The Governmental Committee of the European Social Charter and European Code of Social Security, composed of representatives of the States party to the Charter and assisted by observers representing European employers’ organisations and trade unions (European Trade Union Confederation (ETUC), Business Europe (ex UNICE) and International Organisation of Employers (IOE), considers conclusions of non-conformity adopted by the European Committee of Social Rights in the months following their publication.

The State concerned must be in a position to set out the measures which it has taken or which it is contemplating taking in order to remedy the situation and, in the latter case, has to provide a timetable for achieving compliance.

In the event that the Governmental Committee considers that it is not envisaged to remedy a violation and take action on a decision of non-compliance, it may propose that the Committee of Ministers address a Recommendation to the State concerned. A recommendation calls on the State concerned to take appropriate measures to remedy the situation. Every year, the Governmental Committee presents a report to the Committee of Ministers.

Since 2001 this report has been submitted in an abridged version. Since 2002, the Governmental Committee has presented a report concerning the European Social Charter (revised) in addition to its report concerning the European Social Charter. Detailed reports are available below.

 Bureau membership

Bureau members, elected for a 2-year period 2022-2023

  • Chairman: Aongus HORGAN (Ireland)
  • Member : Julie GOMIS (France)
  • Member: Velga LAZDINA-ZAKA (Latvia)
  • Member: Yvette KALDEN (The Netherlands)
  • Member: Ylber ZEJNULLAHU (Belgium)

 Calendar of Meetings

Meetings in 2024

  • 148th meeting of the GC, 13-17 May 2024
  • 149th meeting of the GC, 25-29 November 2024

Meetings held in 2023

  • 146th meeting of the GC, 9-12 May 2023
  • 147th meeting of the GC, 27 November-1 December 2023

Indietro The European Committee of Social Rights publishes its Conclusions on Labour Rights

The European Committee of Social Rights publishes its Conclusions on Labour Rights

The European Committee of Social Rights (ECSR) today published its Conclusions 2022 in respect of 33 States on the articles of the European Social Charter relating to Labour Rights.

In the framework of the reporting procedure, the ECSR adopted 611 conclusions: 255 conclusions of conformity with the Charter and 245 conclusions of non-conformity. In 111 cases, the ECSR was unable to assess the situation due to insufficient information ("deferrals").

In the framework of the right to just conditions of work the ECSR found that in some countries the law does not guarantee the right to reasonable weekly working hours for certain categories of workers and noted that in some jobs the working day may exceed 16 hours and even be as long as 24 hours.

In many countries, the ECSR concluded that the work performed on a public holiday is not adequately compensated and that the right of all workers to public holidays with pay is not guaranteed. Also in some countries workers who suffer from illness or injury while on holiday are not entitled to take the days lost at another time.

The information provided to the ECSR on fair remuneration revealed that in a number of countries, the statutory minimum wage or the lowest wages fixed by collective agreements were too low in comparison with the average wage and did not ensure a decent standard of living.

With respect to the obligation by States to promote joint consultation between workers and employers, the ECSR noted the insufficient promotion of collective bargaining and the restrictions on the right to collective bargaining on behalf of a certain category of workers.

The ECSR found, in some cases, that workers are not granted an effective right to participate in the decision-making process within the undertaking about working conditions, work organisation and the working environment, and legal remedies are not available to workers in the event of infringements of their right to take part in the determination and improvement of working conditions and the working environment.

In several countries, the ECSR noted the lack of appropriate and effective redress (compensation and reinstatement) in cases of sexual harassment, and the absence of adequate prevention of sexual harassment in the workplace

The ECSR concluded that, in several countries, preventive measures aimed at ensuring that redundancies do not take effect before employers’ obligation to inform and to consult has been fulfilled (such as recourse to administrative and judicial proceedings) do not exist, as well as the effective sanctions applicable in cases where employers fail to fulfil their obligations, under the Charter, of information and consultation in collective redundance procedures.

Nevertheless, the ECSR noted with satisfaction positive developments in some countries concerning restrictions on the right to strike, and legislative measures concerning the definition and prohibition of harassment and sexual harassment at work.

Also amendments to the labour codes of several countries have introduced regulations aimed at ensuring that person(s) exercising worker’s representation functions do not suffer discrimination or other negative consequences due to their role.

Albania, Andorra, Armenia, Austria, Azerbaijan, Belgium, Bosnia and Herzegovina, Bulgaria, Denmark, Estonia, Finland, France, Germany, Georgia, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Republic of Moldova, Montenegro, the Netherlands Curaçao, the Netherlands Caribbean part, North Macedonia, Poland, Portugal, Romania, Serbia, the Slovak Republic, Spain, Tϋrkiye and the United Kingdom.

 

 Recording of the Press Conference 

 General introduction - European Social Charter

 General introduction - Revised European Social Charter

 Press briefing elements

 Highlights on the Conclusions

  Country profiles

headline Strasbourg 22/03/2023
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Department of Social Rights

Directorate General of Human Rights and Rule of Law
Council of Europe
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