The Collective Complaints procedure was introduced by the Additional Protocol providing for a system of collective complaints, adopted in 1995.

The aim pursued with the introduction of the procedure was to increase the effectiveness, speed and impact of the implementation of the Charter.

In this view, the collective complaints procedure has strengthened the role of the social partners and non-governmental organisations by enabling them to directly apply to the European Committee of Social Rights for rulings on possible non-implementation of the Charter in the countries concerned, namely those States which have accepted its provisions and the complaints procedure.

The decisions adopted by the European Committee of Social Rights in the framework of this monitoring mechanism can be consulted using the European Social Charter Caselaw Database (HUDOC Charter).

More on the collective complaints procedure

List of complaints

  List of INGOs entitled to lodge collective complaints established by the Governmental Committee of the European Social Charter and the European Code of Social Security

 

Findings of the European Committee of Social Rights

 European Committee of Social Rights Findings 2023 on the follow-up to decisions in the collective complaints procedure with respect to Belgium, Bulgaria, Finland, France, Greece, Ireland, Italy and Portugal.

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Decisions adopted by the Committee during its last session

Back Decisions adopted by the European Committee of Social rights at its 314th session

Decisions adopted by the European Committee of Social rights at its 314th session

The European Committee of Social Rights adopted during its 314th session (6-10 July 2020):

  • Decision on the merits in Associazione Professionale e Sindacale (ANIEF) v. Italy, Complaint No. 146/2017

The complaint Associazione Professionale et Sindacale (ANIEF) v. Italy, No. 146/2017, was registered on 16 March 2017. It relates to Articles 1 (right to work), 4 (right to a fair remuneration), 6 (right to bargain collectively) 24 (right to protection in case of dismissal) and E (non-discrimination) of the Revised European Social Charter.

The complainant trade union organisation alleged that Italian legislation on fixed-term employment contracts in the public sector - especially the education sector - improperly authorized the renewal of such contracts and jeopardized the situation of these public sector employees in violation of the above-mentioned provisions.

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 complaint was registered on 15 January 2020 and relates to Article 6§2 (right to bargain collectively) of the Revised European Social Charter. CFDT alleges that the French legislation relating to the implementation of "collective agreements" in small companies is in breach with Article 6§2 of the Charter in that it introduces the possibility for the employer to set up a "collective agreement" in the company without any bargaining with the trade union organisations of workers.

The Committee declared the complaint admissible on 6 July 2020. 

Strasourg 27/07/2020
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