Social Rights

The European Committee of Social Rights (ECSR) published its decision on the merits concerning Collective Complaint No. 222/2023, Fédération nationale des syndicats de salariés des mines et de l’énergie - Confédération générale du travail (FNME-CGT) v. France.

The Committee concluded that there is a violation of Article 12§1 of the European Social Charter with respect to procedures for medical checks and appeals against the invalidation of sick leave under the special social security scheme for workers in France’s electricity and gas industries. It found that the existing mechanism for contesting the invalidation of sick leave failed to provide employees with an effective remedy and exposed them to financial hardship, undermining their right to social security.

The ECSR underlined that “the effectiveness of the right to social security under Article 12§1 is not ensured” and held that the procedural requirements discouraged workers from exercising their rights and left them alone to bear the consequences during appeal. The Committee found that the current system creates an imbalance in how risks are shared and deprives workers of safeguards established by law.

The ECSR therefore held that France must ensure that workers in the electricity and gas sectors benefit from adequate and effective remedies to protect their right to social security, including independent and timely appeal procedures and protection from financial hardship during appeal proceedings.