Strasbourg, 23 December 2015
GC(2015)21
EUROPEAN SOCIAL CHARTER
GOVERNMENTAL COMMITTEE
REPORT CONCERNING CONCLUSIONS XX-3(2014) OF
THE EUROPEAN SOCIAL CHARTER
(Croatia, Czech Republic, Denmark, Germany, Greece, Iceland, Latvia, Luxembourg, Poland, Spain and United Kingdom)
Detailed report of the Governmental Committee
established by Article 27, paragraph 3, of the European Social Charter[1]
CONTENTS
Page
I. Introduction............................................................................................................................... 3
II. Examination of national situations on the basis of Conclusions XX-3 (2014) of the European Committee of Social Rights...................................................................................................... 5
Appendix I
List of participants................................................................................................................... 33
Appendix II
Table of signatures and ratifications ...................................................................................... 57
Appendix III
List of Conclusions of non-conformity.................................................................................... 59
Appendix IV
List of Conclusions deferred................................................................................................... 60
I. Introduction
1. This report is submitted by the Governmental Committee of the European Social Charter and the European Code of Social Security (hereafter “The Governmental Committee”) made up of delegates of each of the forty-three states bound by the European Social Charter or the European Social Charter (revised)[2]. Representatives of the European Trade Union Confederation (ETUC) and the International Organisation of Employers (IOE) attended the meetings of the Governmental Committee in a consultative capacity.
2. Since a decision of the Ministers’ Deputies in December 1998, the other signatory states were also invited to attend the meetings of the Governmental Committee (Liechtenstein, Monaco, San Marino and Switzerland).
3. The supervision of the application of the European Social Charter is based on an examination of the national reports submitted at regular intervals by the States Parties. According to Article 23 of the Charter, the Party “shall communicate copies of its reports […] to such of its national organisations as are members of the international organisations of employers and trade unions”. Reports are made public on www.coe.int/socialcharter.
4. Responsibility for the examination of state compliance with the Charter lies with the European Committee of Social Rights (Article 25 of the Charter), whose decisions are set out in a volume of “Conclusions”. On the basis of these conclusions and its oral examination during the meetings of the follow-up given by the States, the Governmental Committee (Article 27 of the Charter) draws up a report to the Committee of Ministers which may "make to each Contracting Party any necessary recommendations" (Article 29 of the Charter).
5. In accordance with Article 21 of the Charter, the national reports to be submitted in application of the European Social Charter concerned Croatia, Czech Republic, Denmark, Germany, Greece, Iceland, Latvia, Luxembourg, Poland, Spain and the United Kingdom. Reports were due by 31 October 2013.
6. Conclusions XX-3 (2014) of the European Committee of Social Rights were adopted in December 2014 (Czech Republic, Denmark, Germany, Greece, Iceland, Latvia, Luxembourg, Poland, Spain and the United Kingdom). In the absence of a report in due time, no conclusions were adopted in respect of Croatia.
7. The Governmental Committee took note that no further ratification has been done in the last reporting cycle. It congratulated Belgium for the acceptance of additional provisions with respect to Articles 26, 27 and 28 of the Charter.
8. On 2 April 2014, the Committee of Ministers adopted at its 1196th meeting a new procedure of the reporting system on the European Social Charter entitled ‘Ways of streamlining and improving the reporting and monitoring system of the European Social Charter’.
9. The Governmental Committee held two meetings in 2015 (18-22 May 2015, 5-9 October 2015) with Mme Jacqueline MARECHAL (France) in the Chair. In accordance with its Rules of Procedure, the Governmental Committee at its autumn meeting elected Ms Kristina VYSNIAUSKAITE-RADINSKIENE (Lithuania) as its Chair. It also elected a new Bureau, which is now composed of Mr Joseph FABER (Luxembourg. 1st Vice-Chair), Ms Lis WITSØ-LUND (Denmark, 2nd Vice-Chair), Ms Odete SEVERINO (Portugal) and Ms Natalia POPOVA (Ukraine).The Chair and the Bureau were elected for a two year period starting on 1 January 2016.
10. The Governmental Committee took note of the initiatives undertaken in 2015 with respect to the Turin Process. This Process started in 2014 following an initiative of the Secretary General by the organisation of a High-Level Conference on the European Social Charter held in Turin from 17 – 18 October 2014. This Conference was followed up by an event held on 12 – 13 February 2015 in Brussels on ‘The future of protection of social rights in Europe’. This event was organised by the Belgian Authorities under their Chairmanship of the Committee of Ministers.
The Governmental Committee aligned to the following thematic objectives of the Turin Process:
- The promotion of further ratifications of the Revised European Social Charter as well as the further acceptance of the collective complaints procedure;
- The strive for more synergies between European Union law and the case-law of the European Social Charter.
The Governmental Committee took note of the on-going preparations concerning the organisation of a Conference called ‘TURIN 2’ scheduled for 17 – 18 March 2016 having as main events an Interparliamentary Conference of the Council of Europe member States dedicated to the European Social Charter as well as a Forum on social rights in Europe.
11. The state of signatures and ratifications on 1 December 2015 appears in Appendix 1 to the present report.
II. Examination of Conclusions XX-3 (2014) of the European Committee of Social Rights
12. The abridged report for the Committee of Ministers only contains summaries of discussions concerning national situations in the eventuality that the Governmental Committee proposes that the Committee of Ministers adopt a recommendation or renew a recommendation. No such proposals were made in the current supervisory cycle. The detailed report is available on www.coe.int/socialcharter.
13. The Governmental Committee applied the rules of procedure adopted at its 125th meeting (26 – 30 March 2012). In applying these measures and according to the decision taken by the Committee of Ministers at its 1196th meeting on 2 April 2014, the Governmental Committee debated orally only the Conclusions of non-conformity as selected by the European Committee of Social Rights.
14. The Governmental Committee examined the situations not in conformity with the European Social Charter listed in Appendix II to the present report. The detailed report which may be consulted at www.coe.int/socialcharter contains more extensive information regarding the cases of non-conformity.
15. The Governmental Committee also took note of the Conclusions deferred for lack of information or because of questions asked for the first time, and invited the States concerned to supply the relevant information in the next report (see Appendix III to the present report for a list of these Conclusions).
16. During its examination, the Governmental Committee took note of important positive developments in several State Parties.
17. The Governmental Committee asked Governments to continue their efforts with a view to ensuring compliance with the European Social Charter and urged them to take into consideration any previous Recommendations adopted by the Committee of Ministers.
18. The Governmental Committee proposed to the Committee of Ministers to adopt the following Resolution:
Resolution on the implementation of the European Social Charter during the period 2009-2012 (Conclusions XX-3 (2014), provisions related to the thematic group “Labour rights”)
(Adopted by the Committee of Ministers on ....
at the .... meeting of the Ministers' Deputies)
The Committee of Ministers,[3]
Referring to the European Social Charter, in particular to the provisions of Part IV thereof;
Having regard to Article 29 of the Charter;
Considering the reports on the European Social Charter submitted by the Governments of the Czech Republic, Denmark, Germany, Greece, Iceland, Latvia, Luxembourg, Poland, Spain and the United Kingdom;
Having regard to the failure to submit a report in due time by Croatia;
Considering Conclusions XX-3 (2014) of the European Committee of Social Rights appointed under Article 25 of the Charter;
Following the proposal made by the Governmental Committee established under Article 27 of the Charter,
Recommends that governments take account, in an appropriate manner, of all the various observations made in the Conclusions XX-3 (2014) of the European Committee of Social Rights and in the report of the Governmental Committee.
EXAMINATION ARTICLE BY ARTICLE[4]
Conclusions XX-3 (2014) –European Social Charter (ESC)
Croatia, Czech Republic, Denmark, Germany, Greece, Iceland, Latvia, Luxembourg, Poland, Spain and the United Kingdom
Art 2 The right to just conditions of work
Art 2§1 – 1961 CHARTER - Reasonable working hours
Article 2§1 – Reasonable working hours
ESC 2§1 Iceland
The Committee concludes that the situation in Iceland is not in conformity with Article 2§1 of the 1961 Charter, on the ground that the working hours for seamen may go up to 72 hours per week.
19. The situation has not been in conformity with the Charter since Conclusions XVIII 2 (2006).
20. The Representative of Iceland said that the Government of Iceland would like to align itself with other states that have argued that the special nature of maritime labour must be taken into account in the assessment of whether the maximum working hours which apply to seafarers shall be considered reasonable within the meaning of Article 2(1) of the Charter. In fact, special circumstances affect maritime work, such as finding and following fish stocks, weather conditions and the season of the year. The special nature of maritime work has been taken into account as regards the maximum authorized working time of seafarers in the EU law and the ILO Maritime Labour Convention.
Furthermore, the Representative of Iceland emphasized on behalf of the Icelandic Government that the fishing sector was of great importance to the Icelandic economy. In the view of the Government, it is necessary to take into account the specific nature of the work of seafarers in this context, to ensure that they continue to have the necessary flexibility as regards working hours to enable them to carry out their work in the special conditions that exist at sea.
21. The GC took note of the information provided as well as of the opinion of the states as to the special nature of maritime labour and asked the ECSR to present its reasoning more clearly when adopting conclusions on this subject.
22. The GC decided to wait for the ECSR’s next assessment.
ESC 2§1 Poland
The Committee concludes that the situation in Poland is not in conformity with Article 2§1 of the Charter, on the ground that the working hours in certain occupations can exceed 16 hours per day, or be up to 24 hours per day.
23. The situation has not been in conformity with the 1961 Charter since Conclusions XVI 2 (2004).
24. The representative of Poland said that there was no plan to amend the current legislation on working hours in occupations linked to the protection of property or persons, supervision of installations or activities requiring partial availability to carry out a task. This was the result of the position of employees’ and employers’ organisations, which were satisfied with the current situation and, at meetings of the Tripartite Commission in 2013, had rejected any reform in the area of authorised working hours.
- a limit on weekly working hours (40 hours for a five-day week);
- a reference period of one month (shorter than the customary four-month period);
- a weekly rest period of 35 hours without interruption;
25. The ETUC representative pointed out that the situation with regard to authorised working hours was similar in Poland and Lithuania.
26. The GC noted that there were no plans in Poland to reform the legislation on authorised working hours and sent the Polish government a strong message, requesting them to bring the situation into conformity with the Charter. It encouraged the Polish authorities to establish dialogue with the social partners to find out the reasons for their opposition to the legislative changes which were needed to meet the requirements of the Charter and decided to wait for the ECSR’s next assessment.
ESC 2§1 SPAIN
The Committee concludes that the situation in Spain is not in conformity with Article 2§1 of the 1961 Charter on the ground that the maximum weekly working time may exceed 60 hours in flexible working time arrangements, and for certain categories of workers.
27. The situation has not been in conformity with the 1961 Charter since Conclusions XIV 2 (1998).
28. The representative of Spain pointed out that standard working hours in Spain were 40 hours per week, in other words eight hours less than the limit set by the European reference standard. This Spanish working day, which was shorter than the European maximum, was combined with the possibility of negotiating a collective agreement or an agreement between the company and the workers’ representatives to establish an uneven distribution of working time throughout the year. After the reform introduced in 2012, if no such agreement were reached this uneven distribution could be decided on unilaterally by the company, but the possibility then applied only to up to 10% of working time over the year. When providing for flexible arrangements for the management of working time, every company was required to establish a timetable, in consultation with the social partners.
Article 4§1 –1961 Charter – Decent remuneration
ESC 4§1 germany
The Committee concludes that the situation in Germany is not in conformity with Article 4§1 of the 1961 Charter on the ground that the lowest wage paid does not secure a decent standard of living.
32. The Secretariat said that the situation was not in conformity since 2007.
33. The Representative of Germany said that the government had introduced a minimum wage of 8.50 € per hour since 1 January 2015. It applied to all employees including workers posted from abroad. Exemptions from the minimum wage include certain internships and young people with no training. An independent Commission of social partners will decide on the future development of the minimum wage.
34. The GC congratulated the German Government for the introduction of the national minimum wage and decided to await the next assessment of the ECSR.
ESC 4§1 greece
The Committee concludes that the situation in Greece is not in conformity with Article 4§1 of the 1961 Charter on the grounds that:
- The minimum wage applicable to contractual staff in the civil service is not sufficient to ensure a decent standard of living;
- The minimum wage applicable to private sector workers is not sufficient to ensure a decent standard of living;
- The provisions of section 74, paragraph 8 of Act No. 3863/2010 and of section 1, paragraph 1 of Council of Ministers Act No. 6/2012 provide for the payment of a minimum wage to all workers under the age of 25 which is below the poverty level;
- The provisions of section 74, paragraph 8 of Act No. 3863/2010 and of section 1, paragraph 1 of Council of Ministers Act No. 6/2012 discriminate against workers under the age of 25.
35. The Secretariat said that the ECSR had deferred its Conclusion in 2010 due to lack of information.
36. The Representative of Greece reported on on-going legislative efforts aiming at being in conformity with the European Social Charter and other international labour standards.
The following proposals were currently under discussion in Parliament:
- The general minimum wage will be restored in two phases to the levels that applied in February 2012, when the National General Labour Collective Agreement in force at the time was abolished by law, reducing it by 22% (and by 32% for young persons aged up to 25). In October 2015, the minimum wage will be increased by 10.91% (gross monthly salary of 650 € for white-collar workers and gross daily wage of 29.05 € for blue-collar workers). As from July 2016, the general minimum wage will be set at a gross monthly salary of 751 € for white-collar workers and at a minimum daily wage of 33.57 € for blue-collar workers. This one-time only legislative intervention will be followed by collective bargaining for the further determination of minimum wages.
- The Representative of Greece pointed out that there was no difference as regards minimum wage between permanent and tenured employees in the public sector.
- The general minimum wage will be determined by the National General Labour Collective Agreement, the terms of which shall apply universally.
To sum up, the Representative of Greece referred to the National Reform Program 2015 that was submitted to the European Commission at the beginning of May 2015:
“The re-determination of the minimum wage in the private sector is promoted, following a dialogue with the social partners. The national general collective labour agreement will be the instrument for setting the minimum wage at national level. The said agreement will be universally applied. The gradual reintroduction of the legal framework concerning collective bargaining will favour the increase of the minimum wage and at the same time prevent and absorb shocks in the labor market.”
37. Replying to a question from the Representative of Poland, the Representative of Greece confirmed the measures to be implemented as from October 2015 concerned also wages of young workers.
38. The Representative of ETUC welcomed in particular the planned re-introduction of collective bargaining and hoped that the Government of Greece remained determined on that important labour policy issue. This opinion was shared by the Representative of Lithuania.
39. The GC welcomed the political willingness of the Greek Government to amend the situation of workers depending on the national minimum wage. It also welcomed the re-introduction of the collective bargaining and decided to await the next assessment of the ECSR.
ESC 4§1 luxembourg
The Committee concludes that the situation in Luxembourg is not in conformity with Article 4§1 of the 1961 Charter, on the ground that the minimum wage for private sector workers does not ensure a decent standard of living.
40. The Secretariat said that the situation was not in conformity since 2007.
41. The Representative of Luxembourg said that national minimum wage is currently set at 11.12 € per hour – the highest minimum wage in Europe according to OECD data. If the minimum wage constituted only 50.4% of the average wage, this was due to high number of well paid employees for example in the financial sector. The Representative of Luxembourg added that the government just agreed on a draft law on a housing allowance which would further increase the net income of those depending on the minimum wage.
42. The Representative of the International Organization of Employers (IOE) wondered why the situation in Luxembourg was considered to be in non-conformity with the European Social Charter. After all, we were discussing the highest national minimum wage in Europe. The Chair replied that the ECSR examined the ratio of national minimum wage to the national average wage.
43. The GC took note of the information provided by the Government of Luxembourg and decided to await the next assessment of the ECSR.
ESC 4§1 spain
The Committee concludes that the situation in Spain is not in conformity with Article 4§1 of the 1961 Charter on the grounds that:
- the minimum wage for workers in the private sector does not secure a decent standard of living;
- the minimum wage for contractual staff in the civil service does not secure a decent standard of living.
44. The Secretariat said that the situation was not in conformity since 1991.
45. The Representative of Spain said that the minimum inter-professional wage was set by the government since January 2015 at 21.62 € per day or 648.60 € per month. In any case, the annual amount should not be lower than 9080.40 €. This amount constituted 34.7% of the national reference wage.
This decision had been taken after consulting the social partners. The Representative of Spain stressed that only a limited number of employees (124 500 workers) depended on this minimum wage.
46. The Chair noted that the situation of the national minimum wage had not evolved since the last assessment of the ECSR.
47. The Representative of ETUC deplored the decline in the number of workers covered by collective agreements.
48. The GC took note of the information provided and asked the Government of Spain to make efforts to be in compliance with the European Social Charter. It decided to await the next assessment of the ECSR.
ESC 4§1 united kingdom
The Committee concludes that the situation in the United Kingdom is not in conformity with Article 4§1 of the 1961 Charter on the ground that the minimum wage applicable to workers in the private sector does not secure a decent standard of living.
49. The Secretariat said that the situation was not in conformity since 1991.
50. The Representative of the United Kingdom said that the government was committed to increase living standards in particular for the low paid by cutting their taxes and by increasing employment and employment prospects. He continued by saying that the National Minimum Wage (NMW) was set by an Independent Low Pay Commission at a level that maximizes wages without damaging employment.
The Representative of the United Kingdom added that the NMW had increased since 1999 faster than average earnings without an adverse effect on employment. Since October 2014, the NMW is set at ₤ 6.50, the biggest cash increase since 2008.
51. The IOE Representative deplored the static approach of the ECSR to the issue of national minimum wage. A national minimum wage set too high automatically led to higher unemployment. The national minimum wage was meant to enable entering the labour market and then to move on.
52. The Representative of the United Kingdom said that a fine balance was to be achieved. Higher minimum wage put job creation at risk. After all, creating jobs was the best way to combat poverty.
53. The Chair noted that the situation was not in conformity with the European Social Charter since 1991. She encouraged the Government of the United Kingdom to contact the ECSR for an exchange of views. Otherwise the situation would never change.
54. The GC took note and decided to await the next assessment of the ECSR.
Article 4§4 - Reasonable notice of termination of employment
ESC 4§4 CZECH REPUBLIC
The Committee concludes that the situation in the Czech Republic is not in conformity with Article 4§4 of the 1961 Charter on the ground that the period of notice and/or the amount of severance pay is not reasonable in cases where the worker has more than 15 years of service.
55. The Secretariat said that the situation was not in conformity since Conclusions XVI-2 (2003).
56. The representative of the Czech Republic provided information on the Labour Code, which protected all employees by setting a minimum period of notice of 2 months. Moreover, Article 67 of the Labour Code stipulated the conditions for entitlement to severance pay. Employees with over two years of service were entitled to severance pay equivalent to at least 3 months’ average earnings and the Czech Republic believed that its legislation was in compliance with the Charter. Furthermore, collective agreements or internal rules can stipulate a higher severance pay and period of notice. Legislation was based on a consensus of representatives of employers and employees, respecting their mutual interests. The Government believed that 5 months of protection, consisting of 2 months of period of notice and 3 months of average earnings, was adequate.
57. The representative of the ETUC pointed out that it was a long standing situation of non-conformity and the Government had not shown any willingness to change the legislation.
58. The Chair observed that the combination of notice and severance pay was often not clearly presented in national reports, which may have been the case for the Czech Republic.
59. The representative of the Czech Republic found that an ECSR interpretation of the term ‘reasonable’ would be useful and could help clarify matters for the countries concerned.
60. The GC took note of the information provided, encouraged the Government to provide all the information in the next report and decided to await the next assessment of the ECSR
ESC 4§4 GREECE
The Committee concludes that the situation in Greece is not in conformity with Article 4§4 of the 1961 Charter on the grounds that:
• The severance pay granted to manual workers is inadequate;
• There are no periods of notice or severance pay in case of termination of employment during the probationary period and the violation noted by the decision on the merits of Collective Complaint No. 65/2011 has not been remedied.
61. The Secretariat said that the first ground was not in conformity since Conclusions XII-1 (1992) and the second ground since Collective Complaint No. 65/2011.
62. The representative of Greece had nothing specific to report as there had been no new legislative changes or other measures concerning the issues in hand. It was a known fact that most of the issues resulted from obligations imposed by the “Memoranda of Understanding” as conditions for the disbursement of loan installments to Greece. The Greek Government was fully aware of the severe negative impact of the austerity measures imposed and the consequences, which were substantially related to the economic adjustment programme that Greece had to accept to ensure repayment of its sovereign debt, and remained one of the government’s main concerns. Hence it had already initiated extensive dialogue with the social partners as a first step of a total and in-depth review of the labour legislation. A bill on collective agreements and minimum wages was under way, which had already been referred to during the GC meeting. The issues relating to Article 4§4 and Collective Complaint N°65/2011 were also to be examined, with a view to reinforcing workers’ protection in general, strengthening dismissal protection and creating counter-incentives to easy dismissals.
63. The Governmental Committee took note of the willingness of the Government to make the necessary changes and decided to await the next assessment of the ECSR.
ESC 4§4 Iceland
The Committee concludes that the situation in Iceland is not in conformity with Article 4§4 of the 1961 Charter, on the ground that the two weeks’ notice period provided for in the collective agreement applying to skilled construction and industrial workers is not reasonable beyond six months of service.
64. The Secretariat said that the situation was not in conformity on this ground since Conclusions XVIII-2 (2007).
65. The representative of Iceland said that the Government had informed the social partners of the situation of non-conformity, since the provisions in question were provided for in the collective agreement that applied to skilled construction and industrial workers. The negotiations on collective agreements had been particularly difficult due to labor market developments in the aftermath of the financial crisis. The social partners were not yet able to cover this matter in their negotiations but it would be pursued again in the next collective bargaining session. According to the collective agreement, when a skilled construction or industrial worker changed jobs and went from one employer to another, rights obtained over time were retained with regard to the length of the applicable notice period, provided that the worker stayed in the same occupation. Therefore, a worker only had a two week notice period the very first year after entering the relevant occupation as a skilled construction or industrial worker. After the first year within that occupation, the notice period became one month irrespective of whether the worker was still with the same employer or had moved on to another employer, provided that the worker stayed in the same occupation. The two week notice period beyond six months of service therefore only applied during the second half of the first year after a worker entered the occupation as a skilled construction or industrial worker.
66. The GC took note of the upcoming negotiations with the social partners in this context and decided to await the next assessment of the ECSR.
ESC 4§4 POLAND
The Committee concludes that the situation in Poland is not in conformity with Article 4§4 of the 1961 Charter on the ground that the notice period which applies in the event of early termination of fixed-term contracts is not reasonable.
67. The Secretariat said that the situation was not in conformity since Conclusions XV-2 (2001).
68. The representative of Poland said that there was an error in the report from Poland concerning this Article as, contrary to the information provided, there were in fact no proposed amendments to the relevant legislation. However, the Government had decided to change the Article of the Labour Code in question which concerned notice for fixed-term contracts and this draft had already been examined by the lower house of Parliament. The process, started in April, was progressing well and there was a strong wish to conclude the work as quickly as possible, before the next parliamentary elections in October 2015. Concerning the contents of the amendment, it was foreseen in the draft that the periods of notice would depend on the periods of employment with an employer. The mechanism of the calculations of notice would be the same as for indefinite contracts. This meant that there would be 2 weeks, in cases of employment with an employer for up to 6 months; 1 month in cases of employment with an employer for at least 6 months; and 3 months in cases of employment with an employer for at least 3 years. The amendment would enter into force 6 months after its adoption. The grounds for the draft indicated the negative conclusion in the case of the Charter as justification for this amendment (in parallel with the opinion of the European Commission on the violation of Directive 99/70).
69. The Governmental Committee took note of the draft law underway and decided to await the next assessment of the ECSR.
ESC 4§4 SPAIN
The Committee concludes that the situation in Spain is not in conformity with Article 4§4 of the 1961 Charter on the grounds that:
• the notice period that applies to permanent and fixed-term employment contracts under the following circumstances is not reasonable:
• dismissal when an employment contract expires or when its objectives are realised;
• termination of employment contracts based on the death or retirement of an employer who is a natural person or based on the winding up an employer which is a legal person, beyond three years of service;
• termination of employment contracts for objective reasons, beyond six month of service.
• employees on probationary periods under entrepreneur support contracts may be dismissed without notice;
• notice periods may be left to the discretion of the parties to an employment contract.
70. The Secretariat said that this was a first time conclusion of non-conformity on these grounds and recalled that Spain had not been in conformity with this Article since 1998.
First ground of non-conformity
71. The representative of Spain said that the reasons for the non-conformity were not clear and the Government believed that some confusion had arisen between the types of indemnity provided for in cases of termination of employment. She pointed out that, in addition to the legislation, the period of notice could be regulated in collective agreements and individual labour contracts, whilst respecting the legal minimum requirements. Periods of notice provided for in the legislation were fixed, not depending on the length of service, and a period of 15 days of notice applied to contracts of over one year. A distinction should be made, however, between the period of notice and the compensatory indemnity due at the end of the labour relationship. For example, for fixed terms contracts over a year, there was an obligation for the employer to pay an indemnity of an amount proportional to 12 days for each year of service (Article 49.1.c of the Workers Statute), and consequently, it was necessary to take this into account in addition to the 15 days period of notice. For similar reasons, the Government did not agree with the non-conformity of the situation related to death, retirement or winding up of the business by an employer, as an amount equivalent to one month of salary was provided for (Article 49.1.g of the Workers Statute). With regard to termination of an employment contract for objective reasons, beyond six months of service, the legislation also provided for an indemnity related to length of service which allowed sufficient means for searching a new job.
Second ground of non-conformity
72. The representative of Spain said, with regard to entrepreneurial support contracts that, in certain cases, termination of the contract could take place without notice. She referred to two precedents in this context which concerned the fourth complementary report with regard to alleged non application of the ILO Convention on termination of employment, 1982 (N° 158) and a Judgment of the Constitutional Court, n° 5603-2012. The Government acknowledged that measures would be required. It was pointed out that the probationary period consisted of one year (Article 4.3 of Law 3/2012).
Third ground of non-conformity
73. The representative of Spain said, concerning notice periods left to the discretion of the parties to an employment contract, that this possibility was foreseen in conformity with Article 3.1.c of the Workers Statute. It was pointed out that this was only possible as long as the contract did not establish conditions that were less favourable for the worker than those foreseen in the legislation or collective agreements.
74. The representative of Spain, in reply to a question by the Chair, said that in most cases, in practice, more favourable conditions for notice existed at the end of the labour contract than those provided for in legislation through collective bargaining. She said that all the information to questions raised would be provided in the next report and underlined the willingness of Spain to conform to the Charter.
75. The GC took note of the willingness of Spain to conform to the Charter, encouraged the Government to clarify issues with the ECSR and decided to await the next assessment of the ECSR.
ESC 4§4 UNITED KINGDOM
The Committee concludes that the situation in the United Kingdom is not in conformity with Article 4§4 of the 1961 Charter on the ground that notice periods are inadequate below three years of service.
76. The Secretariat said that the situation had not been in conformity since 1979.
77. The representative of the United Kingdom said that the Coalition Government noted the negative conclusion reached by the ECSR on the last report. However, it maintained that the current UK statutory right to a minimum period of notice of termination of employment struck the correct balance between fairness for employees and flexibility for employers. Increasing notice rights for employees with less than 3 years' service would risk upsetting that balance.
78. The Chair recalled that a warning had been issued to the United Kingdom, adopted by the GC on the last occasion.
79. The Governmental Committee took note that the situation had not changed and decided to await the next assessment of the ECSR.
Article 4§5 - Limits to deduction from wages
ESC 4§5 Iceland
The Committee concludes that the situation in Iceland is not in conformity with Article 4§5 of the 1961 Charter on the ground that, after maintenance payments for children and other authorised deductions, the wages of workers with the lowest pay do not allow them to provide for themselves or their dependants.
80. This is the first time that the Committee has concluded that the situation is not in conformity with the Charter.
81. The Representative of Iceland said that in the view of the Icelandic Government, the provisions on wage deductions under Icelandic law provided adequate safeguards to ensure that workers can provide for themselves and their dependents.
She specified that deduction of wages was carried out in respect of taxes, premiums to pension funds and child support in accordance with the provisions of the Act on Revenues of Municipalities (No 4/1995), the Act on the Withholding of Public Levies at Sources (No. 45/1987), the Act on the Worker´s Wages and Terms and Obligatory Pension Insurance (No. 55/1980), the Act on the Child Support Collection Center (No. 54/1971), the Tax Act (No 90/2003), the Regulation on Deduction from Wages (No. 124/2001) and the Regulation on the Collection of Child Maintenance Payments (No. 491/1996).
Furthermore, the Representative of Iceland observed that with regard to deduction from wages in respect of taxes and premiums to pension funds, workers can request that deductions from their wages be limited if their wages will otherwise not allow them to provide for themselves and their dependents (Article 4(1) of the Regulation on Deduction from Wages). If such a request is made, the debt collector of the Treasury and the worker make a payment plan where the wage deductions are lowered to ensure that the worker can provide for himself and his dependents. Such payment plans are quite common; in 2015, 2.539 payment plans have been made to lower wage deduction. The procedure for requesting a lowering of the wage deduction is very simple: a person concerned contacts the collector of the Treasury and requests that a payment plan be made. If the wage deduction has already been carried out when such a request is made, the collector of the Treasury reverses the wage deduction and repays the worker what has been deducted, apart from the minimum monthly payment, which is ISK 10.000 (70 Euros). The payment plan takes into account the worker’s wages and number of dependents. In the case of those with the lowest income, the monthly deduction from a worker´s wages will therefore only be ISK 10.000, irrespective of how high the worker´s debt may be.
Finally, the Representative of Iceland said that with regard to wage deductions in respect of child support, Article 5(4) of the Act on the Child Support Collection Center states that the Child Support Collection Center can lower the monthly amount that is deducted from a worker´s wages in light of a worker´s difficult social conditions including but not limited to such factors as low wages, a heavy debt burden and number of dependents. This provision states that in such circumstances, the Child Support Collection Center shall make a temporary agreement with the worker on a payment plan in which the monthly amount that is deducted from his wages is lowered. Such agreements shall be reviewed on a regular basis and at least every six months. The provision furthermore states that in cases where there are continued difficult social and financial conditions and the Child Support Collection Center considers that the worker will not be able to pay what he owes the Center can decide to waive the debt, either partially or in its entirety, provided that the worker has respected his obligations according to the aforementioned payment plan for a period of at least three years.
82. In reply to a question from the representative of Denmark, the representative of Iceland said it was her understanding that if that if the worker requests a payment plan after the wage deduction was made, such requests are processed within a month. The representative of Iceland stated that more information would be provided in the next report as regards the length of time it takes to process worker’s requests for the lowering of wage deductions.
83. The representative of Lithuania asked for more information about wage deductions.
84. The GC took note of the information provided and noted that the Government of Iceland considered itself to be in conformity with Article 4§5 of the Charter. The GC invited the Government of Iceland to provide clear and detailed information on wage deductions in the next report and decided to wait for the ECSR’s next assessment.
ESC 4§5 Luxembourg
The Committee concludes that the situation in Luxembourg is not in conformity with Article 4§5 of the 1981 Charter on the ground that after authorised deductions, the wages of workers with the lowest pay do not enable them to provide for themselves or their dependants.
85. The ECSR noted previously (Conclusions XIX-3 (2010)) that Luxembourg had failed to submit a report within the stipulated deadline and had deferred its conclusion prior to that (Conclusions XVIII-2 (2007)) pending receipt of information on the total maximum proportion that could be deducted from employees’ wages under the relevant legislation.
The Representative of Luxembourg informed the Committee that the scales for the attachable portion of wages –assignments and attachments of remuneration for work and of pensions and annuities – were governed by the 1970 legislation and that there were no plans to amend the latter. Under the existing law, the assignable part was treated separately from the attachable part. The portion which was liable to assignment and attachment was calculated on the basis of the remuneration net of social contributions and tax deductions. In the case of assignments or attachments to pay maintenance debts, as provided for inter alia in the Civil Code, the current monthly maintenance payment would be deducted, every month, from that portion of the remuneration which was not liable to assignment or attachment. Deductions could also be made from the assignable and attachable portion of the remuneration, where necessary, either as security for any current monthly payment over and above the unassignable and unattachable portions, or as security for maintenance arrears and costs, or in favour of ordinary, opposing or assignee creditors.
The Representative of Luxembourg explained that an attachment on wages was a judicial procedure whereby a creditor arranged for a portion of a defaulting debtor’s earnings to be withheld by the debtor’s employer. The court determined the amount to be withheld from the person’s wage and paid every month to the creditor, until the debt had been repaid in full.
In reply to a question from the Chair, the Representative of Luxembourg said that the minimum wage was €1,922 and that approximately 10% of the population earned this amount. Deductions from the minimum wage were capped at 35% of that wage, furthermore.
86. In reply to a question from the Representative of Austria, the Representative of Luxembourg explained that workers on the minimum wage could claim assistance such as the cost-of-living allowance or the tax credit.
87. The GC took note of the explanations provided, encouraged the Luxembourg government to provide clear and detailed information in the next report or to contact the ECSR and decided to wait for the ECSR’s next assessment.
ESC 4§5 Poland
The Committee concludes that the situation in Poland is not in conformity with Article 4§5 of the 1961 Charter on the ground that, after maintenance payments and other authorised deductions, the wages of workers with the lowest pay do not enable them to provide for themselves or their dependants.
88. The situation has not been in conformity with the 1961 Charter since the Conclusions XVI 2 (2003).
89. The Representative of Poland explained that there were no plans to amend the existing legislation on wage deductions in respect of maintenance payments. Under the Labour Code (Article 87§4), deductions for maintenance payments were capped at 3/5 of the debtor’s wage. Where the amount of maintenance payments exceeded this level, the unpaid amounts were added together and must be paid when the maintenance obligation expired.
Referring to the exchange of views between the Polish delegation and the ECSR in May 2015 and to the national report, the Representative of Poland said that, when assessing the national provisions on deductions for maintenance, the interests of the persons entitled to maintenance payments must be balanced against those of the debtor so as to secure a decent standard of living for both.
90. The GC took note of these explanations, encouraged the Polish government to provide clear and detailed information in the next report and decided to wait for the ECSR’s next assessment.
ESC 4§5 United Kingdom
The Committee concludes that the situation in the United Kingdom is not in conformity with Article 4§5 of the 1961 Charter, on the grounds that:
· it has not been established that the limits on deductions from wages equivalent to the National Minimum Wage are reasonable;
· the determination of deductions from wages higher than the National Minimum Wage is left at the disposal of the parties to the employment contract.
91. This is the first time that the Committee has concluded that the situation is not in conformity with the Charter.
First ground of non-conformity
92. The Representative of the United Kingdom recalled that under UK law, there are limited circumstances in which deductions can be made from a worker’s pay. These fall into two categories: those that reduce pay for the purposes of calculating the National Minimum Wage (NMW) and those that do not reduce pay for that purpose. The Government’s view is that deductions for the purposes of calculating the NMW are reasonable; it is fair that where deductions do not benefit the employer or are not directly related to an individual’s employment, they should not reduce pay when calculating whether someone has received the NMW. The Government is also confident that the NMW rules prevent employers from exploiting workers through unreasonable deductions from wages related directly to the employment or that the employer gains from directly.
Second ground of non-conformity
93. The Representative of the United Kingdom informed that the Government’s view is that because they are not connected to a worker’s employment contract, it is reasonable that deductions are made for trade union subscription, for example. He said furthermore that separate provisions are in place to protect workers to claim back money they perceive to have been unlawfully deducted by their employer: workers are able to claim for an unlawful deduction of wages in an Employment Tribunal and they can make a breach of contract claim in the Employment Tribunal or County Court.
94. In reply to a question from the Chair, the Representative of the United Kingdom informed that the amount of a deduction depends on the reason why it was decided.
95. The GC took note of the information provided, invited the Government of the United Kingdom to provide clear and detailed information on wage deductions in the next report and decided to wait for the ECSR’s next assessment.
Article 5 - Right to organise
ESC 5 DENMARK
The Committee concludes that the situation in Denmark is not in conformity with Article 5 of the 1961 Charter on the ground that the legislation on the International Ships Register provides that collective agreements on wages and working conditions concluded by Danish trade unions are only applicable to seafarers resident in Denmark.
96. The Secretariat said that the situation has not been in conformity with the Charter since conclusions 1991.
97. The Danish representative said that in previous meetings Denmark has provided the Committee with comprehensive background information on the Danish International Shipping Register – and the necessity for establishing the register to maintain the maritime cluster, employment, and the importance for the Danish economy. The Danish representative gave an overview of the situation in the Danish shipping industry 30 years ago compared to the present and give an explanation on the reasons why the Danish international register was established, to maintain the maritime sector and the maritime cluster as a whole and maintain international competitiveness.
The Danish representative said that the Government is fully aware that the international register and the surrounding measures had an extraordinary character. However, as stated in previous meetings Denmark was in an extraordinary situation. It was necessary to address the continuous flagging out and the loss of jobs and currency earnings. Now more than 25 years after the establishment of the Danish international register the underlying reasons for doing so still apply. A number of Danish owned vessel are registered outside Denmark, outside Danish legislation and the reach of the Social Charter. If they do not maintain a competitive framework conditions and dismiss their legislation thus increasing manning costs this would not be to the benefit of the seafarers - ships would be transferred to foreign registers, some with substantially lower safety, social and employment standards and it would have consequences for the employment on board and ashore.
Turning to the Committees' comments the Danish representative said that the Committee does not consider it as a convincing argument that the criterion of residence is in fact an objective criterion. The Committee states that the number of Danish nationals not resident in Denmark and working on board ships entered in the international register is presumably limited compared to the number of non-Danish seafarers not resident in Denmark. On the other hand it could be argued that if the majority of the seafarers are non-domiciled why they should not be represented by Unions in their own country? The Danish representative finally pointed out the ILO convention n.111 on discrimination which sets out the general conditions on non-discrimination in employment and occupation. This Convention does not include a criterion based on residence in the set of criteria of discrimination.
98. As for the general discussion held by the GC, see the report with respect to Article 6§2 ESC.
ESC 5 ICELAND
The Committee concludes that the situation in Iceland is not in conformity with Article 5 of the 1961 Charter on the grounds that:
· the existence of priority clauses in collective agreements which give priority to members of certain trade unions in respect of recruitment and termination of employment infringes the right not to join trade unions;
· the statutory obligation on an employer to pay the industry charge infringes the right to organise.
First ground of non-conformity
99. The Secretariat said that the situation was not in conformity since Conclusions 2010. In 2011, the GC had voted on a warning which had been carried.
100. The Representative of Iceland emphasized that the Icelandic Constitution stated that no one was obliged to be a member of an association. Concerning priority clauses, these had a long history in Iceland. Today they contributed to an organized and stable labour market.
It should be noted that priority rights under Icelandic collective agreements did not entail an exclusive right of the trade union to negotiate a collective agreement. The Icelandic trade unions could have recourse to a priority clause only if they could prove that their members were as qualified or better qualified than non-unionized applicants. Employers were free to determine the conditions applicants were required to meet to be offered a contract of employment.
The Representative of Iceland underlined that Icelandic trade unions made a clear distinction between closed shop clauses which exclude workers on the one hand and priority clauses on the other which did not have the same effect. In that respect it should be noted that freely negotiated priority clauses in collective agreements such as the Icelandic ones were in full conformity with ILO Conventions No. 87 and 98.
The Representative of Iceland said that intervention by means of legislation or any other measures with the intention of prohibiting the priority clauses in free collective agreements could have a serious effect on the stability of the Icelandic labor market with unforeseeable consequences. The aim of the Icelandic Government was to respect the social dialogue and the importance that the social partners achieve consensus in collective agreements on labour market issues thus contributing to economic stability and social justice.
Second ground of non-conformity
101. The Representative of Iceland informed the GC that following the judgment of the European Court of Human Rights dated 27th of July 2010 (Vördur Ȯlafsson v. Iceland), the Icelandic Parliament passed an Act to repeal the industry charge. This Act entered into force on 1 January 2011.
102. The GC congratulated the Government of Iceland to the new legislation concerning the industry charge and decided to await the next evaluation of the ECSR with respect to the second conclusion of non-conformity.
103. The Secretariat said that the GC had voted in 2011 for a warning on the first ground of conformity.
104. The GC took note of the traditional reasons which made the system of priority clauses to persist in Iceland. At the same time no research had ever been undertaken which examined the consequences on the stability of the labour market if the priority clauses were to disappear.
The GC repeated the vote for a warning on the first ground of non-conformity which was not carried (7 in favour; 20 against).
ESC 5 LATVIA
The Committee concludes that the situation in Latvia is not in conformity with Article 5 of the 1961 Charter on the ground that a minimum of 50 members or at least one quarter of the employees of an undertaking are required to form a trade union, which is an excessive restriction on the right to organise.
105. The Secretariat said that the situation was not in conformity since Conclusions 2010.
106. The Representative of Latvia said that following this conclusion of non-conformity the Parliament of Latvia had passed legislation on the 6th of March 2014. This law prescribed inter alia that the number of trade union founders should be at least 5 or one quarter of the total number of employees. The Government of Latvia considered that the new law was in compliance with the ESCR requirements.
107. The GC congratulated the Government of Latvia on this new legislation and decided to await the next evaluation of the ECSR.
ESC 5 LUXEMBOURG
The Committee concludes that the situation in Luxembourg is not in conformity with Article 5 of the 1961 Charter, on the ground that national legislation does not permit trade unions to freely choose their candidates for joint works council elections, regardless of nationality.
108. The Representative of Luxembourg said that new legislation came into force on 23 July 2015 which should once and for all solve the issue raised by the ECSR.
109. The GC congratulated the Government of Luxembourg on this positive development and decided to await the next evaluation of the ECSR.
ESC 5 POLAND
The Committee concludes that the situation in Poland is not in conformity with Article 5 of the 1961 Charter on the grounds that:
· some categories of civil servants may not perform trade union functions;
· home workers do not enjoy the right to form trade unions.
First ground of non-conformity
110. The Secretariat said that the situation was not in conformity since Conclusions 2010.
111. The Representative of Poland said that on 8 May 2013 a draft law had been put on the list of future legislative initiatives to be taken by the Government. The aim of the draft law was to delete the current legislation prohibiting some categories of civil servants to perform trade union functions. By today, no decision had been taken yet.
Second ground of non-conformity
112. The Secretariat said that the situation was not in conformity since Conclusions 2010.
113. The Representative of Poland said that in the national report legislative measures had been announced with the aim of allowing home workers to enjoy the right to form trade unions. Meanwhile this draft law had been amended by covering also the self-employed. On 2 June 2015, the Constitutional Court ruled that provisions of the law on trade unions restricting the right to organize of home workers were incompatible with the Constitution. This judgment was published in the Dziennik Ustaw (Official Gazette) on 12 June 2015. Since that date, home workers had the right to form trade unions and join them.
114. The GC noted the limited number of civil servants concerned by the first ground of non-conformity. However the right to join trade unions being a hard core right of the European Social Charter, the GC decided to send a strong message to the Government of Poland to remedy the situation.
As for the second ground of non-conformity, the GC took note of the changes that occurred and decided to await the next evaluation of the ECSR.
ESC 5 United Kingdom
The Committee concludes that the situation in the United Kingdom is not in conformity with Article 5 of the 1961 Charter, on the ground that legislation which makes it unlawful for a trade union to indemnify an individual union member for a penalty imposed for an offence or contempt of court, and which severely restricts the grounds on which a trade union may lawfully discipline members, represent unjustified incursions into the autonomy of trade unions.
115. The Secretariat said that the situation was not in conformity since Conclusions 1991. The GC had voted on a Recommendation in 1997.
116. The Representative of the United Kingdom repeated the view of his Government that national legislation on trade union indemnification of members and on a trade unions ability to discipline its members was not inconsistent with Article 5 of the European Social Charter.
In order to truly represent their members’ interests, trade unions should operate in a way that reflected the wishes of their members. Members expected the organization of which they were a part to operate in accordance with the law. Members, in a democratic organization, also expected to be able to have different views to that of the leadership of the organization and not be disciplined for having such views.
Consequently, the Government of the United Kingdom repeated its view that national law prohibiting a trade union from indemnifying its members for fines imposed for breaking the law and which prohibited trade unions from punishing members for having different views were necessary in a democratic society.
The Representative of the United Kingdom recognized that these provisions of national law were already in place for more than two decades. There was no evidence that these provisions hindered trade unions from effectively representing their members.
In summary, the Government of the United Kingdom had no plans to change the law. However, the application of the law would be monitored to ensure that the requirements remained fit for the purpose.
117. The GC realized that this was a long standing issue. There seemed to be no indication whatsoever that the situation may change in the United Kingdom.
The GC decided to vote for a new Recommendation which was not carried (18 in favour; 10 against).
The GC suggested that a dialogue between the Government of the United Kingdom and the ECSR is established with a view to finding ways of a solution and urged the Government to bring the situation into conformity with the European Social Charter.
Article 6§2 - Negotiation procedures
ESC 6§2 DENMARK
The Committee concludes that the situation in Denmark is not in conformity with Article 6§2 of the 1961 Charter on the ground that the right to collective bargaining of non-resident seafarers engaged on vessels entered in the International Shipping Register is restricted.
118. Regarding art.6§2 the Danish representative said that Denmark has no minimum wages system established by law. Neither have they had a system by which one collective agreement should cover all workers in the same employment, the so-called erga omnes effect that is common in many other countries. Under Danish law it is possible to have competing collective agreements covering the same type of work. That is also the case with the International Shipping Register. It goes without saying that working conditions regulated by law such as minimum rest periods, free hospital care for seafarers, or wage substitute during illness or occupational injuries have to be respected regardless of nationality and residence.
The Danish representative emphasized that nothing in the present Danish legislation prevents seafarers from joining any workers organization that he or she wants. Furthermore, the Danish Governments has always encouraged free negotiations and has held consultations with the industry on the international register and the employment of foreign seafarers. The Danish Governments has continued to encourage the social partners to find sustainable solutions in terms of the employment of non-domiciled seafarers and the conditions under which they are employed. The social partners have in fact continuously addressed this issue through mutual industry agreements, which set out minimum terms and conditions for the employment of non-resident seafarers.
The Danish representative said that this industry agreement has been specifically designed to strengthen the maritime industry and the employment of Danish Seafarers at a national wage level, ensure appropriate qualifications for seafarers, continue to improve training and safety, and provide for the conclusion of collective agreements with foreign unions. In February 2013 a new industry framework agreement on the Danish international register was adopted between the all social partners in the shipping industry, with the exception of one organization. The agreement from 2013 (DIS Main Agreement) is a continuation of previous cooperation and main agreements between the social partners, starting with an agreement that dates back to 1997. The DIS main agreement clearly states that seafarers employed under a collective agreement according to Article 10, para 3, of the Act on the Danish International Register of Shipping may choose to be a member of a Danish trade union.
Whether a seafarer who is not residing in Denmark and who is not employed on a collective agreement, may be a member of a Danish trade union is neither regulated in the Act on the international register nor in the DIS Main agreement. This is solely determined by the individual trade union in accordance with its own rules.
It follows from the DIS Main Agreement that Danish unions, which are parties to the agreement, may at their own wish be represented in the negotiations with foreign trade unions, the purpose obviously being to secure that the result of the negotiation is in accordance with an internationally acceptable level in terms of wages and other conditions agreed on between other internationally affiliated trade unions and shipping companies.
119. The Lithuanian representative pointed out that this was a very long standing situation of non-conformity and that 2 specific Recommendations on both articles 5 and 6§2 ESC respectively had been voted more than 20 years ago. Something should be done to change this situation.
120. The Chair asked whether the situation of non-conformity concerned the European Social Charter only. Was there compliance with ILO and EU regulations? The Danish representative replied that in a Danish case the EU court had concluded with a favourable decision for the Danish government. However, Denmark received similar criticism from the ILO on this issue. The Danish representative continued that her government was encouraging the social partners to find a positive solution, but up until now they had not succeeded yet.
121. The GC took note of the comprehensive information received and urged the Danish representative to contact the ECSR in order to discuss and find a solution for this long standing situation.
The GC decided to await the next assessment of the ECSR.
ESC 6§2 LATVIA
The Committee concludes that the situation in Latvia is not in conformity with Article 6§2 of the 1961 Charter on the ground that the voluntary negotiations are not sufficiently promoted in practice.
122. The situation has not been in conformity with the Charter since Conclusions 2010.
123. The Latvian representative said that the Latvian government considers as inadequate the declaration that the voluntary negotiations are not sufficiently promoted in practice, as social dialogue is very important in Latvia and it plays a significant role in development of policy and also in arrangement and improvement of various issues of labour relations. The Latvian government implemented several measures characterized already in the 9th Report on the implementation of the European Social Charter on Article 6 with an aim to promote voluntary negotiations and conclusion of collective agreements. The Latvian representative said that it must be taken into account the many other on-going factors that influenced the conclusions of the Committee, such as the impact of the economic crisis, and the high number of immigrants from Latvia to other countries and the increase of significant number of micro-enterprises in Latvia. The representative of Latvia provided some statistical data on the evolution of the microenterprises in Latvia (from 115.939 in 2009 to 142.767 in 2013). The Latvian representative said that in micro-enterprises, employees effectively represent their interests by themselves in all labour matters, including a determination of new labour and social security guarantees successfully directly concluded and negotiated with an employer. Finally it was reminded that the conclusion of collective agreements and the social partners’ involvement in voluntary negotiations are voluntary rights for both sides – employer’s and employee’s representatives, without any compulsory character. It is prohibited for the State to make any actions that are aimed at affecting the social partners will, to conclude collective agreements or to take part into voluntary negotiations in a compulsory way.
124. The ETUC asked for more statistical data on the number of workers covered by collective agreements in the public sector. The Latvian representative replied that the government would provide additional information in the next report.
125. The GC took note of the information provided and decided to await the next assessment of the ECSR.
ESC 6.2 SPAIN
The Committee concludes that the situation in Spain is not in conformity with Article 6§2 of the 1961 Charter on the following grounds:
- Legislation was passed which affects the right to bargain collectively, without consultation of trade unions and employers’ organisations.
- Act 3/2012 allows employers unilaterally not to apply conditions agreed in collective agreements.
126. The Secretariat said these were first time situations of non-conformity.
First ground of non-conformity
127. Regarding the lack of prior consultations, the Representative of Spain reiterated the statement made by the Government in its October 2014 report. At the time it had been difficult to reconcile the urgency which, in line with Article 86 of the Spanish Constitution, allowed and justified the decision by the executive arrangements by a Decree - "In case of extraordinary and urgent need, the Government may make arrangements which will take the form of decree-laws "- with the realization of prior consultations.
Second ground of non-conformity
128. Regarding the regulation concerning the substantial change in working conditions thus allowing the employer in certain cases to unilaterally change the terms of employment, the Representative of Spain emphasized that this regulation had already been part of the labor reform of 1994. The labour reform of 2012 added simply an explanation of reasons which could justify a change. It added new working conditions which could be affected and changed the definition of collective modification. However, it did not introduce anything new regarding the possible unilateral action of the employer with respect to working conditions agreed upon by collective agreement.
129. The Representative of ETUC demonstrated with figures that since 2007 the number of collective agreements was cut by more than half due to this legislation meant to introduce more flexibility into the labour market.
130. The Representative of the IOE maintained that the labour reform adopted in Spain aimed at increasing the flexibility of the labour market and of collective agreements, in order to better respond to workers’ and employers’ needs at company level.
Regarding the lack of prior consultation, the Representative of IOE maintained that in Spain social dialogue still existed. Another agreement on collective bargaining had only been reached in 2015.
131. The Representative of Spain said the Constitutional Court of Spain had considered the labour reforms reasonable and justified.
132. The GC invited the Government of Spain to contact the ECSR with a view to sorting out possible misunderstandings, to include all the relevant information into the next report and decided to await the next assessment of the ECSR.
ESC 6§2 UNITED KINGDOM
The Committee concludes that the situation in the United Kingdom is not in conformity with Article 6§2 of the 1961 Charter on the ground that workers and trade unions do not have the right to bring legal proceedings in the event that employers offer financial incentives to induce workers to exclude themselves from collective bargaining.
133. The Secretariat said that the situation had not been in conformity with the Charter since conclusions 1991.
134. The United Kingdom representative said in his opening remark that this case is another example of a different interpretation, and different legal system and social model being use to implement the application under the Charter. As far as the point raised by the ESCR is concerned, it seems that it is based on a misunderstanding. In fact, the criticism that states that workers are not able to bring legal proceedings is actually incorrect because individual are allowed to do it in respect of their own individual rights. The representative of the United Kingdom said that National law provides that individuals who are trade union members have the right not to have an offer made to them by their employer for the sole or main purpose of inducing them not to be or seek to become a member of a trade union. In addition, the law provides union members, with the right not to have an offer made by their employer where acceptance of that offer would mean that workers will no longer be covered by collective bargaining arrangements with a trade union.
The UK representative said that national law provides for the unions to be recognised by employers for collective bargaining. National law also recognises that collective bargaining may result in a collective agreement. However, collective agreements are not legally binding, but any rights intended to apply to workers are incorporated into individual contracts of employment. Once incorporated the provisions collectively agreed become legally enforceable by the individual as part of their contract of employment. The UK representative said that the UK Government considers that the current state of domestic law relating to collective bargaining gives sufficient protection to the rights of workers and trade unions under Art.6 of the ESC. By introducing a statutory prohibition on offers to induce workers to surrender their trade union rights, the UK Government believes that it has helped protect the effective exercise of the right to bargain collectively.
Finally, the UK representative said that the UK Government does not consider that Art.6§2 ESC guarantees a right for co-workers or trade unions to bring proceedings regarding offers to induce the surrender of union rights. In any event, the right to have collective agreements enforced is an individual right so there is no need for co-workers or the unions to seek to ensure they are adhere to. They apply to the individual and they can be enforced by the individual. The UK representative in conclusion said that the Government has no plans at present to change this area of the law.
135. The ETUC representative said that this was indeed a long standing case. He asked the UK representative if the government could provide any new data on how in practice this situation was really causing a problem. The UK representative said that to his knowledge there had not been any recent cases of financial inducement.
136. The GC took note of the information provided and encouraged the UK Government to meet the ECSR and discuss thoroughly the reasons why this case was not in conformity.
The GC decided to await the next assessment of the ECSR.
Appendix I
List of participants
(1) 131e meeting, Strasbourg, 18-22 May 2015
(2) 132° meeting, Strasbourg, 5-9 October 2015
Liste (1)
ALBANIA / ALBANIE
Ms Kledia NGIELA E
Director of Legal Affairs Department, Ministry of Social Welfare and Youth, rv. Kavajès, nr 53, 1001 Tirana, Albania
Tel: +355 44 50 49 80
E-mail: [email protected];
ANDORRA/ANDORRE
ARMENIA/ARMENIE
Ms Anahit MARTIROSYAN E
Head of International Cooperation and Development Programmes Department, Ministry of Labour and Social Affairs
Government Building 3, Yerevan, Yerevan 0010, ARMENIA
Tel/Fax:(+37410) 56-37-91
E-mail: [email protected] ; [email protected]
AUSTRIA / AUTRICHE
Ms Elisabeth FLORUS E
EU-Labour Law and international Social Policy, Federal Ministry of Labour, Social Affairs and Consumer Protection, Stubenring 1, A - 1010 WIEN
Tel: +43 1 711 00 62 70 ; Fax: +43 1 718 94 70 26 31
E-mail : [email protected]
Ms Christine HOLZER E
Pensions and International Affairs, Federal Ministry of Labour, Social Affairs and Consumer Protection, Stubenring 1, A - 1010 WIEN
Tel: +43 1 711 00 6495 ; Fax: +43 1 71100 93 6495
E-mail : [email protected]
AZERBAÏJAN/AZERBAIDJAN
Ms Nurana BAYRAMOVA E
Consultant, Relations with Foreign States Unit, International Relations Department
Ministry of Labour and Social Protection of Population, Republic of Azerbaijan
85, Salatyn Askarova str., Baku, AZ 1009, Azerbaijan
Tel / Fax: +994 12 596 50 22
E-mail: nurana.[email protected];
BELGIUM / Belgique
M. Jacques DONIS F
Conseiller, Service public fédéral Sécurité sociale, DG Appui stratégique, Relations multilatérales, Centre Administratif Botanique, Finance Tower, Boulevard du Jardin Botanique 50, boîte 11000 Bruxelles
Tél. : 02/528 63 38 ; Fax.02/528 69 71
E-mail : [email protected]
Mme Stéphanie HAUTOT F
Attachée, Service public fédéral Emploi, Travail et Concertation sociale, Division des Affaires internationales, Rue Ernest Blerot 1, B 1070 BRUXELLES
Tel: +32 2 233 49 18
E-mail: [email protected]
BOSNIA AND HERZEGOVINA / BOSNIE-HERZÉGOVINE
Ms Ljiljana SANTIC E
Expert, Ministry of human rights and refugees of B&H, Trg Bosne i Hercegovine 1, 71000 Sarajevo
e-mail: [email protected]
telephone: + 387
BULGARIA / BULGARIE
Ms Agnes NIKOLOVA E
Expert, European Affairs and International Cooperation Directorate, Ministry of Labour and Social Policy - 2, Triaditza Str., BU - 1051 SOFIA
Tel.: +359 2987 3866 Fax. +359 2 98153 76
Email:[email protected]
Ms Dobrinka BONEVA-ILKOVA E
chief expert, International Organizations and International Cooperation Unit, European Affairs and International Cooperation Directorate, Ministry of Labour and Social Policy, 2, Triaditza Str., BU - 1051 SOFIA
Tel. / fax. +359 2 981 53 76
Email: [email protected]
Mr Alexander EVTIMOV E
Head of Unit, International Organizations and International Cooperation Unit, European Affairs and International Cooperation Directorate, Ministry of Labour and Social Policy - 2, Triaditza Str., BU - 1051 SOFIA
Tel. / fax. +359 2 981 53 76
Email: [email protected]
CROATIA / CROATIE
Ms Iva MUSIC E
Ministry of Labour and Pension System - Ulica grada Vukovara 78, 10 000 Zagreb , Croatia
tel: ++ 385 1 61 09 840
E-mail: [email protected]
CYPRUS / CHYPRE
Ms Natalia ANDREOU PANAYIOTOU E
International Relations, Ministry of Labour and Social Insurance - 7, Byron Avenue, CY 1463 NICOSIA
Tel: +357 22401820; Fax:+357 / 22670993
E-mail: [email protected]
CZECH REPUBLIC / RÉPUBLIQUE TCHÈQUE
Ms Brigita VERNEROVÁ E
EU and International Cooperation Department, Ministry of Labour and Social Affairs - Na Poříčním právu 1, 128 01 Prague, Czech Republic
Tel.: +420 221 923 390 Fax: +420 221 922 223
E-mail: [email protected]
DENMARK / DANEMARK
Ms Lis WITSØ-LUND E
Ministry of Employment, International Labour Law Centre, Ved Stranden 8, DK-1061 Copenhagen K
Tel.: +45 72205098, mobile: + 45 244 093 00
E-mail: [email protected];
ESTONIA / ESTONIE
Ms Helena PALL E
Adviser, Gender Equality Department, Ministry of Social Affairs - Gonsiori 29, 15027 Tallinn
Tel.: +372 626 9250
E-mail: [email protected]
Ms Inga PONINA
Social Security Department, Ministry of Social Affairs – Gonsiori 29, 15027 Tallinn E
Tel: +372 626 9237
E-mail: [email protected]
FINLAND / FINLANDE
Ms Seija JALKANEN E
Administrator, Legal Affairs, Ministry of Employment and the Economy, P.O. Box 32, FI-00023 Government Finland
Tel. +358 295 048952 Mobile : +358 50 3960195
Email: [email protected]
FRANCE
Mme Jacqueline MARECHAL (Chair / Présidente) F
Chargée de mission, Délégation aux affaires européennes et internationales, Ministère du travail,
de l’emploi et de la santé et Ministère des solidarités et de la cohésion sociale - 8 avenue de Ségur, 75350 PARIS 07 SP, France
Tel: +33 1 40 56 73 69 Fax: +33 1 40 56 47 72
E-mail: [email protected]
GEORGIA / GEORGIE
Ms Elza JGERENAIA E
Head of Labour and Employment Policy Department, Ministry of Labour, Health and Social Affairs of Georgia - 144 Tsereteli Ave, Tbilisi
Tel: +995 591 221 100, +(995 32) 2 51 00 11 (ext. 1502)
E-mail: [email protected]
GERMANY / ALLEMAGNE
Mr Jürgen THOMAS E
Deputy Head of Division VI b 4, ""OECD, OSCE"", Council of Europe, ESF-Certifying Authority, Federal Ministry of Labour and Social Affairs - Villemombler Strasse 76, D-53125 Bonn
Tel.: +49 228 99 527 6985; Fax: +49 228 99 527 1209
E-mail: [email protected]
GREECE/GRÈCE
Ms Panagiota MARGARONI E
Ministry of Labour, Social Security and Welfare
Department of International Relations
Section II, 29 Stadiou Str., Athens, Greece
Tel. 0030 213 1516469
e-mail: [email protected]
Ms Panagiota GKOVA
Chief of Section for Bilateral Agrements and International Organizations, E
Internationational Affairs Directorate, Secretariat General for Social Security, Ministry of Labour, Social Security and Welfare
29 Stadiou Str., 10110 Athens, Greece
Tel. +30 210 3368 139 144 Fax: +30 201 3368 167
e-mail: [email protected] ; [email protected]
Mr Georgio VAGENAS
Administrative Officer, International Affairs Directorate, E
General Secretariat of Social Security, Ministry of Labour, Social Security and Welfare
29 Stadiou Str., 10110 Athens, Greece
Tel. +30 210 Fax: +30 201 3368 167
e-mail: [email protected]
HUNGARY / HONGRIE
Ms Ildikó PAKOZDI E
National Office for Rehabilitation and Social Affairs
Damjanich u. 48, HU-1071 Budapest
Tel: + 36 1 462 6642
E-mail: [email protected]; [email protected]
ICELAND / ISLANDE
Ms. Lisa Margrét SIGURDARDÓTTIR E
Legal Advisor
Ministry of Welfare
Hafnarhúsinu við Tryggvagötu, IS-150 Reykjavík, Iceland
Tel.: (+354) 545 8100 Fax: (+354) 551 9165
E-mail: [email protected]
IRELAND / IRLANDE
Ms Margaret BURNS E
EU International Section, Department of Social Protection - Floor 5 AMD, Store Street, Dublin 2
Tel.: 0035317043171; Fax:
E-mail: [email protected]
Ms Siobhán O’CARROLL E
Employment Rights, Department of Jobs, Enterprise and Innovation
Davitt House, Adelaide Road, Dublin 2.
Tel: +353 1 6313292, Mobile : +353 870546451
E-mail: [email protected]
ITALY / ITALIE
Mr Pio Angelico CAROTENUTO E
Ministry of Labour and Social Policies – General Directorate of Industrial and Working Relations, Div. II, Head of Section, International Affairs, via Fornovo, 8 – Pal. B, 00192 ROMA
Tel.+39 06 46837229 ; Fax +39 06 46834246
e-mail: [email protected]
Ms Cecilia RUSCITTO F
Expert, National Institute of Social Security (INPS), D.C. Pensioni - Via Ciro il Grande, 21 - 00144 Roma
Tel.: 0039/06/ ; Fax: 0039/06/
E-mail: [email protected]
LATVIA / LETTONIE
Ms Velga LAZDIŅA-ZAKA E
Ministry of Welfare, Social Insurance Department – 28 Skolas Street, Riga, LV-1331, Latvia
Tel.: (+371) 67021554 Fax: (+371) 67021560
E-mail: [email protected]
LIECHTENSTEIN
LITHUANIA / LITUANIE
Ms Kristina VYSNIAUSKAITE-RADINSKIENE E
Deputy Head, International Law Division, International Affairs Department, Ministry of Social Security and Labour - A. Vivulskio st. 11, 03610 Vilnius, Lithuania
Tel. : +370 5 2664 231 Fax: +370 5 2664 209
E-mail : [email protected]
Luxembourg
M. Joseph FABER F
Conseiller de direction première classe, Ministère du Travail et de l'Emploi, 26 rue Zithe, L ‑ 2939 LUXEMBOURG
Tel: +352 247 86113 Fax: +352 247 86191
E-mail : [email protected]
Mme Michèle BASTIAN F
Service juridique international – International legal department
Inspection Général de la Sécurité Sociale – General Inspectorate of Social Security
BP1308
L- 1013 LUXEMBOURG
Tél : + 352 247 8 61 04 Fax: +352 480 415
Email : [email protected]
MALTA / MALTE
Mr Edward BUTTIGIEG E
Director, Contributory Benefits, Department of Social Security - 38 Ordnance Street, Valletta VLT2000, Malta
Tel: 00356 2590 3224
E-mail: [email protected]
REPUBLIC OF MOLDOVA / RÉPUBLIQUE DE MOLDOVA
Mme Lilia CURAJOS F
Chef de la Direction des relations internationales et integration europeenne, Ministère du Travail, de la Protection sociale et de la Famille, Vasile Alecsandri str 1., MD – 2009 CHISINAU
Tel: +373 22 26 93 12 Fax: +373 22 26 93 10
E-mail : [email protected]
MONACO
MONTENEGRO
Ms Vjera SOC E
Senior Advisor for International Cooperation, Ministry of Labour and Social Welfare, Rimski trg 46, Podgorica 20000 Podgorica / Montenegro
Tel: +382 (0)20 482-472; Fax: +382 (0)20 078 113351;
E-mail: [email protected]
NETHERLANDS / PAYS-BAS
Mr Kees TERWAN E
Senior Policy Advisor, Ministry of Social Affairs and Employment, Directorate of International Affairs, Postbus 90801, 2509 LV The Hague, the Netherlands
Tel. +31 70 333 6649 Fax: +31 70 333 4007
E-mail: [email protected]
Ms Maaike Fleur VAN ETTEKOVEN E
Senior Policy Advisor, Ministry of Health, Welfare and Sports, Health Insurance Directorate, Postbus 20350, 2500 LV The Hague, the Netherlands
Tel. +31 6 543 94980
E-mail: [email protected]
NORWAY / NORVÈGE
Mr Erik DÆHLI 18-19 E
Deputy Director, Norwegian Ministry of Labour and Social Affairs, Pension Department - P.O. Box 8019 Dep, NO-0030 Oslo
Tel: +4722248693; Fax: +4722249549
E-mail: [email protected]
Ms Ingrid SANDVEI FRANCKE E
Senior Adviser, The Working Environment and Safety Department, Norwegian Ministry of Labour and Social Affairs - P.O. Box 8019 Dep, NO-0030 Oslo
Tel: +4722248355; Fax: +47222
E-mail: [email protected]
POLAND / POLOGNE
Mme Joanna MACIEJEWSKA F
Conseillère du Ministre, Département des Analyses Economiques et Prévisions, Ministère du Travail et de la Politique Sociale - ul. Nowogrodzka 1/3, 00‑513 VARSOVIE, Pologne
Tel: +48 22 380 51 51 Fax: +48 22 380 51 03
E-mail: [email protected]
PORTUGAL
Mr Rui FONSECA E
Direção Geral da Segurança Social, Largo do Rato, nº 1 - Piso 2, 1269-144 Lisboa
Tel: Fax/
Email: [email protected]
Ms Odete SEVERINO E
Head of Unit, International Relations and Cooperation Units, Strategic and Planning Office, Ministry of Solidarity, Employment and Social Security, Praça de Londres, nº 2 - 5º - 1049-056 Lisbon
Tel: (351) 21 115 50 46
E-mail : [email protected]
ROMANIA / ROUMANIE
Ms Cristina ONCICA E
Consiliersuperior / Senior Counsellor
Directia relatii externe / Directorate for External Relations
Ministerul Muncii, Familiei, Protectiei Sociale si Persoanelor Varstnice / Ministry of Labour, Family, Social Protection and Elderly
2B Dem I Dobrescu, Sector 1 Bucharest
Tel-fax: 0040 21315 8609 / 0040 21 312 13 17
Email: [email protected]
RUSSIAN FEDERATION / FEDERATION DE LA RUSSIE
Mme Elena VOKACH-BOLDYREVA F
Deputy Director, Legal Regulation and International Cooperation Department, Ministry of Labour and Social Protection of the Russian Federation – 127994 rue Iliynka 21 103132 Moscow, Federation de la Russie
Tel : +7 (495) 606 15 41
Mobile: +7 (968)665 04 43
E-mail : [email protected]
SAN MARINO/SAINT MARIN
SERBIA/SERBIE
Ms Dragana SAVIC E
Head of Group for International Cooperation and European Integration, Department for International Cooperation, European Integration and Project Management, Ministry of Labour, Employment, Veterans and Social Affairs, - Nemanjina St. 22-26, Belgrade
Tel.: + 381 11 36 16 261; Mob.: + 381 64 22 12 485
E-mail: [email protected]
SLOVAK REPUBLIC / REPUBLIQUE SLOVAQUE
Mr Lukas BERINEC E
Department of International Relations and European Affairs Ministry of Labour, Social Affairs and Family - Spitálska 4-8, 816 43, Bratislava
Tel.: +421 2 2046 1638
E-mail : [email protected]
SLOVENIA/ SLOVENIE
Ms Nina ŠIMENC E
Undersecretary
Labour Relations and Labour Rights Directorate
Ministry of Labour, Family, Social Affairs and Equal Opportunities of the Republic of Slovenia
T: + 386 1 369 76 13
F: +386 1 369 78 31
E-mail: [email protected]
Ms Polona GROBELNIK E
Senior Advisor
Directorate of Labour Relations and Labour Rights, Pension and Labour Rights Sector
Ministry of Labour, Family, Social Affairs and Equal Opportunities
E-mail: [email protected]
Phone: +386 1 369 76 95 Cellular: + 386 31 610 536 Fax: + 386 1 369 78 30
SPAIN / ESPAGNE
Mme Matilde VIVANCOS PELEGRIN E
Conseillère Technique, Ministère de l'Emploi et de la Sécurité sociale, Agustin de Bethencourt, 428071 Madrid
Tel: + 34 91 363
E-mail : [email protected]
Mme María Jesús PÉREZ ARIAS F
Directrice des Programmes, Ministère de l'Emploi et de la Sécurité sociale – Agustin de Bethencourt, 4, , 28071 Madrid
Tel: + 34 91 363 05 52
E-mail : [email protected]
Ms Adelaida BOSCH VIVANCOS E/F
Technical Advisor, International Social and Labour Relations, Ministry of Employment and Social Security, C/María de Guzmán 52, 5ª planta, Madrid 28071- Spain
Tel (34) 91 3633861 Fax (34) 91 363 38 85
E-mail: [email protected]
Ms Luz María BLANCO TEMPRANO E/F
Head of Area, Directorate General of Employment, Ministry for Employment and Social Security, 6 Pío Baroja street, Madrid 28009 - Spain
E-mail: [email protected]
Mr Javier THIBAULT ARANDA E
Director General, International Social and Labour Relations, Ministry of Employment and Social Security, C/María de Guzmán 52, 5ª planta, Madrid 28071- Spain
Tel (34) 91 Fax (34) 91
E-mail:
SWEDEN / SUÈDE
Ms Lina FELTWALL E
Deputy Head of Departement, Senior Adviser, International Division, Ministry of Employment, Government Offices of Sweden, SE-103 33 Stockholm
Tel: +46 8-405 46 71, +46 702-12 91 92
E-mail: [email protected]
Mr Leif WESTERLIND E
Senior Advisor, Ministry of Health and Social Affairs - 6 SE-103 33 Stockholm
Tel.: +46 8 405 10 24 Mob. +46 70 379 10 24
E mail: [email protected]
SWITZERLAND / SUISSE
Mme Claudina MASCETTA F
Chef de secteur, Département fédéral de l'intérieur DFI, Office fédéral des assurances sociales OFAS, Affaires internationales/Secteur Organisations internationales - Effingerstrasse 20, CH-3003 Berne
Tél. +41 58 462 91 98 Fax +41 58 462 37 35
E-mail : [email protected]
Mme Valérie RUFFIEUX F
Département fédéral de l'intérieur DFI, Office fédéral des assurances sociales OFAS, Affaires internationales/Secteur Organisations internationales - Effingerstrasse 20, CH-3003 Berne
Tél. +41 58 463 39 40 Fax +41 58 462 37 35
E-mail : [email protected]
“THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA”/
”L’EX-RÉPUBLIQUE YOUGOSLAVE DE MACÉDOINE”
Mr Darko DOCINSKI E
Head of the Unit for EU Integration and Accession Negotiations, Department for European Integration, Ministry of Labour and Social Policy - Dame Gruev, 14, 1000 Skopje
Tel.: +389 2 3106 358 Mob: + 389 75 359 893
E-mail: [email protected]; Web : www.mtsp.gov.mk
TURKEY / TURQUIE
M. Mehmet SELVI E
Expert, Ministry of Labour and Social Security of the Republic of Turkey, Directorate General for External Relations and Labour Services Abroad - , Inönü Bulvari No. 42, EMEK TR - 06100 – ANKARA
Tel.: +90 312 296 74 52 Fax: +90 312 215 23 12
E-mail: [email protected]
M. Medeni Can AKIN E
Expert, Ministry of Labour and Social Security of the Republic of Turkey, Directorate General for External Relations and Labour Services Abroad - , Inönü Bulvari No. 42, EMEK TR - 06520 – ANKARA
Tel.: +90 312 296 65 21 Fax: +90 312 215 2312
E-mail: [email protected]
UKRAINE
Ms Natalia POPOVA E
Head of the International Relations Department, Ministry of Social Policy - 8/10, Esplanadna St, 01601 Kiev, Ukraine
Tel.: +38 044 289 84 51; Fax: +38 044 289 71 85
E-mail: [email protected]
UNITED KINGDOM / ROYAUME-UNI
Ms Kate SVEDÄNG E
EU & International Policy, Department for Work and Pensions, Ground Floor, Caxton House 6-12 Tothill Street, London SW1H 9NA
Phone +44 (0) 207 449 5662 Fax:+44
Mr John SUETT E
International Unit, Department for Work and Pensions, International Institutions Team - Ground Floor, Caxton House, 6-12 Tothill St, London SW1H 9NA
Tel.:0207 340 4342
E-mail: [email protected]
OTHER PARTICIPANTS
EUROPEAN TRADE UNION CONFEDERATION (ETUC) / CONFEDERATION EUROPÉENNE DES SYNDICATS (CES)
Mr Stefan CLAUWAERT E
ETUC Advisor, ETUI Senior researcher, European Trade Union Institute (ETUI), Boulevard du Roi Albert II, 5, Boîte 4, B 1210 BRUXELLES
Tel: +32 2 224 05 04 Fax: +32 2 224 05 02
E-mail : [email protected]
INTERNATIONAL LABOUR OFFICE (OIT) / BUREAU INTERNATIONAL DU TRAVAIL (BIT)
Mr Alexander EGOROV E
Department of International Labour Standards, International Labour Office - Route des Morillons 4, CH-1211 Genève 22
Tel.: +41 22 799 71 73 ; Fax: +41 22 799 6926
E-mail: [email protected]
Mr Jeronim CAPALDO E
Econometrics and Data Specialist, Social Protection Department, International Labour Office - Route des Morillons 4, CH-1211 Genève 22
Tel.: +41 22 799 6729 Fax :
E-mail : [email protected]
Ms Isabelle ORTIZ E/F
Director, Social Protection Department,
ILO - International Labour Organisation
4, route des Morillons, CH-1211 Genève 22
Tel.: +41 22 799 ; Fax: +41 22 799
E-mail: [email protected]
Ms Valeria NESTERENKO
Statistician, Social Protection Department, E
ILO - International Labour Organisation
4, route des Morillons, CH-1211 Genève 22
Tel.: +41 22 799 ; Fax: +41 22 799
E-mail: [email protected]
INTERNATIONAL ORGANISATION OF EMPLOYERS (IOE) / ORGANISATION INTERNATIONALE DES EMPLOYEURS (OIE)
Ms Alessandra ASSENZA F
Adviser, International Organisation of Employers, Avenue Louis Casaï, 71, CH-1216 Genova
Tel : +41(0)22 929 00 09 Fax : +41(22) 929 00 01
E-mail : [email protected]
INTERNATIONAL NON-GOVERNMENTAL ORGANISATIONS (INGOS) / ORGANISATIONS INTERNATIONALES NON GOUVERNEMENTALES (OING)
Mme Marie-José SCHMITT F
Action Européenne des Handicapés (AEH), Vice-Présidente de la Commission Droits de l’homme de la Conférence des ONG
E-mail : [email protected]
Interpreters / interprètes
Rebecca BOWEN
Corinne McGEORGE
Christopher TYCZKA
Isabelle MARCHINI
SECRETARIAT
SERVICE DE LA CHARTE SOCIALE EUROPÉENNE ET DU CODE EUROPÉEN DE SÉCURITÉ SOCIALE / DEPARTMENT OF THE EUROPEAN SOCIAL CHARTER AND THE EUROPEAN CODE OF SOCIAL SECURITY
M. Régis BRILLAT, Chef de Service / Head of Department.................. +33 (0)3 88 41 22 08
Mr Henrik KRISTENSEN, Chef de Service adjoint / Deputy Head of Department...................
........................................................................................................... +33 (0)3 88 41 39 47
Mr Karl-Friedrich BOPP, Chef de Division / Head of Division ............... +33 (0)3 88 41 22 14
Mme Danuta WISNIEWSKA-CAZALS, Administrateur / Administrator.
.................................................................................................. +33 (0)3 88 41 28 51
Ms Sheila HIRSCHINGER, Assistante administrative principale /
Principal Administrative Assistant............................................................... +33 (0)3 88 41 36 54
Ms Thea CHUBINIDZE, Assistante administrative /
Administrative Assistant.............................................................................. +33 (0)3 90 21 54 12
Mr Alberto BARRIO FERNANDEZ, Stagiaire / Study visitor
..................................................................................................................... +33 (0)3 88 41 60.44
Secrétariat :
Ms Caroline LAVOUE (Finances, prepaid tickets)................................ +33 (0)3 88 41 32 14
Télécopieur ................................................................................................ +33 (0)3 88 41 37 00
E-mail DGI[email protected]
|
Adresse postale : Service de la Charte sociale européenne et du Code européen de Sécurité sociale Direction Générale I Droits de l’Homme et Etat de Droit Conseil de l’Europe F-67075 Strasbourg Cedex |
Postal address : Department of the European Social Charter and European Code of Social Security Directorate General I Human Rights and Rule of Law Council of Europe F-67075 Strasbourg Cedex |
Liste (2)
ALBANIA / ALBANIE
ANDORRA/ANDORRE
Ms Cathy JUAN F
Secrétaire d’Etat d’Occupation, Ministère de la Santé, des Affaires Sociales et de l’Emploi
Ministeri de Salut, d'Afers socials i Ocupació, Secretaria d'Estat d'Ocupació, Carrer de les Boïgues, Edifici Aparcament de les Boïgues 2ona planta, AD 700 Escaldes-Engordany, Andorra
Tel: +376 885800 Fax : +376 885803
E-mail: [email protected]
Ms Anna BLÁZQUEZ F
Inspecteur du Travail, Ministère de la Santé, des Affaires Sociales et de l’Emploi
Ministeri de Salut, d'Afers socials i Ocupació, Secretaria d'Estat d'Ocupació, Carrer de les Boïgues, Edifici Aparcament de les Boïgues 2ona planta, AD 700 Escaldes-Engordany, Andorra
Tel: +376 885858 Fax : +376 885803
E-mail: [email protected]
ARMENIA/ARMENIE
Ms Anahit MARTIROSYAN E
Head of International Cooperation and Development Programmes Department, Ministry of Labour and Social Affairs
Government Building 3, Yerevan, Yerevan 0010, ARMENIA
Tel/Fax:(+37410) 56-37-91
E-mail: [email protected] ; [email protected]
AUSTRIA / AUTRICHE
Ms Elisabeth FLORUS E
EU-Labour Law and international Social Policy, Federal Ministry of Labour, Social Affairs and Consumer Protection, Favoritenstrasse, 7, A - 1040 WIEN
Tel: +43 1 711 00 62 70 ; Fax: +43 1 718 94 70 26 31
E-mail : [email protected]
Ms Christine HOLZER E
Pensions and International Affairs, Federal Ministry of Labour, Social Affairs and Consumer Protection, Stubenring 1, A - 1010 WIEN
Tel: +43 1 711 00 6495 ; Fax: +43 1 71100 93 6495
E-mail : [email protected]
AZERBAÏJAN/AZERBAIDJAN
Ms Nurana BAYRAMOVA E
Consultant, Relations with Foreign States Unit, International Relations Department
Ministry of Labour and Social Protection of Population, Republic of Azerbaijan
85, Salatyn Askarova str., Baku, AZ 1009, Azerbaijan
Tel / Fax: +994 12 541 98 01
E-mail: nurana.[email protected];
BELGIUM / Belgique EXCUSED / EXCUSEE
Mme Stéphanie HAUTOT F
Attachée, Service public fédéral Emploi, Travail et Concertation sociale, Division des Affaires internationales, Rue Ernest Blerot 1, B 1070 BRUXELLES
Tel: +32 2 233 49 18
E-mail: [email protected]
BELGIUM / Belgique
M. Jacques DONIS F
Conseiller, Service public fédéral Sécurité sociale, DG Appui stratégique, Relations multilatérales, Centre Administratif Botanique, Finance Tower, Boulevard du Jardin Botanique 50, boîte 11000 Bruxelles
Tél. : 02/528 63 38 ; Fax.02/528 69 71
E-mail : [email protected]
BOSNIA AND HERZEGOVINA / BOSNIE-HERZÉGOVINE
Ms Ljiljana SANTIC E
Expert, Ministry of human rights and refugees of B&H,
e-mail: [email protected]
telephone: + 387
BULGARIA / BULGARIE
Ms Agnes NIKOLOVA E
Senior Expert, International Organizations and International Cooperation Unit, European Affairs and International Cooperation Directorate, Ministry of Labour and Social Policy - 2, Triaditza Str., BU - 1051 SOFIA
Tel.: +359 2987 3866 Fax. +359 2 98153 76
Email:[email protected]
CROATIA / CROATIE
Ms Iva MUSIC E
Ministry of Labour and Pension System - Ulica grada Vukovara 78, 10 000 Zagreb , Croatia
tel: ++ 385 1 61 09 840
E-mail: [email protected]
CYPRUS / CHYPRE
Ms Natalia ANDREOU PANAYIOTOU E
International Relations, Ministry of Labour and Social Insurance - 7, Byron Avenue, CY 1463 NICOSIA
Tel: +357 22401820; Fax:+357 / 22670993
E-mail: [email protected]
CZECH REPUBLIC / RÉPUBLIQUE TCHÈQUE
Ms Brigita VERNEROVÁ E
EU and International Cooperation Department, Ministry of Labour and Social Affairs - Na Poříčním právu 1, 128 01 Prague, Czech Republic
Tel.: +420 221 923 390 Fax: +420 221 922 223
E-mail: [email protected]
DENMARK / DANEMARK
Ms Lis WITSØ-LUND (5-9 october) E
Ministry of Employment, International Labour Law Centre, Ved Stranden 8, DK-1061 Copenhagen K
Tel.: +45 72205098, mobile: + 45 244 093 00
E-mail: [email protected];
Ms Tanja LÜKING (7-9 October) E
Head of Section, International Labour Law Center, Ved Stranden 8, DK – 1061 Copenhagen K
Tel.: +45 72205180, mobile: + 45 33673805
E-mail: [email protected];
Ms Birgit SØLLING OLSEN (8-9 October) E
Danish Maritime Agency,
Tel.: +45 , mobile: + 45 20201863
E-mail: [email protected];
Mr Henrik LINDEGAARD (9 October) E
Chief Consultant
Danish Maritime Agency,
Tel.: +45 , mobile: + 45 91376181
E-mail: [email protected];
ESTONIA / ESTONIE
Ms Mariliis PROOS E
Head of Employment relations, Ministry of Social Affairs - Gonsiori 29, 15027 Tallinn
Tel.: +372 626 9255
E-mail: mariliis.proos@@sm.ee
FINLAND / FINLANDE
Ms Seija JALKANEN E
Administrator, Legal Affairs, Ministry of Employment and the Economy, P.O. Box 32, FI-00023 Government Finland
Tel. +358 295 048952 Mobile : +358 50 3960195
Email: [email protected]
FRANCE
Mme Jacqueline MARECHAL (Chair / Présidente) F
Chargée de mission, Délégation aux affaires européennes et internationales, Ministère du travail,
de l’emploi et de la santé et Ministère des solidarités et de la cohésion sociale - 8 avenue de Ségur, 75350 PARIS 07 SP, France
Tel: +33 1 40 56 73 69 Fax: +33 1 40 56 47 72
E-mail: [email protected]
GEORGIA / GEORGIE
Ms Elza JGERENAIA E
Head of Labour and Employment Policy Department, Ministry of Labour, Health and Social Affairs of Georgia - 144 Tsereteli Ave, Tbilisi
Tel: +995 591 221 100, +(995 32) 2 51 00 11 (ext. 1502)
E-mail: [email protected]
GERMANY / ALLEMAGNE
Mr Jürgen THOMAS E
Deputy Head of Division VI b 4, ""OECD, OSCE"", Council of Europe, ESF-Certifying Authority, Federal Ministry of Labour and Social Affairs - Villemombler Strasse 76, D-53125 Bonn
Tel.: +49 228 99 527 6985; Fax: +49 228 99 527 1209
E-mail: [email protected]
GREECE/GRÈCE
Ms Evanghelia ZERVA E
Ministry of Labour, Social Security and Social Solidarity
Department of International Relations – Section I
29 Stadiou Str., Athens, Greece
Tel. 0030 213 1516386
E-mail: [email protected]
HUNGARY / HONGRIE
Ms Ildikó PAKOZDI E
National Office for Rehabilitation and Social Affairs
Damjanich u. 48, HU-1071 Budapest
Tel: + 36 1 462 6642
E-mail: [email protected]; [email protected]
ICELAND / ISLANDE
Ms. Lisa Margrét SIGURDARDÓTTIR E
Legal Advisor
Ministry of Welfare
Hafnarhúsinu við Tryggvagötu, IS-150 Reykjavík, Iceland
Tel.: (+354) 545 8100 Fax: (+354) 551 9165
E-mail: [email protected]
IRELAND / IRLANDE
Ms Siobhán O’CARROLL E
Employment Rights, Department of Jobs, Enterprise and Innovation
Davitt House, Adelaide Road, Dublin 2.
Tel: +353 1 6313292, Mobile : +353 870546451
E-mail: [email protected]
ITALY / ITALIE
Ms Rosanna MARGIOTTA F
Tel.: 0039/06/ ; Fax: 0039/06/
E-mail: [email protected]
LATVIA / LETTONIE
Ms Velga LAZDIŅA-ZAKA E
Ministry of Welfare, Social Insurance Department – 28 Skolas Street, Riga, LV-1331, Latvia
Tel.: (+371) 67021554 Fax: (+371) 67021560
E-mail: [email protected]
LIECHTENSTEIN
LITHUANIA / LITUANIE
Ms Kristina VYSNIAUSKAITE-RADINSKIENE E
Deputy Head, International Law Division, International Affairs Department, Ministry of Social Security and Labour - A. Vivulskio st. 11, 03610 Vilnius, Lithuania
Tel. : +370 5 2664 231 Fax: +370 5 2664 209
E-mail : [email protected]
Luxembourg
M. Joseph FABER 20-21 F
Conseiller de direction première classe, Ministère du Travail et de l'Emploi, 26 rue Zithe, L ‑ 2939 LUXEMBOURG
Tel: +352 247 86113 Fax: +352 247 86191
E-mail : [email protected]
MALTA / MALTE
Mr Edward BUTTIGIEG E
Director, Contributory Benefits, Department of Social Security - 38 Ordnance Street, Valletta VLT2000, Malta
Tel: 00356 2590 3224
E-mail: [email protected]
REPUBLIC OF MOLDOVA / RÉPUBLIQUE DE MOLDOVA
Mme Lilia CURAJOS F
Chef de la Direction des relations internationales et integration europeenne, Ministère du Travail, de la Protection sociale et de la Famille, Vasile Alecsandri str 1., MD – 2009 CHISINAU
Tel: +373 22 26 93 12 Fax: +373 22 26 93 10
E-mail : [email protected]
MONACO
MONTENEGRO
Ms Vjera SOC E
Senior Advisor for International Cooperation, Ministry of Labour and Social Welfare, Rimski trg 46, Podgorica 20000 Podgorica / Montenegro
Tel: +382 (0)20 482-472; Fax: +382 (0)20 078 113351;
E-mail: [email protected]
NETHERLANDS / PAYS-BAS
Mr Kees TERWAN E
Senior Policy Advisor, Ministry of Social Affairs and Employment, Directorate of International Affairs, Postbus 90801, 2509 LV The Hague, the Netherlands
Tel. +31 70 333 6649 Fax: +31 70 333 4007
E-mail: [email protected]
NORWAY / NORVÈGE
Ms Ingrid SANDVEI FRANCKE (5-7 October) E
Senior Adviser, The Working Environment and Safety Department, Norwegian Ministry of Labour and Social Affairs - P.O. Box 8019 Dep, NO-0030 Oslo
Tel: +4722248355; Fax: +47222
E-mail: [email protected]
Ms Mona SANDERSEN (8-9 October) E
Senior Adviser, The Working Environment and Safety Department, Norwegian Ministry of Labour and Social Affairs - P.O. Box 8019 Dep, NO-0030 Oslo
Tel: +4722246952; Fax: +4722249549
E-mail: [email protected]
POLAND / POLOGNE
Mme Joanna MACIEJEWSKA F
Conseillère du Ministre, Département des Analyses Economiques et Prévisions, Ministère du Travail et de la Politique Sociale - ul. Nowogrodzka 1/3, 00‑513 VARSOVIE, Pologne
Tel: +48 22 380 51 51 Fax: +48 22 380 51 03
E-mail: [email protected]
PORTUGAL
Ms Odete SEVERINO E
Head of Unit, International Relations and Cooperation Units, Strategic and Planning Office, Ministry of Solidarity, Employment and Social Security, Praça de Londres, nº 2 - 5º - 1049-056 Lisbon
Tel: (351) 21 115 50 46
E-mail : [email protected]
ROMANIA / ROUMANIE
Ms Cristina ONCICA E
Consiliersuperior / Senior Counsellor
Directia relatii externe / Directorate for External Relations
Ministerul Muncii, Familiei, Protectiei Sociale si Persoanelor Varstnice / Ministry of Labour, Family, Social Protection and Elderly
2B Dem I Dobrescu, Sector 1 Bucharest
Tel-fax: 0040 21315 8609 / 0040 21 312 13 17
Email: [email protected]
RUSSIAN FEDERATION / FEDERATION DE LA RUSSIE
Mme Elena VOKACH-BOLDYREVA F
Deputy Director, Legal Regulation and International Cooperation Department, Ministry of Labour and Social Protection of the Russian Federation – 127994 rue Iliynka 21 103132 Moscow, Federation de la Russie
Tel : +7 (495) 606 15 41
Mobile: +7 (968)665 04 43
E-mail : [email protected]
SAN MARINO/SAINT MARIN
SERBIA/SERBIE
Ms Dragana SAVIC E
Head of Group for International Cooperation and European Integration, Department for International Cooperation, European Integration and Project Management, Ministry of Labour, Employment, Veterans and Social Affairs, - Nemanjina St. 22-26, Belgrade
Tel.: + 381 11 36 16 261; Mob.: + 381 64 22 12 485
E-mail: [email protected]
SLOVAK REPUBLIC / REPUBLIQUE SLOVAQUE
Mr Lukas BERINEC E
Department of International Relations and European Affairs Ministry of Labour, Social Affairs and Family - Spitálska 4-8, 816 43, Bratislava
Tel.: +421 2 2046 1638
E-mail : [email protected]
SLOVENIA/ SLOVENIE
Ms Nina ŠIMENC E
Undersecretary
Labour Relations and Labour Rights Directorate
Ministry of Labour, Family, Social Affairs and Equal Opportunities of the Republic of Slovenia
T: + 386 1 369 76 13
F: +386 1 369 78 31
E-mail: [email protected]
SPAIN / ESPAGNE
Ms Adelaida BOSCH VIVANCOS E/F
Technical Advisor, International Social and Labour Relations, Ministry of Employment and Social Security, C/María de Guzmán 52, 5ª planta, Madrid 28071- Spain
Tel (34) 91 3633861 Fax (34) 91 363 38 85
E-mail: [email protected]
SWEDEN / SUÈDE
Ms Lina FELTWALL E
Deputy Head of Departement, Senior Adviser, International Division, Ministry of Employment, Government Offices of Sweden, SE-103 33 Stockholm
Tel: +46 8-405 46 71, +46 702-12 91 92
E-mail: [email protected]
Ms Susanna RIBRANT E
Deputy Director, Division for Labour Law and Work Environment
Ministry of Employment
Government Offices of Sweden, SE-103 33 Stockholm
Tel: +46 8-405 90 83, +46 725-12 26 80
SWITZERLAND / SUISSE
“THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA”/
”L’EX-RÉPUBLIQUE YOUGOSLAVE DE MACÉDOINE”
Mr Darko DOCINSKI E
Head of the Unit for EU Integration and Accession Negotiations, Department for European Integration, Ministry of Labour and Social Policy - Dame Gruev, 14, 1000 Skopje
Tel.: +389 2 3106 358 Mob: + 389 75 359 893
E-mail: [email protected]; Web : www.mtsp.gov.mk
TURKEY / TURQUIE
Ms Selmin ŞENEL E
Expert, Ministry of Labour and Social Security of the Republic of Turkey, Directorate General for External Relations and Labour Services Abroad - , Inönü Bulvari No. 42, EMEK TR - 06100 – ANKARA
Tel.: +90 312 296 74 52 Fax: +90 312 215 23 12
E-mail: [email protected]
Mr Oğuz ERTOĞDU F
Expert, Ministry of Labour and Social Security of the Republic of Turkey, Directorate General for External Relations and Labour Services Abroad - , Inönü Bulvari No. 42, EMEK TR - 06520 – ANKARA
Tel.: +90 312 296 65 21 Fax: +90 312 215 2312
E-mail: [email protected]
UKRAINE
Ms Natalia POPOVA E
Head of the International Relations Department, Ministry of Social Policy - 8/10, Esplanadna St, 01601 Kiev, Ukraine
Tel.: +38 044 289 84 51; Fax: +38 044 289 71 85
E-mail: [email protected]
UNITED KINGDOM / ROYAUME-UNI
Mr Wayne MITCHELL (8-9 October) E
Tel.: +44 ; Fax: +44
E-mail: [email protected]
OTHER PARTICIPANTS
EUROPEAN TRADE UNION CONFEDERATION (ETUC) / CONFEDERATION EUROPÉENNE DES SYNDICATS (CES)
Mr Stefan CLAUWAERT E
ETUC Advisor, ETUI Senior researcher, European Trade Union Institute (ETUI), Boulevard du Roi Albert II, 5, Boîte 4, B 1210 BRUXELLES
Tel: +32 2 224 05 04 Fax: +32 2 224 05 02
E-mail : [email protected]
INTERNATIONAL ORGANISATION OF EMPLOYERS (IOE) / ORGANISATION INTERNATIONALE DES EMPLOYEURS (OIE)
Ms Alessandra ASSENZA F
Adviser, International Organisation of Employers, Avenue Louis Casaï, 71, CH-1216 Genova
Tel : +41(0)22 929 00 09 Fax : +41(22) 929 00 01
E-mail : [email protected]
Interpreters / interprètes
Grégoire DEVICTOR (6-9 oct)
Nicolas GUITTONNEAU (5 oct)
Corinne McGEORGE
Christine TRAPP
SECRETARIAT
SERVICE DE LA CHARTE SOCIALE EUROPÉENNE ET DU CODE EUROPÉEN DE SÉCURITÉ SOCIALE / DEPARTMENT OF THE EUROPEAN SOCIAL CHARTER AND THE EUROPEAN CODE OF SOCIAL SECURITY
M. Régis BRILLAT, Chef de Service / Head of Department.................. +33 (0)3 88 41 22 08
Mr Henrik KRISTENSEN, Chef de Service adjoint / Deputy Head of Department...................
........................................................................................................... +33 (0)3 88 41 39 47
Mr Karl-Friedrich BOPP, Chef de Division / Head of Division ............... +33 (0)3 88 41 22 14
Mme Danuta WISNIEWSKA-CAZALS, Administrateur / Administrator.
.................................................................................................. +33 (0)3 88 41 28 51
Mr Pio Angelico CAROTENUTO, Administrateur / Administrator.
.................................................................................................. +33 (0)3 90 21 61 76
Ms Sheila HIRSCHINGER, Assistante administrative principale /
Principal Administrative Assistant............................................................... +33 (0)3 88 41 36 54
Ms Francesca CALDARI, Stagiaire / Study visitor
..................................................................................................................... +33 (0)3 88 41 60.44
Pour le point X
Mr Riccardo PRIORE, Administrateur / Administrator.
.................................................................................................. +33 (0)3 88 41 28 33
Secrétariat :
Ms Caroline LAVOUE (Finances, prepaid tickets)................................ +33 (0)3 88 41 32 14
Télécopieur ................................................................................................ +33 (0)3 88 41 37 00
E-mail [email protected]
|
Adresse postale : Service de la Charte sociale européenne et du Code européen de Sécurité sociale Direction Générale I Droits de l’Homme et Etat de Droit Conseil de l’Europe F-67075 Strasbourg Cedex |
Postal address : Department of the European Social Charter and European Code of Social Security Directorate General I Human Rights and Rule of Law Council of Europe F-67075 Strasbourg Cedex |
Appendix II
Table of signatures and ratifications – situation at 1 December 2015
|
MEMBER STATES |
SIGNATURES |
RATIFICATIONS |
Acceptance of the collective complaints procedure |
|||||
|
Albania |
21/09/98 |
14/11/02 |
||||||
|
Andorra |
04/11/00 |
12/11/04 |
||||||
|
Armenia |
18/10/01 |
21/01/04 |
||||||
|
Austria |
07/05/99 |
20/05/11 |
||||||
|
Azerbaijan |
18/10/01 |
02/09/04 |
||||||
|
Belgium |
03/05/96 |
02/03/04 |
23/06/03 |
|||||
|
Bosnia and Herzegovina |
11/05/04 |
07/10/08 |
||||||
|
Bulgaria |
21/09/98 |
07/06/00 |
07/06/00 |
|||||
|
Croatia |
06/11/09 |
26/02/03 |
26/02/03 |
|||||
|
Cyprus |
03/05/96 |
27/09/00 |
06/08/96 |
|||||
|
Czech Republic |
04/11/00 |
03/11/99 |
04/04/12 |
|||||
|
Denmark |
* |
03/05/96 |
03/03/65 |
|||||
|
Estonia |
04/05/98 |
11/09/00 |
||||||
|
Finland |
03/05/96 |
21/06/02 |
17/07/98 X |
|||||
|
France |
03/05/96 |
07/05/99 |
07/05/99 |
|||||
|
Georgia |
30/06/00 |
22/08/05 |
||||||
|
Germany |
* |
29/06/07 |
27/01/65 |
|||||
|
Greece |
03/05/96 |
06/06/84 |
18/06/98 |
|||||
|
Hungary |
07/10/04 |
20/04/09 |
||||||
|
Iceland |
04/11/98 |
15/01/76 |
||||||
|
Ireland |
04/11/00 |
04/11/00 |
04/11/00 |
|||||
|
Italy |
03/05/96 |
05/07/99 |
03/11/97 |
|||||
|
Latvia |
29/05/07 |
26/03/13 |
||||||
|
Liechtenstein |
09/10/91 |
|||||||
|
Lithuania |
08/09/97 |
29/06/01 |
||||||
|
Luxembourg |
* |
11/02/98 |
10/10/91 |
|||||
|
Malta |
27/07/05 |
27/07/05 |
||||||
|
Republic of Moldova |
03/11/98 |
08/11/01 |
||||||
|
Monaco |
05/10/04 |
|||||||
|
Montenegro |
22/03/05 |
03/03/10 |
||||||
|
Netherlands |
23/01/04 |
03/05/06 |
03/05/06 |
|||||
|
Norway |
07/05/01 |
07/05/01 |
20/03/97 |
|||||
|
Poland |
25/10/05 |
25/06/97 |
||||||
|
Portugal |
03/05/96 |
30/05/02 |
20/03/98 |
|||||
|
Romania |
14/05/97 |
07/05/99 |
||||||
|
Russian Federation |
14/09/00 |
16/10/09 |
||||||
|
San Marino |
18/10/01 |
|||||||
|
Serbia |
22/03/05 |
14/09/09 |
||||||
|
Slovak Republic |
18/11/99 |
23/04/09 |
||||||
|
Slovenia |
11/10/97 |
07/05/99 |
07/05/99 |
|||||
|
Spain |
23/10/00 |
06/05/80 |
||||||
|
Sweden |
03/05/96 |
29/05/98 |
29/05/98 |
|||||
|
Switzerland |
06/05/76 |
|||||||
|
«the former Yugoslav Republic of Macedonia» |
27/05/09 |
06/01/12 |
||||||
|
Turkey |
06/10/04 |
27/06/07 |
||||||
|
Ukraine |
07/05/99 |
21/12/06 |
||||||
|
United Kingdom |
* |
07/11/97 |
11/07/62 |
|||||
|
Number of States 47 |
2+ 45 = 47 |
10 + 33 = 43 |
15 |
|||||
The dates in bold on a grey background correspond to the dates of signature or ratification of the 1961 Charter; the other dates correspond to the signature or ratification of the 1996 revised Charter.
* States whose ratification is necessary for the entry into force of the 1991 Amending Protocol. In practice, in accordance with a decision taken by the Committee of Ministers, this Protocol is already applied.
X State having recognised the right of national NGOs to lodge collective complaints against it.
Appendix III
List of Conclusions of non-conformity examined orally following the proposal of the European Committee of Social Rights
ESC 4§4 CZECH REPUBLIC
ESC 5 DENMARK
ESC 6§2 DENMARK
ESC 4§1 GERMANY
ESC 4§1 GREECE
ESC 4§4 GREECE
ESC 2§1 ICELAND
ESC 4§4 ICELAND
ESC 4§5 ICELAND
ESC 5 ICELAND
ESC 5 LATVIA
ESC 6§2 LATVIA
ESC 4§1 LUXEMBOURG
ESC 4§5 LUXEMBOURG
ESC 5 LUXEMBOURG
ESC 2§1 POLAND
ESC 4§4 POLAND
ESC 4§5 POLAND
ESC 5 POLAND
ESC 2§1 SPAIN
ESC 4§1 SPAIN
ESC 4§4 SPAIN
ESC 6§2 SPAIN
ESC 4§1 UNITED KINGDOM
ESC 4§4 UNITED KINGDOM
ESC 4§5 UNITED KINGDOM
ESC 5 UNITED KINGDOM
ESC 6§2 UNITED KINGDOM
Appendix IV
List of deferred Conclusions
CZECH REPUBLIC ESC 4§3, 5, 6§2
DENMARK ESC 2§2, 4§2, 4§3
GERMANY ESC 2§1, 2§2, 2§4, 2§5
GREECE ESC 2§1, 4§2, 4§3, 4§5
ICELAND ESC 4§1
LUXEMBOURG ESC 4§2, 4§3
POLAND ESC 4§3
SPAIN ESC 4§5
[1] The detailed report and the abridged report are available on www.coe.int/socialcharter.
[2] List of the States Parties on 1 December 2015: Albania, Andorra, Armenia, Austria, Azerbaijan, Belgium, Bosnia and Herzegovina, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Georgia, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Republic of Moldova, Montenegro, Netherlands, Norway, Poland, Portugal, Romania, Russian Federation, Serbia, Slovak Republic, Slovenia, Spain, Sweden, “the former Yugoslav Republic of Macedonia”, Turkey, Ukraine and United Kingdom.
[3] At the 492nd meeting of Ministers' Deputies in April 1993, the Deputies "agreed unanimously to the introduction of the rule whereby only representatives of those states which have ratified the Charter vote in the Committee of Ministers when the latter acts as a control organ of the application of the Charter". The states having ratified the European Social Charter or the European Social Charter (revised) are (1 December 2015):
Albania, Andorra, Armenia, Austria, Azerbaijan, Belgium, Bosnia-Herzegovina, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Georgia, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Republic of Moldova, Montenegro, Netherlands, Norway, Poland, Portugal, Romania, Russian Federation, Serbia, Slovak Republic, Slovenia, Spain, Sweden, “the former Yugoslav Republic of Macedonia”, Turkey, Ukraine and United Kingdom.
[4] State Parties in English alphabetic order.