No. 158/2017 Confederazione Generale Italiana del Lavoro (CGIL) v. Italy

The complaint was registered on 6 October 2017. It relates to Article 24 (right to protection in cases of termination of employment) of the Revised European Social Charter. The complainant trade union, CGIL, alleges that the Legislative Decree No. 23/2015 on the protection applicable to workers in the private sector in the event of dismissals declared unlawful provides for a capped compensation calculation mechanism, unrelated to the real injury suffered by the workers, in violation of Article 24 of the Charter.

  Case Document no. 1, Complaint registered on 6 October 2017 French only (original in Italian)

 Case Document no. 2, Submissions by the Government on the merits (French only)

 Case Document no. 3, Observations by the Government of France on the complaint (French only)

 Case Document no. 4, Observations by the European Trade Unions Confederation

 Case Document no. 5, Response  by CGIL to the Government's submissions on the merits (Italian only)

 Case Document no. 6, Further response from the Government (French only)

The European Committee of Social Rights declared the complaint admissible on 20 March 2018.

The European Committee of Social Rights adopted its decision on the merits on 11 September 2019.

 Decision on admissibility of Complaint No. 158/2017

 Decision on the merits of Complaint No. 158/2017

 Resolution CM/ResChS(2020)2 of the Committee of Ministers of 11 March 2020

Department of Social Right

Directorate General of Human Rights and Rule of Law
Council of Europe
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