[Spain] Insufficient worker protection in unfair dismissal cases breaches Social Charter

A new European Committee of Social Rights (ECSR) decision on a collective complaint concludes that Spanish legislation does not afford sufficient protection to workers in cases of termination of employment without a valid reason and, therefore, breaches the Revised European Social Charter (“the Charter”), Council of Europe reports.

The decision was on the merits of the collective complaint Unión General de Trabajadores (UGT) v. Spain, Complaint No. 207/2022.

UGT reportedly alleged that the situation in Spain constitutes a violation of Article 24 (the right to protection in cases of termination of employment) of the Charter on the grounds that the mechanism for compensation in cases of termination of employment without a valid reason provided for in national law and as interpreted in domestic case law, does not allow victims of dismissals without a valid reason to obtain adequate compensation to cover the damage suffered and have a dissuasive effect for employers. 

In particular, it stated that the worker is only entitled to compensation automatically by law that sets a maximum ceiling and does not take into account the actual damage suffered.

In its decision (adopted on March 20, 2024) the ECSR recalls that under Article 24.b of the Charter, parties must recognise the right of workers whose employment is terminated without a valid reason to adequate compensation or other appropriate relief. By 13 votes against 1, the ECSR concludes that there is a violation of Article 24.b of the Charter.

The European Social Charter is a Council of Europe treaty guaranteeing fundamental social and economic rights as a counterpart to the European Convention on Human Rights, which refers to civil and political rights. It guarantees a broad range of everyday human rights related to employment, housing, health, education, social protection and welfare. 

A protocol to the Charter (opened for signature in 1995) created a collective complaints procedure allowing national and international trade union organisations, employers’ organisations and non-governmental organisations to submit complaints about violations of the Charter.

Source: Council of Europe

(Links via original reporting)

A new European Committee of Social Rights (ECSR) decision on a collective complaint concludes that Spanish legislation does not afford sufficient protection to workers in cases of termination of employment without a valid reason and, therefore, breaches the Revised European Social Charter (“the Charter”), Council of Europe reports.

The decision was on the merits of the collective complaint Unión General de Trabajadores (UGT) v. Spain, Complaint No. 207/2022.

UGT reportedly alleged that the situation in Spain constitutes a violation of Article 24 (the right to protection in cases of termination of employment) of the Charter on the grounds that the mechanism for compensation in cases of termination of employment without a valid reason provided for in national law and as interpreted in domestic case law, does not allow victims of dismissals without a valid reason to obtain adequate compensation to cover the damage suffered and have a dissuasive effect for employers. 

In particular, it stated that the worker is only entitled to compensation automatically by law that sets a maximum ceiling and does not take into account the actual damage suffered.

In its decision (adopted on March 20, 2024) the ECSR recalls that under Article 24.b of the Charter, parties must recognise the right of workers whose employment is terminated without a valid reason to adequate compensation or other appropriate relief. By 13 votes against 1, the ECSR concludes that there is a violation of Article 24.b of the Charter.

The European Social Charter is a Council of Europe treaty guaranteeing fundamental social and economic rights as a counterpart to the European Convention on Human Rights, which refers to civil and political rights. It guarantees a broad range of everyday human rights related to employment, housing, health, education, social protection and welfare. 

A protocol to the Charter (opened for signature in 1995) created a collective complaints procedure allowing national and international trade union organisations, employers’ organisations and non-governmental organisations to submit complaints about violations of the Charter.

Source: Council of Europe

(Links via original reporting)