The European Committee of Social Rights (ECSR) adopted during its 335th session (3-7 July 2023):
The complaints were registered on 15 September 2022. They relate to Articles 2§4 (right to just conditions of work), 4§1 and 2 (right to a fair remuneration), 12 (right to social security) and Article E (non-discrimination) in conjunction with these provisions of the revised European Social Charter. CO.NA.PO. alleges that Decree-Law No. 76/2020, which guarantees treatment of firefighters in respect of salary and pension on equal terms with members of the other so-called "State civil defence" forces in application of Law No. 183/2010 of 4 November 2010, only applies to firefighters recruited as from 1 January 2020 without any provision being made for firefighters who were recruited or had retired before that date.
The ECSR unanimously declared the complaints admissible on 4 July 2023.
The complaint was registered on 18 November 2022. It relates to Article 24 (right to protection in cases of termination of employment) of the Revised European Social Charter. CCOO alleges that the situation in Spain constitutes a violation of Article 24 of the Charter both on the issue of the adequate compensation in case of unfair dismissal and on the issue of the right to reinstatement, in the absence of compensation for the damage effectively sustained.
The ECSR unanimously declared the complaint admissible on 4 July 2023.
• The decision on the merits in Associação Sindical dos Profissionais da Polícia (ASPP/PSP) v. Portugal, Complaint No. 179/2019
The complaint was registered on 23 April 2019. It concerns Articles 5 (the right to organise) and 28 (the right of workers' representatives to protection in the undertaking and facilities to be accorded to them) of the Revised European Social Charter. ASPP/PSP alleged that the guarantees granted to trade union representatives by Law No. 14/2002 of 19 February 2002 on “the Exercise of the Right to Organise and the Right of Collective Negotiation and Participation of the Staff of the Public Security Police” are not effectively implemented in respect of trade union representatives under secondment agreements and the retaliatory measures in the form of refusal to renew their secondment to the UEP are in violation of Articles 5 and 28 of the Charter.
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 a recommendation, or no later than four months after it has been transmitted to the Committee of Ministers.
• The decision on the merits in Confédération française démocratique du travail (CFDT) v. France, Complaint No. 189/2020
The complaint was registered on 15 January 2020. It relates to Article 6§2 (right to bargain collectively) of the Revised European Social Charter. CFDT alleged that Articles L. 2232-21, L. 2232-22, L. 2232-22-1 and L. 2232-23 of the Labour Code enable employers in small companies to avoid collective bargaining with trade union representatives, in breach of Article 6§2 of the Charter.
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 a recommendation, or no later than four months after it has been transmitted to the Committee of Ministers.
Tél. +33 (0)3 90 21 49 61
www.coe.int/socialcharter
