Presentation for the Equinet Seminar on Tackling discrimination and protection for carers in Europe The Greek Labor Inspectorate and its cooperation with the Greek Ombudsman

The Labor Inspectorate The Labor Inspection Body (SEPE) is the audit mechanism established by Law 3996/2011 (170 / A) The S.EP.E reports directly to the Minister of Employment and Social Protection and is under the supervision of a Special Secretary , appointed by the Government (article 53 Presidential Degree 63/2005 , article 1 Law 3996/2011)

The structure of the Labor Inspectorate Of Safety and Health at Work CENTRAL SERVICE a) Special Labor Inspectors Service. b) Directorate for Planning and Coordination of the Labor Inspection offices c) Directorate for Planning and Coordination of the Health and Safety inspection offices d) Directorate of Support 2. REGIONAL SERVICES (a) Regional Labor Inspection Departments (b) Regional Safety Inspection Departments Of Safety and Health at Work

Investigate cases of illegal employment of workers Mission Statement Article 2 of Law 3996/2011 The role of the Labor Inspectorate is to oversee and monitor the application of labor law provisions Investigate cases of illegal employment of workers Reconciliation and resolution of labor disputes Provide information to workers and employers regarding the most effective means of compliance The imposition of sanctions

The equal Treatment Principle Labour Inspectorate SEPE has the responsibility: 1)to supervise the enforcement of labor law provisions especially in cases that have to do working conditions of vulnerable groups of workers such as minors , young people, women in pregnancy or childbirth, people with disabilities 2) to monitor the implementation of the principle of equal opportunities and equal treatment of men and women in employment, as well as compliance with the provisions on maternity protection irrespective of racial or ethnic origin, religious or other beliefs, disability, age or sexual orientation 3)to monitor compliance with the equal treatment of persons with disabilities, including HIV positive to provide advice and ensure that employers shall make all reasonable adjustments by taking all appropriate measures to ensure, in particular, that disabled persons have access to and remain in employment

Cooperation with the Ombudsman Pursuant to the provisions of Article 20 of Law 4443/2016 labor inspectorates inform and cooperate with the Ombudsman Public Services responsible for the inspection, control or sanctioning of private businesses, such as local Labor Inspectorates , if they receive complaints about the application of this law, carry out their legal investigation and inform the Ombudsman without delay Labor inspectorates deal with relevant complaints and upon the order of the Ombudsman

N.4144 / 2013 Article 23 Resolving Labor Disputes Labor Disputes are all kinds of disagreements between employees and employers arising from the employment relationship with regard to the implementation and enforcement of labor law provisions For the purpose of resolving labor disputes, the employee (s) , the employer and the relevant trade union organizations have the right to request the intervention of the Labor Inspector The procedure for resolving the labor dispute begins with the submission of a relevant application by the person concerned. The content of the complaint constitutes the basis for the discussion of the dispute.

The labour dispute commission (tripartite commitee) consists of a chair (an employee of the local labour inspectorate) and an equal number of representatives of employees and employers. When discussing a labor dispute, the parties are required to appear in person, either with a legal representative or with another authorized person. At the end of the discussion, a report shall be drawn up signed by the parties present and the Labor Inspector, who shall be required to make an opinion on the dispute.

According to Article 20 of Law 4443/2016 The Ombudsman has the right to investigate and form the final conclusion A deviation from the Ombudsman report is only permitted by a full and detailed explanation.

The labour inspectors are responsible for the enforcement of the administrative sanctions after the Ombudsman has draw an official report. According to Article 11 N 4443/2016 Discrimination in violation of the provisions of this law constitutes a violation of labor law for which the administrative sanctions of Article 24 of Law 3996/2011 and Article 23 of Law 3896/2010 are imposed by the Labor Inspectorate.

Dismissals due to pregnacy According to Art. 36 par. 1 of Law 3996/2011 "the termination of the employment relationship during pregnancy is prohibited for a time period of 18 months after delivery or even for a longer term due to illness to pregnancy or childbirth unless there is a good reason. The provisions of the current legal framework do not determine what is considered to be an important reason for dismissing an employee in a maternity protection status. The judgment belongs to the courts which will examine the facts of the case.

Thank you for your attention