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Decisions adopted by the European Committee of Social rights at its 307th session

Strasbourg 10/07/2019
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Decisions adopted by the European Committee of Social rights at its 307th session

The European Committee of Social Rights adopted during its 307th session (1-5 July 2019):

The complaint registered on 9 August 2018 relates to Articles 1 (the right to work), 4 (the right to a fair remuneration), 5 (the right to organise), 6§4 (the right to bargain collectively – collective action), 12 (the right to social security), 24 (the right to protection in case of dismissal) and E (non-discrimination) of the Revised European Social Charter. USB complains about the abuse of contracts for ‘socially useful workers’ by municipalities and public bodies in Sicily and Campania alleging that this contributes to making the situation of these workers more precarious in violation of the aforementioned provisions of the Charter. USB alleges that in fact ‘socially useful workers’ in Sicily and Campania carry out ordinary work which should be assigned to employees under permanent or fixed term contracts.

The Committee declared the complaint admissible on 3 July 2019.

The complaint registered on 7 September 2018 relates to Article 24 (the right to protection in cases of termination of employment) of the Revised European Social Charter. The CGT argues that Order No. 2017-1387 of 22 September 2017 on the predictability and increased security of employment relationships amended the Article L.1235-3 of the French Labour Code relating to financial compensation for dismissals without a valid reason, by setting mandatory compensation ranges, according to the employee’s length of service and the undertaking’s size. The CGT alleges that these provisions of the Labour Code as amended in 2017 constitute a violation of Article 24 of the Charter in that they deprive employees who are dismissed without a valid reason of the right to adequate compensation or appropriate relief, and in that they do not guarantee a right of effective remedy against the unlawful dismissal. The CGT further claims that compensation for damage no longer fulfills its deterrent function with the employer.

The Committee declared the complaint admissible on 3 July 2019.

The complaint registered on 18 March 2018 relates to Articles 31 (right of housing) and E (non-discrimination) of the Revised European Social Charter. Amnesty International alleges that Roma people in Italy continue to be victims of widespread and systematic violations of their right to housing particularly with respect to forced evictions, segregated and sub-standard housing and lack of access to social housing. Specifically, the complainant organisation alleges that :

  • the continuation of forced evictions particularly affecting the Roma community amounts to a violation of Article E in conjunction with Article 31§§1 and 2 of the Charter;
  • the continued use of segregated and sub-standard housing for Roma amounts to a violation of Article E in conjunction with Article 31§1 of the Charter;
  • the failure to ensure equal access to social housing for Roma, including through the application of discriminatory criteria for the allocation of social housing amounts to a violation of Article E in conjunction with Article 31§3 of the Charter.

The Committee unanimously declared the complaint admissible on 4 July 2019 and, by 13 votes against 1, decided that it was necessary to indicate to the Government immediate measures which should be adopted.

  • The decision on the merits in the case Unione Generale Lavoratori - Federazione Nazionale Corpo forestale dello Stato (UGL – CFS) and Sindacato autonomo polizia ambientale forestale (SAPAF) v. Italy, Complaint No. 143/2017

The complaint registered on 9 February 2017 related to Articles 1 (right to work), 5 (right to organise) and 6 (the right to bargain collectively), as well as Articles E (non-discrimination) and G (restrictions) of the Revised European Social Charter. UGL-CFS and SAPAF alleged that by applying the Legislative Decree No. 177/2016 which incorporates the civilian State Forestry Corps into the military Carabinieri Force, thus changing the status of Forestry Corps’ personnel from civilian to military, Italy violates their right to earn their living in an occupation freely entered upon and deprives them of their trade union rights in violation of the above-mentioned provisions 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 no later than four months after it has been transmitted to the Committee of Ministers.


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