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Decisions adopted by the European Committee of Social rights at its 305th session

The European Committee of Social Rights adopted during its 305th session (18-20 March 2019):

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 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.

Strasbourg 28/03/2019
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What is the Committee of Social Rights

 The European Committee of Social Rights is the monitoring body of the European Social Charter. It is composed of 15 independent, impartial members which are elected by the Council of Europe’s Committee of Ministers for a period of six years, renewable once.

What is the role of the Committee of Social Rights

 The European Committee of Social Rights rules on the conformity of the situation in States with the Charter under two complementary mechanisms: through collective complaints lodged by the social partners and governmental organisations (collective complaints procedure), and through national reports drawn up by the States Parties (reporting procedure).

 States Parties have an obligation to cooperate with the Committee and its jurisprudence (both “decisions” in complaints and “conclusions” on the basis of national reports). This obligation arises from the application of the principle of good faith to the observance of all treaty obligations. For States Parties to ignore or not take into account the Committee’s decisions and conclusions would be to fail to show good faith in implementing their Charter-based obligations.

A word from the President of ECSR


 

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