The European Committee of Social Rights (ECSR) adopted during its 340th session (18-22 March 2024):
The complaint was registered on 6 June 2023. It relates to Articles 3 (the right to safe and healthy working conditions), 5 (the right to organise), 6 (the right to bargain collectively), 9 (the right to vocational guidance) and 19 (the right of migrant workers and their families to protection and assistance) of the revised European Social Charter. The complainant trade unions allege that the removal by the Government of the Autonomous Community of Castilla y León of resources and funding for programmes run by the complainant trade unions prevents them from pursuing their activities, which include the prevention of occupational risks, the promotion of collective bargaining, the peaceful resolution of labour disputes, vocational guidance for employment, the social and occupational integration of migrant workers as well as the promotion of social dialogue, in breach of the aforementioned provisions of the Charter.
The ECSR unanimously declared the complaint admissible on 19 March 2024.
The complaint was registered on 18 September 2023. It concerns Articles 16 (the right of the family to social, legal and economic protection), 30 (the right to protection against poverty and social exclusion) and 31 (the right to housing) and Article E (non-discrimination) in conjunction with each of the concerned provisions of the revised European Social Charter. ERRC alleges that Article 4 of Law No. 2018-957 of 7 November 2018, aimed at strengthening the penal sanctions applicable to illegal halting by Travellers, which amended Article 322-4-1 of the Criminal Code by providing for imposition of fixed fines for the criminal offense of illegal halting in order to set up a home even temporarily on a site (amende forfaitaire délictuelle pour installation illicite en vue d'établir une habitation même temporaire sur un terrain) is in breach of Articles 16, 30 and 31 of the Charter, in that France has failed in its obligation to provide effective access to housing for Travellers. On the one hand, ERRC maintains that the fixed fines for illegal halting contribute to systemic discrimination and housing segregation in respect of Travellers. On the other hand, ERRC states that the expeditious procedure for the imposition of said fines, which does not take into account the situation of the affected persons, exacerbates the exclusion of Travellers in violation of Article E read in conjunction with the aforementioned provisions of the Charter.
The ECSR unanimously declared the complaint admissible on 20 March 2024.
The complaint was registered on 15 March 2023. It concerns Article E (non-discrimination) in conjunction with Articles 2 (right to just conditions of work), 4 (right to a fair remuneration), 20 (the right to equal opportunities and equal treatment in matters of employment and occupation without discrimination on the grounds of sex), 22 (the right to take part in the determination and improvement of the working conditions and working environment) and 26 (the right of dignity at work) of the revised European Social Charter. Dirigentiscuola alleges that the difference in remuneration between school managers and other managers of the same ranking, belonging to the Public Administration of the Ministry of Education and Merit, as provided by Law No. 145/2018, Decree of the President of the Council of Ministers No. 166/2020 and Law No. 197/2023, is not in conformity with Article E read in conjunction with Articles 2, 4, 20, 22 and 26 of the Charter.
The ECSR, by 14 votes against 1, declared the complaint inadmissible on 21 March 2024.
- The decision on the merits in Unión General de Trabajadores (UGT) v. Spain, Complaint No. 207/2022
The complaint was registered on 24 March 2022. It concerns Article 24 (right to protection in cases of termination of employment) of the revised European Social Charter. UGT alleged that the mechanism for compensation in cases of termination of employment without a valid reason provided for in national legislation and as interpreted in domestic case law, does not allow victims of dismissal without a valid reason to obtain a compensation which is adequate to cover the damage suffered and does not have a dissuasive effect for employers, in violation of Article 24 of the Charter. In particular, the worker is only entitled to compensation automatically by law that sets a maximum ceiling and does not take into account the actual damage suffered.
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 a recommendation, or no later than four months after it has been transmitted to the Committee of Ministers.
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