he European Committee of Social Rights adopted during its 312th session (11, 13 and 14 May 2020):
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 alleges that the exercise of the right to freedom of association and the right to protection of some of its trade union representatives were violated in that they have suffered reprisals, in particular due to the refusal to renew their secondment to the Special Police Unit (Unidade Especial de Polícia - UEP) in Faro because of their trade union activities, in violation of the abovementioned provisions of the Charter.
The Committee declared the complaint admissible on 13 May 2020.
The complaint was registered on 26 April 2019. It concerns Article 5 (the right to organise) of the Revised European Social Charter. ASTI alleges that the Irish Government, by according favourable treatment to a rival trade union, the Teachers Union of Ireland (TUI), as regards pay and increments for for the latter union’s members, interferes with the right to organise guaranteed by Article 5 of the Charter. ASTI alleges that this favourable treatment influences the choice of teachers as to the trade union they should join or in which they should remain contrary to the Charter.
The Committee declared the complaint admissible on 13 May 2020.
The complaint was registered on 20 May 2019. It concerns Articles 2 (the right to just conditions of work), 24 (the right to protection in case of dismissal), 25 (the right of workers to the protection of their claims in the event of the insolvency of their employer) and 29 (the right to information and consultation in collective redundancy procedures) of the Revised European Social Charter. CFDT Transports de l'Aube alleges that the provisions of the Law of 13 July 1973 and Order No. 2017-1387 of 22 September 2017 on the predictability and increased security of employment relationships as incorporated into the Labour Code relating to public holidays with pay (Articles L. 3133-1, L.3133-3, L.3133-4 and L.3133-5), to dismissal for economic reasons (Articles L.1233-2 and L.1233-3) and appropriate compensation in the event of unfair dismissal (Articles L.1235-3-1 and L.1235-3-2), to protection of workers’ claims in the event of the insolvency of the employer (Articles L.3253-8, L.3253-9, L.3253-10, L.3253-14, L.3253-17 and D.3253-5), and to redeployment or reinstatement of workers in the context of collective redundancies (Article L.1233-4) constitute a violation of the abovementioned provisions of the Charter.
The Committee declared the complaint admissible on 13 May 2020.
The complaint was registered on 20 May 2019. It concerns Articles 2 (the right to just conditions of work), 24 (the right to protection in case of dismissal), 25 (the right of workers to the protection of their claims in the event of the insolvency of their employer) and 29 (the right to information and consultation in collective redundancy procedures) of the Revised European Social Charter. CFDT de la métallurgie de la Meuse alleges that the provisions of the Law of 13 July 1973 and Order No. 2017-1387 of 22 September 2017 on the predictability and increased security of employment relationships as incorporated into the Labour Code relating to public holidays with pay (Articles L. 3133-1, L.3133-3, L.3133-4 and L.3133-5), to dismissal for economic reasons (Articles L.1233-2 and L.1233-3) and appropriate compensation in the event of unfair dismissal (Articles L.1235-3-1 and L.1235-3-2), to protection of workers’ claims in the event of the insolvency of the employer (Articles L.3253-8, L.3253-9, L.3253-10, L.3253-14, L.3253-17 and D.3253-5), and to redeployment or reinstatement of workers in the context of collective redundancies (Article L.1233-4) constitute a violation of the abovementioned provisions of the Charter.
The Committee declared the complaint admissible on 13 May 2020.
The complaint was registered on 20 May 2019. It concerns Articles 2 (the right to just conditions of work), 24 (the right to protection in case of dismissal), 25 (the right of workers to the protection of their claims in the event of the insolvency of their employer) and 29 (the right to information and consultation in collective redundancy procedures) of the Revised European Social Charter. CGT YTO France alleges that the provisions of the Law of 13 July 1973 and Order No. 2017-1387 of 22 September 2017 on the predictability and increased security of employment relationships as incorporated into the Labour Code relating to public holidays with pay (Articles L. 3133-1, L.3133-3, L.3133-4 and L.3133-5), to dismissal for economic reasons (Articles L.1233-2 and L.1233-3) and appropriate compensation in the event of unfair dismissal (Articles L.1235-3-1 and L.1235-3-2), to protection of workers’ claims in the event of the insolvency of the employer (Articles L.3253-8, L.3253-9, L.3253-10, L.3253-14, L.3253-17 and D.3253-5), and to redeployment or reinstatement of workers in the context of collective redundancies (Article L.1233-4) constitute a violation of the abovementioned provisions of the Charter.
The Committee, by thirteen votes against two, declared the complaint inadmissible on 13 May 2020.
The complaint was registered on 20 May 2019. It concerns Articles 2 (the right to just conditions of work), 24 (the right to protection in case of dismissal), 25 (the right of workers to the protection of their claims in the event of the insolvency of their employer) and 29 (the right to information and consultation in collective redundancy procedures) of the Revised European Social Charter. CGT Ford Aquitaine Industrie alleges that the provisions of the Law of 13 July 1973 and Order No. 2017-1387 of 22 September 2017 on the predictability and increased security of employment relationships as incorporated into the Labour Code relating to public holidays with pay (Articles L. 3133-1, L.3133-3, L.3133-4 and L.3133-5), to dismissal for economic reasons (Articles L.1233-2 and L.1233-3) and appropriate compensation in the event of unfair dismissal (Articles L.1235-3-1 and L.1235-3-2), to protection of workers’ claims in the event of the insolvency of the employer (Articles L.3253-8, L.3253-9, L.3253-10, L.3253-14, L.3253-17 and D.3253-5), and to redeployment or retraining of workers in the context of collective redundancies (Article L.1233-4) constitute a violation of the abovementioned provisions of the Charter.
The Committee, by thirteen votes against two, declared the complaint inadmissible on 13 May 2020.
The complaint was registered on 12 July 2019. It concerns Articles 1§2 (the right to work), 11§1 (the right to protection of health), 12§1 (the right to social security), 13§1 (the right to social and medical assistance), 15§3 (the right of persons with disabilities to independence, social integration and participation in the life of the community), 16 (the right of the family to social, legal and economic protection), 17 (the right of children and young persons to social, legal and economic protection) and E (non-discrimination) of the Revised European Social Charter. The ERRC alleges that, following a large-scale search operation carried out by the Belgian police on 7 May 2019 targeting nineteen halting sites for Travellers throughout Belgium, many families belonging to this community, including children, elderly and disabled persons, had their caravans, vehicles and property seized and their bank accounts blocked. These actions were based on a suspicion that the persons concerned were all involved in criminal activities. The ERRC alleges that with these actions the Belgian authorities have deprived the persons concerned of social, medical, legal and economic protection and assistance in violation of the abovementioned provisions of the Charter. The ERRC also considers that this operation amounted to ethnically targeted collective punishment, in breach of Article E in conjunction with each of these provisions of the Charter.
The Committee declared the complaint admissible on 14 May 2020 and decided to indicate to the Government immediate measures which should be adopted.
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