The Revised European Social Charter

On 5 November 1990 an Informal Ministerial Conference on human rights was held in Rome. One of the topics discussed was the European Social Charter, with the result that the Council of Europe’s Committee of Ministers was invited to take the necessary steps so that a detailed study of the role, contents and operation of the European Social Charter might be undertaken as soon as possible.

At their 449th meeting (November–December 1990), the Ministers’ Deputies decided to authorise the convening of an ad hoc committee, the Committee on the European Social Charter (Charte-Rel). Under its terms of reference, the Committee was instructed to make proposals for improving the effectiveness of the European Social Charter, and particularly the functioning of its supervisory machinery.

The Committee was composed of experts appointed by each member state. Its meetings were attended in a non-voting capacity by representatives of the Parliamentary Assembly, the International Labour Organisation, the European Trade Union Confederation and the Union of Industrial and Employers’ Confederations of Europe. The Committee of Independent Experts and the Governmental Committee of the European Social Charter were also involved in the work along with several other Council of Europe committees.

At its twelfth meeting (10-14 October 1994), the Charte-Rel Committee adopted a draft Revised European Social Charter and decided to submit it to the Committee of Ministers for adoption.

After consulting the Committee of Independent Experts and the Parliamentary Assembly, the Committee of Ministers adopted the text entitled the Revised European Social Charter on 3 April 1996 and opened it for signature on 3 May 1996.

According to the practice of the Council of Europe, this explanatory report has no binding value and was drafted only with a view to explaining the content of the Revised Charter. The Committee of Ministers authorised its publication when adopting the Revised European Social Charter.

From the outset, the aim has been that amendments to the text of the Charter should not represent a lowering of the level of protection provided for therein. It was also agreed that the reform would involve taking account both of developments in social and economic rights as reflected in other international instruments and in the legislation of member States and also of social problems not covered by the other international instruments in force. Furthermore, all amendments were to be made bearing in mind the need to ensure equal treatment of men and women.

The Revised European Social Charter takes account of developments in labour law and social policies since the Charter was drawn up in 1961. The Revised Charter is a comprehensive international treaty which brings together in a single instrument all the rights guaranteed in the Charter and the 1988 Additional Protocol, along with the amendments to these rights and the new rights adopted by the Charte-Rel Committee.

The instrument has been drafted in such a way as to be autonomous, but with the same supervisory machinery as the Charter. It does not conflict with the Charter but is intended to eventually replace it.

The Revised Charter presents Parts I and II in the same way as they are presented in the Charter and the 1988 Additional Protocol, adding the new rights at the end of each part. This presentation was deemed preferable since it had the advantage of being familiar, of avoiding confusion with the original texts and the existing case law and of facilitating the presentation of national reports. This will also allow new rights to be added in the future without changing the structure of the text.

The Revised European Social Charter does not provide for denunciation of the former Charter. However, if a Contracting State accepts the provisions of the Revised Charter, the corresponding provisions of the initial Charter and its Protocol cease to apply to that State. In this way, States are not simultaneously bound by undertakings at different levels.

The terminology used in the Revised Charter is in conformity with the model final clauses adopted by the Committee of Ministers in 1981, in particular the term "Contracting Party" in the Charter has been replaced by "Party".

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Back The European Committee of Social Rights publishes its Conclusions on Labour Rights

The European Committee of Social Rights (ECSR) today published its Conclusions 2022 in respect of 33 States on the articles of the European Social Charter relating to Labour Rights.

In the framework of the reporting procedure, the ECSR adopted 611 conclusions: 255 conclusions of conformity with the Charter and 245 conclusions of non-conformity. In 111 cases, the ECSR was unable to assess the situation due to insufficient information ("deferrals").

In the framework of the right to just conditions of work the ECSR found that in some countries the law does not guarantee the right to reasonable weekly working hours for certain categories of workers and noted that in some jobs the working day may exceed 16 hours and even be as long as 24 hours.

In many countries, the ECSR concluded that the work performed on a public holiday is not adequately compensated and that the right of all workers to public holidays with pay is not guaranteed. Also in some countries workers who suffer from illness or injury while on holiday are not entitled to take the days lost at another time.

The information provided to the ECSR on fair remuneration revealed that in a number of countries, the statutory minimum wage or the lowest wages fixed by collective agreements were too low in comparison with the average wage and did not ensure a decent standard of living.

With respect to the obligation by States to promote joint consultation between workers and employers, the ECSR noted the insufficient promotion of collective bargaining and the restrictions on the right to collective bargaining on behalf of a certain category of workers.

The ECSR found, in some cases, that workers are not granted an effective right to participate in the decision-making process within the undertaking about working conditions, work organisation and the working environment, and legal remedies are not available to workers in the event of infringements of their right to take part in the determination and improvement of working conditions and the working environment.

In several countries, the ECSR noted the lack of appropriate and effective redress (compensation and reinstatement) in cases of sexual harassment, and the absence of adequate prevention of sexual harassment in the workplace

The ECSR concluded that, in several countries, preventive measures aimed at ensuring that redundancies do not take effect before employers’ obligation to inform and to consult has been fulfilled (such as recourse to administrative and judicial proceedings) do not exist, as well as the effective sanctions applicable in cases where employers fail to fulfil their obligations, under the Charter, of information and consultation in collective redundance procedures.

Nevertheless, the ECSR noted with satisfaction positive developments in some countries concerning restrictions on the right to strike, and legislative measures concerning the definition and prohibition of harassment and sexual harassment at work.

Also amendments to the labour codes of several countries have introduced regulations aimed at ensuring that person(s) exercising worker’s representation functions do not suffer discrimination or other negative consequences due to their role.

Albania, Andorra, Armenia, Austria, Azerbaijan, Belgium, Bosnia and Herzegovina, Bulgaria, Denmark, Estonia, Finland, France, Germany, Georgia, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Republic of Moldova, Montenegro, the Netherlands Curaçao, the Netherlands Caribbean part, North Macedonia, Poland, Portugal, Romania, Serbia, the Slovak Republic, Spain, Tϋrkiye and the United Kingdom.