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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