European Committee of Social Rights: the Collective complaints against Italy in 2022

In 2022, the European Committee of Social Rights accepted four pending complaints from three different organizations.
On March 31, 2022, Complaint No. 208/2022 filed by Unione Sindacale di Base (USB- Basic Labor Union) against Italy alleged a violation of Article 6.4 (right to collective bargaining) of the Revised Social Charter. The restrictions in the provisions of Law no. 146 of June 12, 1990 on the right to strike in essential public services are contrary to Article 6.4 of the Charter, states the Union. By imposing an obligation to provide the required assumptions at the time, UBS states that these rules limit the right to strike in a manner that is not compatible with the principles that can be inferred from the referenced article. The complainant asks the European Committee of Social Rights to declare that the aspects raised concerning the right to strike restrict the exercise of this right in a manner inconsistent with the cited provisions of the European Social Charter.
The complaint No. 213/2022 was registered on 29 August 2022 by Associazione Sindacale Militari (Military Trade Union Association-ASSO.MIL). The case concerns Article 12 (right to social security) and Article E (non-discrimination) in connection with this provision of the revised European Social Charter. The association claims that Italy has violated the right to social security by failing to establish a supplementary pension fund for former members of the armed forces as provided for in Legislative Decree No. 124/1993. The referred discrimination that affects members of the armed forces stems from the treatment of public employees who already enjoy supplementary pension funds.
The last two complaints of the year were submitted by the Sindacato Autonomo Comitato Nazionale Pompieri (Autonomous Union National Firemen's Committee -CO.NA.PO.) on 15 September 2022.
The complaint No. 214/2022 relates to Articles 2.4 (right to just conditions of work), 4.1 and 2 (right to a fair remuneration), 12 (right to social security) and Article E (non-discrimination) combined with these provisions of the revised European Social Charter. The union accuses Italy of violating the law by delaying the implementation of Law no. 183/2010. The Act, once in force, would equalize the status and pay of Italian firefighters currently on duty with other Civil Protection Corps that also operate in conditions that threaten health and life. Another indication of discrimination is the treatment of firefighters who, being hired after 2020, are rewarded higher for the same rank compared to the other seniority. A second complaint No. 215/2022 citing the same reasons highlights the situation of retired Italian firefighters, who, like colleagues on active duty, are being discriminated against in terms of their pensions by the delay in implementing the above-mentioned law. Favoritism due to the duration of employment can also be noted here.