48
234. It follows from the newer interpretation that states' obligation under Article 2§4
of the Charter consists in measures to compensate for residual risks. By this, the
Committee means situations in which workers are exposed to risks that it is not
possible or has not yet been possible to eliminate or sufficiently reduce despite the
application of the preventive and protective measures referred to in Articles 3 and 11
or in the absence of their application.
235. In this case, it considers that the mining industry is still one of the particularly
dangerous industries in which workers’ health and safety risks cannot be eliminated,
and that Greek law still classifies mining as an arduous and hazardous occupation. It
therefore considers that, in addition to preventive and protective measure, the state
was required to provide for compensation in this sector.
236. Article 2§4 mentions two forms of compensation, namely reduced daily
working hours and additional paid holidays. In its examination of reports under the
revised Charter, the Committee has stated that other means of reducing the length of
exposure to risks may be considered acceptable (Conclusions 2003, Bulgaria, Article
2§4 of the revised Charter, pp. 24-27). It states that under no circumstances can
financial compensation be considered an appropriate response under Article 2§4.
Apart from this particular situation, the Committee will rule on the suitability of other
approaches not in the abstract but case by case. For example, in a situation where a
measure of this type was contemplated as a general solution, making no distinction
according to the type and nature of the risk involved, it ruled that a reduction in the
number of years of exposure was not an appropriate measure in all cases (ibid).
237. Greek law does provide for compensation for miners because of the arduous
nature of their work, such as early retirement and special bonuses for most DEH
mine staff and additional leave for those working shifts. However, such measure
must be implemented by collective agreements.
238. The Greek Government argues that it cannot be held responsible for the lack
of provisions on this subject in collective agreements. The Committee points out that
while states party can choose to leave it to collective agreements to ensure that the
Charter is implemented, the “state” – whether a legislative, regulatory or judiciary
body – must guarantee the effectiveness of rights (Confederation of Swedish
Enterprise against Sweden (No. 12/2002), decision on the merits of 15 March 2003,
§27; see also European Roma Rights Center v. Greece, complaint No. 15/2003,
decision on the merits of 8 December 2004, §29);
239. In the present case, current Greek legislation does not require collective
agreements to provide for compensation pursuing the aim intended by Article 2§4,
although employers and employees are of course at liberty to do so themselves.
The Committee considers therefore that the collective bargaining procedure does not
offer sufficient safeguards to ensure compliance with Article 2§4. Moreover, the
Committee also notes that the Government has taken no subsequent steps to enforce
the right embodied in Article 2§4.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents