GSEE v. Greece

The complaint registered on 26 September 2014, concerns Article 1 (the right to work), Article 2 (the right to just conditions of work), Article 4 (the right to a fair remuneration) and Article 7 (the right of children and young persons to protection) of the 1961 Charter, as well as Article 3 of the 1988 Additional Protocol (the right to take part in the determination and improvement of the working conditions and working environment). The complainant trade union, GSEE, alleges that some of the new legislation enacted as part of the austerity measures adopted in Greece during the economic and financial crisis affects workers’ rights in a manner that is contrary to the Charter.

The European Committee of Social Rights declared the complaint admissible on 19 May 2015.

The European Committee of Social Rights held a public hearing on 20 October 2016.

The European Committee of Social Rights adopted its decision on the merits on 23 March 2017.

In its decision on the merits, the Committee concludes:

• by 9 votes to 3 that there is no violation of Article 1§1 of the 1961 Charter;
• unanimously that there is a violation of Article 1§2 of the 1961 Charter;
• unanimously that there is a violation of Article 2§1 of the 1961 Charter;
• unanimously that there is no violation of Article 2§5 of the 1961 Charter;
• unanimously that there is a violation of Article 4§1 of the 1961 Charter on the grounds that
  • a) fair remuneration is not guaranteed;
  • b) the reduction of the minimum wage for workers under 25 years is excessive and constitutes discrimination on grounds of age;
• unanimously that there is a violation of Article 4§4 of the 1961 Charter;
• unanimously that there is a violation of Article 7§5 of the 1961 Charter on the grounds that the minimum wage of young workers aged 15 to 18 years is not fair;
• unanimously that there is a violation of Article 7§7 of the 1961 Charter;
• by 9 votes to 3 that there is a violation of Article 3 of the 1988 Additional Protocol.