Overall assessment

AuthorPanagiota Petroglou
12 Overall assessment
The following transposition problems were mentioned in this report:
1. New definitions of general concepts falling short of national and EU gender equality
Act 4604/2019 amended the existing definitions of direct discrimination (see 3.3.1 above),
indirect discrimination ( see 3.4.1 above), sexual harassment (s ee 3.7.3 above) , multiple
discrimination (see 3.5.1 above) and positive action (see 3.6.1 above), falling short of the
gender equality EU acq uis. By omitting an y reference to Directive 2006/54/EC, Greece is
in clear violation of its implementation requirements. Moreover, this undermines the
coherence of national law implementing the gender equality and anti-discrimination
Directives and c reates a la ck of clarity and leg al uncertainty, which is not allowed by EU
law in the implementation of the Directives.
2. Equal pay: Non-implementation of the pay transparency Recommendation 2014/124
Despite the provision of Article 4(2)(a) Act 389 6/2010, copying that of Directive 2006/54
on job clas sification, there is no case law on the provision of Arti cle 4(1) Act 3896/2010
or in general in relation to sex-based discrimination in job classificatio n systems or any
other instruments designated to assist in establishing gender-neutral j ob evaluation and
pay systems, and no monitoring of job classification. Consequently, there is no awareness,
hence no application of the n otion of equal value (see 4.2.3 and 4.2.4 above). To make
things wo rse, th e meas ures p roposed in Recommend ation 2014/124 have neither been
implemented by legislati on nor by collective agreements. This lack of transparency
together with the fact that non-transparent job classifications that have traditionally been
considered fair, due to stereotypes to the detriment of formerly ΡfemaleΣ (and still female-
dominated) categories still not having been revised renders the legal provisions on equal
pay, to a great extent, ineffective (see 4.2.11 above).
3. Conditions for maternity allowance in breach of Directive 92/85/EEC
In breach of Article 11(4) of Directive 92/85/EEC, social security legislation makes the
payment of the maternity allowance conditional upon the completion of 200 working days
during the 2 years preceding the commencement of maternity leave. Moreover, in breach
of Article 11(3) of Directive 92/85/EEC, the granting of maternity allowance is sub ject to
stricter cond itions than the granting of sickness allowance (th e grant ing of the latter is
subject to 75 working days in the year preceding the notification of the sickness, reduced
to 50 days as of 1 January 2020) (see 5.3.7 above).
4. Female salaried lawyers not entitled to ΡadequateΣ maternity allowance
Non-entitlement of female salaried lawyers to a maternity allowance by the competent
social security scheme ΡEFKAΣ due to the non-adoption of the Single Benefits Regulation of
the latter, in breach of Article 11(2)(b) Directive 92 /85, which explicitly provides for an
ΡadequateΣ maternity allowance (see 5.3.5 (i) above).
5. Non-renewal of a fixed-term employment contract of female workers due to their
state of pregnancy and/or maternity not covered by protection against dismissal
According to the Greek jurisprudence, female workers on a fixed-term contract enjoy
protection against dismi ssal connected t o their state of pregnancy and/or maternity onl y
until the expiry of their contract, whereas the non-renewal of their fixed-term contract is
not covered (see 4.3.4 above).

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