration by joint decision of the Finance and Labour Ministers. Since October 1947, the system of collective agreements has been re-established by which workers may freely negotiate their terms of remuneration and conditions of work. The present policy of the Government as to salaries and wages was defined in a statement issued on 9 September 1948. Greece is at present making a supreme effort to bring to a successful conclusion the bitter struggle which has been forced upon her and in which her independence is at stake. The mobilisation of all her strength and resources for this war must be her chief concern. At the same time, she is unsparing in her efforts to promote reconstruction and rehabilitation. This process must be speeded up as much as possible, particularly in the case of the Greek people who have suffered so much, but the overwhelming war effort of a country that was always poor and was only recently freed from occupation by an inhuman enemy absorbs most of the nation's energy and, for the time being, takes precedence over all other questions. Trade Union Situation The Mission fully understood the fundamental reasons for the abnormal state of the trade union movement in Greece. The situation is typical of the general upheaval in the country. It has been brought about by the Greek Communist Party acting as agent of a foreign totalitarianism and exploiting the abnormal conditions created during the German and Italian occupation. This activity has developed into open war carried on by the leaders of the Greek Communist Party in league with foreign elements—a war which is being prosecuted in the most treacherous manner behind the lines in the social and economic life of the country, so that the Mission has reason to say in its Report : " attempts at reconstruction bear a certain resemblance to the web of Penelope, since one part of the population is continually unravelling the work which another part has patiently woven "•—and, it might be added, woven with patience, blood and sweat ! It should, however, be pointed out that it is not " a part " of the Greek population which is involved : as has already been pointed out, very few Greeks figure among these deliberate wreckers. 1 It should be noted at this point that the Greek Communist Party has for a long time pursued political ends through the workers' occupational organisations. This is contrary to the fundamental principles (which have never been modified) and constitutional provisions of the first rules of the Greek General Confederation of Labour (G.G.C.L.). In view of the upheaval caused by the war, the Mission very properly states that : " the Government responsible for the affairs of the country is naturally the sole judge of the measures which 1 This part of the Report has since been modified (I.L.O. note). 340 LABOUR PROBLEMS IN GREECE in the interests of public security it is compelled to take ". The Greek Government also notes with pleasure the opinion of the Mission that a return to normal and the re-establishment of constitutional guarantees will necessarily result in the abolition of all discriminatory texts in relation to occupational organisations, because, as is also admitted by the Mission, the Greek Constitution and laws concerning occupational organisations are impregnated with that same spirit of democracy which, in fact, inspires the entire Greek people. If, in the present circumstances, certain emergency measures of security have been adopted (not measures of discrimination), these have been made necessary by considerations of public wellbeing. The Mission has evidently fully understood that the suggestions put forward for the improvement of the Greek trade union situation cannot be usefully considered until normal conditions have been re-established in the country. In the meantime, everything possible has been done to ensure a return to normal, and we notice that the most important steps taken recently with regard to the trade union movement have not been mentioned in the Report. 1 The goodwill of the Government is evident in the removal, by a Decree N.E. (cf. Government Gazette, No. 122, Part A, 7 May 1948), of the restriction on the right to strike imposed by a Decree of 7 December 1947. The Government also did everything in its power to assist the working classes during the 9th Pan-Hellenic Congress of the C.G.C.L. and to ensure that their meetings were held in complete liberty so that the true voice of the workers might be heard. In spite of the violent speeches made precisely on account of the full liberty afforded to the orators, and owing in part to the intense rivalry between the trade unionists and to the awkward way in which members expressed their differences of opinion, there is no doubt that this Congress led to the election, after many years, of the first administrative committee of the Confederation which was truly representative of the workers. Except for the Communists, who broadcast their protests from the clandestine radio station of the guerilla chief Markos and his handful of friends and hangers-on, the workers as a whole recognised the validity of the results of the Congress. The Communist protests aimed at prolonging indefinitely the existing irregularities in trade union matters—irregularities which play into the hands of the Greek Communist Party both at home and abroad. Fortunately, these protests could in no way affect the validity of the decisions taken by the Congress, which carried on its deliberations in the presence of observers of all the great workers' organisations and of diplomatic envoys from the great democratic countries, with long experience of trade union debates and capable of appreciating the worth of such debates. The Ministry of Labour, in accordance with long-standing regulations, maintained close contact with the work of the Congress through a committee composed of high officials and presided over 1 The Report describes the situation as the Mission found it at the time of its visit to Greece in October-November 1947. The Report was completed in February 1948 and does not cover developments which have taken place since that time (I.L.O. note). APPENDICES 341 by the general secretary of the Ministry. The report submittep by this committee to the Minister of Labour is attached as an annex. The publication of this document in the final edition of the I.L.O. Mission's Report would contribute greatly to the clarification of the situation as it is today. 1 It is true that emergency measures have been adopted at various times, and these may be classified as follows : (a) emergency measures decreed before the open attack by a foreign army ; (b) emergency measures decreed to deal with that attack. With regard to the measures in the first category, it should first of all be remembered that they were introduced during the lifetime of irregular political régimes such as the dictatorship of General Pángalos or that of General Metaxas. The measures applied under the Metaxas dictatorship were repealed en bloc by an Act, No. 3127, promulgated in London in 1942 by the Greek Government, which then had its headquarters there. This Act was published in Greece and is still in force. Of the Legislative Decrees introduced under the Pángalos dictatorship, only Nos. 3524/1928 and 3528/1928, which were adopted by the Chamber of that period on the proposal of the coalition Government of Mr. Zaïmis, have survived. The first of these gives the Minister of Communications the right to dismiss employees of the railways, tramways and electricity undertakings who belong to the Communist Party or are engaged systematically in fomenting unrest ; the second orders removal from the trade union register of any employee of the railways, tramways or electricity and gas undertakings who absents himself from work without a justifiable motive. The striking feature of these texts is t h a t the Communists are placed on the same footing as systematic agitators. This is not so by chance. It has been well said that the formal terms of laws and codes tell the whole history of the human drama. The texts in question clearly embody the history of the Greek Communist Party's activities in trade union matters—activities which induced the legislator to place its members in the same category as professional agitators. We shall not cite further examples to justify the point we wish to make here. This would involve a long historical survey and we shall therefore merely describe the line of action which, since 1936, the leader of the Greek Communist Party has laid down for communist " trade unionists " and for trade union workers under the influence of this party. On 1 November 1931, the newspaper Rizospastis published an appeal by the Executive Committee of the Communist International to the members of the Greek Communist Party urging them to study the immediate demands to be made on behalf of the working classes and to organise the fight for acceptance of these demands by any means appropriate to the existing situation, including even a political general strike. In this way, the appeal added, the party will join hands with the masses, will organise them, will acquire their confidence, will assert itself among them, and, by means of this fight for immediate economic concessions, will induce them in ever-increasing numbers to take part in the open political struggle for the satisfaction of fundamental demands and for p o w e r . . . 1 This report is reproduced in Appendix II (I.L.O. note). 342 LABOUR PROBLEMS IN GREECE Mr. Zachariades also proclaimed : " The party must do everything to carry out its programme, which will give the workers a new purpose and present in a clear form, intelligible to the masses, the problem of power and of the struggle for power, and will enable the party, by breaking the influence of an unpolitical trade unionism, to apply a revolutionary and popular policy and to take the place which belongs to it by right in the political life of the country and to demand the exercise of power." l The realisation of such a programme would bring complete confusion in the economic life of a country—particularly in a poor country and if the programme were applied to the public services, such as railways, electricity and gas. It was precisely for this reason t h a t the above-mentioned Decrees were maintained in force. The foregoing shows clearly that Communism in Greece has always sought, sometimes by persuasion, sometimes by violence, to undermine by unlawful means the social structure of the nation and to seize power at any cost. In consequence, the various Governments have found it necessary to adopt defensive measures, and these measures appear in the texts of certain laws. When the war which is being waged openly against our country from abroad has been won, it will be possible to abolish these Decrees, including Act No. 1075/1938, which is applicable only to State officials and which has not been enforced since the fall of the Metaxas dictatorship. The second category of emergency measures includes the provisions made for the preservation of public order. These are defensive measures against treacherous attacks from abroad, such, for instance, as the assassination of the Minister of Justice, Mr. Ch. Ladas. These defensive measures are not directed against trade unionists acting as such so long as they do not commit illegal acts. There is ample evidence of this, as in the case of Mr. Stratis, who expressed himself freely and enjoyed complete liberty of action, as did also the representative of a group of Communists, at the Pan-Hellenic Workers' Congress. On the other hand, if trade unionists are guilty of acts which break the law, they are punished. The Communists maintain, as they did in their contacts with the Mission, that these emergency measures are merely a pretext for the suppression of the Communist opposition in the trade unions. It should be remembered, however, how the ex-Secretary-General of the G.G.C.L., Mr. D. Paparigas, who gave full support to the bandits, succeeded in escaping from the island on which he was confined and, arriving clandestinely in Athens, devoted himself to illegal activities in aid of the armed attack from abroad until he was recently arrested again. All trade unionists who have been prosecuted have really given the rebellion active support. The dossier of each one contains proof of this, and in no case have proceedings been taken against them on account of their trade union activities. How could the Communists for whom the trade unions are nothing but a pretext go unpunished for acts which are obviously directed against the Greek nation as a whole ? During Mr. Braine's stay in Greece, the Government gave much consideration to this question. In its desire to facilitate the work 1 Cf. Mr. ZACHARIADES : Elements for a History of the Greek Communist Party, published by the Central Committee of the Greek Communist Party (Athens, 1945). APPENDICES 343 of the trade unions the Government granted an amnesty to certain categories of prisoners charged with crimes against the State, in some cases to people condemned on this count. The amnesty affected a certain number of trade unionists, most of whom were hardened offenders. For instance, the Secretary-General of the Tobacco Workers' Federation, Grozos, was one of those who benefited from the amnesty and was granted permission to return. Immediately after his release he joined the Markos brigands. In Sofia, he attended the congress of Bulgarian tobacco workers and, according to our information, he now serves the bandits who slander Greece. Grozos was a trade unionist ; should he still be recognised as such ? It must be emphasised that in general the emergency measures in question, which do not in any case affect trade unionists but only those who take part in the attack by foreign armies, are indispensable. Whenever the Government has been lenient, the results have been the reverse of what was hoped. It was proved in court when the assassins of the Minister, Mr. Ch. Ladas, were tried that the authors of the crime and their accomplices came from the ranks of those who had been imprisoned for a time and then released under the amnesty granted by the Government. Does not the fact that the Governments of the United States and of Great Britain have found it necessary to dismiss from their service all Communist employees—and this under normal conditions—justify the Greek Government's purge of its services also ? The more so as steps have only been taken against officials with very definite Communist affiliations, and that at a time when the very life of the nation was at stake. No one would find justification for those who, being responsible for the very existence of their country, compounded with a ruthless enemy during a struggle such as that carried on against Greece. But the emergency measures do not make up the whole of the Greek trade union legislation. The whole world knows that they are provisional measures only, directed against those, wherever they may be, who are enemies of the community. These measures will be rescinded as soon as the emergency which made them necessary is past. The fundamental trade union legislation is, according to the Report of the Mission, that of Chapter B of the Civil Code and of Act No. 281/1914 on trade unions and of Act No. 2151/1920 on occupational associations. This legislation is strictly guaranteed by Article 11 of the Constitution. The spirit in which this legislation is applied is shown by Decision No. 885/1946 of the Council of State, on which the Report makes the following comment : The decision of the Council of State was published on 29 May 1946 (No. 885/1946) and was arrived at as the result of long discussions, in the course of which the whole situation de facto and de jure of the trade union movement was examined in great detail. The decision is not only of great importance in itself, since it led to the dismissal of the Executive elected by the Congress as will be seen later, but it also has a very considerable bearing on the future of the trade union movement in Greece. We should like to state as this point, without the least intention of paying mere compliments, that the legal ability of the Mission is evidenced not only by their fully appreciating the sense of Greek trade union legislation, but also by their having made a comparative study of it. We have practically nothing to add to that part of the 344 LABOUR PROBLEMS IN GREECE Report entitled " Legal Status of Occupational Organisations ". In two cases only the Mission seems to have been in some doubt about the meaning of the provisions in question. The two points are the following : Of Article 78 of the Civil Code, the Mission states : " It is not clear from the text whether registration as an association and the grant of legal personality is acquired automatically if the association fulfils all the conditions provided by the law ". 1 In this connection we would point out that, as the Mission justly observes, the judicial authority has no discretion as to the recognition or non-recognition of an occupational association applying to it, because such a practice would be unconstitutional : it can only say whether or not the regulations submitted fulfil the formal conditions prescribed by law. The competence of the judicial authority goes no farther than that. Once the court has approved the application of a trade union for recognition, it is obliged to order entry in the special register (Article 81 of Civil Cede). It follows that entry in the register is an obligation created by the court's decision itself, whereas legal recognition becomes effective from the moment when an irrevocable decision recognising the association is taken, and this independently of the entry of the association in the register, even when this entry has not been made, or is incomplete or faulty. The second point upon which the Mission expresses doubt concerns section 31 of Act 281/1914. The Mission states : In the event provided for in this section, there is clearly no question of more than the provisional suspension of an administrative committee, and not of the dissolution of an organisation as such, since such action would clearly be inconsistent with Article 11 of the Constitution. The fact that it is only a question of provisional suspension of the administrative committee and not of the dissolution of the organisation is clear from the above-mentioned section itself, which prescribes the immediate convocation of the general meeting in extraordinary session for the election of a new administrative committee—-a meeting which obviously could not be called if the organisation had been dissolved. The Mission had previously stated that Article 11 of the Constitution furnished two fundamental guarantees : Under the first of these guarantees, the regulation of freedom of association by legislative means can never go so far as to subject this right to preliminary authorisation by the Government. Under the second guarantee, any organisation, even if it has been guilty of an infringement of the law involving as penalty the dissolution of the association concerned, is entitled to the guarantees offered by normal judicial procedure. It will be noted that these two fundamental guarantees were also provided for in the Resolution on freedom of association adopted by the International Labour Conference at its 30th Session (1947), and will appear in the Convention on freedom of association on which the 31st Session of the Conference (1948) will be called upon to take a decision. 1 This part of the Report has since been modified (I.L.O. note). APPENDICES 345 The Report adds : " Despite the civil war, these provisions of the Constitution are at present in full force." As to the rest of our trade union legislation, the Mission remarks that the regulations regarding association are, in general, " in accordance with the rules which trade unions in other countries have freely adopted ". The following conclusions may, therefore, be drawn from the foregoing : (a) that, apart from the matters dealt with by the Mission under the title of " Conclusions and Recommendations ", our trade union legislation may be considered as being in harmony, on the one hand, with the common conception of the rights of association in liberal and progressive countries and, on the other, with the general principles formulated by the International Labour Office and the International Labour Conference ; (b) that this legislation is being applied even in the difficult circumstances at present existing in the country. If these conclusions are valid, they should, in the interests of truth, be included in the appropriate section of the final Report of the Mission. In the second part of the chapter in question, the Mission traces the history of the reconstruction of the Greek trade union movement. The dramatic phases through which the movement has passed and the efforts to re-establish normality made by the United States and United Kingdom Governments, as well as by the various Greek Governments which followed the liberation, are reviewed. The Mission has correctly summed up the problem of the trade union movement in Greece as that of " restarting a free trade union movement that should be united, really representative of the working classes and, in consequence, competent to defend the occupational interests of its members and to play its part in the reconstruction of the war-devastated country ". " At the liberation, therefore, " continues the Mission, " it became at once necessary to reconstruct ab initio a free trade union movement which could dispense with the wardenship of the public authorities. " But instead of proceeding in this manner, the first Minister of Labour, Mr. Porphyrogenis, representative of the Greek Communist Party in the Government set up after the liberation under the presidency of Mr. Papandreou, and who today is a minister in the pseudo-government of Markos in the mountains, created an Executive Committee of the G.G.C.L. which was nothing more than an expression of the " workers' " section of E.A.M., the organisation which had prepared and conducted the notorious subversive campaign of December 1944, which plunged the country into untold misery. All the other non-Communist trade union leaders were persecuted. It should, however, be noted, since the Mission states that the interference in the trade unions by the Left elements provoked protests by the elements of the Right, that this interference created indignation among trade unionists not only of the Right but among all trade unionists of whatever tendency, with the exception of the Communists. Nor was this the only reason for the aversion of the masses to this Executive Committee. Another reason was that the Committee had seized power in the unions against the will of the workers and, during the later occupation period, by frequent recourse to the assassination of trade union leaders. This aversion was increased, moreover, by the fact that 23 346 LABOUR PROBLEMS IN GREECE workers were intimidated by these assassinations and by the threats of the Communists into taking part in continual demonstrations directed against the Allies, and this against their conscience and their real sentiments of deep gratitude to the liberating Allies. Besides this, the attempt to deify certain persons who were foreign to the workers' movement and to the nation itself, the suppression of the liberties of the workers, who, when ordered, were obliged to attend ceremonies the aims of which they did not understand, to participate in parades carrying banners with political slogans, and to abandon their work to take part in such demonstrations, created in them a sense of being the slaves of the Executive Committee of the G.G.C.L. The result was a profound aversion to this committee which humiliated workers and wounded their human dignity. Obviously, these sentiments were concealed by the workers during the period when they lived under the threats of the Executive Committee appointed by Porphyrogenis and of the armed bands of the E.A.M. (including the " workers' " section of the E.A.M.), as, for example, the O.P.L.A. and the reserve E.L.A.S. (National People's Liberation Army). But when, after the open collaboration of the G.G.C.L. Executive with E.A.M. during the seditious movement of December 1944, the danger was removed, this repugnance of the people began to show itself and, on account of the crimes committed during the Communist revolution (it has been proved that 140 trade union leaders were killed because they did not belong to the Communist Party), grew daily more intense until it became a feeling of hatred for anyone who had belonged to the E.A.M. and, thus, for the then members of the Executive Committee of the G.G.C.L. This committee showed no desire whatever to " play its part in the reconstruction of the war-devastated country " unless there were a complete reversal of the social system. And it was towards this that the directives for action issued by the Communist Party chief were aimed. Production by the workers during this period had fallen to a dangerously low level ; on the other hand, the slogan during the frequent demonstrations organised by the Executive Committee of the G.G.C.L. was " Out with the English " —which certainly did not express the sentiments of the trade unionists. It should be noted here that, although the Metaxas dictatorship made for irregularity in the development of the trade union movement, it did not take upon itself to intervene in a way in which Porphyrogenis himself did not shrink from. If it is true that the dictatorial Government of Metaxas substituted for the Executive Committee of the G.G.C.L. another committee more to its taste, it is equally true that such a measure was in conformity with the existing law and was not taken until irregularities in the financial management had been proved which gave the Minister the right to declare such a committee divested of its functions. It has been made abundantly clear that the policy followed by the Greek Communist Party for a long time, but particularly since the liberation, in exploiting the abnormal situation of the country, is the main cause of the irregularity in the Greek trade union movement. We consider that, since the investigation of this irregularity has brought out the real causes, these conclusions should be mentioned in the final Report of the Mission. APPENDICES 347 The Report also refers to Decision No. 28,560 of 30 July 1946 by which the Ministry of Labour, in accordance with the Council of State Decision No. 885/1946, appointed a Provisional Executive Committee of the G.G.C.L. The Mission states in this connection : " It may be noted that the new Provisional Executive was composed of 21 members, of whom 5 belonged to the extreme Left tendency". The point would have been clearer if the Report had noted that, during the period in which this ministerial decision was taken, there was no reliable means of estimating the influence of each group in the Greek trade union movement. The results of the legislative elections of 1946, which showed very clearly the extent of the influence of each political party, made clear also what was the actual strength of the Greek Communist Party as well as that of the small groups collaborating with E.R.G.A.S. (Anti-Fascist Workers' Organisation). Nevertheless, it was judged inopportune to insist on this in the composition of the G.G.C.L., not because the results of the elections did not indicate the true situation, but because representation of the Communists in the Provisional Executive, if based on the election results, would have been very slight indeed. This might have caused the Communists to abstain from participation in the Executive, and their abstention would not have suited the Government, whose aim at that time was to re-establish order in trade union affairs. The Government was, on the other hand, also unable to ignore the justifiable claims of the " reformists " (E.R.E.P.), because they, too, might have refused to participate in the Provisional Executive. In an effort to reconcile divergent policies, the Government was obliged to take into consideration both the results of the general elections of 1946 and the conditions of an agreement entered into on 29 April 1945 between trade unionist groups with conflicting views, including the E.R.G.A.S. Ry the terms of this agreement the E.R.G.A.S. recognised that the " reformist " element in the organisations represented the majority of the workers. It was for this reason that the Government, in its desire to reconcile opposing elements, appointed five representatives from the extreme Left to the Executive Committee. This attitude of the Government proved to be realistic, as was shown by the arduous discussions which took place after the arrival in Greece of Mr. Citrine, Mr. Tewson and Mr. Braine and by the no less arduous negotiations between Mr. Braine, Mr. Berger and Mr. Simpson. During the course of these extremely difficult deliberations the Reformists rejected the proposals to increase the representation of the Left wing in the Executive Committee, and the Left wing finally agreed to a representation of seven out of 21 members. This compromise proved in any case unworkable because the Communists insisted that the Greek trade union movement should be placed under the control of the W.F.T.U., an organisation which, as has been said, was very obviously influenced by international communism. This organisation has had on Greek trade union affairs an influence inspired by a spirit of partiality and its activities have done great harm to all classes in the country, including the working classes, because, deliberately or otherwise, both its influence and its activities have been directed to purposes which conflict with 348 LABOUR PROBLEMS IN GREECE the ideas and outlook not only of the Greek working classes, but of the whole Greek nation. If the meaning of the phrase cited above is not made clearer, the impression created may well distort that truth which it is the aim and duty of the Mission to establish. It should be mentioned here also that two of the seven delegates appointed as members of the G.G.C.L. Executive in accordance with the decision (No. 9112/4) of 9 June 1947 of the president of the court of first instance, namely, Mr. Matheopoulos and Mr. Clonaris, accepted nomination and collaborated with that body until the Ninth Pan-Hellenic Workers' Congress had completed its work, which led to the appointment of the legal executive with the task of ensuring administration through the Provisional Committee set up in conformity with the above-mentioned decision. Let us now consider some of the points in Chapter VI of the Report, under the title of " Conclusions and Recommendations ". The first recommendation made by the Mission refers to the question of trade union discrimination. The Mission here has in mind, as the text of the Report shows, certain "emergency measures"—or " s e c u r i t y " measures as we have preferred to call them—which were adopted in a truly exceptional period in the history of the country. For various reasons, and especially to cope with the present activities of bandits against the State, some of those measures were maintained after the crisis which made them necessary. As to the emergency measures themselves, we have already dealt in some detail with their nature and with the circumstances which made them necessary. It is unnecessary to recapitulate these points, seeing that the Mission itself has commented that they will " lapse automatically as soon as normal conditions return ", and has added : " In all probability, both as regards certain measures taken in the past and as regards recent measures, the Government will wish to return, as soon as circumstances permit, to the principle of non-discrimination in trade union matters." This expectation of the Mission will be fulfilled, the more so as one of the fundamental principles of Greek public law—incorporated in all Constitutions that have been established since the foundation of the State—is that of the equality of all citizens before the law. As will have been seen from the foregoing, this principle has always been observed in legislation concerning the right of association. It has also been applied in the security measures taken to combat the attack on the State, and if, on account of these measures, sanctions have been enforced against persons or organisations avowedly Communist, that is because the Greek Communist Party, as an organised political party, stirred up against the State a revolt which was supported by every means at its disposal. By these acts the Greek Communists placed themselves outside the law. Furthermore, according to the fundamental principles of penal law, the party and its members, by acting in a way likely to disturb public order and create agitation, became punishable by law. To put the matter more clearly still : neither Communism as a doctrine or as a political party, nor Communists as members of that party, are proceeded against ; the Greek Communist Party is proceeded against when it becomes an organisation for illicit action : then it is liable to criminal proceedings and its members become accessories charged with the execution of criminal acts. This is APPENDICES 349 no violation of the principle of equality before the law, but, on the contrary, a confirmation of that principle, which must be upheld by any Government based on the will of the people. What has just been said clearly demonstrates that Greek trade union legislation, which observes the principle of equality before the law, does not discriminate in trade union matters. This principle has also been respected in the emergency measures adopted to meet the attack from abroad. Moreover, these measures, as the Mission has pointed out, are provisional only, and as soon as circumstances permit, they will be repealed, together with measures of an earlier date which it has been necessary to maintain for the time being. For all these reasons, this first recommendation ought not to appear in the final Report. The second recommendation of the Mission concerns the political independence of the trade union movement. The Government is in complete agreement with the Mission on this point ; it has striven and will continue to strive for the maintenance of this principle. Unfortunately, the Greek Communist Party has for a long time proclaimed formally through its chief, Mr. Zachariades, that the principle of " unpolitical trade unionism " must be abandoned, and that the party must undertake the education of the workers in their organisations so that by a political strike they may seize power. This end has been pursued with a fanatical faith and by criminal means, as we have already pointed out. It was natural that such a policy should provoke a reaction among the trade unionists of another persuasion, who did not wish their organisations to pass into the hands of the Greek Communist Party, and the outcome was a tendency to political activity in the workers' associations, which was very harmful to trade union unity. The trade unionists are now aware of the disintegrating influence of the Greek Communist Party but, in spite of the differences of opinion which were so obvious during the Ninth Pan-Hellenic Workers' Congress, they continue to collaborate in the administration of the G.G.C.L. This is considered by the Government, on the one hand, as a sign of the beginning of a return to normal in trade union matters, as a result of the abandonment by the trade unionists of political activities, and, on the other, as à measure of the success of the Congress. The Government is happy to remember that it did everything within its power to assist the working classes in holding the Congress and dealing with the agenda in complete liberty. The third recommendation of the Mission refers to the compulsory trade union contribution. Here also the Government is in full agreement with the Mission. For this reason it granted all members of workers' organisations, at the time of the trade union elections and of the Ninth Pan-Hellenic Congress, the right to vote and to be elected provided they were in order as to contributions. Because the compulsory contributions are to be considered as a condition for the granting of the right in question and because, as the Mission admits, " it would be difficult for the trade union movement to survive if it were to be abruptly deprived of the resources emanating from the trade union ' levy ' ", we consider that the remarks of the Mission on this point should be included in another part of the final Report, and not be included in the part entitled " Conclusions and Recommendations ", unless this part were divided 350 LABOUR PROBLEMS IN GREECE into (a) " Conclusions " and (b) " Recommendations ", in which case, the remarks in question should obviously be placed under " Conclusions ". A rectification should also be made with regard to a mistaken opinion formed by the Mission, which considers, for various reasons, that the trade unions may " show in their list of members or in their electoral registers the names of workers who have no real link with the trade union in question " -1 This assertion is not in accordance with the facts, because the Civil Code now in force provides explicitly that the rules submitted for the approval of the tribunal shall not be valid unless they specify the conditions of the admission, resignation or expulsion of members. Moreover, a standard clause specifies that a worker who applies or is proposed for admission shall not be admitted unless he is in fact engaged in the trade for whose protection and promotion the union was formed. Any infringement of this rule is submitted first of all to the supervisory authority and then to the general meeting of the trade union, and finally to the judicial authority. Here, obviously, the worth of the statutory provision must be estimated with reference to the principle which it enunciates and seeks to protect, and not to the deliberate cffences committed against it. It is true that in the past the G.G.C.L., being under Communist control, has committed the offence of illegally registering members, but it was precisely this practice that was strongly resented by all non-Communist workers and that led to the invalidation of elections held under Communist control in the trade unions and their federations. This comment by the Mission should, therefore, not be included in the final Report. The reference to the contribution as a " tax " or " levy " should also be omitted, in view of the fact that this contribution is merely substituted for that fixed by the union rules. It would be more exact to refer to it as a " compulsory contribution ". The fourth recommendation of the Mission refers to the reform of trade union legislation, and this is accepted in principle. The Government admits in particular, and for the same reasons as those mentioned by the Mission, the need for codifying the trade union legislation so that there shall be one easily interpreted and unified text of the regulations, and so that certain doubtful points such as those mentioned by the Mission may be clarified and, in general, so that all useless and superfluous provisions may be eliminated. The Government has delayed the preparation and presentation to Parliament of such a Bill (which would be voted upon in accordance with the special procedure relative to "codes") because (a) until recently, the most important of the trade union organisations of the country, the G.G.C.L., whose co-operation is considered as indispensable for the elaboration of the Code in question, has been without a regular administration which would have enabled it to participate authoritatively in the commission which will be set up for the preparation of the Code ; (b) the Government has been awaiting the Report of the Mission so that it may take into consideration the recommendations of the International Labour Office 1 This part of the Report has since been modified (I.L.O. note). APPENDICES 351 in the preparation of such a Code ; (c) the situation created in the country by brigandage was such that the Government was obliged to postpone any long-term legislation the preparation of which must, in the national interest, be carried out in an atmosphere conducive to calm judgment and sheltered from violent political reactions. Some of these conditions have now been fulfilled. Others, if recent developments may be taken as a sign, are about to be fulfilled, in which case the Government will be in a position to carry out all the proposals with regard to trade union legislation contained in the declarations made by Mr. Tsaldaris in October 1946 as head of the Government. For the satisfactory accomplishment of this task, the Government relies upon the co-operation of the International Labour Office, whose valuable experience and vast knowledge of trade union affairs, from both the legal and the technical points of view, can be of great assistance in the codification and revision of Greek trade union legislation. Some of the observations made concerning the constitution of the occupational organisations and their autonomy refer to the "emergency measures"—as they are described. We have already pointed out that these are, in fact, "security measures" of a temporary character, adopted in the interests of public welfare, and it does not seem necessary to return to this question. We will therefore limit ourselves to a brief explanation of the meaning of section 30 of the Act of 1914 concerning associations. As has been previously stated, the object of the control by the supervisory authority is that the trade unions shall function legally. The presence of members of this controlling body in the meetings is intended to ensure their legality and to prevent the unions, for lack of knowledge of the legislation governing them, from adopting decisions likely to be nullified. On the other hand, the representatives of the supervisory body have no powers, and the general meeting is entirely free to take decisions against their recommendations and indications with regard to the legal issues involved. This provision is an additional protection so that, as the Mission itself states, trade unions may be assisted when they lack the experience necessary for drawing up rules and regulations. If the frequency with which the trade unions request the presence in their general meetings of representatives of the supervisory authority may be taken as symptomatic, it may be assumed that this provision assists considerably and effectively in the regular functioning of the meetings and in the conduct of their deliberations. The Government admits the justification for the comment in Chapter VI, under the heading " Suspension or Dissolution of Occupational Organisations ", on section 33 of Act No. 281/1914. The Government does not, however, agree with the comments of the Mission in the section entitled "Dissolution and Reconstitution of Occupational Organisations". It is not felt that there is anything obscure in Article 105 of the Civil Code, which stipulates that an association may be dissolved upon sentence passed by the judicial authority whenever it is found impossible to set up an administrative committee on account of a reduction in the number of members of the organisation or "for any other reason ". This last phrase provides for any cause which renders impossible the constitution of an administrative committee in so far 352 LABOUR PROBLEMS IN GREECE as this impossibility has been certified by judicial decision, seeing that a union cannot function without an administrative committee. Without such a committee, the trade union would enter upon a long period of inaction, thus abandoning its professed objectives, and its dissolution would be effected in accordance with paragraph 2, line 2, of the same section. But why should such a lapse of time be allowed ? Some doubt as to the value and reliability of the judicial decision certifying the impossibility of forming a committee "for any other reason" must be supposed in order to justify such an attitude. It should however be borne in mind that in Greece the judicial authorities, whose independence is guaranteed by the Constitution and by an austere tradition, are considered as a moral factor inspiring confidence and respect. For the same reasons, we cannot admit the objections raised by the Mission in connection with Article 69 of the Civil Code, seeing that it is the court which decides concerning any divergence between the interests of the trade union and those of the persons who administer it. Furthermore, we. consider that it is with good reason that Article 69 charges the courts and not the Executive Power with the nomination of provisional administrators, as this is the only way to prevent any tendency on the part of the trade unions to become political—an accusation frequently made by the enemies of trade unionism, as we have already pointed out. It is obviously unnecessary to consider the legal reasons for judicial decisions concerning the appointment of trade union administrative authorities ; the facts of the case only need be considered : the influence of the persons assuming the responsibility of administration, their authority and capacity, and other points concerning which only the objectivity of a judge can offer a just and reliable estimate. So much for the objections as to the facts. As to the objections of the Mission on questions of principle, we consider t h a t they are refuted by the comments on the decision of the Council of State No. 885/1946 which have been inserted in the Report on this matter and with which in general we agree. Finally, as to the observations of the Mission concerning the recognition of occupational organisations, we wish to state that the court to which the request for recognition of an organisation is submitted is obliged to grant recognition on two conditions : (1) if the organisation comprises the statutory number of members (Articles 7-8 of the Civil Code) ; and (2) if rules of the organisation containing the information required by law have been submitted for approval. The court then certifies the existence of this information and nothing more. In the contrary case, the judicial decision may be brought before the court of appeal and the Areopagus. On this point there is no contrary opinion in Greece, either in practice or in theory, and for this reason we see no reason for the introduction of a law to clarify a provision concerning which there has never been any doubt. As to the suggestion that occupational organisations should acquire legal personality by the mere fact of their members being associated, without any other formality, this is a very different matter, and it would be very dangerous to accept such a proposal, which might do irremediable harm to Greek trade unionism. Such a facility would encourage the more active elements to create many similar organisations in the same town, in which case APPENDICES 353 the unity of the workers would be broken up in such a way that the advantages which the Mission expects from such a modification would be entirely nullified. Furthermore, it would be dangerous to effect such fundamental changes, except where absolutely necessary, in the legislation which has existed in the country for a very long time and to which the public is well accustomed. However progressive the proposed modification may be, there would be grave danger of failure even before any good effects could be felt. Social Insurance The Mission has very judiciously set the problem of social security against the background of the general economic situation of the country. But some clarification is needed with regard to the figure of 156 per cent, given in the Report as the relation between minimum pensions in 1947 and the national income per head in 1938. This figure of 156 per cent, is arrived at by the conversion into dollars of the minimum pensions for 1947 and the national income per head for 1938, which are given in drachmae. But, while the conversion of the pensions is based on the 1947 rate of exchange, the income is converted on the basis of the 1937 rate. These calculations can, in fact, have only a very relative value in a country like Greece, which has been for a long time engaged in a supreme effort to conclude victoriously a ruthless war imposed on her. There is necessarily a wide margin of error in such calculations, on account of the precarious monetary system and the more or less artificial exchange rates (reflecting, also, all kinds of fortuitous circumstances) of the drachma with other currencies. In fact, the same calculations would give today a figure of 118.8 per cent.—the minimum pension being 125,000 drachmae per month and the exchange of drachmae into dollars on the open market about 14,000 (the price on the open market is taken as basis for calculations in the Report). On the other hand, no allowance has been made for the reduction of the buying power of the dollar since 1938. Actually, the wholesale price index—which is the determining factor in the fixing of the rate of exchange—has risen in the United States since that date from 91 to 187 (cf. UNITED NATIONS : Monthly Bulletin of Statistics, April, Vol. II, No. 4, p. 170), which means that the buying power of the dollar today represents only 48.6 per cent, of that of the 1938 dollar, and this reduces the percentage mentioned above to 57.8. But even if the cost-of-living index is taken as a basis for calculation, this has risen since 1938 from 98 to 163 (cf. ibid., p. 161), the percentage arrived at is thus only 71.4. In any case, it must be admitted that the figures given above are not excessive, bearing in mind the low level of national income per head. What is more significant is that only the minimum pension has risen to such an extent in relation to the pre-war figures ; the highest categories have only shown a very slight rise based on a much lower coefficient. It would be more useful to make a comparison based not upon the minimum pensions as in the Report, but upon the average pension in the various countries under review We are, in principle, in agreement with the opinion of the Mission that it would be well to organise a medical service for the agricultural population without reference to the social insurance system. 354 LABOUR PROBLEMS IN GREECE The organisation of a special system of social security for the agricultural population has already been studied. This would include free medical attention, medicai supplies and hospitalisation arranged by local organisations on a co-operative basis—a system with which country people are well acquainted. The medical attention and medical supplies would be furnished gratis by a doctor paid by the month. The doctor's fees and dispensary costs would be met by a central fund, but the beneficiaries would be required to make a small contribution—of a merely symbolic amount—in accordance with their means as known to the local population. The doctor in charge would also be responsible for preventive sanitary measures in his area. It is intended that this organisation should be completely decentralised except for provincial unions, which would be created for the purpose of providing hospitalisation. At the present time, only those agricultural workers who live close to the most important urban centres are insured. Owing to the subdivision of agricultural landed property, the other workers are for the most part smallholders who augment their income' by working occasionally for others. The Ministry is fully conscious of the need for co-ordination of the various insurance Kgulations in the interests of social justice and so that a more efficient administration may be established. The Social Insurance Council, which prepares the draft rules for social insurance funds, has recently made special efforts in this direction. The initial Act on this subject, No. 2868/1922, introduced the principle of social insurance based on the occupation or the undertaking, with a. contribution fixed by the employees at the time of the constitution of each fund, within the limits (3 to 6 per cent.) laid down by law, whereas for the I.K.A. the principle adopted was that of a single fund with a fixed contribution. The authors of the above law hoped, by allowing workers and employers to participate in the control of their own funds, to stimulate greater interest on the their part. Efforts were also made to discourage class distinctions and to avoid centralisation which—human nature being what it is, and institutions in general reflecting the qualities and defects of the men who create them—would have led to abuses on account of the remoteness between the administrative authorities and the insured persons and employers in the respective funds. When, during the course of the preparatory work for the establishment of the I.K.A., an effort was made to amalgamate, by one radical measure, all the pension insurance funds for separate occupations and undertakings, two objections were put forward and eventually prevailed : (a) the benefits paid by Í.K.A., which received no State aid, had necessarily been fixed at a low level, so t h a t the unification would have had to be effected at the expense of the members of the occupational funds, whose numbers were small relatively to the membership of I.K.A. and who in most cases had been able to gain certain social benefits thanks to the action of their trade unions ; (b) an opinion was requested from a German expert, who in a report on the big centralised insurance institutions independent of the State, wrote as follows : There is a danger that the machinery may become an end in itself and that it may aim only at its own prosperity. It is also possible that grave errors in organisation may be committed and that all reform may be mistrusted, because it is always the experts APPENDICES 355 only who know anything, and it, is precisely their interests which are principally at stake. There is a risk of creating an abyss between the administration and the administered. It has been pointed out, moreover, that neither knowledge nor experience of administration has yet made it possible to arrive at a definite decision whether centralisation or decentralisation is to be preferred. The success of each system appears to depend on the people concerned, the general circumstances, and the conditions of organisation and operation of each particular institution. However this may be, and especially after the disastrous effects which the war and occupation have had on most of the social insurance funds, it is generally recognised that reforms and readjustments in the system are necessary. In order, however, that any reorganisation may produce good results, it is essential—as the Report of the Mission admits—that such reorganisation should be carried out gradually, seeing that the occupational funds and those of the undertakings meet the needs and claims of the workers and, having functioned for a long time, have become adapted to the requirements of their members. This should be taken into account. The comments of the Mission as to the exceptional burden which the war and the occupation have imposed upon social insurance institutions are wellfounded. This burden is, however, temporary only and will be removed as soon as a relative stability permits longterm adjustments. A close study will then be made of the insurance problem with a view to revision of the rules of social insurance funds and of the financial provisions. The funds operate, in the present economic conditions, according to a system which, without being entirely founded upon the principle of assessment, yet lacks a longterm basis, and it is certainly desirable that this state of things should end as soon as possible. Efforts have been made, however (as will be seen from the joint Decree of the Ministers of Finance and Labour, No. 50 855/1947), to regulate insurance benefits, if necessary by stages, in accordance with the technical knowledge available. The obvious starting point in any effort at co-ordination and uniformity must be the raising of the level of protection of the vast majority of insured people who receive least benefit from the present system. On the other hand, any attempt to reduce the rights acquired by certain groups of employees—a very limited number—would create great difficulties, because the benefits accruing to them are, as a general rule, very far below subsistence level. The Ministry considers that any reorganisation of social insurance must first of all ensure the financial equilibrium and better functioning of the biggest of the social insurance institutions : the I.K.A. Once these two objectives have been achieved in a manner which will increase the confidence of insured people in this institution, it will be very much easier to combat the separatist tendencies of those affiliated to the occupational funds and to the funds of individual undertakings, and to bring about uniformity and gradually reorganise social insurance in general. A definite regulation of the financial position of the I.K.A. and of the other funds cannot, however, take place until the general economic situation has become stabilised. This stabilisation is a prerequisite for the granting by the State of any subsidy for social insurance. The phenomenon whereby in some cases the same person is 356 LABOUR PROBLEMS IN GREECE insured with several funds is due principally to the fact that some of the funds insure all employees in one occupation while others, also among the main insurance funds, insure all the workers in one undertaking, whatever their occupation. For this reason it will be found that in some cases the same person is affiliated to two different funds : the main fund for his :rade and the main fund for the undertaking where he works. These cases have been submitted to the competent collective bodies (boards, etc.) and have been dealt with on the principle that no one person may be insured with more than one main fund. Methods for the general application of this principle are being worked out. A fundamental rule at present seeks to secure the insurance of employees of the various undertakings with subsidiary pension funds which—as there were no subsidiary sickness insurance f u n d s have been created chiefly by pressure from the trade union organisations of the interested employees on account of the low level of benefits from the main insurance ; this rule provides that affiliation to a subsidiary pension fund shall be compulsory. Affiliation to a second subsidiary fund is optional for the employee and involves payment by him of the employer's contribution. The pension obtained from these various sources together is rarely sufficient to ensure an adequate standard of living. The rule with regard to " contracting in " for the period of service completed before affiliation to an insurance fund should not be suppressed, even though it may appear to cause certain irregularities in treatment, because at the time when the law on the subject was promulgated steps were taken to meet the financial obligations which would result for the fund. This provision is of unquestionable social value because it permits the granting of benefits to the aging generation who had no opportunity of belonging to a social insurance fund at a suitable date. It is obvious, however, that there must be strict rules governing this point, and the Social Insurance Council and the Ministry are at present engaged in drawing up these rules. It goes without saying that the first step towards rational reorganisation of the method of calculating benefits must be a more general distribution of contributions. To this end, the law concerning contributions recently promulgated places on the Ministry of Finance and the Council of Ministers—each in its own field—the responsibility of supervising the assessment and application of the social insurance contributions. The Council of Ministers is authorised to proceed to some redistribution of contributions. This is the first step towards the realisation of a greater measure of social justice, but besides this question there is the equally important problem of the form the social benefits should take and of how they should be distributed. The solution to this problem depends on the proposed general reform of the Greek fiscal system. It is desirable, in any case, that the social insurance funds should function according to a system by which the State will grant financial aid proportionate to the responsibilities shouldered by each insurance branch. This, however, must in turn depend upon budgetary resources. The need for adequate accommodation for health service installations and, above all, for dispensaries, has been felt for a very long time. In this connection, the I.K.A. had worked out a vast programme of construction before the war, but the work had to be APPENDICES 357 postponed on the outbreak of hostilities ; since then and during the years following the liberation the disorganisation of the finances of the I.K.A. has made it impossible to proceed with the plans. Steps are at present under consideration by the Ministry with a view to meeting this need. The financial decentralisation of sickness insurance is already established by law. An anti-tuberculosis social insurance institution is being set up. A Royal Decree has fixed contributions from insured persons at 1 per cent, of wages, with an equal contribution from employers. It is estimated that in about twenty months this body will have at its disposal 300 beds in its own sanatoria. The setting up of this body constitutes the first step towards the already proposed foundation of an institution to organise an anti-tuberculosis campaign. The new body will take as its motto : " Prevention is better than cure, and care is better than having to pay cash benefits." The problem of tuberculosis obviously goes beyond the scope of social insurance. But until the State is able to undertake a systematic campaign on a wide scale against this scourge, there is no reason why a special anti-tuberculosis social insurance institution should not undertake the work within the narrower limits of social insurance, thus breaking the ground for a larger effort. Such a measure would produce two results : fa) alleviation of the crushing burden which weighs upon the insurance funds on account of tuberculosis liabilities ; (b) creation with the least possible delay of the necessary machinery to deal with this disease (sanatoria, etc.). The Mission also reports on the question of the administration of social insurance and expresses the opinion that this administration could be entrusted either to autonomous institutions or to institutions directly incorporated in the framework of the public service, but that one or other of these systems should be decided upon to the exclusion of any intermediate mixed system. It finds that the Government now often intervenes not only on fundamental questions, but even in the ordinary day-to-day activities of the institutions. The result is—declares the Report—a drag upon the wheels of administration and an increase in the administrative work and costs, the situation being made worse by the fact that in many funds the chairman is an official of the supervising ministry, which results in a confusion as to competence which is prejudicial to control. The Mission concludes that " full autonomy " should be restored to the insurance institutions. It will be as well, therefore, to examine more closely this question of autonomy in relation to the legislation in force, to its practical application, and to possible new regulations. It is necessary first of all, when considering the working of any insurance institution, to make a clear distinction between the authority which lays down the regulations, the administrative authority and the supervisory authority. The State reserves the right to issue the rules of insurance institutions dependent upon the Ministry of Labour, and these rules are published in the Government Gazette after very careful preparation, that is to say : (a) after consultation with the governing body of the institution concerned, when a careful investigation is made into the financial position and aims of the institution ; (b) after an actuarial and financial study of the proposed rules ; (c) after consultation with the Social Insurance Council. 358 LABOUR PROBLEMS IN GREECE An effort has been made to give as much authority as possible to this Council. It is with this object in view that, in addition to the representatives mentioned in the Report of the Mission (competent public officials, insured people, employers, university professors and experts), there are also two members of the Chamber of Deputies on the Social Insurance Council, one from the Government side and one from the opposition. In this way, parliamentary supervision of the rules laid down is assured. Furthermore, since the rules are in the form of a ministerial Decree (and not an Act) they are not beyond the supervision of the Council of State either as to legality or as to expediency. The administration of each insurance fund is left entirely to its governing body, without the possibility of any intervention whatever by the State. From the moment when the rules are published, the State has no right to intervene in their application. Consequently there is no reason to fear any slowing down in administration, or any increase in administrative work or expenses. Until special insurance tribunals are set up, questions concerning the application of the rules with regard to insurance obligations, payment and rates of contribution, and the granting of insurance benefit (which is in the hands of the administrative authorities of the competent institutions themselves) are dealt with by the ordinary tribunals and by the Council of State. It is inexact, therefore, as far as these points—which are the very basis of social insurance—are concerned, to say that the State intervenes in the ordinary daily activities of the institutions. The State has reserved the right to express an opinion with regard to decisions taken by the fund's administrative authorities concerning the personnel of the institution, but the exercise of this right, which is, to a certain extent, unpopular with the administrative organs, does not entail any delay or increase in costs. In any case, the changes made in personnel do not affect the aims of social insurance any more than they do the normal everyday working. They relate to the organisation of administration—a point which is dealt with below. Finally, the application of the administrative and economic statutory provisions is under the supervision of a special inspection service attached to the Ministry of Labour, the members of which do not participate in the administration of the institutions, so that there is no risk that the supervision might be prejudiced. The two methods of organising the administration of the social insurance institutions mentioned in the Report (independent institutions or institutions directly incorporated in the framework of the public service) are not the only possible solutions of this problem, which is one of providing for the needs of the insured, a task which is, after all, the only purpose of any adequate organisation of insurance institutions. When the Report refers to " autonomous " institutions, it is evident, according to administrative terminology, t h a t self-governing or decentralised institutions are intended. "Decentralisation" and its opposite " centralisation " are, however, by their very nature capable of graduation and are mutually complementary. It is impossible that complete decentralisation or complete centralisation should exist within a State. A more analytical study of this question would, however, be outside the scope of the present investigation, and we would only add that autonomy constitutes APPENDICES 359 a limitation of the omnipotence of the State and encourages the political education of citizens by stimulating their interest in matters within the sphere in question, which they not only supervise, but also manage and direct. It is for this reason that the principle of autonomy has been followed in the organisation of social insurance in Greece. Examination of the problem reveals that there is in administrative law an acknowledged degree of decentralisation implying the management of some public affairs by the elected representatives of the interested parties, who in turn are also responsible for nominating those who are to carry out the actual work : this is " decentralisation "—administration of a part of public affairs by institutions which collaborate with the interested parties and with the officials appointed by the central authority. But this system does not apply to the case under consideration, which is, nevertheless, also a form of autonomy. The fact that the Minister reserves the right to approve (not to modify) decisions concerning personnel amounts to nothing more than the exercise of a form of supervision. In view of the fact that neither decentralisation nor centralisation can ever be more than relative, the degree of one or the other must necessarily depend upon the circumstances of the case, the aims pursued, the conditions and people concerned. Studies already made of this subject have produced the following conclusion : Decentralisation, in order to give satisfactory results, demands (a) the existence of adequate administrative personnel, (b) uniformity of principles and programmes and (c) organisation of supervision. The appointment of officials of the Ministry of Labour to administrative posts in insurance institutions of relatively recent date in Greece meets points (a) and (b). These officials, trained in theory and practice, act as liaison officers with the Ministry, which issues directives ; on the other hand, they constitute only a very small minority in the governing bodies, which include many members from among insured people and employers. The Ministry of Labour inspection service officials do not take part in the deliberations of the governing bodies. Finally, with regard to the "full autonomy" of insurance institutions mentioned in the Report of the Mission, it is generally agreed that supervision is an indispensable condition for the proper working of self-governing institutions. The conception of administrative autonomy without supervision is impossible in any well-organised State. Employment and Employment Organisation With regard to employment and organisation of employment the Mission says very rightly that Greece suffers from a manpower surplus and that the problem of underemployment, already evident before the war, has been aggravated by the occupation and by the damage which the national economy continues to sustain on account of the activities of bands of foreign terrorists. We consider, however, that the existence of a demographic problem in Greece—a condition already observed before the war—is due to the fact that the 360 LABOUR PROBLEMS IN GREECE natural resources of the country have never, for lack of capital, been fully exploited. The fact that the Greek financial market was kept supplied with productive loans contracted during the twenty years preceding the war had a direct bearing on the increase in national income and the improvement in the standard of living and level of employment of the population. If the Greek financial market had continued to be stimulated by the influx of capital, the economic and social situation of the country would certainly be very different at the present time : the rise in national income resulting from the development of unexploited resources would have increased the opportunities for productive employment and the standard of living would, in consequence, have risen. The war, the occupation and the struggle against armed bands whose attack has been organised and supported by every means from abroad have not only hindered the economic development of the country, but have caused material damage to the national economy on such a scale that the repair of this damage alone demands an enormous capital expenditure. The aid given by the Allies is of considerable importance, and for the future development of the productive branches of our economy we have confidence in the spirit of enterprise and in the capacities of which the Greek people have never failed to give ample proof in difficult times. Fortunately, the greater part of the productive resources of the country remain intact, and there is thus the possibility of employing a higher percentage of the population than before the war. This objective, whose attainment would to a large extent solve our demographic problem, cannot, however, be arrived at without a supply of capital which the finances of the country cannot provide on account of the loss of national wealth and of the damage caused by the war, the occupation and the struggle against the terrorists. It is suggested by the Mission—with reason—that in the meantime, and until the country has attained full economic development, the demographic problem should be solved by the emigration of surplus manpower to other European and extra-European countries. The suggestions made by the Mission as to the policy to be followed in this matter will certainly be given consideration by the Greek Government, the more so because they are, on several points, in accordance with the purpose of the Government itself. The standpoint adopted by Greece at the Rome Conference, that the emigration of Greek workers to the 16 countries participating in the Marshall Plan is at present impossible, is based on the very exceptional situation in which the country is placed by her struggle for liberty, democracy and the integrity of her territory. The mobilisation of a considerable proportion of our manpower, the fact that the reconstruction of the country is far from complete and the limited number of workers required by the countries participating in the Marshall Plan impose upon us, for the present, a restrictive policy with regard to the emigration of manpower. The Report of the Mission states that "others, of known leftist views, apparently do not register at a l l " at the employment offices and t h a t there exists, according to certain declarations made to it, " a sort of unofficial employment market which has grown up among them and which avoids use of the State placement machinery ". This passage in the Report does not tally with the facts. In no case do employment offices enquire into the political APPENDICES 361 opinions of unemployed persons who apply to them, and it would be impossible, for obvious reasons, for the personnel in employment offices to enquire into the political convictions of unemployed workers registering with them. No unemployed person is required to present a certificate of his opinions or any other document indicating his political convictions. The Report states that an identity card must be produced when application is made to an employment office, and that this enables the office and the employer to identify " undesirables " and provides a basis for discrimination in the matter of employment. The indications on the police identity card cannot, in fact, in any way reveal the political opinions of the unemployed person. Neither the offices nor the employers, therefore, have the possibility—even if they so desired—of discovering from the identity card the political opinions of the person seeking employment and they can, therefore, neither recommend nor advise against employment of an applicant on these grounds. The presentation of an identity card at the employment office is indispensable because it is the only means whereby the employment office can verify the name of the applicant and because the address of the applicant figures on the identity card, thus enabling the office to ensure that the unemployed person belongs to the district which the office serves—a necessary precaution, particularly in the large towns, where an applicant could register with four or five employment offices and thus falsify the unemployment figures. It will be seen, therefore, that the obligation to present an identity card to the employment office officials constitutes no disadvantage for the applicant and, on the other hand, considerably facilitates the work of the officials. With regard to the organisation of the employment offices, we wish to emphasise that it has not yet been possible to regulate the functioning of the offices on account of a lack of personnel ; this situation will be remedied as soon as the budget permits. The Mission is right in pointing out that the protection accorded by Act No. 118 is excessive and that this law may be considered as extremely advanced. We would like to point out in passing that it is not the first time that Greece has been in the vanguard of progress in the field of social policy. There is no doubt that the monopoly of the employment market by the State, which prevents the employer from engaging workers or salaried employees without the intervention of the employment offices, is unpopular with employers. For this reason it is proposed to adopt in part the suggestion of the Mission and grant to employers the right to engage at their own discretion a proportion of their personnel, but with the employment offices acting as intermediaries. We cannot, however, accept the suggestion of the Mission that undertakings should be exempted from their obligation to pay into the Unemployment Fund the wages prescribed by law in the event of the termination of an employment contract (No. 118, section 9, paragraph 6). This provision aims at counteracting a tendency on the part of certain employers to dismiss their workers and it is considered necessary from a social point of view in the present conditions of the country. On the question of vocational training, it is true that there exists a grave lack of skilled workers. This lack will become increasingly acute as soon as the totalitarian war against Greece is ended, because the industries and undertakings will then be able to develop, 24 362 LABOUR PROBLEMS IN GREECE thanks to Allied assistance. In some industries technical improvements have been made during the last few years. New repair techniques have been developed and new tools have been put into service, and this development itself calls for more training and specialisation among skilled workers. With the assistance of American experts, a programme is in course of preparation whereby extensive technical training facilities will be available to industrial workers and craftsmen. It is proposed to create a central public service in the Ministry of Labour to study the directives and to supervise the application of measures for improving elementary technical training. This centre would also prepare a general programme and detailed plans providing for apprenticeship by training on the job as well as instruction in manual work at special occupational schools. These proposals aim at (a) the establishment of methods and principles of training which will include vocational guidance ; (b) the working out of methods of training and administrative technique for occupational schools ; (c) the investigation of conditions of work for skilled workers ; (d) the establishment of an apprenticeship system in shops and factories. The fundamental principle of this programme is that the active participation of employees and employers and of their occupational organisations is indispensable. It is hoped, in spite of present difficulties, that these measures in regard to vocational training may be applied with as little delay as possible, since it is generally agreed that the matter is urgent. Conditions of Employment—Tike Regulations and their Enforcement In this chapter the Mission deals at length with the development of labour legislation in Greece, and particularly with regulations concerning hours of work. It would, perhaps, have been well to add that Greece was among the first countries to apply the eight-hour day, in a period when many European countries that were more advanced industrially and economically hesitated to admit this vital and well-founded demand of the working classes. Although its economy was very undeveloped at the time, Greece hastened to ratify the Convention on hours of work which was adopted in 1919 by the Washington Conference, but it should be remembered that long before this, as early as 1912, Greek labour legislation included Decrees for the regulation of working hours. The development of Greek economy before the last war led the legislature to provide for a working day of less than eight hours in certain occupations (for bank employees, office personnel, etc., a seven-hour day was applied), but it was not possible to enact general regulations prescribing a working day of less than eight hours. The question will undoubtedly be considered again and a shorter working day will certainly be introduced as soon as the country has reorganised its industries and completed its industrialisation. This was no doubt what the legislative body had in view when it gave the Government power to reduce hours of work (Act No. 41/44 amending section 16 of Act No. 3502/28). There is another factor to be considered in the application of the labour legislation, namely, the attitude of the workers. They have APPENDICES 363 become aware of their rights. They know they can demand that employers shall fully apply the statutory provisions concerning hours of work, and the employers have realised that they must not seek to evade these regulations. As a result of the changes brought about during the war, the occupation and the post-war period, there has been practically no breach by employers of the law concerning the eight-hour day, in spite of the fact that the labour inspectors responsible for supervising the application of the Act are too few, as the Report rightly asserts. We are also in agreement with the observation of the Mission that labour legislation should be consolidated. We would add that the multiplicity of existing laws is due very largely to the exceptional conditions created by the world war, the occupation and the continuance of war in Greece up to the present time. It has constantly been necessary to adopt urgent new measures to deal with situations which have arisen, and these additional measures, together with those already in force, have created an accumulation of texts. This situation will be remedied when a Labour Code has been drawn up by the administration. This is in preparation and the Government proposes to publish it at an early date. The codification of the labour legislation and its publication in small volumes will considerably facilitate the task of the inspection services. When the labour inspectorate has been reinforced, a return to the former systematic supervision of undertakings will be easier, and it will be possible to ensure strict application of any health and safety regulations the inspectors may recommend. With regard to the Mission's suggestion on the increase of technical personnel, etc., in the labour inspectorate, all the competent authorities recognise the need for taking such a step as soon as possible, but for the moment this cannot be done owing to the economic situation of the country. As soon as circumstances permit, the labour inspectorate will be reinforced by recruiting the necessary qualified personnel. The object will be to have a sufficient number of higher grade officials in all the large industrial centres of the country. Experience has, in fact, proved that highly qualified and expert officials should be placed at the head of the principal inspection offices, while the less responsible tasks should be left to the labour supervisors. According to the present law, the labour supervisors can be promoted to the higher posts, but we are nevertheless of the opinion that the office in an important industrial centre should be directed by an official with a university degree who has acquired the necessary specialised knowledge. Women labour supervisors may also be promoted to higher posts if they possess the necessary qualifications. (At the moment the Athens office is under the direction of a woman.) Experience has shown, however, that the work is too arduous for married women, and in general women in Greece leave their employment on marriage. For this reason it is considered desirable to limit the number of posts of this kind open to women. With regard to the recommendation in the Report that higher qualifications should be demanded of inspectors and supervisors, we would point out that Acts Nos. 4819 and 5528 provide for an entrance examination and for a year's probation before permanent appointment. This regulation has not been applied since the liberation because of the urgent need for the immediate appointment of staff in the various inspection offices. 364 LABOUR PROBLEMS IN GREECE The Report also contains suggestions as to courses of training abroad which would give personnel the opportunity of extending their theoretical and practical knowledge, and the organisation of conferences between inspectors and supervisors of the same regions or of the whole country. These are all projects which the Government has in mind, but which cannot be realised until order has been re-established in the country. The Report maintains that it is desirable t h a t the inspection services should not have recourse to the police for the exercise of certain functions. In this connection it should be noted that the law provides that such assistance shall be accorded only in districts where there is a shortage of staff. Furthermore, the civil officials of the labour inspectorate carry out their duties satisfactorily, and the police will certainly not be called upon to assist in this matter once an adequate personnel has been provided in each district. Provisions with regard to travel facilities and allowances for inspection officials, as suggested in the Report, obviously depend upon the financial position of the country. The Mission attaches particular importance to the granting of work books to children and young persons. This is compulsory under Act No. 4029 on the employment of women and young persons. The Mission found, however, that the number of work books actually distributed to young workers since the liberation was relatively small. Without in any way denying the importance of the question or the need for strict enforcement of the law, we would point out that there are very few cases of the employment of children under the statutory minimum age. The exploitation of child labour, frequently practised in the past in other countries, has never been a feature of Greek life, and it will certainly not be introduced now that the working classes have become conscious of the rights which they have acquired during and since the second World War. However, in this matter of the issue of work books for children and the medical examination of young persons to determine aptitude for work, we would state that, since the investigations of the Mission, considerable progress has been made as a result of the creation of a health service attached to the Ministry of Labour ; three doctors working under the central service collaborate with the municipal dispensaries and with the Social Insurance Institute services. The new service is a very active one, and it issues work books to children and young persons after a careful medical examination. The officers of the service, in collaboration with the technical inspection officers, visit workplaces and where necessary analyse the fumes arising from manufacturing processes and arrange for adequate measures of protection. The Mission found that health conditions in certain small workshops were not satisfactory. That this is so cannot be denied, but it should be borne in mind that the number of these workshops is relatively insignificant ; as soon as economic conditions permit, the existence of workshops which do not conform to the health regulations will not be tolerated. The war, the occupation and the conditions prevailing since the liberation have made it impossible for the labour inspection services to complete the task of improving health conditions in certain artisan workshops, which—as we have said—are very few in number. The equipment in industry is in general of recent origin, dating back only a few decades. The Mission has expressed itself in favour of the introduction of a continuous working day, as applied in many countries. Quite APPENDICES 365 apart from the differences of opinion which exist concerning the value of this régime in general, we consider that the midday break is absolutely necessary in Greece (the southernmost country in Europe) on account of the climate. On the ground that the labour inspectors are overburdened, the Mission recommends that they should be relieved of the task of settling labour disputes, collective or individual. It cannot be denied t h a t such disputes should be settled by experts. Hence it has been decided to restrict the functions of the labour inspectors in this field. Under Act No. 560/1945 (section 17, paragraph 1) there are five " reporters on labour disputes " and four assistant " reporters ". These officials have already been made responsible for settling both collective and individual disputes in the Athens and Piraeus district, and it is proposed to extend the system to other large industrial centres. Since, however, it is not possible at the present time to increase the number of these officials sufficiently to permit of the appointment of one to each district, we consider that the labour inspectors cannot be relieved of this supplementary duty. It should be noted, furthermore, that the intervention of the labour inspector is often more effective, as he has a certain prestige with the employers in his district. We are entirely in agreement with the Mission concerning the creation of labour courts. The judicial procedure for the social insurance courts has already been defined and published in the Government Gazette (No. 511 of 25 February 1939). It is extremely simple ; the courts will be tripartite and will be presided over by a magistrate ; their conditions of operation will depend upon the financial possibilities of the country. Pending their establishment, the existing legislative provisions allow the civil courts to deal, by summary procedure, with individual labour disputes. The Mission has also suggested the adoption of certain measures with regard to home work. We have no objection in principle to the suggestions put forward, but we do not consider that any systematic supervision is possible in this field, seeing that the number of workers concerned is very small and, as the Mission itself admits, supervision is in practice very difficult. Another subject dealt with in the Report is the protection of agricultural workers. Here again, we have no objection in principle, but we would point out that Greece has no agricultural day labourers like those in countries with a more advanced economy, the reason being the progressive agricultural policy which has been followed. Land has been expropriated and given to agricultural workers, who have thus become smallholders. This system has certain economic disadvantages, since the subdivision of rural property into small lots makes agricultural mechanisation more difficult. To solve the problem, agricultural co-operatives have had to be formed, and they are becoming more and more widespread. This question might be studied in conjunction with that of organising a scheme of medical assistance for agricultural workers, a point we have already touched upon in the section on social insurance. With regard to maternity protection, we consider that the present legislation is adequate, since it provides that women shall not work during the six weeks after confinement and that they may stop working six weeks before. During these twelve weeks they have a right to pregnancy and confinement allowances granted by the 366 LABOUR PROBLEMS IN GREECE Social Insurance Institute. The Institute also gives them free medical, pharmaceutical and hospital aid and a nursing allowance during the three months following confinement. Employers are required, under Articles 657 and 658 of the new Civil Code, to pay fifteen days' wages to their women workers on maternity leave who have less than a year's service, and one month's wages to those with more than a year's service. It should be added that in most cases the large undertakings pay their women workers, and especially the salaried employees, the full remuneration for the period of leave, within reasonable limits. It is true that there is no provision in Greek legislation for the protection of women workers' children, but crèches and other institutions will be established as soon as the general condition of the country permits. Some time ago the insurance fund for workers in the textile industry—an industry employing a large number of women —was requested to study the question of establishing and running institutions of this kind. The Co-operative Movement The Greek Government notes with satisfaction the Mission's findings as to the existence of a widespread co-operative movement both in the country districts and in the towns. The development o: agricultural co-operatives, which date back more than thirty years, is due to the considerable financial assistance which the Government has provided through the Greek Agricultural Bank ; the credits granted to peasants have by now reached a total of hundreds of milliards of drachmae, and three quarters of the sum are distributed by the agricultural co-operatives. The agricultural co-operatives also distributed the supplies imported by U.N.R.R.A., and they supervise the pooling of agricultural products. On the subject of urban co-operatives—especially the consumer co-operatives, which contribute to the raising of the workers' standard of living—we would add the following observations. The Co-operatives as Distributive Agencies The co-operatives in Greece enjoy complete economic freedom within the framework of the general objectives they have freely set themselves and defined in their rules. Although they may be lacking in commercial experience, their activity is extensive. For example, the co-operative of the personnel of the Piraeus Port Authority, which has 735 members, had a turnover in 1947 of over 2,000 million drachmae ; the Public Employees' Co-operative Union had a turnover of 4,000 million drachmae in ten months. Many other examples could be cited. Regulations Preventing Co-operative Development All the laws and regulations introduced during the period of dictatorship or of enemy occupation tliat aimed at interference with the operation of the co-operatives have been formally repealed. Greek legislation on co-operatives is today inspired by a liberal APPENDICES 367 and democratic spirit, and refrains from all interference with their working. Credits Granted to Co-operatives Since December 1946, by a decision of the Currency Commission, an over-all credit of 25 million drachmae has been made available by the Bank of Greece for the benefit of consumer co-operatives. This credit represents 200,000 drachmae per member. The credits may be drawn on at any bank chosen by the cooperative, on the advice of a board which, as a rule, includes representatives of the co-operatives. Nearly half the sum allocated has already been utilised. Finally, the Government is considering the reopening of the co-operative school, which in its first period of activity gave good results and trained a large number of experts who are now directing agricultural co-operatives. Organisation of Administrative Services This question is of particular interest to the Government. It is causing considerable concern at the present time, and the efforts being made to solve it are hampered by established traditions and by the resistance of those whose interest it is to prolong the existing situation. The problem is sufficiently important to justify a special study. Any analysis should take into consideration the results of past experience, which may differ from one service to another. A committee of experts has been set up, which has undertaken the preparation of draft regulations for the public services with reference to the actual situation in the various services and to any new conditions which may have resulted from the co-ordinated and uniform policy that has been followed for some time, particularly in the economic and social field. As regards the adoption of means to increase the efficiency of administration and speed up the work, the following observations should be made. In order t h a t the Ministry of Labour may accomplish its task in the wide field which falls within its competence —a task that is expanding with the steadily increasing emphasis laid on social policy—it is imperative, especially under the difficult economic conditions of today, not only to carry out the necessary reforms with regard to the definition and exercise of functions in certain services, but also to reinforce, at least for the present, both the central and the regional services. In order to do this, the staffs must be brought up to the necessary strength by filling the existing gaps, as suggested by the Mission, so that the services concerned will be in a position to carry out the tasks assigned to them. We consider that the proposals which we have described and the efforts made represent a satisfactory application of the fundamental principle enunciated in the Report, that " the efficiency of an administration is primarily governed by the general measures taken to organise it on a rational plan which will facilitate its working " ; this plan should aim in particular at providing " each of these services with a personnel the strength of which is in proportion to the extent of its responsibilities ", the quality of the personnel itself being another factor that should be taken into account. 368 LABOUR PROBLEMS IN GREECE The Mission refers to the absence of close collaboration between the various statistical services. Legislation has been adopted to ensure the necessary co-ordination in this field, but it has not been possible to apply these measures since the liberation owing to the mobilisation of certain experts. We would point out that, conscious of this deficiency, we have insisted in the Bill concerning the statistical services prepared by the Ministry of Co-ordination that " the statistical service of the Ministry of Labour should be maintained, provided that it is properly organised and given the necessary personnel so that it may be in a position to furnish the fundamenta data indispensable to any analysis of the situation and to appraise the effects of any measures adopted ". The statistical services of the various Ministries would, naturally, continue to accomplish the tasks assigned to them, but, in order to co-ordinate their efforts and make methods of work uniform, it would be well, as we have suggested, that the Ministry of Co-ordination or some other department should be made responsible for centralising all statistics. The Report contains recommendations as to the transfer of duties to a new specialised body, and especially for taking over " all disputes arising out of industrial relations ". As mentioned in the section on social insurance, preparatory steps have already been taken to set up social insurance courts, and these will soon begin to function. Certain provisions will be adopted with regard to the composition and operation of these courts to enable them to deal also with labour disputes. We have no objections to raise in connection with the passage in the Report on staff regulations. On the contrary, we attach great importance to all the suggestions put forward. These seem to us to contain the essential principles of such regulations, the application of which is in our opinion the only method of securing an efficient and suitable staff. We would add that even before the war the matter was being studied in Greece, especially at the time of the organisation of the Social Insurance Institute, and that very good results have been, obtained in practice. One of the first steps necessary in order to attain the desired objective would be an improvement in salary rates for officials in the administrative services and the provision of suitable working conditions, but these reforms depend upon the financial resources of the country. The allocation of social insurance benefits is a point in connection with the reorganisation of the various services which calls for particular attention. This function is to be entrusted to individuals, and not to collective bodies as in the past. Experience has shown that better results are obtained when this responsibility is assumed by a person rather than by a collective body. Efforts are also being made to increase the value of the social insurance service ; the position of insured people will be studied with the greatest care and closest attention. It is true, as the Report states, that a rational organisation of the administrative system may ensure efficiency, but the main factor in the proper working of an administrative service is to be found-—as we noted above—in the intrinsic value of its personnel. We consider it desirable to state briefly our opinion on these problems. The experience in matters of social policy which we have acquired as a result of the work of the Ministry of Labour has shown the urgent need of finding methods to achieve the cohesion and equi- APPENDICES 369 librium indispensable to the social insurance services and to social agencies in general. In the last few years we have impressed on the personnel of the services in question that all social insurance problems must be solved rapidly because the people concerned need immediate assistance. If the objectives of social insurance are to be attained, distress must be relieved with as little delay as possible, and the formation of appropriate and competent administrative bodies is imperative if this task is to be accomplished. Adequate training not only enables an official to do his work easily, but makes him take a greater interest in it. But in estimating the efficiency of each official, account must be taken of what we would call his " professional maturity ". The official who has received an adequate training and is fully conscious of the meaning and intentions of social policy should be interested in every aspect of the service and, while considering them in an objective manner, he must bring to each the same care that he would devote to a personal matter ; he must assess their importance from the point of view of the general welfare ; he must show initiative and at the same time conform strictly to the legislation and not lose sight of the aims of the service. Nevertheless, the professional maturity of an official, which depends upon his personal qualities, can only be determined by close attention to the way in which he does his work ; it is for his superiors to decide in the matter. This is what we understand by " professional maturity ", an expression which corresponds to the " intrinsic value of the personnel " used by the Mission. The Report deals at some length with the emergency measures taken to purge the administrative services. The Mission observes that " in view of the exceptionally serious situation existing in the country, only the Government responsible for the fate of the country has competence to determine the nature and extent of the measures which it regards as necessary for purging the civil service and similar administrative bodies ". In this connection we would like to cite the remarks of a foreign publicist who, viewing conditions in Greece after the liberation, wrote : " Many things can happen if persons inspired by certain aims . . . succeed in penetrating into the public administration. These individuals can exert a steady influence, all the stronger because they occupy secondary posts and not those most in the public eye, since this makes it easier for them to avoid the check of public opinion and they do not have to answer for their acts to that same public opinion." Finally, with regard to the observations in the Report concerning the participation of officials in the various councils and committees, we would point out that such participation rests upon the basic principle of tripartite representation. For the reasons which we have set forth at the end of our remarks on social insurance, it is considered desirable and even indispensable that public officials should participate in these councils and committees and that they should preside over most of the social insurance agencies. Their specialised knowledge is particularly useful, and their presence ensures that uniformity of principle and action to which we have also referred at the end of the section on social insurance. APPENDIX II REPORT OF T H E SUPERVISORY COMMITTEE OF THE NINTH PAN-HELLENIC TRADE UNION CONGRESS The Ninth Pan-Hellenic Trade. Union Congress continued the series of Pan-Hellenic workers' congresses which began in 1918. In t h a t year, the Greek General Confederation of Labour was set up, and according to its rules a congress must be held every two years in order to constitute, as required by law, the general meeting of the members of the Confederation, which is the supreme trade union organisation in the country. The holding of the Congress had become imperative because, since August 1946, the Confederation had been administered by a Provisional Executive Committee appointed by the president of the court of first instance at Athens in pursuance of Article 69 of the Civil Code, a decision of the Council of State having declared the former Executive Committee of the Confederation devoid of legal existence. It was essential that the workers' organisations should be able freely to elect their supreme executive bodies and their delegates, and thus put an end to the abnormal situation in which the trade union movement in the country had been since 1936. In spite of the difficulty of communicating with the provincial centres, the great popular excitement and the antagonisms bred of political, ideological, or socio-political considerations or resulting from the events of 1944, preparations for the Congress were completed by the required date so that all the workers' centres and independent trade unions affiliated to the Confederation were able to convene in good time the general meetings of their members for electing their delegates. Under Article 27 of the rules of the Confederation, the Congress is composed of : (a) the members of the Executive Committee and of the Control Committee ; (b) the delegates of the workers' centres (one delegate for up to 10,000 members, two delegates for up to 30,000 members, three delegates for up to 50,000 members, four delegates for more than 50,000 members) ; (c) the delegates of the trade unions (one delegate for unions with not more than 500 members, two delegates for unions with over 500 and not more than 1,000 members, etc.). For the organisation of the Congress, which, originally convened for 7 December 1947, opened on 28 March 1948, the Confederation had distributed several circulars between 13 January and the end of February 1948, indicating clearly the prescribed number of dele- APPENDICES 371 gates to be appointed by each trade union, the method of voting to be applied in the general meetings, the obligation to ensure the presence of a representative of the judicial authorities to sign the records of the elections, etc. In circulars Nos. 45 and 48 of 1948, the Confederation made it clear that only organisations which were affiliated to it and whose delegates were provided with proper credentials would have the right to vote at the Congress, and that delegates of unions of pensioners, agricultural workers, tuberculous persons and pedlars would not be admitted to the Congress ; neither would delegates of antitrade union organisations be permitted access to the Congress, since these organisations must be absorbed into the existing trade unions. These clear and complete instructions were in conformity with the rules of the Confederation. On the ground that the Congress would have a beneficial influence on the further development of the trade union movement, the Government decided at the request of the Confederation that a public holiday (a Sunday) should be considered as a working day in all branches of activity and that one half of the additional wages paid for that day (the supplementary pay for Sunday work is 75 per cent, of the normal rate) would be turned over to the Confederation to cover the costs of the Congress and the delegates' expenses. The extra day's work was done on Sunday, 14 March. The results obtained were satisfactory, if allowance is made for the fact that 14 March was the last Sunday of Carnival, a festival very widely observed in Greece, for the financial situation of the country in general and of distributive trades in particular, and also for the fact that a certain number of large industrial undertakings remained closed on that day and did not authorise work. A large number of salaried employees (in banking, commerce, etc.) showed a disinclination to work on the last day of Carnival, and there were therefore many absences among them. There was, on the contrary, a large attendance of industrial workers ; it might even be said that they responded to the appeal without exception, save in those cases where the employers refused to open the works. Thus, in the Piraeus district the abstentions were about 20-25 per cent. ; in the Rouf region work was carried on in 14 out of 18 industrial undertakings, representing 65 per cent, of the total number of workers ; in the Nea Ionia region and in the provinces there was a 75 per cent, attendance. By a decision of the Council of Ministers, Congress delegates from the provinces were provided with free return tickets, by rail, boat or motorbus. The agenda of the Congress was drawn up within the prescribed time-limit ; it was issued in circular No. 41 of 13 January 1948 and also published in the press. The items were as follows : 1. Official opening of the Congress by the Secretary-General. 2. Election of the Credentials Committee. 3. Report of the Credentials Committee. 4. Election of officers (the President, three Vice-Presidents, three secretaries and three members). 5. Election of committees : (a) Committee on social and economic demands ; (b) Committee on methods of organisation ; 372 LABOUR PROBLEMS IN GREECE (c) (d) (e) (f) (g) 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. Committee on international relations ; Committee on amendments to the rules ; Committee on social insurance and legislation ; Committee on national and European reconstruction ; Administrative Control Committee. Administrative and financial report. Determination of policy of the Confederation. Social and financial demands of the Confederation. National and European reconstruction. Form and structure of the organisation. Workers' international relations. Amendment of the rules. Election of the Secretary-General and trade union bodies. Declaration to the working class. Closing of the Congress. It was decided that the Congress should be held in the Piraeus Theatre, lent by the municipality, and that it would open at 10 a.m. on 28 March 1948. It should be noted that during the three months of preparatory work, the members of the Provisional Executive Committee of the Confederation frequently visited the provincial towns in order to give instructions and to collaborate in convening the general meetings called to appoint the committees for the workers' centres and to elect the delegates to the Congress. A The preparations being complete, the delegates from trade unions and workers' centres began to arrive in Athens on 20 March 1948. They deposited with the Secretariat-General of the Confederation the minutes of the general meetings that elected them. The Secretariat, having received their credentials, drew up the list of trade unions which were members of the Confederation and of the delegates to the Ninth Trade Union Congress. The verification of credentials by the Confederation was completed, in accordance with the rules, on the evening before the opening of the Congress. The lists were then declared closed. The number of delegates was 1,544, representing 1,441 organisations. Comparison of these figures with the results of the three elections which took place during the course of the Congress shows that 72 delegates did not vote in these elections, either because they were absent or for other reasons. According to information supplied to us by the Confederation at our request, the unions and their delegates were registered, and the figures showing union membership and the number of voters in the general meetings for each town and branch were given, in the order of arrival of delegates and on the basis of the minutes of the general meetings duly signed by a representative of the judicial authorities. The inscriptions which figured in the register and the register itself must, therefore, be considered as authentic and official. APPENDICES 373 It is clear from the above that the Ninth Pan-Hellenic Trade Union Congress was representative in character. By comparison with the preceding Congress, it represented a larger number of workers, and it included delegates from nearly all the trade unions in all provincial centres where there are wage earners. It should be noted that before 1936 the number of trade unionists was not more than 70,000-80,000, and that only half that number paid their contributions regularly. Before 1920, when the Federation of Post, Telegraph and Telephone Workers (a public employees' union) belonged to the Confederation, at a time when, owing to social developments after the first World War, trade union organisation was strong in Greece, as elsewhere, there were 385 unions with 84,920 members, of which the most important were : tobacco workers, 16,000 ; railway workers, 9,000 ; seamen, 8,309 ; waiters, 3,345; carters, 3,065. The table below shows by towns the geographical distribution of the unions affiliated to the General Confederation of Labour, their membership, the number of voters at the general meetings, and the number of delegates to the Ninth Congress. Centre Athens Salónica.... Piraeus Patras Kavalla Volos Xanthi Drama Kalamata.. Iraklion Cyclades — Larissa Lesbos Corfu Euboia Edessa Aighion Pyrgos Naoussa. .. Chios Verroia. Komotini.. Kozani Canea Tripolis Lamia Jannina.... Trikkala... Agrinion... Serres Rethymnos. Elefsis Kilkis Missolonghi. No. of delegates No. of 207 180 122 81 44 39 22 26 40 34 43 44 46 36 43 21 32 35 4 14 12 21 13 23 19 17 18 15 7 15 26 14 7 7 165 115 108 78 32 34 19 24 40 34 43 44 46 36 43 21 31 35 2 14 12 21 13 23 19 17 18 15 7 15 26 14 7 7 unions Membership 56,905 45,524 22,895 8,100 7,816 5,705 4,802 3,398 2,448 3,410 2,750 — 2,346 2,794 2,014 2,252 1,942 1,398 1,608 2,336 1,088 1,472 1,224 1,055 1,106 968 877 991 870 857 799 789 728 574 No. of voters 33,201 20,881 11,361 6,655 4,861 3,656 3,403 2,287 2,018 2,332 2,360 — 2,168 1,658 1,327 1,088 1,365 1,208 1,000 1,050 631 987 699 623 816 687 624 862 525 600 683 614 492 498 374 LABOUR PROBLEMS IN GREECE Centre Zakynthos (Zante) Arta Messina Thebes Kefallinia (Ithaca) Salamis Porto Rafti Atalanti Stilis Rhodes Total No. of unions Membership- 18 18 6 7 9 18 7 15 9 8 5 6 7 6 7 6 6 4 6 3 7 4 4 2 2 1 1 1 1 1 1 18 4 18 18 6 7 9 18 7 15 9 8 5 6 7 6 7 6 6 4 6 3 7 4 4 2 2 1 1 1 1 1 1 18 4 575 583 901 468 545 495 530 349 268 416 185 358 378 252 132 175 144 195 108 95 — 76 114 18 59 36 23 — 38 48 62 — — 467 437 432 302 379 385 334 281 252 212 158 226 176 150 131 144 137 76 78 81 — 67 71 11 37 34 17 — 36 37 51 — — 1,545 1,396 201,266 119,329 No. oí delegates No. of voters The Congress thus represented more than 200,000 trade unionists, of whom more than 100,000 had attended the general meetings convened to elect delegates. It should be noted that the railway workers' and seamen's unions had not held a general meeting. In accordance with the special clauses that the rules of these unions include owing to the fact t h a t the nature of their occupation makes it impossible for the whole membership to attend general meetings at the headquarters of the union, their delegates were nominated by the general council of each organisation. This point was missed by some memners of the Credentials Committee, and the question was quite unnecessarily brought before the Congress. Constituted as we have indicated above, and arousing general interest both on the national and on the international level, the Ninth Pan-Hellenic Trade Union Congress commenced its work at the Piraeus Municipal Theatre, attended by 1,425 delegates of APPENDICES 375 workers' organisations and centres. The opening was marked by warm greetings from the Prime Minister published in the press, and from the Minister of Labour through Mr. Papalekas, SecretaryGeneral to the Ministry. Mr. Brown, representative of the American Federation of Labor, Mr. Simpson, Labour Attaché to the American Embassy, together with Mr. Miner, Mr. Strachan, Mr. Rudge and other foreign personalities, were present at the sittings. Mr. Price, of the International Labour Office, arrived on the second day of the Congress. There were also present the public officials specified by law : Mr. Papamichalopoulos, judge of the Piraeus court of first instance, as representative of the judicial authorities, and the members of the Ministry of Labour Supervisory Committee, under the chairmanship of Mr. Pavlakis, Secretary-General. No political personality or member of the Government had been invited, and none took part in the Congress. An adequate force of police, under the direction of Mr. Kanellopoulos, was responsible for the maintenance of order and displayed commendable tact and restraint. The Congress opened and began its work in auspicious circumstances. The speech by Mr. Brown, conveying the greetings of fifteen million organised workers in the United States and giving emphasis to the importance of the Congress for international trade unionism, made a great impression. The Congress members welcomed the representatives from abroad very cordially and greeted the name of President Truman in Mr. Strachan's address with enthusiasm. The first day was in fact devoted to eloquent speeches in honour of Greece and the Allied democracies. The presence and speech of the representative of the workers' organisations of the Dodecanese were greeted with special emotion. But towards the end of the sitting, the proposal put forward by the outgoing Executive Committee to set up a committee to examine the few contested credentials caused general agitation, and the profound divergence of views represented at the Congress began to make itself felt. The incident was provoked by the members of the E.R.E.P.-E.M.E. group (Reformists) who, in opposition to the outgoing Committee, intimated their intention of contesting the validity of hundreds of credentials, and demanded a general verification. The second day, except for the speech by Mr. Price, who had in the meantime arrived from Geneva, was devoted to useless interventions by delegates from various workers' centres, which prevented the Congress from beginning work on its agenda. The same thing happened on the third day, when all that was done was to read innumerable telegrams from the provinces. The Supervisory Committee, however, proceeded with its advisory function and gave the necessary instructions for the observance of the rules of the Confederation. On the third day, in response to written questions, it took two decisions which were communicated to the Congress and published in the press. By the first of these decisions, it ruled that as Mr. Theocharides, a Workers' Party deputy, had resigned from his position as member of the Provisional Executive, and as he had not been elected a delegate of any other trade union, his participation in the Congress was illegal unless—as the rules of the Confederation permitted— the Congress itself modified the decision of the Executive Committee accepting his resignation. 376 LABOUR PROBLEMS IN GREECE The second decision gave the opinion of the Supervisory Committee on the question of the anti-trade unionists and on the legal procedure for the first and second verifications of credentials. On the same day, a mixed Control Committee was at last appointed, with the task of supervising the election of the President and Vice-Presidents. The whole of the fourth day was devoted to the election of officers by secret ballot. This took place under the supervision of the representative of the judicial authorities and the Supervisory Committee, on the basis of the list of Congress members and the delegates' identity cards. The total number of delegates who voted was 1,345. The E.R.E.P.-E.M.E. candidate received 545 votes, the outgoing Committee candidate 478, and Mr. Dimitratos 287, the other papers being adjudged spoilt. The Supervisory Committee and the representative of the judicial authorities, interpreting liberally section 21, paragraph 2, of the Legislative Decree of 15 May 1920 concerning trade unions, and article 29 of the rules of the Confederation, declared the officers elected, under Mr. Antipas as President, even though he had not obtained an absolute majority. The officers began their work on the next day, the fifth day of the Congress. From then on, disagreement within the Congress became more marked ; there were continual altercations between the leaders of opposing groups, and their mutual recriminations augured anything but smooth working. The supporters of the outgoing Committee, after being subjected to violent and perhaps excessive attacks, mainly directed against their leaders, left the Congress, followed by 500 delegates chiefly from the northern provinces, with whom they held meetings during three days at the Piraeus workers' centre, in the course of which strong speeches were made against the other side. The Dimitratos group, which had continued for a further two days to attend the meetings at the Municipal Theatre, also withdrew and joined the meetings at the Piraeus workers' centre. The representatives of the independent unions of employees of banks and public utility undertakings, together with the Liberal trade union group, then withdrew after having placed a declaration in the hands of the officers. After these withdrawals, there were not enough delegates left in the Theatre to form a quorum and they confined themselves to criticising those who had withdrawn. As a result of the intervention of the foreign trade unionists—in particular, Mr. Brown—who watched the proceedings with disappointment, some efforts at reconciliation were made ; the officers promised that the freedom of speech and opinion of the opposition would be respected, and in this way the dissident elements were able to return. The report of the outgoing.Committ.ee was then presented and adopted. On the tenth day the Congress met in a regular manner with all groups taking part and, for the first time, the discussion of the items on the agenda began. Mr. Patsantzis, Secretary-General of the outgoing Committee, read his report, in which he analysed in detail the Greek trade union movement since the war, the efforts made and steps taken by the Executive Committee and the results obtained. . . . Nevertheless, it was impossible to proceed to any of the other questions on the agenda, and the Congress was drawn into futile recriminations and personal conflicts. The tension thus produced, APPENDICES 377 together with the more or less evident inability of the President to direct the debates, led finally to complete disorder. It is to be regretted that the Congress did not discuss the serious studies and the suggestions by the outgoing Committee on vital questions concerning trade union organisation and the working class in general. These suggestions related to the following points : 1. Elaboration of new rules for the Confederation. 2. Form and organisation of the trade union movement. 3. Labour legislation. 4. Social insurance. 5. Immediate demands. 6. Unemployment. 7. Organisation of young workers. 8. Financial report of the Confederation for the period 1 August 1946 to 31 December 1947. 9. Report on questions of international relations. 10. Report on the Marshall Plan. The texts prepared expressed the views of the Confederation on the above questions. The opinions of the other large group (E.R.E.P.-E.M.E.) were given in part in the speech by their representative, Mr. Kyriakopoulos, now one of the officers of the Confederation. A representative of the E.R.E.P.-E.M.E. group mounted the rostrum and severely criticised the outgoing Committee, and from that moment it became clear that it would be impossible for the Congress to proceed with its meetings in a normal manner, for lack of the mutual tolerance necessary to regular discussion. But in spite of the uproar, it was decided to proceed on the morrow with the election of the Secretary-General. This election was held on 6 April under the supervision of the judicial representative, the Supervisory Committee and the representative of the Ministry of Labour. The voting went on well into the night. Once again the official list of delegates was used. The names of 25 delegates with proper credentials, of whom 21 were late arrivals from Zante, were added to the list by the judicial representative in virtue of his powers under the law and with the approval of the various groups. Three candidates for the office of Secretary-General had accepted nomination : Mr. F. Makris, Mr. A. Dimitratos and Mr. A. Strouzas. The day before, a group of 15 delegates belonging to the Left group, the majority of them from Salónica, had handed in a declaration—also published in the press—in which they stated that, considering the turn which the work of the Congress had taken and the personal conflicts taking place, they had decided to withdraw. The election of the Secretary-General took place without incident and, thanks to the vigilance of the judicial representative and the Supervisory Committee, no irregularity occurred, in spite of the violent outbursts from both sides. The counting of voting papers went on until the early hours of the next morning and the results were as follows : A. Dimitratos, 750 votes ; F. Makris, 579 votes ; A. Strouzas, 38 votes ; voting papers adjudged spoilt, 68. These results showed clearly that the party of the outgoing Committee, 25 378 LABOUR PROBLEMS IN GREECE who had not proposed a candidate for the office of Secretary-General, had voted for Mr. Dimitratos, thus giving him the above number of votes. In accordance with Article 29 of the rules of the Confederation, candidates for the office of Secretary-General and members of executive bodies must be elected by an absolute maj ority of the members of the Congress ; therefore, the number of Congress members being 1,569, 786 votes were necessary. As no candidate received this number of votes, the election of the Secretary-General and of the members of the executive bodies was bound to lead to a deadlock owing to the uncompromising attitude of the various groups. Thus the principal object of holding the Congress, the appointment of the executive bodies, would not be achieved. In view of this deadlock and of the risk of leaving the Confederation without regular administration, the Government, realising the imperative need of settling the question, decided the following morning, in agreement with the competent parliamentary committee, to issue a Legislative Decree providing that the system of proportional representation, as defined in Act No. 986/1945, should thenceforward apply in trade union elections if, in the freely expressed opinion of the judicial representative supervising the voting, it would be difficult to arrive at a result by following strictly the rules as to trade union elections (Legislative Decree No. 589, 8 April 1948). After considering the situation, and in pursuance of the abovementioned Decree, Mr. Papamichalopoulos, judge of the court of first instance and judicial representative at the Congress, who had concluded that it would be impossible to elect the executive bodies of the Confederation in accordance with the rules, decided to apply the system of proportional representation to the elections of the Ninth Congress (decision No. 1, 1948). This decision was announced by the judge himself to the Congress, which, after an interruption of two days, met to appoint a Control Committee before proceeding to the election of the executive bodies ; in accordance with the new law, it was for the new Executive Committee to elect the Secretary-General. The representatives of the organised working class, and particularly those from the provinces, welcomed with relief the initiative taken by the Government. Only Mr. Dimitratos raised a strong protest against this proceeding, but he was opposed by the majority of the Congress members, who withdrew from the meeting. Appealing to an article of the Civil Code, inapplicable in the case in question since the matter is regulated differently in the rules, Mr. Dimitratos claimed that, having received a majority of the votes cast, he was, in fact, the elected Secretary-General of the Confederation, and he added that he intended to exercise his rights and abstain from taking part in any other election. During the same morning, the Lascaris group intimated that they would in future abstain from taking part in the work of the Congress, since it had departed from its purposes and since the State, by adopting the measure referred to above, had intervened in trade union affairs. On the same day a number of delegates returned to the provinces. Finally, after discussion of various questions of minor importance and after the appointment of a Control Committee, the President gave way to the pressure of events. He observed that members were APPENDICES 379 becoming tired and that they were coming to the end of their financial resources, and he accordingly declared the debates closed and announced that the election of all the executive bodies of the Confederation would take place on the next day, in accordance with the rules. The judicial representative announced that he would be at the court of first instance from 8 to 11 p.m. in order to register nominations of candidates, and he invited the Control Committee to be present. Late in the evening, the various groups handed in their nominations, and two complete lists were established for the election of the Executive Committee and Control Committee (one for the E.R.E.P.E.M.E. group and the other for the outgoing Committee group). A third list—incomplete—was presented by the unions of employees in banks and public utility undertakings, also for the election of the Executive and Control Committees, and Mr. Thiopoulos submitted his own candidature for the Executive Committee. The representatives of the Confederation in the Supervisory Committee protested against the nomination of Mr. Theocharides and declined to sit on the Committee, where they were replaced by other observers from the same group. In spite of its decision regarding the exclusion of Mr. Theocharides from the Congress, the Supervisory Committee did not consult the judicial representative as to the validity of his candidature, since the Congress had the right to revise the decision of the Executive Committee accepting his resignation. In point of fact, the Congress had, in the absence of opposition but with the necessary quorum, revised that decision, and Mr. Theocharides was from that moment considered as a member of the Congress. A copy of the decision of the Congress was inserted in the nominations file. With a view to making the working of the proportional representation system now being applied for the first time as clear as possible to candidates and voters, the Supervisory Committee of the Ministry sent out a circular on the same day, giving an analysis of the regulations, together with complete instructions as to the method of voting and a list of the executive bodies to be elected in accordance with the rules, namely : the Executive Committee, 19 members ; the Control Committee, 9 members ; the General Council, 19 members ; the National Council, 12 members. Thousands of copies of the circular were printed and it was distributed to all Congress members in order to guide them in the exercise of their right to vote. On the next day, Saturday, 10 April, the fourteenth day of the Congress, the operations for the appointment of the above-mentioned bodies of the Confederation began, under the supervision of the judicial representative and in the presence of the Control Committee, as before. The voting papers carrying the names of candidates were printed during the night. Each member of Congress, present in person, signed the register opposite his name and his number and, after the stamping of his card, received a copy of each voting paper and an envelope which he was to seal in a polling booth. This envelope was then placed in the urn in the presence of the judge, who then placed his signature on the elector's card. It should be stated that the three elections, each of which occupied a whole day, were carried out under normal and straightforward 380 LABOUR PROBLEMS IN GREECE conditions, on the basis of the list of Congress members and the delegates' cards, delegates being obligad to present themselves in person. There were no incidents, and all the members showed complete confidence in the judicial representative and in the Control Committee, who exercised strict control. A few insignificant differences were immediately settled after intervention by the Control Committee, and there was no case of double voting, falsification or irregularity. The counting of the votes began on the same evening. The number of voters was 1,224, and votes were cast as follows : E.R.E.P.-E.M.E Outgoing Committee Independent unions Single candidate Spoilt papers . . . . . . . . . . . . . . . . . . . . . . . 577 545 39 43 20 In accordance with Act No. 986/1946, now again in force, the distribution of seats is based on the electoral quotient, that is, the ratio of the number of valid voting papers to the number of seats to be filled. In the second ballot, the seats not allocated are divided among the lists which have already obtained at least one seat and which have a balance of votes higher than or equal to one third of the quotient. In the third ballot, the seats still to be allocated revert to those lists which have obtained the greatest number of votes. On this basis, the seats were distributed as follows : / Executive Committee I electoral quotient : 1,225 E.R.E.P.-E.M.E Outgoing Committee Mr. Thiopoulos Total ( Control Committee I electoral quotient : 1,225 \ -' ) E.R.E.P.-E.M.E Outgoing Committee Total ( electoral quotient : 5 £ 9 1 00^ - ~ - E.R.E.P.-E.M.E Outgoing Committee Total National Council (electoral quotient : E.R.E.P.-E.M.E Outgoing Committee Total 5 £ 9 1,225 12 6 6 12 381 APPENDICES Under the rules of the Confederation the National Council also comprises certain non-elected members, including : (1) the presidents and secretaries-general of local federations (workers' centres or officers of local federations) ; (2) secretaries (or substitutes) of trade secretariats ; (3) members of the General Council ; (4) members of the Executive Committee and of the Control Committee. Counting continued during the next two days. Results were announced according to the number of votes obtained by each candidate on the various lists. The minutes of the election proceedings having been drawn up and duly signed, the work of the Congress was brought to a close on Monday, 12 April, the sixteenth day after the opening, and the provincial delegates returned to their homes. These were the circumstances in which the Congress took place, a Congress which aroused the greatest interest on the part of the Greek and foreign press and radio and which was regarded as of great national and international importance. It is not for us, the members of the Supervisory Committee, who were embarrassed witnesses of the agitation and conflict which developed in the midst of the Congress, to comment on its more general aspects. There can be no doubt that the Congress was successful in so far as its preparation and organisation were concerned, and in so far as it represented the great majority of workers throughout the country ; but there can be as little doubt that the hopes placed in it as a collective, deliberative body were not realised. Certain Democratic and Left Socialist views were not unrepresented at the Congress, and some delegates, already known for their opinions, declared their support of these views. Athens, 20 April 1948. The Supervisory Committee : (Signed) M. PAPALEKAS, Secretary-General of the Ministry of Labour. K. CHRYSANTHOPOULOS ) S. KLADAS J ? 1 ^ t o r s in the _,. . . ,v K. MALATESTAS i Mimstry of Labour.