Social Rights

The European Committee of Social Rights adopted during its 325th session (24-28 January 2022):

• The decision on admissibility in European Organisation of Military Associations and Trade Unions (EUROMIL) v. Portugal, Complaint No. 199/2021

The complaint was registered on 12 May 2021. EUROMIL alleges that the Portuguese professional military associations are not allowed to exercise their trade union rights and hence to bargain collectively for the protection of the economic and social interests of their members, in violation of Article 5 (the rights to organise) of the Revised European Social Charter (“the Charter”). EUROMIL also alleges that Portugal fails to promote either joint consultation or voluntary bargaining mechanisms, for the purpose of regulating the terms and conditions of employment by means of collective agreements between military associations and the Ministry of National Defence (as an employer), and that it bars military associations, as workers' organisations, from exercising the right to strike, in violation of Article 6§§1, 2 and 4 (the right to bargain collectively) of the Charter. Finally, EUROMIL maintains that the prohibition of trade union rights for military personnel in Portugal is neither necessary nor appropriate within the meaning of Article G (restrictions) of the Charter.

The Committee unanimously declared the complaint admissible on 25 January 2022.

• The decision on the merits in Unione sindacale di base (USB) v. Italy, Complaint No. 170/2018

The complaint was registered on 9 August 2018. USB alleged that Italian legislation and case law do not adequately protect “socially useful workers” in Sicily and Campania who carry out regular work which should be assigned to employees under permanent or fixed-term contracts. A permanent or fixed-term contract regime would enable stable employment, earn a living through work freely undertaken, sufficient remuneration, and career progress. In addition, USB alleges that “socially useful workers” do not enjoy a reasonable period of notice of dismissal, the right to protection against termination of their employment without a valid reason or to appeal against such termination and request compensation. USB further alleged that this category of workers suffers discrimination in comparison with staff on permanent or fixed-term contracts as regards alternative social security protection and the right to be granted regular employment status with the public administration which uses their services. In view of this, USB asked the Committee to find that the situation in Italy is in breach of Articles 1§§1 and 2 (the right to work), 4§§1 and 4 (the right to a fair remuneration), 5 (the right to organise), 6§4 (the right to bargain collectively – collective action), 12§1 (the right to social security) and 24 (the right to protection in case of dismissal) read alone as well as of Article E ((non-discrimination) read in conjunction with each of the aforementioned provisions of the Revised European Social Charter.

Pursuant to Article 8§2 of the Protocol providing for a system of collective complaints, this decision will not be made public until after the Committee of Ministers has adopted a resolution, or no later than four months after it has been transmitted to the Committee of Ministers.