The right to fair and just working conditions is an element of many different fundamental workers' rights. The right to protection of workers' health and safety, the right to dignity at work, the right to daily and weekly rest periods, the right to annual paid leave, and the right to a limitation of maximum working hours are specifically included in this article. Equality between all workers (non-discrimination within the company) and the right to equal pay, are an element of fair and just working conditions, but do not figure in this article.
The protection of workers' health and safety covers safety and hygiene measures, the prevention of work-related accidents and information and preventive measures where workers are exposed to certain chemicals or dangerous substances.
The right to dignity at work - or the respect of the dignity of workers - may also concern situations such as discrimination or moral or sexual harassment (cf. article 26 of the European Social Charter).
The right to rest periods and paid leave is a fundamental right which has long been guaranteed to workers. Article 2 of the European Social Charter sets out a progressive reduction in the length of the working week, increases in productivity permitting. The organisation of working hours is another aspect of working conditions which, in combination with article 33 of the Charter (Family and professional life), could also be a right recognised to workers.

Explanations relating to the complete text of the Charter as set out in the Charter.
Documents and contributions of the preparatory works of the Convention:

• Archives of the European Parliament.
• Archives of the European Commission.

UNITED NATIONS
Universal Declaration of Human Rights (UDHR) of 10 December 1948.
Article 23: "1. Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment. (...)"
Article 24 : "Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay. "

International Covenant on Economic, Social and Cultural Rights (ICESCR) of 16 December 1966.
Article 7: "The States Parties to the present Covenant recognize the right of everyone to the enjoyment of just and favourable conditions of work which ensure, in particular: (...)
b) Safe and healthy working conditions; (...)
d) Rest, leisure and reasonable limitation of working hours and periodic holidays with pay, as well as remuneration for public holidays."

International Convention of 18 December 1990, on the Protection of the Rights of All Migrant Workers and Members of Their Families.

International Labour Organisation

Convention No. 105 of the ILO, of 25 June 1957 concerning the Abolition of Forced Labour.

Convention No. 161 of the ILO, of 25 June 1985 on Occupational Health Services.

Convention No. 170 of the ILO, of 25 June 1990 Chemicals Convention.

Convention No. 171 of the ILO, of 26 June 1990 Night Work.

Declaration of (ILO) on fundamental principles and rights at work, of 19 june 1998.

InFocus Programme on Safety and Health at Work and the Environment. (ILO)

COUNCIL OF EUROPE

European Social Charter (ETS No.163) of 3 May 1996. (revised)
Article 2 - The right to just conditions of work.
With a view to ensuring the effective exercise of the right to just conditions of work, the Parties undertake:

1. to provide for reasonable daily and weekly working hours, the working week to be progressively reduced to the extent that the increase of productivity and other relevant factors permit;
2. to provide for public holidays with pay;
3. to provide for a minimum of four weeks' annual holiday with pay;
4. to eliminate risks in inherently dangerous or unhealthy occupations, and where it has not yet been possible to eliminate or reduce sufficiently these risks, to provide for either a reduction of working hours or additional paid holidays for workers engaged in such occupations;
5. to ensure a weekly rest period which shall, as far as possible, coincide with the day recognised by tradition or custom in the country or region concerned as a day of rest;
6. to ensure that workers are informed in written form, as soon as possible, and in any event not later than two months after the date of commencing their employment, of the essential aspects of the contract or employment relationship;
7. to ensure that workers performing night work benefit from measures which take account of the special nature of the work.

Article 3 - The right to safe and healthy working conditions.
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' organisations:

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

Article 26 - The right to dignity at work.

1. to promote awareness, information and prevention of sexual harassment in the workplace or in relation to work and to take all appropriate measures to protect workers from such conduct;
2. to promote awareness, information and prevention of recurrent reprehensible or distinctly negative and offensive actions directed against individual workers in the workplace or in relation to work and to take all appropriate measures to protect workers from such conduct.

• Social politic of the Council of Europe

• employment;
• labour law and working conditions; (...)
• occupational hygiene; (...)

Community charter of the social fundamental rights of workers adopted by the Heads of State and of Government (11 Member States) on 9 December 1989.
Paragraph 8: "Every worker of the European Community shall have a right to a weekly rest period and to annual paid leave, the duration of which must be progressively armonized in accordance with national practices."
Paragraph 19: "Every worker must enjoy satisfactory health and safety conditions in his working environment. Appropriate measures must be taken in order to achieve further harmonization of conditions in this area while maintaining the improvements made.
These measures shall take account, in particular, of the need for the training, information, consultation and balanced participation of workers as regards the risks incurred and the steps taken to eliminate or reduce them.
The provisions regarding implementation of the internal market shall help to ensure such protection.

Directive 89/391/EEC, of the Council of 12 June 1989, on the introduction of measures to encourage improvements in the safety and health of workers at work.
Publication: OJ L 183 of 29 June 1989

Directive 89/654/EEC, of the Council of 30 November 1989, concerning the minimum safety and health requirements for the workplace. (first individual directive within the meaning of Article 16 (1) of Directive 89/391/EEC)
Publication: OJ L 393 of 30 December 1989

Resolution of the Council of 29 May 1990, on the fight against racism and xenophobia.
Official Journal C 157 , 27/06/1990 p. 0001 - 0003

Directive 91/383/EEC, of the Council of 25 June 1991, supplementing the measures to encourage improvements in the safety and health at work of workers with a fixed- duration employment relationship or a temporary employment relationship.
Publication: OJ L 206 of 29 July 1991

Recommendation 92/131/EEC, of 27 November 1991, on the protection of the dignity of women and men at work.
Official Journal L 049 , 24/02/1992 p. 0001 - 0008

Directive 92/85/CEE, of the Council of 19 october1992, Measures aimed at promoting the improvement of the health and safety at work of pregnant workers and workers who have recently given birth or are breastfeeding (Tenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC).
OJ L 348 of 28 November 1992

Council Regulation 2062/94/EC, of 18 July 1994, establishing a European Agency for Safety and Health at Work.
Publication: OJ L 216 of 20 August 1994

Council Regulation 1643/95/EC, of 29 June 1995, amending Regulation (EC) No 2062/94 establishing a European Agency for Safety and Health at Work.
Publication: OJ L 156 of 7 July 1995

Directive 97/81/EC, of 15 December 1997, concerning the Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC - Annex : Framework agreement on part-time work.
Official Journal L 014 , 20/01/1998 p. 0009 - 0014
CONSLEG - 97L0081 - 05/05/1998 - 13 P

Directive 98/24/EC, of 7 April 1998, on the protection of the health and safety of workers from the risks related to chemical agents at work.
Publication: OJ L 131 of 5 May 1998
Entry into force: 5 May 2001

Directive 1999/70/EC, of 28 June 1999, concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP.
Official Journal L 175 , 10/07/1999 p. 0043 - 0048

Communication of 18 July 2001, from the Commission to the Council promoting Core Labour Standards and improving Social Governance in the context of globalisation.

Green book Promoting a European framework for Corporate Social Responsibility.

Communication from the Commission of 11 March 2002, adapting to change in work and society: a new Community strategy on health and safety at work 2002-2006.

Council Resolution of 3 June 2002, on a new Community strategy on health and safety at work. (2002-2006)
Official Journal C 161 , 05/07/2002 p. 0001 - 0004

Council Decision of 22 July 2003 setting up an Advisory Committee on Safety and Health at Work (Text with EEA relevance)
Official Journal C 218 , 13/09/2003 P. 0001 - 0004

Directive 2003/88/EC, of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time.
Official Journal L 299 , 18/11/2003 p. 0009 - 0019

Current legislative procedures

Amended proposal for a Directive of the European Parliament and the Council on working conditions for temporary workers.
Initial proposal: COM (2002) 149 of 20 March 2002, OJ C 203 E of 27 August 2002
Amended proposal: COM (2002) 701 of 28 November 2002

Proposition de Directive du Parlement européen et du Conseil modifiant la directive 2003/88/CE concernant certains aspects de l'aménagement du temps de travail.
Proposition de base : COM (2004) 607 du 22 septembre 2004

• reasonable daily and weekly working hours and the gradual reduction of the working week;
• paid holidays and an annual period of paid leave of at least four weeks;
• the elimination of risks related to dangerous or unhealthy work and/or the adaptation of working hours and paid leave in terms of these risks;
• a weekly rest period;
• written information for workers taking up their post on the essential aspects of the contract or employment relationship;
• compensation measures for night workers.

Of these rights, Article 31(2) of the Charter incorporates only those concerning working hours (using different wording), daily and weekly rest periods and annual paid leave.

The revised European Social Charter (Article 3) also establishes the right to safe and healthy working conditions, the content of which also evolved with the 1996 revision. Employers' and workers' organisations are involved in guaranteeing this right, which covers:

• a national policy on the health and safety of workers aimed at preventing and reducing risks inherent to the working environment;
• the existence of safety and health regulations, and measures to enforce them;
• the gradual development of occupational health services for all workers.

These guarantees correspond to the right written into paragraph 1 of Article 31 of the Charter.

Lastly, Article 26 of the revised European Social Charter guarantees the right to dignity at work, which is also incorporated into the present article. Under the Social Charter, this right must be guaranteed in consultation with employers' and workers' organisations. It consists of promoting awareness, information and prevention of sexual harassment, acts liable to prosecution or recurrent reprehensible or distinctly negative and offensive actions at the workplace.

It has long been a priority for the Community to protect working conditions within the framework of harmonisation and improvement of employment standards and workers' rights. The objective is to achieve the tasks assigned to the Community -freedom of movement of workers (Article 39 EC, former Article 48), the right of establishment (Article 44 EC, former Article 54), establishment and functioning of the internal market (Articles 94 and 95 EC, former Articles 100 and 100A)-, ensuring that working and employment conditions are safeguarded and preventing distortions of competition. Since 1975, the Community has an agency, the European Foundation for the Improvement of Living and Working Conditions, whose purpose is to elucidate its actions through multidisciplinary scientific and technical support. The mission of the agency, which is administered by the Member States, employers’ organisations and workers’ organisations, is to ‘to contribute to the planning and establishment of better living and working conditions through action designed to increase and disseminate knowledge likely to assist this development.’ (Council regulation (EEC) No 1365/75, of 26 May 1975) The Foundation implemented a European Monitoring Centre on Change, whose mission is to highlight economic and social forces resulting from shifts and developments in technologies, business and production models, legislation, work practices and evolving labour market.

The Community acquis in the area of the protection of workers' rights has evolved with the rise in importance of the social dimension of the internal market and the resulting change in the legal bases of social policy. Now integrated into the EC Treaty, social policy refers to the 1961 European Social Charter and the Community Charter of Fundamental Social Rights of Workers; it is applied with due regard for national responsibilities and practices and established collective agreements. (Article 136 EC) With regard to the present article, Community law comprises measures relating to working hours, dignity at work and an important body of measures on health and safety at the workplace.

Paragraph 19 of the 1989 Community Charter of the Fundamental Social Rights of Workers establishes that all workers have the right to protection of their health and safety at the workplace. It also seeks to harmonise health and safety conditions at a high level and states that provisions for implementation of the internal market must contribute to this aim. Paragraph 7 of the Community Charter sets out the principle of the improvement and approximation of living and working conditions of workers in the Community, which must apply notably to the duration and organisation of working time and the forms of employment. (cf. Article 33 of the Charter) The right to a weekly rest period and annual paid leave are guaranteed in paragraph 8, which also provides for working hours to be improved and harmonised.

With the adoption of the Single European Act in 1986 began the true integration of the social dimension into the EC Treaty. Article 118A, in the context of abolishing barriers to intra-Community trade, (Article 100A) sought to reduce differences in levels of health and safety protection for workers in the Community.

Integration of the social dimension into the Treaty continued with the adoption by the Member States, with the exception of the United Kingdom, of the Agreement on Social Policy annexed to the Treaty of Maastricht in Protocol No 14 on social policy. This agreement, initiated by management and labour within the framework of the social dialogue, is the expression of the undertaking by the signatory States to implement the 1989 Social Charter. In the areas of working conditions and protection of workers' health and safety, it makes provision for the adoption of directives containing minimum requirements, supporting and supplementing the action of Member States. The Treaty of Amsterdam deleted Protocol No 14 and integrated the Agreement on Social Policy into the EC Treaty (Articles 136 to 145 EC). The objectives for working conditions and protection of the health and safety of workers did not change, but became subject to the codecision procedure and qualified majority voting in the Council. (Article 137.1 and 2 EC)

Protection of health and safety at work

Community action for the protection of health and safety at work began with the creation of the Advisory Committee on Safety, Hygiene and Health Protection at Work, through Decision 74/325/EEC, of 27 June 1974. Within the framework of Euratom and the European Coal and Steel Community, research was conducted on the protection of workers' health against ionising radiation (updated provisions) and decisions were adopted for the mineral extracting industries.

The first action programme in the field of health and safety at work, adopted in 1978, was followed by the adoption of Framework Directive 80/1107/EEC concerning the protection of workers from the risks of exposure to chemical, physical and biological agents at the workplace. This instrument was aimed at harmonising national provisions, and defined common "specifications" for regulations related to exposure to dangerous agents (information and training of workers, limit values for exposure, methods for sampling, measuring and evaluating results, control of the kind and level of exposure of workers, collective protection measures, etc.). Amended in 1982 and 1988, this framework directive has been implemented or supplemented with specific directives concerning the establishment of limit values or protection against specific risks: exposure to asbestos, exposure to lead, exposure to metallic lead and its ionic compounds , the banning of certain agents and/or activities when appropriate protection cannot be provided, etc. In 1998, Directive 98/24/EC on the protection of the health and safety of workers from the risks related to chemical agents at work, simultaneously incorporated and repealed the 1980 directive, directives amending it and the directives related to exposure to lead and the banning of certain agents and/or activities.

On the basis of former Article 118A (Article 138 EC) introduced by the Single European Act, new directives were adopted, setting minimum health and safety requirements for the workplace, in pursuit of the objective of reducing as far as possible the risks of occupational diseases and accidents. The first of these was Framework Directive 89/391/EEC of 12 June 1989, on the introduction of measures to encourage improvements in the safety and health of workers at work. It contains the structural principles of protection applicable to all sectors of activity: general rules to be respected by employers, obligations and responsibilities of workers, information, consultation, participation and training of workers and their representatives. These framework provisions serve as a basis for the different implementing directives adopted for certain sectors of activity, risks or specific groups of workers (e.g. protection of temporary workers and pregnant women ).

Further, a European Agency for Safety and Health at Work was set up in 1994. (Regulation 2062/94 ) Based in Bilbao, its task is to gather technical, scientific and economic information relevant to the area of heath and safety at work, and to disseminate it to Community bodies, Member States and all interested parties.

The Commission is also assisted by several committees in creating and implementing its strategy to reduce work-related illnesses and accidents:

• Advisory Committee on Safety and Health at Work. (ACSH) (Council Decision of 22 July 2003) It replaces the Advisory Committee for Safety, Hygiene and Health Protection at Work and the Safety and Health Commission for the Mining and Other Extractive Industries (created in 1974). It assists the Commission in preparing, implementing and assessing all initiatives concerning health and safety in the workplace.
• Senior Labour Inspectors Committee (SLIC) (Decision 95/319/EC). It advises the Commission, either at the latter’s request, or on its own initiative, on any problem connected to the application by the Member States of Community Law on health and safety in the workplace, and on issues related to other fields of Community social legislation that has an impact on health and safety in the workplace.
• The Scientific Committee on Occupational Exposure Limits (SCOEL) (Decision 95/320/EC). At the request of the Commission, it advises on any question regarding examination of toxicological effects of chemical substances on the health of workers, particularly on the determination of the occupational exposure limits (OEL) based on scientific data. If necessary, it proposes eight-hour time weighted average (TWA) concentrations, short-term/excursion limits (STEL), and biological limits.

From 1990, the Commission, with Eurostat, started implementing statistical tools, to use data based on uniform criteria on the European scale, on the state and trends of occupational diseases and accidents in the Member States:

• European Statistics on Accidents at Work (ESAW);
• European Statistics on Occupational Diseases (EODS).

The objectives of the new strategy on health and safety at work, presented by the Commission on 11 March 2002 for the 2002-2006 period, are to adapt Community policy and rules to new types of risks at the workplace (ailments related to working on a computer, mobbing and intimidation at work, situations of stress) and to enhance the culture of the prevention of workplace risks. Using the full arsenal of instruments at its disposal (legislative proposals, social dialogue, benchmarking, exchange of best practice, corporate social responsibility and financial incentives), the Commission wishes to introduce:
a comprehensive approach to well-being at the workplace, taking psycho-social risks into account (it is considering proposing a directive on mobbing and intimidation at the workplace and launching a consultation of the social partners on stressful situations);

more effective application of existing standards and stepped-up education and training actions;

The fourth and last Community programme for safety, hygiene and health at work was adopted by the Commission in 1995 for the period 1996-2000 (Communication of 12 July 1995, COM (95) 282). It established measures in response to several needs:

• improvement of standards for the protection of workers' health and safety as a means of reducing the costs of occupational diseases and accidents, which also promotes the development of an efficient, competitive and quality economy;
• strengthening of existing legislation through the monitoring of national transposition measures;
• study of new risks and technical and scientific progress, to see whether new legislative measures are needed or whether existing measures should be consolidated;
• participation and support of the social partners in development of the Community policy for the protection of health, hygiene and safety at work.

The programme also provided a package of non-legislative orientation and information actions to promote proper application of existing legislation, in particular in small and medium-sized enterprises. The action programme, known as SAFE , was set out in a Commission proposal for a Council decision presented in a 1995 Communication. Debated on several occasions by the Council, the proposal was never adopted and ended up being withdrawn.
The Commission presented a mid-term report on the programme for 1996-2000 on 3 September 1998. It recapitulated the actions carried out (entry into operation of the European Agency for Safety and Health at Work in Bilbao, improvement in the rate of transposition of existing directives, etc.) and established priorities for continuation of the programme until 2000: more effective Community legislation, preparation of enlargement, stronger ties with employability (quality of work and working conditions, development of human resources), and safe working conditions in an era of rapid change.

• Commission Website Health and safety at work.
• Commission Website: European Week 2004 for safety and health protection at work, "‘BUILDING IN SAFETY.’

Protection of dignity at work

Article 26 of the revised (1996) European Social Charter sets out the means to be used to ensure the effective exercise of the right of all workers to protection of their dignity at work: awareness, information and prevention of sexual harassment, or recurrent reprehensible or distinctly negative and offensive actions at the workplace. The Community institutions have endeavoured to promote awareness and prevention of sexual harassment at the workplace, an effort that also comes within the scope of guaranteeing equal treatment. Protection of the principle of dignity is fundamentally linked to that of equality or non-discrimination, if only on the basis of the inviolable character of human dignity. Protection against discrimination is part of the guarantee of the principle of dignity. Community legislation contains a number of provisions guaranteeing non-discrimination, on the basis of Articles 12 and 13 EC, and the principle of equal opportunity and equal treatment for men and women in employment and working matters, on the basis of Article 141 EC. (cf. Article 21 of the Charter on non-discrimination, and Article 23 on equality of men and women)

Sexual harassment at the workplace

The Council adopted, on 29 May 1990, a resolution concerning the protection of the dignity of men and women at work, in which it defines the abusive and unacceptable nature of sexual harassment when:

• this conduct is unwanted, unreasonable and offensive to the person subjected to it;
• the fact that a person's rejection of or submission to such behaviour by an employer or worker (including a superior or a colleague) leads explicitly or implicitly to a decision affecting the person's rights in matters of vocational training, employment, continued employment, promotion, salary or any other decision related to employment;
• such conduct creates a climate of intimidation, hostility or humiliation for the person subjected to it.

The resolution invites, on the basis of the opinion of the Advisory Committee on equal opportunity for men and women of 20 June 1988:

• the Member States to inform and promote awareness among employers and workers of sexual harassment and ways of putting an end to it, and reminds employers of their obligations to ban such behaviour and not to retaliate against those lodging complaints;
• the Commission to make the same effort of promoting information and awareness, and to develop, in consultation with the social partners, a code of conduct concerning the protection of the dignity of men and women at work.

Further to this resolution, the Commission forwarded in 1991 a recommendation to the Member States, urging them to take measures to prevent sexual harassment at the workplace and its consequences, which undermine the principles of dignity and equality. The Commission endorses the definition of sexual harassment approved by the Council, the element of reference for determining infringements by national judges. The recommendation is matched with a code of conduct aimed at combating sexual harassment. The code provides guidelines for employers, unions and employees on the prevention of sexual harassment and procedures for handling complaints. The Commission invites the parties to add appropriate clauses to collective agreements.
On 19 December 1991, the Council adopted a declaration on implementation of the recommendation and the code of conduct.

In 1996, the Commission adopted a communication launching the first phase of consultation of the social partners on the prevention of sexual harassment at work. It simultaneously presented the evaluation report on the 1991 recommendation on the protection of the dignity of women and men at work, drawn up on the basis of information submitted by the Member States. The report identifies vulnerable groups and observes the harmful effects of sexual harassment at different levels: on the individual, on the work environment and on the undertaking's economic efficiency. It also notes the shortcomings of national measures in terms of preventing and combating sexual harassment, and concludes that there is a need for a global approach at Community level. A European approach would enable comparison of national approaches, the participation of the social partners in developing actions and possibly the adoption of a binding instrument to be adapted at national level. After a second phase instituted in 1997, the consultation could not succeed, the social partners not having reached an agreement on the desirability of a binding Community instrument.

The directive 2002/73/CE, of 23 September 2002 on implementing the principle of equal treatment for men and women in the field of employment, professional training, and work conditions (amendment of directive 76/207/EEC), provides for strengthening measures to combat sexual harassment: definition as discrimination on the basis of sex, obligations on the part of the employer in matters of prevention, juridical protection of the victims and effective penalties.

Discrimination at work

Concerning equality for women and men at work, over and above the principle of equal pay enshrined by the Treaty of Rome, (new Article 141 EC, which today includes the concept of "equal pay for work of equal value") Community legislation establishes the principle of equal treatment in terms of access to employment, vocational training and promotion, working conditions, (Directive 76/207/EEC amended by Directive 2002/73/CE) and social matters (cf. Article 23 of the Charter). More recently, the Commission set in place a framework strategy for the period 2001-2005, providing that all Community activities must contribute to the objective of the abolition of inequalities and the promotion of gender mainstreaming.
Lastly, Directive 97/80/EC, adopted by the Council on 15 December 1997, places the burden of proof , in cases concerning discrimination on grounds of sex, on the defence. This directive covers situations coming within the scope of Community law relating to equal treatment and equal opportunity in occupational and social areas, along with cases of discrimination brought before any civil or administrative court.

Combating discrimination at work at Community level also involves measures concerning:

• occupational integration and equal opportunity for the elderly, notably within the framework of the European Strategy for Employment: updating of workers' skills, lifelong training, flexible working arrangements; (cf. Article 25 of the Charter)
• occupational integration and equal opportunity for the disabled, covered by a new strategy defined by the Commission on the basis of an inter-sectoral approach, also applying in the framework of the European Strategy for Employment. (cf. Article 26 of the Charter)

In the context of combating discrimination established by the new Article 13 EC introduced by the Treaty of Amsterdam, the Council adopted, on 27 November 2000, a directive establishing a general framework for equal treatment in employment and occupation and an action programme to combat discrimination for the period 2001-2006. The directive covers direct or indirect discrimination on grounds of race or ethnic origin, religion or beliefs, disability, age or sexual orientation. It sets out minimum requirements, and includes a "non-regression" clause for Member States whose legislation offers a higher level of protection, aimed at guaranteeing equal opportunity and treatment in access to employment and promotion, vocational training, employment and working conditions, and trade union activities. It also provides for affirmative action to prevent or correct existing situations of inequality, and remedies to ensure that established rights are respected, including shifting the burden of proof to the defence once the existence of discrimination has been established.

Fair remuneration

Article 31 of the Charter does not contain an express reference to the protection of workers' right to fair pay. Under Article 4 of the 1961 Social Charter, this right implies:

• the right to sufficient remuneration to ensure a decent standard of living for workers and their families;
• the right to an increased rate of remuneration for overtime work;
• the right of men and women workers to equal pay for work of equal value;
• the right to a reasonable period of notice for termination of employment;
• limits on deductions from wages established by laws or regulations or collective agreements or arbitration awards.

Some of these elements are incorporated into paragraph 5 of the Community Charter of the Fundamental Social Rights of Workers, which states that "all employment shall be fairly remunerated" and that:

• workers shall be assured a wage sufficient to enable them to have a decent standard of living;
• workers subject to terms of employment other than an open-ended full-time contract shall benefit from an equitable reference wage;
• wages may be withheld, seized or transferred only in accordance with national law and enabling the worker concerned to maintain the necessary means of subsistence for himself and his family.

Further to adoption of the Community Charter, the Commission addressed an opinion to the Member States on the implementation of paragraph 5: Commission opinion on an equitable wage, COM (93) 388. The Commission stated that the guarantee of every worker's right to an equitable wage irrespective of sex, race, disability, religion, ethnic origin or nationality contributes to the achievement of several aims:

• improving productivity and promoting high-quality employment;
• abolishing discriminatory wage practices;
• promoting economic and social cohesion;
• reassessing attitudes towards traditionally low-paid groups.

The Member States are invited to take action at several levels:

• improve the transparency of wages on the labour market;
• protect groups that are particularly vulnerable and open to discrimination, while preventing unlawful employment practices;
• increase investments in human resources at all levels to improve long-term productivity.

In the interim report presented in January 1998 to the Council, the Economic and Social Committee and the European Parliament (COM (98) 698), the Commission highlights the lack of transparency and the lack of data on wage structure in the Member States. Given the fragmentation of markets and the development of new kinds of work, it encourages exchanges and application of good practices by employers as a means of encouraging wage equity.

Protection of dignity at work

The new strategy in matters of health and safety at work, presented by the Commission on 11 March 2002 for the term 2002-2006, (second phase) is essentially aimed at adapting community policy and rules to new kinds of dangers in the workplace (disorders connected to computer work, moral harassment (or mobbing) and intimidation at work, stress situations), and to strengthen risk prevention at work. By using a number of instruments at its disposal (legislative proposals, dialogue between management and labour, performance rating, best practices exchange, corporate liability of enterprises, financial incentives), the Commission would like to set up:

• A global approach to well-being at work taking into account psychosocial risks (it contemplates proposing a directive on moral harassment and intimidation in the workplace, and consulting both sides of industry on stress situations);
• A more efficient application of existing norms, and strengthening of education and training; and
• A better knowledge base of the economic and social costs of work-related accidents and professional illnesses.

The Employment and Social Affairs Council approved this strategy in a Resolution adopted on 3 June 2002. It invited the Member States to step up their efforts to encourage prevention and to monitor the application of existing measures. It called on the Commission to include in the social agenda scoreboard the measures to be taken and to submit the proposals needed for achieving them.

As part of this strategy, the Commission launched in 2005 a consultation of the social partners with a view to simplifying the presentation of national reports on the implementation of existing Directives on health and safety at the workplace. It has proposed, as has the European Parliament, the presentation at regular intervals of a single report on implementation of all such Directives in the 25 Member States.

• Consultation report, Second stage consultation of social partners on the protection of workers' personal data.

Violence at the workplace

Consultation of the social partners was launched in 2005 by the Commission, with the objective of collecting views on protection of health and safety of workers against any form of violence at the workplace, including bullying. This initiative was integrated into the global approach of well being at work provided in the 2002-2006 Community strategy on health and safety, and covers psychosocial risks: stress, depression, anxiety, harassment and intimidation.

Working time

Directive 93/104/EC, of 23 November 1993, concerning certain aspects of the organisation of working time, was adopted in the interest of protecting the health and safety of workers. It contains minimum requirements on rest periods:

• a minimum daily rest period of 11 consecutive hours per period of 24 hours;
• a minimum period of one rest day on average immediately following the daily rest period in every seven-day period;
• for a daily period of work of more than six hours, a break as defined by the provisions of collective agreements, agreements concluded between social partners or national legislation;
• not less than four weeks' annual paid holiday;
• an average weekly working period of not more than 48 hours, including the overtime for each seven-day period.

Specific requirements are established for night work:

• normal hours of work for night workers must not exceed an average of eight hours in any 24-hour period;
• workers shall be entitled to a free health check-up before being employed on night work and at regular intervals thereafter; anyone suffering from health problems connected with night work must be transferred, wherever possible, to day work.
• night workers must enjoy a level of health and safety protection commensurate with the nature of their work. Protection and prevention facilities must be equivalent to those of other workers and must be available at all times.

The directive lays down the general principle of adapting work to man, a principle the employer must take into account especially in the case of monotonous tasks that must be performed in quick succession.

These 1993 provisions apply to all sectors of activity, with the exception of transport, activities at sea and activities of doctors in training. Additional working time measures were adopted subsequently, to apply to the sectors excluded from the 1993 directive:

• Directive 1999/63/EC, of 21 June 1999, concerning the agreement on the organisation of working time of seafarers concluded by the European Community Shipowners' Association (ECSA) and the Federation of Transport Workers' Unions in the European Union (FST). In accordance with Article 139 EC, the directive is aimed at implementing the agreement between the ECSA and the FST, an agreement founded on ILO Convention 180 (1996).
• Directive 1999/95/EC, of 13 December 1999 concerning the enforcement of provisions in respect of seafarers' hours of work on board ships calling at Community ports. This directive establishes provisions on hours of work on ships not flying the flag of a Member State or not registered in a Member State. The monitoring system is based on the provisions of ILO Convention 180.
• Directive 2000/34/EC, of 22 June 2000 amending Directive 93/104/CE concerning certain aspects of the organisation of working time to cover the sectors and activities excluded from the earlier directive. Amendment of the 1993 directive makes it possible to apply minimum requirements relating to rest periods for workers in air, rail, maritime and inland waterway transport, maritime fisheries and other activities at sea (mobile, non-mobile and offshore workers), and to doctors in training.
• directive 2002/15/CE, of 11 March 2002 concerning the organisation of working time for mobile workers performing road transport activities and for self-employed drivers.

Directive 93/104/EC was repealed by Directive 2003/88/EC, which was adopted on 4 November 2003 and came into force in August 2004. The only aim of the new Directive was to codify the successive amendments introduced to the 1993 text (including those of Directive 2000/34/EC); it clarifies the applicable provisions without changing the substance.

In its Communication of 30 December 2003 (COM (2003) 843), the Commission instituted a first consultation phase between the social partners to revise the two provisions of Directive 93/104/EC with a review clause (reference period for calculating the average maximum weekly working time, and option, with the worker’s consent, of not applying the maximum weekly working time). The Commission would also like the review of the 1993 Directive to be considered in the light of Court of Justice case law on the notion of working time, and for better compatibility between work and family life. This review should not apply to sectoral directives on working time. The second phase of the consultation was instituted on 19 May 2004. In the consultation document, the Commission invites the social partners to engage in the procedure of social dialogue as provided under Article 139 EC, to arrive at a collective bargaining agreement. These did not open the procedure and the Commission presented a proposal for a Directive
in September 2004. Its objective was to amend Directive 2003/88/EC that, in the meantime, replaced the 1993 Directive, in particular on the following points: revision of the “opt-out” principle (derogation from the maximum 48-hour working week), revision of reference periods, new definition for on-call, clarification of “compensatory rest”, and taking into account compatibility between professional life and family life.

Equal treatment for temporary and part-time workers

To guarantee equal treatment in terms of working conditions and environment, and to prevent distortions of competition due to different regulations, the Council has adopted two directives aimed at implementing the framework agreements of the professional organisations on minimum requirements for part-time and fixed-term employment contracts:

• Directive 97/81/EC, of 15 December 1997, concerning the framework agreement on part-time work concluded by UNICE, CEEP and the ETUC. The aim of the agreement is to eliminate discrimination against part-time workers and to improve working conditions and the quality of part-time work. It also encourages employers to facilitate access to this type of contract at every level in the undertaking and to give consideration, wherever possible, to requests for transfers from full-time to part-time contracts and vice versa.
• Directive 99/70/EC, of 28 June 1999, concerning the framework agreement on fixed-term work concluded by UNICE, CEEP and the ETUC. The agreement concerns fixed-term employment contracts, including seasonal contracts, with the exception of those placed at the disposal of the employer by temporary employment agencies. It is aimed at improving the quality of fixed-term work by banning discrimination based on this type of contract. It also establishes that Member States must adopt measures to prevent abuse of fixed-term contracts: objective reasons justifying the renewal of these contracts, maximum total duration of successive fixed-term contracts and the number of renewals.
  A similar agreement concerning temporary work is being considered.

A similar agreement as regards contracts for temporary work was contemplated, but after the breakdown in negotiations between the parties involved in labour negotiations, the Commission presented a proposal for a directive concerned with work conditions for temporary workers. (COM (2002) 149 ) The project aims at guaranteeing a minimum level of protection for temporary workers on the European Union territory, and favouring development of temporary work in the context of flexible employment. It establishes the principle of non-discrimination between the temporary worker and ‘comparable’ permanent employees within the company, including on the level of salaries, and formulates conditions for application of this principle. In the first reading, the European Parliament voted on strengthening protection of temporary workers (statutory rights, social safety net, easing of conditions for application of equal treatment). It also wanted the Directive to go beyond the framework of work conditions, and address the legal status of temporary workers and the responsibility of temporary work agencies. In an amended proposal, the Commission retains the widening of the scope of the text, whose title would be ‘Proposal for a Directive on temporary work’. The first discussions within the Council collided, in particular, with the different views on the conditions for the time frame required to benefit from equal treatment and on the admissible concessions.

C.J.E.C.
Interpretation of Council Directive 89/391/EEC of 12 June 1989 on the implementation of measures to encourage improvements in the health and safety of workers at work

Società italiana petroli SpA (IP) v Borsana Srl, 17 December 1998, Case 2/97.
Article 4 of Directive 90/394 on the protection of workers from the risks related to exposure to carcinogens at work must be interpreted to the effect that the employer's obligation to reduce or replace a carcinogen is not contingent on the outcome of the assessment of risks referred to in Article 3 of that Directive.
Article 5 of Directive 90/394 on the protection of workers from the risks related to exposure to carcinogens at work must be interpreted to the effect that the employer's obligation to avoid or reduce exposure to a carcinogen is contingent on the outcome of the assessment of risks referred to in Article 3 of that Directive.
A national provision which requires the employer to reduce workers' exposure to a carcinogen irrespective of the assessment of risks is not contrary to Directive 90/394 on the protection of workers from the risks related to exposure to carcinogens at work where it constitutes a more stringent measure for the protection of working conditions authorised by Article 118a(3) of the Treaty and by Directive 90/394, which lays down only minimum requirements in this respect.
In the first place, such an obligation, which increases the protection of the health and safety of workers and which is confined to reinforcing the obligation laid down in Article 5 of Directive 90/394, does not undermine the coherence of Community action in the area of workers' health and safety. Secondly, a national provision which reinforces the obligation laid down in Article 5 of Directive 90/394 by requiring the employer to reduce workers' exposure to the carcinogen irrespective of the assessment of risk applies in a non-discriminatory manner and does not hinder the exercise of the fundamental freedoms guaranteed by the Treaty.

Margrit Dietrich Westdeutscher Rundfunk, 6 July 2000,Case 11/99.
In view of the purpose of Directive 90/270 of protecting the health and safety of workers by laying down minimum safety and health requirements for work with display screen equipment, [fifth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC] compliance with the requirements set out in the directive and its annex is essential regardless of the type of image displayed on the screen.
The term graphic display screen, for the purposes of Article 2(a) of the directive must therefore be understood in a broad sense and must be interpreted so as to include screens that display film recordings in analogue or digital form.
On the other hand, the term control cabs for vehicles or machinery, in Article 1(3)(a) of the directive, must be interpreted narrowly inasmuch as these are excluded from the directive's scope of application. That provision must therefore be interpreted as meaning that the term does not extend to a job in which analogue or digital images are processed with the aid of technical devices and/or computer programmes in order to produce television broadcasts.

Commission of the European Communities v Italian Republic, 15 November 2001,Case 49/00.
It must be noted, at the outset, that it follows both from the purpose of the directive, which, according to the 15th recital, applies to all risks, and from the wording of Article 6(3)(a) thereof, that employers are obliged to evaluate all risks to the safety and health of workers.
It should also be noted that the occupational risks which are to be evaluated by employers are not fixed once and for all, but are continually changing in relation, particularly, to the progressive development of working conditions and scientific research concerning such risks.

Interpretation of Council Directive 93/104/EC of 23 November 1993 on certain aspects of the organisation of working time

United Kingdom of Great Britain and Northern Ireland v Council of the European Union, 12 November 1996, Case 84/94.
Article 118a of the Treaty is the appropriate legal basis for the adoption by the Community of measures whose principal aim is the protection of the health and safety of workers, notwithstanding the ancillary effects which such measures may have on the establishment and functioning of the internal market. Since its aim is to ensure that protection, Article 118a constitutes a more specific rule than Articles 100 and 100a, the existence of which does not have the effect of restricting its scope, and must be widely interpreted as regards the scope it gives for Community legislative action regarding the health and safety of workers. Such action may comprise measures which are of general application, not merely measures specific to certain categories of workers, and which have to be in the nature of minimum requirements only in the sense that Member States remain at liberty to adopt more protective measures.
It is for that reason that, in terms of both its aim and its content, Directive 93/104 concerning certain aspects of the organization of working time could, save for the provisions in the second paragraph of Article 5 giving priority to Sunday as the weekly rest day which must therefore be annulled, be adopted on the basis of Article 118a.

Sindicato de Médicos de Asistencia Pública (Simap) v Conselleria de Sanidad y Consumo de la Generalidad Valenciana, 3 October 2000,Case 303/98.
It is clear both from the object of Directive 89/391 on the introduction of measures to encourage improvements in the safety and health of workers at work, and from the wording of Article 2(1) thereof, that it must necessarily be broad in scope and that the exceptions thereto, including that provided for in Article 2(2) concerning certain specific public service activities intended to uphold public order and security, which are essential for the proper functioning of society, must be interpreted restrictively.
An activity such as that of doctors in primary health care teams, performing their activities in a context which links them to the public sector, which cannot, under normal circumstances, be assimilated to the activities referred to in Article 2(2) of Directive 89/391 and does not come within the scope of one of the exclusions provided for in Article 1(3) of Directive 93/104 concerning certain aspects of the organisation of working time, falls within the scope of those directives.
Even in the absence of express measures transposing Directive 93/104 concerning certain aspects of the organisation of working time, provided that the national law applicable to a given activity observes the conditions laid down in Article 17 thereof, which permits derogations from Articles 3, 4, 5, 6, 8 and 16 by means of laws, regulations or administrative provisions or by means of collective agreements or agreements between the two sides of industry, that law conforms to the directive. Consequently the national court may apply its domestic law to the extent to which, having regard to the characteristics of the activity of doctors in primary health care teams, that law meets the conditions laid down in Article 17 of Directive 93/104.
Time spent on call by doctors in primary health care teams must be regarded in its entirety as working time, and where appropriate as overtime, within the meaning of Directive 93/104 concerning certain aspects of the organisation of working time, if they are required to be at the health centre. If they must merely be contactable at all times when on call, only time linked to the actual provision of primary health care services must be regarded as working time.
Doctors in primary health care teams who are regularly on call at night may not be regarded as night workers within the meaning of Article 2(4)(a) of Directive 93/104 concerning certain aspects of the organisation of working time by virtue of Article 2(4)(b) alone where the Member State has adopted no measure in accordance with that provision. Whether national legislation on night work by workers whose employment is governed by private law may be applied to doctors in primary health care teams whose employment is governed by public law is a question to be resolved by the national court in accordance with domestic law.
Work performed by doctors in primary health care teams whilst on call which is organised in such a way that workers are assigned successively to the same work posts on a rotational basis, which makes it necessary for them to perform work at different hours over a given period of days or weeks, constitutes shift work and such doctors are shift workers within the meaning of Article 2(5) and (6) of Directive 93/104
(.) in the absence of national provisions transposing Article 16(2) of Directive 93/104 or, as the case may be, expressly adopting one of the derogations provided for in Article 17(2), (3) and (4) thereof, those provisions may be interpreted as having direct effect, and therefore they confer on individuals a right whereby the reference period for the implementation of the maximum duration of their weekly working time must not exceed 12 months.
It is clear from the wording of the first indent of Article 18(1)(b)(i) of Directive 93/104 concerning certain aspects of the organisation of working time, which allows the Member States not to apply Article 6 of that directive, relating to maximum weekly working time, that that provision requires the consent of the individual worker. Consequently, the consent given by trade-union representatives in the context of a collective or other agreement is not equivalent to that given by the worker himself.

The Queen v Secretary of State for Trade and Industry, ex parte Broadcasting, Entertainment, Cinematographic and Theatre Union, (BECTU) 26 June 2001, Case 173/99.
Article 7(1) of Directive 93/104 allows a Member State to adopt national rules under which a worker does not begin to accrue rights to paid annual leave until he has completed a minimum period of 13 weeks' uninterrupted employment with the same employer.

J.R. Bowden, J.L. Chapman and J.J. Doyle v Tuffnells Parcels Express Ltd, 4 October 2001, Case 133/00.
Article 1(3) of the Directive,must be interpreted in the sense that all workers employed in the road transport sector, including office staff, are excluded from the scope of the Directive.

Landeshauptstadt Kiel v. Norbert Jaeger, 9 September 2003, Case 151/02.
‘Council Directive 93/104/EC (…) must be interpreted as meaning that on-call duty (‘Bereitschaftsdienst’) performed by a doctor where he is required to be physically present in the hospital must be regarded as constituting in its totality working time for the purposes of that directive even where the person concerned is permitted to rest at his place of work during the periods when his services are not required with the result that that directive precludes legislation of a Member State which classifies as rest periods an employee's periods of inactivity in the context of such on-call duty.
‘(…) Moreover,

• (…) Directive 93/104 precludes legislation of a Member State which, in the case of on-call duty where physical presence in the hospital is required, has the effect of enabling, in an appropriate case by means of a collective agreement or a works agreement based on a collective agreement, an offset only in respect of periods of on-call duty during which the worker has actually been engaged in professional activities;
• in order to come within the derogating provisions set out in Article 17(2), subparagraph 2.1(c)(i) of the directive, a reduction in the daily rest period of 11 consecutive hours by a period of on-call duty performed in addition to normal working time is subject to the condition that equivalent compensating rest periods be accorded to the workers concerned at times immediately following the corresponding periods worked;
• (…) in no circumstances may such a reduction in the daily rest period lead to the maximum weekly working time laid down in Article 6 of the directive being exceeded.’

Constitution of the Kingdom of Belgium
Article 23
Everyone has the right to lead a life in conformity with human dignity.
To this end, the laws, decrees, and rulings alluded to in Article 134 guarantee, taking into account corresponding obligations, economic, social, and cultural rights, and determine the conditions for exercising them.
These rights include notably:
1) the right to employment and to the free choice of a professional activity in the framework of a general employment policy, aimed among others at ensuring a level of employment that is as stable and high as possible, the right to fair terms of employment and to fair remuneration, as well as the right to information, consultation and collective negotiation; (...)

 Constitution of the Czech Republic
Article 28
Employees are entitled to fair remuneration for work and to satisfactory working conditions. Detailed provisions are set by law.
Article 29
(1) Women, adolescents, and handicapped persons are entitled to increased protection of their health at work and to special working conditions.
(2) Adolescents and handicapped persons are entitled to special protection in labour relations and to assistance in vocational training.
(3) Detailed provisions in this respect shall be set by law.

 Constitution of the Republic of Estonia
Article 29
“(…) Working conditions shall be under state supervision. (…)”

Constitution of the Kingdom of Spain
Article 40
(...) Likewise, the public authorities shall promote a policy guaranteeing professional training and retraining; they shall ensure labour safety and hygiene and shall provide for the need of rest by limiting the duration of working day, by periodic paid holidays, and by promoting suitable centres.

Constitution of the French Republic
Preamble
11- [The Nation] shall guarantee everyone, particularly children, mothers and older workers, health protection, material security, rest and leisure. Any human being who is unable to work because of his age, his physical or mental condition or his financial situation, shall have the right to obtain the appropriate means for living from the community.

Constitution of Ireland
Article 45.4
(...) The State shall endeavour to ensure that the strength and health of workers, men and women, and the tender age of children shall not be abused and that citizens shall not be forced by economic necessity to enter avocations unsuited to their sex, age or strength.

Constitution of the Italian Republic
Article 36
Workers shall be entitled to a remuneration commensurate with the quantity and quality of their work, and in any case sufficient to ensure to them and their families a free and honourable existence.
The law shall establish limits to the length of the working day.
Workers shall be entitled to a weekly day of rest and to annual paid holidays; they cannot relinquish this right.

 Constitution of the Republic of Cyprus
Appendice D – Part II – Rights and Fundamental liberties
Article 26
“1. Every person has the right to enter freely into any contract subject to such conditions, limitations or restrictions as are laid down by the general principles of the law of contract. A law shall provide for the prevention of exploitation by persons who are commanding economic power.
2. A law may provide for collective labour contracts of obligatory fulfilment by employers and workers with adequate protection of the rights of any person, whether or not represented at the conclusion of such contract.”

Constitution of the Republic of Latvia
Article 107
“Every employed person has the right to receive, for work done, commensurate remuneration which shall not be less than the minimum wage established by the State, and has the right to weekly holidays and a paid annual vacation.”

Constitution of the Republic of Lithuania
Article 48
Each human being may freely choose a job and business, and shall have the right to have proper, safe and healthy working conditions, just pay for work, and social security in the event of unemployment.
The work of foreigners in the Republic of Lithuania shall be regulated by law.
Forced work shall be prohibited.(...)
Article 49
Each working human being shall have the right to rest and leisure, as well as annual paid holidays.
The duration of work hours shall be established by law.

Constitution of the Grand Duchy of Luxembourg
Article 11
(...) The law organizes the social security, health protection, and rest of workers and guarantee the freedom of trade unions. (...)

Constitution of the Republic of Hungary
Article 70/B
“(…) (2) Everyone has the right to equal compensation for equal work, without any discrimination whatsoever.
(3) All persons who work have the right to an income that corresponds to the amount and quality of work they carry out.
(4) Everyone has the right to leisure time, to free time and to regular paid vacation.”
Article 70/D
“(1) Everyone living in the territory of the Republic of Hungary has the right to the highest possible level of physical and mental health.
(2) The Republic of Hungary shall implement this right through institutions of labor safety and health care, through the organization of medical care and the opportunities for regular physical activity, as well as through the protection of the urban and natural environment.”

 Constitution of Malta
Article 13
“(1)The maximum number of hours of work per day shall be fixed by law.
(2) The worker is entitled to a weekly day of rest and to annual holidays with pay; he cannot renounce this right.”
Article 16
“The State shall provide for safeguarding the labour of minors and assure to them the right to equal pay for equal work.”

Constitution of the Kingdom of the Netherlands
Article 19
(...)Rules concerning the legal status and protection of working persons and concerning codetermination shall be laid down by Act of Parliament.(...)

Constitution of the Republic of Poland
Article 24
Work shall be protected by the Republic of Poland. The State shall exercise supervision over the conditions of work.
Article 65
(...) 4. A minimum level of remuneration for work, or the manner of setting its levels shall be specified by statute.(...)
Article 66
1. Everyone shall have the right to safe and hygienic conditions of work. The methods of implementing this right and the obligations of employers shall be specified by statute.
2. An employee shall have the right to statutorily specified days free from work as well as annual paid holidays; the maximum permissible hours of work shall be specified by statute.

Constitution of the Portuguese Republic
Article 59
1. All workers, regardless of age, sex, race, nationality, place of origin, religion or political or ideological convictions, are entitled to :
(...) b. The organisation of work in keeping with human dignity and personal self-fulfilment while reconciling the needs of vocational activity and family life;
c. Safe and healthy working conditions;
d. Rest and recreation, a limit on the length of the working day, weekly rest day and regular holidays with pay; (...)

Constitution of the Republic of Slovenia
Article 66
The state shall create opportunities for employment and work, and shall ensure the protection of both by law.

Constitution of the Slovak Republic
Article 36
Employees shall have the right to fair and satisfactory conditions of work. The law shall ensure, in particular:
a) the right to wages for the work performed, sufficient to secure a dignified
standard of life, (...)
Article 38
(1) Women, minors and disabled persons shall enjoy more extensive health protection at work and special working conditions.
(2) Minors and disabled persons shall enjoy special protection in employment relations and special assistance in training.
(3) A law shall lay down details on the rights defined in paragraphs1 and 2 .

This list of NGOs is subject to change. It is provided for information purposes only and is not exhaustive. The NGOs listed are those with activities related to one of the fundamental rights protected by the Charter and that are active at European Union level or in the Member States.

European Trade Union Confederation (ETUC)

The European Trade Union Confederation (ETUC) was created in 1973 and currently has 78 member organisations from 34 European countries and 11 industry federations. Eurocadre (Council of European Professional and Managerial Staff) and EFREP (European Federation of Retired and Elderly Persons) operate under the auspices of the ETUC. The ETUC directs its activities towards achieving its statutory objectives (political liberties and democracy, human and trade union rights, non-discrimination, equality of men and women, balanced and environmentally friendly economic and social development, freely chosen and productive employment, education and training, improvement of living and working conditions, a society based on freedom, justice and solidarity) within the framework of European integration, working with the European Union but also the Council of Europe and other European bodies active in matters affecting working people’s interests.
The Confederation’s objectives and areas of action:

• influencing European Union legislation through direct representations to the different institutions (Commission, Parliament, Council) ;
• guaranteeing the participation of trade unions in the process of the European authorities’ consultation of the social partners and coordinating unions’ participation in different consultative bodies;
• establishing an industrial relations system with European employers based on the “European social dialogue”;
• mobilizing its members in support of its demands.

The ETUC has set up three specialised institutes to support its work in areas such as social research (ETUI), trade union training (ETUCO) and health and safety at work (TUTB).
The ETUC also has an information desk (ETUC Infopoint) to help the social partners set up projects funded by the European Commission, particularly in the field of transnational cooperation in matters of information and consultation of workers in companies in European Union Member States.
The ETUC is a member of the Social Dialogue Committee (the European Commission consultative body representing the social partners).

Contact
E-mail: etuc@etuc.org
Telephone: +32 2 224 04 11 (Brussels)

Union des Confédérations de l’Industrie et des Employeurs d’Europe (UNICE)

The Union of Industrial and Employers’ Confederations of Europe (UNICE) has existed in its present form since 1958. Today it is comprised of 35 national member federations and organisations and 4 observers, from 28 European countries. UNICE has progressively built permanent ties with the European institutions.
UNICE’s objectives are to:

• bring together central industrial federations to promote solidarity among them;
• encourage a competitive industrial policy at European level;
• represent its member organisations with the European institutions;
• monitor and analyse the issues of the day and coordinate the responses of European industry, at general and interprofessional level.

Areas of action:

• encouraging entrepreneurship;
• making room for entrepreneurship;
• enhancing the flexibility of the labour market;
• promoting a balanced sustainable development policy.

Contact:
E-mail: main@unice.be
Telephone: + 32 2 237 65 11 (Brussels)

European Centre of Enterprises with Public Participation and of Enterprises of General Economic Interest (CEEP)

The European Centre of Enterprises with Public Participation and of Enterprises of General Economic Interest (CEEP) was created in 1961. Its members are enterprises with public participation or engaged in activities of general economic interest, regardless of their legal or ownership status. Its full members are enterprises and organisations from European Union countries. Those from non-EU countries are eligible for associate membership.
CEEP's objectives:

• to represent enterprises and other employers with public participation or engaged in activities of general economic interest in dialogue with the European institutions;
• to defend and promote its members’ interests by taking initiatives, developing proposals and carrying out studies.

Contact:
E-mail: ceep@ceep.org
Telephone: + 32 2 219 27 98 (Brussels)

European Confederation of Executives and Managerial Staff (CEC)

The European Confederation of Executives and Managerial Staff (CEC), founded in 1986, is a network of national organisations from the European Union Member States and of professional federations. It strives to ensure that managers’ proposals and interests are given due consideration at European level.
CEC’s activities:

• developing an assistance network to advise managers working abroad and to facilitate the mobility of managerial staff;
• collecting information on professional developments, knowledge and new skills that can affect the careers and the way managerial staff work;
• organising conferences on subjects of specific interest to its members;
• organising exchanges of information and experience, and networking of peers;
• providing information on the social, economic and legal aspects of European integration;
• representing the interests of executives and managerial staff in dialogue with the European institutions and in negotiations.

Key issues for CEC:

• new ways of organising work;
• information and communication technologies;
• professional equality for men and women;
• specific presence of a representation of executives and managerial staff in all information, consultation and participation bodies in companies;
• adaptation of supplemental pensions in Europe;
• ongoing training.

CEC is a member of the Social Dialogue Committee (the European Commission consultative body representing the social partners).

Contact
E-mail: info@cec-managers.org
Telephone: +32 2 420 10 51 (Brussels)

European Confederation of Independent Trade Unions (CESI)

The European Confederation of Independent Trade Unions (CESI) was founded in 1990 to defend the interests of free and independent trade unions from both the private and public sectors at European level. Its members are national or European trade unions, either representing specific sectors or existing across sectors. The CESI defends trade union pluralism and upholds the free market and social compensation as two objectives to be pursued jointly as part of the European social model. It also supports the development of an independent public service and the continuity of effective public bodies.
CESI is a member of the Social Dialogue Committee (the European Commission consultative body representing the social partners).

Contact
E-mail: info@cesi.org
Telephone: +32 2 282 18 70 (Brussels)

SOLIDAR

SOLIDAR is an independent international alliance of 25 national organisations (full members) involved in social service provision, international cooperation, humanitarian assistance and continuing training, and historically linked to the free and democratic labour and trade union movement. SOLIDAR was founded in 1951 (International Workers Aid) and has existed in its present form, an international association under Belgian law, since 1995.
SOLIDAR’s two main working groups are:

• the Social Affairs Committee, which works on European issues relating to social inclusion, social protection and the strengthening of transnational cooperation;
• the International Cooperation Committee, which works on issues such as humanitarian aid, rehabilitation, development projects, training and workers’ rights.

SOLIDAR’s guiding principles and activities:

• asserting the indivisibility of social, economic, civil, political and cultural rights and promoting solidarity as a guarantee of social justice;
• working for change through support for sustainable and rights-based international economic development, with a view to securing economic and social justice for all, both within and between States;
• achieving its goals by strengthening its alliances with organisations committed to the same principles, encouraging the participation of civil society at local, regional and national level, and engaging in lobbying and advocacy in the EU and the international arena.

Solidar is a member of the Platform of European Social NGOs, whose aim is to develop and consolidate civil dialogue between European NGOs and the European Union institutions.

Contact
E-mail: solidar@skynet.be
Telephone: +32 2 500 10 20 (Brussels)