A/HRC/34/57
freezing of and reduction in the minimum wage in crisis-stricken countries made it
impossible to ensure a decent living as set out in article 7 of the International Covenant on
Economic, Social and Cultural Rights. 22 For similar reasons, the European Committee of
Social Rights has found violations of article 4 (1) of the European Social Charter. 23 In
particular, the compatibility with international human rights standards of labour reforms
affecting young people has been questioned. Concerning Greece, the Committee on
Economic, Social and Cultural Rights noted that young workers’ salaries were
disproportionally affected, while the European Committee of Social Rights found a
violation of article 4 (1) of the European Social Charter as the minimum wage for workers
younger than 25 years was beneath the poverty line. 24 Furthermore, the European
Committee found that the specific lower minimum wage for young people discriminated
against workers younger than 25 years and that Greece was in breach of article 7 (7) of the
European Social Charter which entitles workers under 18 years to at least three weeks of
paid annual leave.25
28.
Labour law reforms facilitating the hiring and layoff of workers have led to tensions
with regard to human rights obligations. Regarding the financial crisis in Argentina in the
1990s, the Committee on Economic, Social and Cultural Rights expressed concern about
the precarity of work relationships exacerbated by labour law reforms backed by IMF,
including through increasing the trial period stipulated in work contracts and the
generalization of contracts of limited duration. 26 Regarding protection against dismissal, the
European Committee found that the reforms introduced by Spain breached the right to
reasonable notice of termination of employment, which concerned, among others, statutory
provisions leaving the definition of notice periods to the discretion of the parties to the
employment contract and allowing employers to dismiss employees on probation under
certain contracts without notice.27
29.
Trade union-related rights have also freqently been affected by labour law reforms
undertaken in the context of crisis-related economic adjustments. The Special Rapporteur
on the rights to freedom of peaceful assembly and of association recently expressed concern
about the declining respect for collective labour rights, including the right to form and join
trade unions. In this context, he also drew attention to the role of multilateral financial
institutions that may condition loans on measures that weaken labour protections, deny
workers a voice in the process and move employment towards informality. 28
30.
In 1999, the Committee on Economic, Social and Cultural Rights noted with
concern the collective labour law reforms carried out in Argentina that reduced the legal
work standards and affected the way in which “temporary” workers were treated. 29 In
particular, measures aimed at decentralizing collective bargaining have been noted by the
relevant quasi-judicial bodies. In the cases of Greece and Spain, respectively, ILO
Committee of Freedom of Association underlined that the creation of mechanisms that
22
23
24
25
26
27
28
29
10
See E/C.12/GRC/CO/2, para. 19; E/C.12/ESP/CO/5, para. 18; and E/C.12/PRT/CO/4, para. 12.
European Committee of Social Rights, Conclusions XX-3 (2014), Greece, art. 4 (1); Conclusions
(2014), Portugal, art. 4 (1); and Conclusions XX-3 (2014), Spain, art. 4 (1).
See E/C.12/GRC/CO/2, para. 19; and European Committee of Social Rights, Conclusions XX-3
(2014), Greece, article 4 (1).
European Committee of Social Rights, Complaint No. 66/2011, General Federation of employees of
the national electric power corporation (GENOP-DEI) and Confederation of Greek Civil Servants’
Trade Unions (ADEDY) v. Greece, 23 May 2012, paras. 30-32 and 68-69; and Conclusions XX-1
(2012), Greece, art. 1 (1).
See E/C.12/1/Add.38, para. 16.
See European Committee of Social Rights, Conclusions XX-3 (2014), Spain, art. 4 (4).
See A/71/385, para. 85.
See E/C.12/1/Add.38, paras. 15 and 16.
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