The European Committee of Social Rights (ECSR) adopted during its 345th session (2-6 December 2024):
The complaint was registered on 2 January 2024. It relates to Articles 1 (the right to work), 4 (the right to a fair remuneration), 12 (the right to social security) and 30 (the right to protection against poverty and social exclusion) of the revised European Social Charter. CUB alleges that Italy is in breach of the aforementioned provisions of the Charter, by failing to provide for any form of universal basic income or legal minimum wage level, despite the high rates of poverty and social exclusion among the population, as well as an increasing number of workers with an income below the poverty threshold. The CUB also complains about the insufficient measures to encourage collective bargaining and reduce so-called ‘pirate’ collective agreements and the various forms of precarious employment.
The ECSR unanimously declared the complaint admissible on 2 December 2024.
The complaint was registered on 13 November 2023. It concerns Articles 5 (the right to organise), 6 (the right to bargain collectively) and 12 (the right to social security) of the Revised European Social Charter. ANPIT and CISAL, allege that Article 22 of Decree-Law No. 18 of 17 March 2020, as transposed into Law No. 27 of 24 April 2020 laying down the criteria for benefitting from accessing the wage supplement fund on an exceptional basis for the duration of the Covid-19 emergency is not in conformity with Articles 5, 6 and 12 of the Charter. The complainant organisations allege that the above provision, which mandates signing an agreement with the most representative trade unions at national level while excluding those trade unions which have signed the collective agreements applied in the respective companies, undermines the principles of pluralism, representativeness and effectiveness of trade union action as guaranteed by the Charter.
The ECSR unanimously declared the complaint inadmissible on 3 December 2024.
- The decision on the merits in Open Society European Policy Institute (OSEPI) v. Bulgaria, Complaint No. 204/2022
The complaint was registered on 25 January 2022. It concerns Articles 11 (the right to the protection of health) and Article E (non-discrimination) in conjunction with this provision of the revised European Social Charter. OSEPI alleges that, in the context of the Covid-19 pandemic and distribution of Covid-19 vaccines, Bulgaria has failed to protect the right to protection of health of older adults and persons with underlying medical conditions, by not providing them with a priority and effective access to Covid-19 vaccines, by failing to develop a communication campaign and strategy about Covid-19 vaccines and by failing to provide guidance and training to health care staff in breach of Article 11§§1, 2 et 3 of the Charter. OSEPI further alleged that that Bulgaria discriminated against these groups in vaccine distribution, both compared to the general population and to other prioritised groups, in violation of Article E read in conjunction with Article 11 of the 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 a recommendation, or no later than four months after it has been transmitted to the Committee of Ministers.
- The decision on the merits in Confederación Sindical de Comisiones Obreras (CCOO) v. Spain, Complaint No. 218/2022
The complaint was registered on 18 November 2022. It relates to Article 24 (right to protection in cases of termination of employment) of the Revised European Social Charter. The CCOO trade union confederation alleged that the situation in Spain constitutes a violation of Article 24 of the Charter on the grounds that: the courts are not allowed to order reinstatement as an appropriate remedy for unfair dismissal, regardless of the circumstances and conduct of the parties; the courts are not allowed to order reinstatement as an appropriate remedy for unfair dismissal in situations in which it is established that the dismissal is a fraudulent act aimed at removing workers from their employment as a means of preventing the exercise of the rights to which they may be entitled under the Charter or its Protocols; the mechanism for compensation in cases of unfair dismissal does not allow victims to claim additional compensation linked to the actual damage suffered; the mechanism for compensation in cases of unfair dismissal does not allow victims to obtain a minimum, accessible and effective compensation that would have a dissuasive effect for employers; the compensation is insufficient for the damage suffered as a result of successive temporary contracts concluded in fraud of law, especially in respect of workers under temporary contracts in public administrations, as they receive lower compensation than that provided for in cases of unfair dismissal.
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.
- The decision on the merits in Fédération SUD Santé-Sociaux v. France, Complaint No. 226/2023
The complaint was registered on 6 June 2023. It relates to Articles 4 (right to a fair remuneration) and 6 (right to bargain collectively) as well as Article E (non-discrimination) in conjunction with each of the aforementioned provisions of the revised European Social Charter. Fédération SUD Santé-Sociaux alleged that the French Government, by adopting Decrees No 2021-1406, No 2021-1407, No 2021-1408 and No 2021-1409 of 29 October 2021 concerning the working conditions of public servants in the health and social care sector, has failed to comply with the agreements of 13 July 2020, known as the "Ségur de la Santé" Agreements in violation of Article 6 of the Charter. It further considers that the decrees at issue also establish a difference in treatment between the healthcare workers in the “active” category and those in the “sedentary” category in breach of Article E read in conjunction with Articles 6 and 4 of the 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 a recommendation, or no later than four months after it has been transmitted to the Committee of Ministers.
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