Social Rights

The European Committee of Social Rights adopted during its 329th session (12-16 September 2022):

• The decision on admissibility in Unión General de Trabajadores (UGT) v. Spain, Complaint No. 207/2022

The complaint was registered on 24 March 2022. UGT alleges that the Spanish legislation on individual dismissals without just cause (Article 56 of Royal Legislative Decree No. 2/2015 of 23 October 2015 approving the revised text of the Workers' Statute Law and Article 110 of Act No. 36/2011 of 10 October 2011 regulating social jurisdiction) and subsequent legislation are in breach of Article 24 (the right to protection in cases of termination of employment) of the Charter in that they provide for a legally predetermined system of calculation which does not allow for the legally foreseen or assessed compensation to be modulated to reflect the full damage suffered, nor does it guarantee its dissuasive effect.

The ECSR unanimously declared the complaint admissible on 14 September 2022.

• The decision on admissibility in Fellesforbundet for Sjøfolk (FFFS) v. Norway, Complaint No. 209/2022

The complaint was registered on 1 April 2022. FFFS alleges that under the current system of selecting lay judges to sit in Norwegian courts in employment and dismissal cases, the two main workers' and employers' organisations, LO and NHO, are allowed to select most of the lay judges to sit on these courts. FFFS argues that while this system is beneficial for some groups, such as those affiliated with LO and NHO, it is disadvantageous to others, such as members of SMB Norge, FFFS as well as non-unionised workers (about 50% in the private sector) who are not represented on the lists of lay judges. FFFS alleges that the Norwegian system of allowing the parties to employment and dismissal cases to appoint their own lay judges constitutes a violation of Article 24 in fine of the Charter.

The ECSR unanimously declared the complaint admissible on 14 September 2022.

• The decision on the merits in Confédération générale du travail (CGT) v. France, Complaint No. 155/2017

The complaint was registered on 28 July 2017. CGT alleged that the “indivisible thirtieth” rule which is laid down by Law No. 87-588 of 30 July 1987 (whereby any non-performance of service during part of one day gives rise to a deduction of earnings equal to the indivisible fraction of one thirtieth of monthly salary, each month being deemed to have 30 days), and which applies to strikes lasting less than one day in the state civil service, has the aim and effect of unjustifiably infringing the right of public servants to strike under Article 6§4 (the right to bargain collectively – collective action) 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 no later than four months after it has been transmitted to the Committee of Ministers.

• The decision on the merits in Finnish Society of Social Rights v. Finland, Complaint No. 172/2018

The complaint was registered on 17 September 2018. The Finnish Society of Social Rights alleged that the minimum level of several social security and social assistance benefits and the labour market subsidy fall short of the requirements of the Charter, in breach of its Articles 12§1 and 3 (the right to social security) and 13§1 (the right to social and medical assistance. In particular, the complainant organisation claimed that during the years 2015-2018 the Government of Finland introduced considerable cuts to social security and social assistance benefits and with these measures caused a worsening of the economic situation of low-income citizens.

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.