The European Committee of Social Rights adopted during its 327th session (16-20 May 2022):
The complaint was registered on 4 August 2021. The complainant organisations, CO.N.QUA.DIR – P.A. and CASSA MUTUA, alleged that the situation in Italy constitutes a violation of Articles 1§2, 4§4, 6§4 and 10 as well as Article E in conjunction with each of the aforementioned provisions of the Charter. They argued that Italy has failed to introduce a new specific occupational category for the middle managers in the public service resulting in a discriminatory devaluation of the specific skills of middle-managerial staff, who have been excluded from any possibility of career and economic progression.
The ECSR unanimously declared the complaint inadmissible on 18 May 2022.
- The decision on the merits in Panhellenic Association of Pensioners of the OTE Group Telecommunications (PAP-OTE) v. Greece, Complaint No. 165/2018
The complaint was registered on 30 April 2018. PAP-OTE asked the Committee to rule that the social security reform introduced through Laws Nos. 4366/2015, 4387/2016 and 4472/2017 is in breach of Articles 12§§2 and 3 and 23 of the Revised Social Charter, in particular due to:
- the failure to provide restitution for earlier pension reductions found to be in breach of the Charter; and
- the introduction of further reductions in social security benefits.
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.
- The decision on the merits in Unione Sindacale di Base – Settore pubblico impiego (USB) v. Italy, Complaint No. 152/2017
The complaint was registered on 12 July 2017. USB alleged that the situation of public servants who are support staff and who perform ordinary administrative duties within the Italian Ministry of Justice is contrary to Articles 1§2, 4§4, 6§4, 10§§1 and 3 and Article E in conjunction with each of these provisions of the Charter. According to USB, Italy has breached the obligation to guarantee support staff the right to earn their living in an occupation freely entered upon by assigning them duties associated with the higher category of public servants without paying them equivalent remuneration and with no possibilities of promotion. USB also alleged that the existing legislation does not allow public servants who are support staff to undertake vocational training made necessary by the technological innovations of recent years, and “keeps” them in a group of posts with which obsolete duties are associated. Furthermore, USB alleged that the Italian Government does not guarantee the right of these public servants to collective action as the Italian courts refuse to order the Ministry of Justice to implement the trade union agreements that it has itself freely entered into.
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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