European Social Charter: Essential Labor Rights

Migrant Worker Rights Under Article 19

The following are seven fundamental rights for migrant workers and their families established under Article 19 of the European Social Charter:

1. Right to free assistance and accessible information (Art 19.1): Member States are required to provide free assistance to workers who wish to emigrate or immigrate. Information must be accessible, comprehensive, and free. There is also an obligation to prevent misleading propaganda related to emigration and immigration.

2. Right to be treated no less favorably than nationals: This applies to matters of remuneration, employment conditions, and the right to join trade unions or enjoy the benefits of collective bargaining. States must ensure the absence of discrimination.
3. Facilitation of departure, journey, and reception: Member States are required to adopt special measures for migrant workers, beyond those provided for nationals, to facilitate their transition. Reception must include assistance with placement, integration in the workplace, and overcoming personal problems (such as illness).

4. Right to facilitate family reunion (Art 19.6): States must facilitate, as far as possible, the reunion of the migrant worker's family. This is understood to include at least the spouse and dependent minor children (unmarried children under the age of majority in the receiving state). Conditions and restrictions may apply regarding health grounds, length of residence, housing conditions, and financial means.

5. Right to protection from expulsion (Art 19.8): Lawfully residing migrant workers cannot be expelled unless they pose a threat to national security or offend against public interest or morality. Expulsion for moral or public order reasons must be based on a criminal act penalty imposed by a court rather than just a prior conviction, considering all aspects of behavior, circumstances, and length of time in the territory.

6. Right to transfer earnings and savings (Art 19.9): States are obligated to permit, within legal limits, the transfer of any part of the earnings or savings that migrant workers desire to send to their home country or elsewhere.

7. Right to equality in legal proceedings (Art 19.7): Migrant workers are entitled to treatment no less favorable than that of nationals regarding legal proceedings for any of the matters referred to in Article 19, including access to courts and legal aid.

Safe and Healthy Working Conditions: Article 3

With a view to ensuring the effective exercise of the right to safe and healthy working conditions, the Parties undertake, in consultation with employers’ and workers’ organizations:

• To formulate, implement, and periodically review a coherent national policy on occupational safety, occupational health, and the working environment. The primary aim shall be to improve safety and prevent accidents or injury to health arising out of or occurring in the course of work, particularly by minimizing the causes of hazards inherent in the working environment.
• To issue safety and health regulations.
• To provide for the enforcement of such regulations through measures of supervision.
• To promote the progressive development of occupational health services for all workers with essentially preventive and advisory functions.

Family Responsibilities and Equal Opportunity

Article 27: Rights of Workers with Families

To ensure the exercise of the right to equality of opportunity and treatment for men and women workers with family responsibilities, the Parties undertake:

1. To take appropriate measures to:
   • Enable workers with family responsibilities to enter, remain in, and re-enter employment after an absence due to those responsibilities, including vocational guidance and training.
   • Account for their needs regarding conditions of employment and social security.
   • Develop or promote public or private services, particularly child daycare and other childcare arrangements.
2. To provide a possibility for either parent to obtain parental leave to take care of a child during a period after maternity leave, the duration and conditions of which are determined by national legislation or collective agreements.
3. To ensure that family responsibilities shall not, as such, constitute a valid reason for the termination of employment.

The Right to Fair Remuneration: Article 4

Art 4.1 – Right to Fair Remuneration

Wages must guarantee a decent standard of life for the worker and their family. To be considered "fair," the minimum wage should reach 60% of the national average net wage. If it is lower, the government must prove that social benefits (such as free healthcare, education, or transport discounts) bridge the financial gap. Remuneration includes financial pay, benefits in kind, and social security benefits.

Art 4.2 – Additional Remuneration for Overtime

Overtime work requires increased compensation. This can be provided as extra money (e.g., +25%, +50%) or additional rest time, which must be longer than the overtime hours worked. High managerial and public administration roles are excluded from this right.

Art 4.3 – Equal Pay for Equal Value

Men and women must receive equal pay for the same work or work of equal value. "Equal value" is measured by responsibility, skills, qualifications, and effort. Violations require the employer to grant back-pay and cancel discriminatory contract rules.

Art 4.4 – Reasonable Notice Period

Workers have the right to a reasonable notice period before termination. This is a progressive obligation, meaning more years of service require a longer notice period.

Art 4.5 – Restrictions on Wage Deductions

Employers cannot arbitrarily take money from a worker's paycheck. Deductions are strictly restricted and are only permitted if authorized by national laws, collective agreements, or court decisions.

Just Conditions of Work: Article 2

Art 2.1 – Reasonable Working Hours

Daily and weekly hours must be "reasonable." While 40 hours per week is standard, 78 hours is considered an absolute violation. This is a dynamic standard; working hours must be gradually reduced as a country's economy and productivity allow.

Art 2.2 – Paid Public Holidays

Workers must receive normal pay during public holidays. Working on these days is a strict exception. Compensating this work only with extra money is restricted; the priority is providing compensatory time off.

Art 2.3 – Annual Paid Holiday Leave

The Revised Charter guarantees a minimum of 4 weeks of paid annual holiday. A waiver is strictly forbidden; a worker cannot legally trade vacation days for money. Financial payouts are only allowed if the employment contract is terminated.

Art 2.4 – Protection Against Workplace Dangers

The primary obligation is to eliminate workplace risks. If a danger cannot be removed, employers cannot simply pay more money. They must compensate the worker with time, either through reduced working hours or extra paid holidays.

Art 2.5 – Weekly Rest Periods

Workers must receive a weekly rest period that, as far as possible, coincides with local traditions (usually Sunday). This rest day can be deferred, but only up to a strict maximum of 12 consecutive working days.

Art 2.6 – Written Information on Contracts

Employers must inform workers of the "essential aspects" of their employment relationship in writing within 2 months of starting the job.

Art 2.7 – Protections for Night Work

States must implement special measures to protect the health and safety of night workers.