The European Committee of Social Rights has published its Conclusions for 2014, in which it assesses how well all States Parties are protecting social rights under the Revised European Social Charter. In Ireland’s report, the Committee focussed on labour rights in particular, and in total found ten instances of non-conformity including that the minimum wage is insufficient and reiterating that our laws do not protect police right to strike.
Ireland has ratified the Revised European Social Charter – part of the Council of Europe system. The provisions of the Charter are legally binding and the European Committee of Social Rights monitors implementation of the Charter and the enjoyment of economic, social and cultural rights in Ireland. This year, the Committee considered Ireland’s report in relation to labour rights under Articles 2, 4, 5, 6, 21, 22, 26, 28, and 29. This set of rights includes the right to just conditions of work and to fair remuneration, and the right to organise and to collective bargaining.
After considering Ireland’s State report, the Committee found eleven conclusions of conformity and ten conclusions of non-conformity. The main reference period for this set of conclusions was from 1 January 2009 to 31 December 2012.
The Committee reiterated that the absolute ban on police strikes was a violation of the Charter, as was the prohibition from joining an employees’ association, under Articles 5 and 6 of the Charter. A collective complaint had been made on this issue and in May, the Committee released an opinion that Ireland was not meeting its obligations under the Charter in relation to police labour rights. Aside from police, legislation does not adequately protect workers from civil liability or dismissal, in the event of strike action or when it comes to membership of a union. The Committee found non-conformity under a range of different articles for this.
Decent remuneration and overtime pay were also under the spotlight, being protected by Article 4 of the Charter. In particular, the Committee held that the national minimum wage for adult workers on their first employment is insufficient to ensure a decent standard of living. When it comes to limits on wage deductions, the Committee found that law and practice in Ireland meant that employees and their dependents can be deprived of their basic means of subsistence. Additionally, the Irish report failed to show that the State protects workers’ right to increased pay for overtime work.
Click here to read the Conclusions in full.