The European Committee of Social Rights (ECSR) adopted during its 339th session (22-26 January 2024):
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 alleges that the French Government failed to comply with the agreements reached with the trade unions, known as the Ségur Agreements of 13 July 2020, which provided in particular for an increase in the remuneration of care workers belonging to the "active" category (care workers recruited before 2010 and who were entitled in particular to retire at 57) in proportion to that of care workers belonging to the "sedentary" category (care workers recruited after 2010 or who had agreed to postpone their retirement to 60 for a more substantial salary increase). The complainant organisation alleges that the failure to comply with the agreements reached with the trade unions constitutes a violation of the right to bargain collectively enshrined in Article 6 of the Charter and considers that such a difference in treatment between the two categories in view of the existing agreements is discriminatory, in breach of Article E read in conjunction with Articles 6 and 4 of the Charter.
The ECSR unanimously declared the complaint admissible on 24 January 2024.
- The decision on the merits in European Trade Union Confederation (ETUC), Netherlands Trade Union Confederation (FNV) and National Federation of Christian Trade Unions (CNV) v. the Netherlands, Complaint No. 201/2021
The complaint was registered on 12 July 2021. It concerns Article 6§4 (the right to bargain collectively) as well as Article G (restrictions) of the revised European Social Charter. The complainant organisations, ETUC, FNV and CNV, alleged a violation of Article 6§4 of the Charter on two grounds. The first is directed against the interpretation given by the Supreme Court to Article 6§4 and Article G in judgments handed down in 2014-2015, following which it has provided the framework for assessing the scope for exercising the right to strike in the Netherlands. The second ground concerns the way in which the lower courts have applied the assessment framework, which the complainant organisations consider is not stable and foreseeable and thus goes beyond what is provided by Article G 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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