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25/5/2017
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© Consiglio d'Europa

European Committee of Social Rights: four collective complaints against Italy presented

Between February and March 2017, four collective complaints against Italy were made to the European Committee of Social Rights. 

Three of the collective complaints claim that Italy violated the same article of the European Social Charter (revised). The complainant trade union organisation, Confederazione Generale Sindacale (CGS), Associazione Professionale et Sindacale (ANIEF) and the Unione Nazionale Dirigenti dello Stato (UNADIS) alleges that Italian legislation on fixed-term employment contracts in the public sector - especially the education sector - improperly authorizes the renewal of such contracts and jeopardizes the situation of these public sector employees in violation of Articles 1 (right to work), 4 (right to a fair remuneration), 6 (right to bargain collectively) 24 (right to protection in case of dismissal) and E (non-discrimination).

The fourth complaint was instead presented by the General Workers Union - State Forestry Corps - Unione Generale Lavoratori - Federazione Nazionale Corpo forestale dello Stato (UGL – CFS) and Autonomous Trade Union of Forestry - Sindacato autonomo polizia ambientale forestale (SAPAF). It relates to Articles 1 (right to work), 5 (right to organise) and 6 (right to bargain collectively) as well as Articles E (non-discrimination) and G (restrictions) of the Revised European Social Charter. The complainant trade unions allege that, by applying the Legislative Decree No. 177/2016 which incorporates the State Forestry Corps into the Carabinieri Force, with the acquisition of military status, Italy deprives the State Forestry Corps of its trade union rights in violation of the above-mentioned provisions.

The European Committee of Social Rights (ECSR) of the Council of Europe was established in accordance with Article 25 of the European Social Charter of 1961. Its mission is to judge that State Parties are in conformity in law and in practice with the provisions of the European Social Charter, of its protocols and of its revision in 1996.

In accordance with the additional protocol to the European Social Charter of a collective complaints system, which was adopted on the 9th November 1995 and entered into force on the 1st July 1998, complaints of violations of the articles presented in the Charter can be presented to the Committee. The complaints can be made by the following organisations: European Trade Union Confederation (ETUC), Business Europe (and the Union of Industrial and Employers' Confederations of Europe UNICE) and the International Organisation of Employers (IOE), from trade unions from the country involved and, if the country concerned has accepted it formally, from national NGOs.