The European Committee of Social Rights adopted during its 305th session (18-20 March 2019):
- The decision on admissibility in the case Sindacato Autonomo Europeo Scuola ed Ecologia (SAESE) v. Italy , Complaint No. 166/2018
The complaint was registered on 7 May 2018 relates to Article 11 (the right to protection of health) of the Revised European Social Charter. The complainant organisation, SAESE, alleged that the Law-Decree No. 201/2011, called Fornero Act, of 6 December 2011 which extends the minimum retirement age for public and private sector workers, violates Article 11 of the Charter. SAESE maintained, inter alia, that when adopting the reforms of pension arrangements for teaching staff, the legislature failed to carry out a scientific assessment of the state of health of this professional category.
The Committee declared the complaint inadmissible on 18 March 2019.
- The decision on admissibility in the case Associazione nazionale sindacato professionisti sanitari della funzione infermieristica - Nursing Up v. Italy, Complaint No. 169/2018
The complaint was registered on 9 July 2018. It relates to Articles 5 (right to organise), 6§2 (right to bargain collectively) 21 (right to information and consultation), 22 (right to take part in the determination and improvement of the working conditions and working environment) and E (non-discrimination) of the Revised European Social Charter.
Nursing Up alleges that, pursuant to the Legislative decree No. 165/2001 and the National Collective Labour Agreement (NCLA) related to staff from the public health sector of 21 May 2018, representative trade unions – Nursing Up among them – have been excluded from any subsequent participation in collective bargaining because of their refusal to sign the NCLA. The complainant trade union alleges that this situation violates Articles 5, 6§2, 21, 22 as well as E and G in conjunction with each of the provisions concerned of the Charter.
The Committee declared the complaint admissible on 18 March 2019.