National Theatre Live and the Phoenix Cinemapresents
'FELA!'
Broadcasted live from the National Theatre, a provocative and wholly unique hybrid of dance, theatre and music, FELA! explores the world of Afrobeat legend Fela Anikulapo-Kuti.
Thursday 13 January 2011
United Kingdom found to be in severe breach of Trade Union/workers rights
The European Social Charter to which the UK is a signatory, sets out the labour rights of the citizens of Europe
The right to just conditions of work, the right to fair remuneration, the right to organise and the right to bargain collectively, the right of workers to be informed and consulted, and the right of workers to take part in the determination and improvement of working conditions and working environment.
In 2010 the European Committee of Social Rights examined the reports on the application of the European Social Charter by the United Kingdom.
The report was published on Friday 17th December 2010
**********************************************************
Conclusions of the European Committee of Social Rights
The European Committee of Social Rights examines the reports and decides whether or not the situations in the countries concerned are in conformity with the European Social Charter. Its decisions, known as "conclusions", are published every year.
The European Social Charter was ratified by the United Kingdom on 11 July 1962.
European Social Charter - European Committee of Social Rights
United Kingdom - Conclusions XIX-3 (2010) - Articles 2, 4, 5 and 6 of the Charter
Article 6 - Right to bargain collectively/Paragraph 2 - Negotiation procedures
Conclusion:The Committee concludes that the situation in the United Kingdom is not in conformity with Article 6§2 of the Charter on the grounds that:
- workers do not have the right to bring legal proceedings against employers who made offers to co-workers in order to induce them to surrender their union rights
- and, in such cases, trade unions too cannot claim a violation of the right to collective bargaining.
Article 6 - Right to bargain collectively/ Paragraph 4 - Collective action
Conclusion:The Committee concludes that the situation in the United Kingdom is not in conformity with Article 6§4 of the Charter on the following grounds:
- the scope for workers to defend their interests through lawful collective action is excessively circumscribed;
- the requirement to give notice to an employer of a ballot on industrial action, in addition to the strike notice that must be issued before taking action, is excessive;
- the protection of workers against dismissal when taking industrial action is insufficient.
Article 2 - Right to just conditions of work/ Paragraph 2 - Public holidays with pay
Conclusion:The Committee concludes that the situation in United Kingdom is not in conformity with
Article 2§2 of the Charter on the ground that it has not been established that the right to public holidays with pay is guaranteed.
Article 2 - Right to just conditions of work/Paragraph 3 - Annual holiday with pay
Conclusion:The Committee concludes that the situation in United Kingdom is not in conformity with
Article 2§3 of the Charter on the ground that workers who fall ill or are injured during their holiday are not entitled to take the days lost at another time.
Article 2 - Right to just conditions of work/Paragraph 4 - Reduced working hours or additional holidays in dangerous or unhealthy occupations
Conclusion:The Committee concludes that the situation in the United Kingdom is not in conformity
with Article 2§4 of the Charter on the ground that it has not been established that measures reducing exposure to risks are provided.
Article 2 - Right to just conditions of work/Paragraph 5 - Weekly rest period
Conclusion:The Committee concludes that the situation in the United Kingdom is not in conformity with Article 2§5 of the Charter on the grounds that there are inadequate safeguards to prevent that workers may work for more than twelve consecutive days without a rest period.
Article 4 - Right to a fair remuneration/Paragraph 1 - Decent remuneration
Conclusion:The Committee concludes that the situation in United Kingdom is not in conformity with Article 4§1 of the Charter on the ground that the minimum wage is manifestly unfair.
Article 4 - Right to a fair remuneration/Paragraph 2 - Increased remuneration for overtime work
Conclusion:The Committee concludes that the situation in the United Kingdom is not in conformity with Article 4§2 of the Charter on the grounds that workers do not have adequate legal guarantees ensuring them increased remuneration for overtime.
Article 4 - Right to a fair remuneration/Paragraph 4 - Reasonable notice of termination of employment
Conclusion:The Committee concludes that the situation in the United Kingdom is not in conformity with Article 4§4 of the Charter on the ground that notice periods for employees with less than three years' service are too short.
Article 5 - Right to organise / Not in conformity
Conclusion:The Committee concludes that the situation in the United Kingdom is not in conformity with Article 5 of the Charter on the ground that Section 15 of the Trade Union and Labour Relations (Consolidation) Act 1992, which makes unlawful for a trade union to indemnify an individual union member for a penalty imposed for an offence or contempt of court, and Section 65 of this Act, which severely restricts the grounds on which a trade union may lawfully discipline members, represent unjustified incursions into the autonomy of trade unions.
Attached is the full report, read and organize
End of Bulletin
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The European Social Charter to which the UK is a signatory, sets out the labour rights of the citizens of Europe
The right to just conditions of work, the right to fair remuneration, the right to organise and the right to bargain collectively, the right of workers to be informed and consulted, and the right of workers to take part in the determination and improvement of working conditions and working environment.
In 2010 the European Committee of Social Rights examined the reports on the application of the European Social Charter by the United Kingdom.
The report was published on Friday 17th December 2010
**********************************************************
Conclusions of the European Committee of Social Rights
The European Committee of Social Rights examines the reports and decides whether or not the situations in the countries concerned are in conformity with the European Social Charter. Its decisions, known as "conclusions", are published every year.
The European Social Charter was ratified by the United Kingdom on 11 July 1962.
European Social Charter - European Committee of Social Rights
United Kingdom - Conclusions XIX-3 (2010) - Articles 2, 4, 5 and 6 of the Charter
Article 6 - Right to bargain collectively/Paragraph 2 - Negotiation procedures
Conclusion:The Committee concludes that the situation in the United Kingdom is not in conformity with Article 6§2 of the Charter on the grounds that:
- workers do not have the right to bring legal proceedings against employers who made offers to co-workers in order to induce them to surrender their union rights
- and, in such cases, trade unions too cannot claim a violation of the right to collective bargaining.
Article 6 - Right to bargain collectively/ Paragraph 4 - Collective action
Conclusion:The Committee concludes that the situation in the United Kingdom is not in conformity with Article 6§4 of the Charter on the following grounds:
- the scope for workers to defend their interests through lawful collective action is excessively circumscribed;
- the requirement to give notice to an employer of a ballot on industrial action, in addition to the strike notice that must be issued before taking action, is excessive;
- the protection of workers against dismissal when taking industrial action is insufficient.
Article 2 - Right to just conditions of work/ Paragraph 2 - Public holidays with pay
Conclusion:The Committee concludes that the situation in United Kingdom is not in conformity with
Article 2§2 of the Charter on the ground that it has not been established that the right to public holidays with pay is guaranteed.
Article 2 - Right to just conditions of work/Paragraph 3 - Annual holiday with pay
Conclusion:The Committee concludes that the situation in United Kingdom is not in conformity with
Article 2§3 of the Charter on the ground that workers who fall ill or are injured during their holiday are not entitled to take the days lost at another time.
Article 2 - Right to just conditions of work/Paragraph 4 - Reduced working hours or additional holidays in dangerous or unhealthy occupations
Conclusion:The Committee concludes that the situation in the United Kingdom is not in conformity
with Article 2§4 of the Charter on the ground that it has not been established that measures reducing exposure to risks are provided.
Article 2 - Right to just conditions of work/Paragraph 5 - Weekly rest period
Conclusion:The Committee concludes that the situation in the United Kingdom is not in conformity with Article 2§5 of the Charter on the grounds that there are inadequate safeguards to prevent that workers may work for more than twelve consecutive days without a rest period.
Article 4 - Right to a fair remuneration/Paragraph 1 - Decent remuneration
Conclusion:The Committee concludes that the situation in United Kingdom is not in conformity with Article 4§1 of the Charter on the ground that the minimum wage is manifestly unfair.
Article 4 - Right to a fair remuneration/Paragraph 2 - Increased remuneration for overtime work
Conclusion:The Committee concludes that the situation in the United Kingdom is not in conformity with Article 4§2 of the Charter on the grounds that workers do not have adequate legal guarantees ensuring them increased remuneration for overtime.
Article 4 - Right to a fair remuneration/Paragraph 4 - Reasonable notice of termination of employment
Conclusion:The Committee concludes that the situation in the United Kingdom is not in conformity with Article 4§4 of the Charter on the ground that notice periods for employees with less than three years' service are too short.
Article 5 - Right to organise / Not in conformity
Conclusion:The Committee concludes that the situation in the United Kingdom is not in conformity with Article 5 of the Charter on the ground that Section 15 of the Trade Union and Labour Relations (Consolidation) Act 1992, which makes unlawful for a trade union to indemnify an individual union member for a penalty imposed for an offence or contempt of court, and Section 65 of this Act, which severely restricts the grounds on which a trade union may lawfully discipline members, represent unjustified incursions into the autonomy of trade unions.
Attached is the full report, read and organize
End of Bulletin
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