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Decisions adopted by the European Committee of Social rights at its 298th session

Strasbourg 16/04/2018
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Decisions adopted by the European Committee of Social rights at its 298th session

The European Committee of Social Rights adopted during its 298th session (20-22 March 2018):

The complaint registered on 6 October 2017 relates to Article 24 (right to protection in cases of termination of employment) of the Revised European Social Charter. CGIL alleges that the situation in Italy constitutes a violation of Article 24 of the Charter on the grounds that the predefined compensation mechanism set up by Legislative decree No. 23/2015 does not allow victims of unlawful dismissals to obtain through the domestic judicial procedure a compensation which would be adequate to cover the damage suffered and dissuasive for employers.

   The Committee declared the complaint admissible on 20 March 2018.

The complaint registered on 23 August 2017 relates to Articles 12§§2 and 3 (right to social security) of the European Social Charter (‘the 1961 Charter”) as well as 4§1 (right of elderly persons to social protection) of the 1988 additional Protocol of the 1961 Charter. PAP-OTE alleges that the situation in Greece is in violation of Articles 12§2 and 12§3 of the Charter of 1961, as well as of Article 4§1 of the Protocol of 1988. PAP-OTE maintains that Greece, in spite of the Committee’s case-law and the national case-law, which had declared the legislation aimed at reducing pensions to be contrary to the Constitution and the Charter, has not addressed the situation. Article E(non-discrimination) in conjunction with each of the provisions concerned of the Revised European Social Charter.

   The Committee declared the complaint inadmissible on 22 March 2018.

  • The decision on the merits in the case Matica hrvatskih sindikata v. Croatia, Complaint No. 116/2015.

The complaint registered on 24 March 2015, relates to Articles 5 (the right to organise) and 6 (the right to bargain collectively) of the European Social Charter (“the 1961 Charter”). Matica Hrvatskih Sindkata alleges that the situation in Croatia is in violation of Articles 5 and 6 of the 1961 Charter as a consequence of the cancellation of the Basic Collective Agreement of 4 October 2010, and the adoption on 20 December 2012 and the further implementation of the Act on Withdrawal of Certain Material Rights of the Employed in the Public Services (Official Gazette No.143/2012) as well as other legislation.

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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