The Irish Human Rights and Equality Commission (IHREC) has noted with concern the Council of Europe findings that Ireland continues to be in breach of its Labour Rights Obligations under the Revised European Social Charter (the Charter). The Charter is a binding human rights treaty that Ireland ratified in 2000.
Ireland has been judged as non-compliant with the Charter in areas that include: failure to ensure a “decent standard of living” for young workers on minimum wage; excessive restrictions on the right to strike, including that denied to the Gardaí and; for “manifestly unreasonable” notice periods for workers and civil servants.
The ECSR further held that the situation in Ireland regarding the right to organise does not conform with the Charter, in that certain closed shop practices are authorised by law, and domestic law does not protect all workers against dismissal on grounds of trade union membership or involvement.
In its latest report, the European Committee of Social Rights (ECSR) published these Conclusions in respect of 33 States, including Ireland, on the articles of the Charter relating to Labour Rights.
The report directly cites and references IHREC’s submission in July 2022 with the ECSR now concluding that that the State continues to be in breach of many of its Labour Rights obligations affecting Ireland’s most vulnerable workers.
Chief Commissioner Sinéad Gibney said:
“The Council of Europe clearly states that in many areas Ireland is failing to protect all its workers equally and adequately. Workers’ rights are crucial to ensuring that many other rights, such as health and housing, can be accessed.
“In our current cost-of living and housing crisis, people working long hours at minimum or low wage, with precarious job security, often lacking the right to strike or unable to access the protection of a union are extraordinarily vulnerable to poverty, mental health problems or homelessness.
“We reiterate our concern that Ireland must act to properly protect economic, social and cultural rights in Irish domestic law, and to honour fully Ireland’s international commitments
We again recommend that the incorporation of these rights into our Constitution would provide a bulwark for the protection of the most vulnerable workers and their families.”
The European Committee of Social Rights Conclusions examined 33 States on the articles of the European Social Charter relating to Labour Rights. In the framework of the right to just conditions of work the ECSR found that in some countries the law does not guarantee the right to reasonable weekly working hours for certain categories of workers and noted that in some jobs the working day may exceed 16 hours and even be as long as 24 hours.
In many countries, the ECSR concluded that the work performed on a public holiday is not adequately compensated and that the right of all workers to public holidays with pay is not guaranteed. Also in some countries workers who suffer from illness or injury while on holiday are not entitled to take the days lost at another time.
The information provided to the ECSR on fair remuneration revealed that in a number of countries, the statutory minimum wage or the lowest wages fixed by collective agreements were too low in comparison with the average wage and did not ensure a decent standard of living.
With respect to the obligation by States to promote joint consultation between workers and employers, the ECSR noted the insufficient promotion of collective bargaining and the restrictions on the right to collective bargaining on behalf of a certain category of workers.
The ECSR found, in some cases, that workers are not granted an effective right to participate in the decision-making process within the undertaking about working conditions, work organisation and the working environment, and legal remedies are not available to workers in the event of infringements of their right to take part in the determination and improvement of working conditions and the working environment.
In several countries, the ECSR noted the lack of appropriate and effective redress (compensation and reinstatement) in cases of sexual harassment, and the absence of adequate prevention of sexual harassment in the workplace.
The ECSR concluded that, in several countries, preventive measures aimed at ensuring that redundancies do not take effect before employers’ obligation to inform and to consult has been fulfilled (such as recourse to administrative and judicial proceedings) do not exist, as well as the effective sanctions applicable in cases where employers fail to fulfil their obligations, under the Charter, of information and consultation in collective redundancy procedures.
Nevertheless, the ECSR noted with satisfaction positive developments in some countries concerning restrictions on the right to strike, and legislative measures concerning the definition and prohibition of harassment and sexual harassment at work.
Also, amendments to the labour codes of several countries have introduced regulations aimed at ensuring that person(s) exercising worker’s representation functions do not suffer discrimination or other negative consequences due to their role.