European Treaty Series - No. 163 EUROPEAN SOCIAL CHARTER (REVISED)

Transcription

1 Europen Trety Series - No. 163 EUROPEAN SOCIAL CHARTER (REVISED) Strsourg, 3.V.1996

2 2 ETS 163 Europen Socil Chrter (revised), 3.V.1996 Premle The governments signtory hereto, eing memers of the Council of Europe, Considering tht the im of the Council of Europe is the chievement of greter unity etween its memers for the purpose of sfegurding nd relising the idels nd principles which re their common heritge nd of fcilitting their economic nd socil progress, in prticulr y the mintennce nd further relistion of humn rights nd fundmentl freedoms; Considering tht in the Europen Convention for the Protection of Humn Rights nd Fundmentl Freedoms signed t Rome on 4 Novemer 1950, nd the Protocols thereto, the memer Sttes of the Council of Europe greed to secure to their popultions the civil nd politicl rights nd freedoms therein specified; Considering tht in the Europen Socil Chrter opened for signture in Turin on 18 Octoer 1961 nd the Protocols thereto, the memer Sttes of the Council of Europe greed to secure to their popultions the socil rights specified therein in order to improve their stndrd of living nd their socil well-eing; Reclling tht the Ministeril Conference on Humn Rights held in Rome on 5 Novemer 1990 stressed the need, on the one hnd, to preserve the indivisile nture of ll humn rights, e they civil, politicl, economic, socil or culturl nd, on the other hnd, to give the Europen Socil Chrter fresh impetus; Resolved, s ws decided during the Ministeril Conference held in Turin on 21 nd 22 Octoer 1991, to updte nd dpt the sustntive contents of the Chrter in order to tke ccount in prticulr of the fundmentl socil chnges which hve occurred since the text ws dopted; Recognising the dvntge of emodying in Revised Chrter, designed progressively to tke the plce of the Europen Socil Chrter, the rights gurnteed y the Chrter s mended, the rights gurnteed y the Additionl Protocol of 1988 nd to dd new rights, Hve greed s follows:

3 3 ETS 163 Europen Socil Chrter (revised), 3.V.1996 Prt I The Prties ccept s the im of their policy, to e pursued y ll pproprite mens oth ntionl nd interntionl in chrcter, the ttinment of conditions in which the following rights nd principles my e effectively relised: 1 Everyone shll hve the opportunity to ern his living in n occuption freely entered upon. 2 All workers hve the right to just conditions of work. 3 All workers hve the right to sfe nd helthy working conditions. 4 All workers hve the right to fir remunertion sufficient for decent stndrd of living for themselves nd their fmilies. 5 All workers nd employers hve the right to freedom of ssocition in ntionl or interntionl orgnistions for the protection of their economic nd socil interests. 6 All workers nd employers hve the right to rgin collectively. 7 Children nd young persons hve the right to specil protection ginst the physicl nd morl hzrds to which they re exposed. 8 Employed women, in cse of mternity, hve the right to specil protection. 9 Everyone hs the right to pproprite fcilities for voctionl guidnce with view to helping him choose n occuption suited to his personl ptitude nd interests. 10 Everyone hs the right to pproprite fcilities for voctionl trining. 11 Everyone hs the right to enefit from ny mesures enling him to enjoy the highest possile stndrd of helth ttinle. 12 All workers nd their dependents hve the right to socil security. 13 Anyone without dequte resources hs the right to socil nd medicl ssistnce. 14 Everyone hs the right to enefit from socil welfre services. 15 Disled persons hve the right to independence, socil integrtion nd prticiption in the life of the community. 16 The fmily s fundmentl unit of society hs the right to pproprite socil, legl nd economic protection to ensure its full development. 17 Children nd young persons hve the right to pproprite socil, legl nd economic protection.

4 4 ETS 163 Europen Socil Chrter (revised), 3.V The ntionls of ny one of the Prties hve the right to engge in ny ginful occuption in the territory of ny one of the others on footing of equlity with the ntionls of the ltter, suject to restrictions sed on cogent economic or socil resons. 19 Migrnt workers who re ntionls of Prty nd their fmilies hve the right to protection nd ssistnce in the territory of ny other Prty. 20 All workers hve the right to equl opportunities nd equl tretment in mtters of employment nd occuption without discrimintion on the grounds of sex. 21 Workers hve the right to e informed nd to e consulted within the undertking. 22 Workers hve the right to tke prt in the determintion nd improvement of the working conditions nd working environment in the undertking. 23 Every elderly person hs the right to socil protection. 24 All workers hve the right to protection in cses of termintion of employment. 25 All workers hve the right to protection of their clims in the event of the insolvency of their employer. 26 All workers hve the right to dignity t work. 27 All persons with fmily responsiilities nd who re engged or wish to engge in employment hve right to do so without eing suject to discrimintion nd s fr s possile without conflict etween their employment nd fmily responsiilities. 28 Workers representtives in undertkings hve the right to protection ginst cts prejudicil to them nd should e fforded pproprite fcilities to crry out their functions. 29 All workers hve the right to e informed nd consulted in collective redundncy procedures. 30 Everyone hs the right to protection ginst poverty nd socil exclusion. 31 Everyone hs the right to housing. Prt II The Prties undertke, s provided for in Prt III, to consider themselves ound y the oligtions lid down in the following rticles nd prgrphs. Article 1 The right to work With view to ensuring the effective exercise of the right to work, the Prties undertke: 1 to ccept s one of their primry ims nd responsiilities the chievement nd mintennce of s high nd stle level of employment s possile, with view to the ttinment of full employment;

5 5 ETS 163 Europen Socil Chrter (revised), 3.V to protect effectively the right of the worker to ern his living in n occuption freely entered upon; 3 to estlish or mintin free employment services for ll workers; 4 to provide or promote pproprite voctionl guidnce, trining nd rehilittion. Article 2 The right to just conditions of work With view to ensuring the effective exercise of the right to just conditions of work, the Prties undertke: 1 to provide for resonle dily nd weekly working hours, the working week to e progressively reduced to the extent tht the increse of productivity nd other relevnt fctors permit; 2 to provide for pulic holidys with py; 3 to provide for minimum of four weeks nnul holidy with py; 4 to eliminte risks in inherently dngerous or unhelthy occuptions, nd where it hs not yet een possile to eliminte or reduce sufficiently these risks, to provide for either reduction of working hours or dditionl pid holidys for workers engged in such occuptions; 5 to ensure weekly rest period which shll, s fr s possile, coincide with the dy recognised y trdition or custom in the country or region concerned s dy of rest; 6 to ensure tht workers re informed in written form, s soon s possile, nd in ny event not lter thn two months fter the dte of commencing their employment, of the essentil spects of the contrct or employment reltionship; 7 to ensure tht workers performing night work enefit from mesures which tke ccount of the specil nture of the work. Article 3 The right to sfe nd helthy working conditions With view to ensuring the effective exercise of the right to sfe nd helthy working conditions, the Prties undertke, in consulttion with employers nd workers orgnistions: 1 to formulte, implement nd periodiclly review coherent ntionl policy on occuptionl sfety, occuptionl helth nd the working environment. The primry im of this policy shll e to improve occuptionl sfety nd helth nd to prevent ccidents nd injury to helth rising out of, linked with or occurring in the course of work, prticulrly y minimising the cuses of hzrds inherent in the working environment; 2 to issue sfety nd helth regultions;

6 6 ETS 163 Europen Socil Chrter (revised), 3.V to provide for the enforcement of such regultions y mesures of supervision; 4 to promote the progressive development of occuptionl helth services for ll workers with essentilly preventive nd dvisory functions. Article 4 The right to fir remunertion With view to ensuring the effective exercise of the right to fir remunertion, the Prties undertke: 1 to recognise the right of workers to remunertion such s will give them nd their fmilies decent stndrd of living; 2 to recognise the right of workers to n incresed rte of remunertion for overtime work, suject to exceptions in prticulr cses; 3 to recognise the right of men nd women workers to equl py for work of equl vlue; 4 to recognise the right of ll workers to resonle period of notice for termintion of employment; 5 to permit deductions from wges only under conditions nd to the extent prescried y ntionl lws or regultions or fixed y collective greements or ritrtion wrds. The exercise of these rights shll e chieved y freely concluded collective greements, y sttutory wge-fixing mchinery, or y other mens pproprite to ntionl conditions. Article 5 The right to orgnise With view to ensuring or promoting the freedom of workers nd employers to form locl, ntionl or interntionl orgnistions for the protection of their economic nd socil interests nd to join those orgnistions, the Prties undertke tht ntionl lw shll not e such s to impir, nor shll it e so pplied s to impir, this freedom. The extent to which the gurntees provided for in this rticle shll pply to the police shll e determined y ntionl lws or regultions. The principle governing the ppliction to the memers of the rmed forces of these gurntees nd the extent to which they shll pply to persons in this ctegory shll eqully e determined y ntionl lws or regultions. Article 6 The right to rgin collectively With view to ensuring the effective exercise of the right to rgin collectively, the Prties undertke: 1 to promote joint consulttion etween workers nd employers; 2 to promote, where necessry nd pproprite, mchinery for voluntry negotitions etween employers or employers orgnistions nd workers orgnistions, with view to the regultion of terms nd conditions of employment y mens of collective greements;

7 7 ETS 163 Europen Socil Chrter (revised), 3.V to promote the estlishment nd use of pproprite mchinery for concilition nd voluntry ritrtion for the settlement of lour disputes; nd recognise: 4 the right of workers nd employers to collective ction in cses of conflicts of interest, including the right to strike, suject to oligtions tht might rise out of collective greements previously entered into. Article 7 The right of children nd young persons to protection With view to ensuring the effective exercise of the right of children nd young persons to protection, the Prties undertke: 1 to provide tht the minimum ge of dmission to employment shll e 15 yers, suject to exceptions for children employed in prescried light work without hrm to their helth, morls or eduction; 2 to provide tht the minimum ge of dmission to employment shll e 18 yers with respect to prescried occuptions regrded s dngerous or unhelthy; 3 to provide tht persons who re still suject to compulsory eduction shll not e employed in such work s would deprive them of the full enefit of their eduction; 4 to provide tht the working hours of persons under 18 yers of ge shll e limited in ccordnce with the needs of their development, nd prticulrly with their need for voctionl trining; 5 to recognise the right of young workers nd pprentices to fir wge or other pproprite llownces; 6 to provide tht the time spent y young persons in voctionl trining during the norml working hours with the consent of the employer shll e treted s forming prt of the working dy; 7 to provide tht employed persons of under 18 yers of ge shll e entitled to minimum of four weeks nnul holidy with py; 8 to provide tht persons under 18 yers of ge shll not e employed in night work with the exception of certin occuptions provided for y ntionl lws or regultions; 9 to provide tht persons under 18 yers of ge employed in occuptions prescried y ntionl lws or regultions shll e suject to regulr medicl control; 10 to ensure specil protection ginst physicl nd morl dngers to which children nd young persons re exposed, nd prticulrly ginst those resulting directly or indirectly from their work.

8 8 ETS 163 Europen Socil Chrter (revised), 3.V.1996 Article 8 The right of employed women to protection of mternity With view to ensuring the effective exercise of the right of employed women to the protection of mternity, the Prties undertke: 1 to provide either y pid leve, y dequte socil security enefits or y enefits from pulic funds for employed women to tke leve efore nd fter childirth up to totl of t lest fourteen weeks; 2 to consider it s unlwful for n employer to give womn notice of dismissl during the period from the time she notifies her employer tht she is pregnnt until the end of her mternity leve, or to give her notice of dismissl t such time tht the notice would expire during such period; 3 to provide tht mothers who re nursing their infnts shll e entitled to sufficient time off for this purpose; 4 to regulte the employment in night work of pregnnt women, women who hve recently given irth nd women nursing their infnts; 5 to prohiit the employment of pregnnt women, women who hve recently given irth or who re nursing their infnts in underground mining nd ll other work which is unsuitle y reson of its dngerous, unhelthy or rduous nture nd to tke pproprite mesures to protect the employment rights of these women. Article 9 The right to voctionl guidnce With view to ensuring the effective exercise of the right to voctionl guidnce, the Prties undertke to provide or promote, s necessry, service which will ssist ll persons, including the hndicpped, to solve prolems relted to occuptionl choice nd progress, with due regrd to the individul s chrcteristics nd their reltion to occuptionl opportunity: this ssistnce should e ville free of chrge, oth to young persons, including schoolchildren, nd to dults. Article 10 The right to voctionl trining With view to ensuring the effective exercise of the right to voctionl trining, the Prties undertke: 1 to provide or promote, s necessry, the technicl nd voctionl trining of ll persons, including the hndicpped, in consulttion with employers nd workers orgnistions, nd to grnt fcilities for ccess to higher technicl nd university eduction, sed solely on individul ptitude; 2 to provide or promote system of pprenticeship nd other systemtic rrngements for trining young oys nd girls in their vrious employments; 3 to provide or promote, s necessry: dequte nd redily ville trining fcilities for dult workers;

9 9 ETS 163 Europen Socil Chrter (revised), 3.V.1996 specil fcilities for the retrining of dult workers needed s result of technologicl development or new trends in employment; 4 to provide or promote, s necessry, specil mesures for the retrining nd reintegrtion of the long-term unemployed; 5 to encourge the full utilistion of the fcilities provided y pproprite mesures such s: c d reducing or olishing ny fees or chrges; grnting finncil ssistnce in pproprite cses; including in the norml working hours time spent on supplementry trining tken y the worker, t the request of his employer, during employment; ensuring, through dequte supervision, in consulttion with the employers nd workers orgnistions, the efficiency of pprenticeship nd other trining rrngements for young workers, nd the dequte protection of young workers generlly. Article 11 The right to protection of helth With view to ensuring the effective exercise of the right to protection of helth, the Prties undertke, either directly or in co-opertion with pulic or privte orgnistions, to tke pproprite mesures designed inter li: 1 to remove s fr s possile the cuses of ill-helth; 2 to provide dvisory nd eductionl fcilities for the promotion of helth nd the encourgement of individul responsiility in mtters of helth; 3 to prevent s fr s possile epidemic, endemic nd other diseses, s well s ccidents. Article 12 The right to socil security With view to ensuring the effective exercise of the right to socil security, the Prties undertke: 1 to estlish or mintin system of socil security; 2 to mintin the socil security system t stisfctory level t lest equl to tht necessry for the rtifiction of the Europen Code of Socil Security; 3 to endevour to rise progressively the system of socil security to higher level; 4 to tke steps, y the conclusion of pproprite ilterl nd multilterl greements or y other mens, nd suject to the conditions lid down in such greements, in order to ensure:

10 10 ETS 163 Europen Socil Chrter (revised), 3.V.1996 equl tretment with their own ntionls of the ntionls of other Prties in respect of socil security rights, including the retention of enefits rising out of socil security legisltion, whtever movements the persons protected my undertke etween the territories of the Prties; the grnting, mintennce nd resumption of socil security rights y such mens s the ccumultion of insurnce or employment periods completed under the legisltion of ech of the Prties. Article 13 The right to socil nd medicl ssistnce With view to ensuring the effective exercise of the right to socil nd medicl ssistnce, the Prties undertke: 1 to ensure tht ny person who is without dequte resources nd who is unle to secure such resources either y his own efforts or from other sources, in prticulr y enefits under socil security scheme, e grnted dequte ssistnce, nd, in cse of sickness, the cre necessitted y his condition; 2 to ensure tht persons receiving such ssistnce shll not, for tht reson, suffer from diminution of their politicl or socil rights; 3 to provide tht everyone my receive y pproprite pulic or privte services such dvice nd personl help s my e required to prevent, to remove, or to llevite personl or fmily wnt; 4 to pply the provisions referred to in prgrphs 1, 2 nd 3 of this rticle on n equl footing with their ntionls to ntionls of other Prties lwfully within their territories, in ccordnce with their oligtions under the Europen Convention on Socil nd Medicl Assistnce, signed t Pris on 11 Decemer Article 14 The right to enefit from socil welfre services With view to ensuring the effective exercise of the right to enefit from socil welfre services, the Prties undertke: 1 to promote or provide services which, y using methods of socil work, would contriute to the welfre nd development of oth individuls nd groups in the community, nd to their djustment to the socil environment; 2 to encourge the prticiption of individuls nd voluntry or other orgnistions in the estlishment nd mintennce of such services. Article 15 The right of persons with disilities to independence, socil integrtion nd prticiption in the life of the community With view to ensuring to persons with disilities, irrespective of ge nd the nture nd origin of their disilities, the effective exercise of the right to independence, socil integrtion nd prticiption in the life of the community, the Prties undertke, in prticulr:

11 11 ETS 163 Europen Socil Chrter (revised), 3.V to tke the necessry mesures to provide persons with disilities with guidnce, eduction nd voctionl trining in the frmework of generl schemes wherever possile or, where this is not possile, through specilised odies, pulic or privte; 2 to promote their ccess to employment through ll mesures tending to encourge employers to hire nd keep in employment persons with disilities in the ordinry working environment nd to djust the working conditions to the needs of the disled or, where this is not possile y reson of the disility, y rrnging for or creting sheltered employment ccording to the level of disility. In certin cses, such mesures my require recourse to specilised plcement nd support services; 3 to promote their full socil integrtion nd prticiption in the life of the community in prticulr through mesures, including technicl ids, iming to overcome rriers to communiction nd moility nd enling ccess to trnsport, housing, culturl ctivities nd leisure. Article 16 The right of the fmily to socil, legl nd economic protection With view to ensuring the necessry conditions for the full development of the fmily, which is fundmentl unit of society, the Prties undertke to promote the economic, legl nd socil protection of fmily life y such mens s socil nd fmily enefits, fiscl rrngements, provision of fmily housing, enefits for the newly mrried nd other pproprite mens. Article 17 The right of children nd young persons to socil, legl nd economic protection With view to ensuring the effective exercise of the right of children nd young persons to grow up in n environment which encourges the full development of their personlity nd of their physicl nd mentl cpcities, the Prties undertke, either directly or in co-opertion with pulic nd privte orgnistions, to tke ll pproprite nd necessry mesures designed: 1 to ensure tht children nd young persons, tking ccount of the rights nd duties of their prents, hve the cre, the ssistnce, the eduction nd the trining they need, in prticulr y providing for the estlishment or mintennce of institutions nd services sufficient nd dequte for this purpose; c to protect children nd young persons ginst negligence, violence or exploittion; to provide protection nd specil id from the stte for children nd young persons temporrily or definitively deprived of their fmily s support; 2 to provide to children nd young persons free primry nd secondry eduction s well s to encourge regulr ttendnce t schools.

12 12 ETS 163 Europen Socil Chrter (revised), 3.V.1996 Article 18 The right to engge in ginful occuption in the territory of other Prties With view to ensuring the effective exercise of the right to engge in ginful occuption in the territory of ny other Prty, the Prties undertke: 1 to pply existing regultions in spirit of lierlity; 2 to simplify existing formlities nd to reduce or olish chncery dues nd other chrges pyle y foreign workers or their employers; 3 to lierlise, individully or collectively, regultions governing the employment of foreign workers; nd recognise: 4 the right of their ntionls to leve the country to engge in ginful occuption in the territories of the other Prties. Article 19 The right of migrnt workers nd their fmilies to protection nd ssistnce With view to ensuring the effective exercise of the right of migrnt workers nd their fmilies to protection nd ssistnce in the territory of ny other Prty, the Prties undertke: 1 to mintin or to stisfy themselves tht there re mintined dequte nd free services to ssist such workers, prticulrly in otining ccurte informtion, nd to tke ll pproprite steps, so fr s ntionl lws nd regultions permit, ginst misleding propgnd relting to emigrtion nd immigrtion; 2 to dopt pproprite mesures within their own jurisdiction to fcilitte the deprture, journey nd reception of such workers nd their fmilies, nd to provide, within their own jurisdiction, pproprite services for helth, medicl ttention nd good hygienic conditions during the journey; 3 to promote co-opertion, s pproprite, etween socil services, pulic nd privte, in emigrtion nd immigrtion countries; 4 to secure for such workers lwfully within their territories, insofr s such mtters re regulted y lw or regultions or re suject to the control of dministrtive uthorities, tretment not less fvourle thn tht of their own ntionls in respect of the following mtters: c remunertion nd other employment nd working conditions; memership of trde unions nd enjoyment of the enefits of collective rgining; ccommodtion;

13 13 ETS 163 Europen Socil Chrter (revised), 3.V to secure for such workers lwfully within their territories tretment not less fvourle thn tht of their own ntionls with regrd to employment txes, dues or contriutions pyle in respect of employed persons; 6 to fcilitte s fr s possile the reunion of the fmily of foreign worker permitted to estlish himself in the territory; 7 to secure for such workers lwfully within their territories tretment not less fvourle thn tht of their own ntionls in respect of legl proceedings relting to mtters referred to in this rticle; 8 to secure tht such workers lwfully residing within their territories re not expelled unless they endnger ntionl security or offend ginst pulic interest or morlity; 9 to permit, within legl limits, the trnsfer of such prts of the ernings nd svings of such workers s they my desire; 10 to extend the protection nd ssistnce provided for in this rticle to self-employed migrnts insofr s such mesures pply; 11 to promote nd fcilitte the teching of the ntionl lnguge of the receiving stte or, if there re severl, one of these lnguges, to migrnt workers nd memers of their fmilies; 12 to promote nd fcilitte, s fr s prcticle, the teching of the migrnt worker s mother tongue to the children of the migrnt worker. Article 20 The right to equl opportunities nd equl tretment in mtters of employment nd occuption without discrimintion on the grounds of sex With view to ensuring the effective exercise of the right to equl opportunities nd equl tretment in mtters of employment nd occuption without discrimintion on the grounds of sex, the Prties undertke to recognise tht right nd to tke pproprite mesures to ensure or promote its ppliction in the following fields: c d ccess to employment, protection ginst dismissl nd occuptionl reintegrtion; voctionl guidnce, trining, retrining nd rehilittion; terms of employment nd working conditions, including remunertion; creer development, including promotion. Article 21 The right to informtion nd consulttion With view to ensuring the effective exercise of the right of workers to e informed nd consulted within the undertking, the Prties undertke to dopt or encourge mesures enling workers or their representtives, in ccordnce with ntionl legisltion nd prctice:

14 14 ETS 163 Europen Socil Chrter (revised), 3.V.1996 to e informed regulrly or t the pproprite time nd in comprehensile wy out the economic nd finncil sitution of the undertking employing them, on the understnding tht the disclosure of certin informtion which could e prejudicil to the undertking my e refused or suject to confidentility; nd to e consulted in good time on proposed decisions which could sustntilly ffect the interests of workers, prticulrly on those decisions which could hve n importnt impct on the employment sitution in the undertking. Article 22 The right to tke prt in the determintion nd improvement of the working conditions nd working environment With view to ensuring the effective exercise of the right of workers to tke prt in the determintion nd improvement of the working conditions nd working environment in the undertking, the Prties undertke to dopt or encourge mesures enling workers or their representtives, in ccordnce with ntionl legisltion nd prctice, to contriute: c d to the determintion nd the improvement of the working conditions, work orgnistion nd working environment; to the protection of helth nd sfety within the undertking; to the orgnistion of socil nd socio-culturl services nd fcilities within the undertking; to the supervision of the oservnce of regultions on these mtters. Article 23 The right of elderly persons to socil protection With view to ensuring the effective exercise of the right of elderly persons to socil protection, the Prties undertke to dopt or encourge, either directly or in co-opertion with pulic or privte orgnistions, pproprite mesures designed in prticulr: to enle elderly persons to remin full memers of society for s long s possile, y mens of: dequte resources enling them to led decent life nd ply n ctive prt in pulic, socil nd culturl life; provision of informtion out services nd fcilities ville for elderly persons nd their opportunities to mke use of them; to enle elderly persons to choose their life-style freely nd to led independent lives in their fmilir surroundings for s long s they wish nd re le, y mens of: provision of housing suited to their needs nd their stte of helth or of dequte support for dpting their housing; the helth cre nd the services necessitted y their stte;

15 15 ETS 163 Europen Socil Chrter (revised), 3.V.1996 to gurntee elderly persons living in institutions pproprite support, while respecting their privcy, nd prticiption in decisions concerning living conditions in the institution. Article 24 The right to protection in cses of termintion of employment With view to ensuring the effective exercise of the right of workers to protection in cses of termintion of employment, the Prties undertke to recognise: the right of ll workers not to hve their employment terminted without vlid resons for such termintion connected with their cpcity or conduct or sed on the opertionl requirements of the undertking, estlishment or service; the right of workers whose employment is terminted without vlid reson to dequte compenstion or other pproprite relief. To this end the Prties undertke to ensure tht worker who considers tht his employment hs een terminted without vlid reson shll hve the right to ppel to n imprtil ody. Article 25 The right of workers to the protection of their clims in the event of the insolvency of their employer With view to ensuring the effective exercise of the right of workers to the protection of their clims in the event of the insolvency of their employer, the Prties undertke to provide tht workers clims rising from contrcts of employment or employment reltionships e gurnteed y gurntee institution or y ny other effective form of protection. Article 26 The right to dignity t work With view to ensuring the effective exercise of the right of ll workers to protection of their dignity t work, the Prties undertke, in consulttion with employers nd workers orgnistions: 1 to promote wreness, informtion nd prevention of sexul hrssment in the workplce or in reltion to work nd to tke ll pproprite mesures to protect workers from such conduct; 2 to promote wreness, informtion nd prevention of recurrent reprehensile or distinctly negtive nd offensive ctions directed ginst individul workers in the workplce or in reltion to work nd to tke ll pproprite mesures to protect workers from such conduct. Article 27 The right of workers with fmily responsiilities to equl opportunities nd equl tretment With view to ensuring the exercise of the right to equlity of opportunity nd tretment for men nd women workers with fmily responsiilities nd etween such workers nd other workers, the Prties undertke:

16 16 ETS 163 Europen Socil Chrter (revised), 3.V to tke pproprite mesures: c to enle workers with fmily responsiilities to enter nd remin in employment, s well s to re-enter employment fter n sence due to those responsiilities, including mesures in the field of voctionl guidnce nd trining; to tke ccount of their needs in terms of conditions of employment nd socil security; to develop or promote services, pulic or privte, in prticulr child dycre services nd other childcre rrngements; 2 to provide possiility for either prent to otin, during period fter mternity leve, prentl leve to tke cre of child, the durtion nd conditions of which should e determined y ntionl legisltion, collective greements or prctice; 3 to ensure tht fmily responsiilities shll not, s such, constitute vlid reson for termintion of employment. Article 28 The right of workers representtives to protection in the undertking nd fcilities to e ccorded to them With view to ensuring the effective exercise of the right of workers representtives to crry out their functions, the Prties undertke to ensure tht in the undertking: they enjoy effective protection ginst cts prejudicil to them, including dismissl, sed on their sttus or ctivities s workers representtives within the undertking; they re fforded such fcilities s my e pproprite in order to enle them to crry out their functions promptly nd efficiently, ccount eing tken of the industril reltions system of the country nd the needs, size nd cpilities of the undertking concerned. Article 29 The right to informtion nd consulttion in collective redundncy procedures With view to ensuring the effective exercise of the right of workers to e informed nd consulted in situtions of collective redundncies, the Prties undertke to ensure tht employers shll inform nd consult workers representtives, in good time prior to such collective redundncies, on wys nd mens of voiding collective redundncies or limiting their occurrence nd mitigting their consequences, for exmple y recourse to ccompnying socil mesures imed, in prticulr, t id for the redeployment or retrining of the workers concerned. Article 30 The right to protection ginst poverty nd socil exclusion With view to ensuring the effective exercise of the right to protection ginst poverty nd socil exclusion, the Prties undertke:

17 17 ETS 163 Europen Socil Chrter (revised), 3.V.1996 to tke mesures within the frmework of n overll nd co-ordinted pproch to promote the effective ccess of persons who live or risk living in sitution of socil exclusion or poverty, s well s their fmilies, to, in prticulr, employment, housing, trining, eduction, culture nd socil nd medicl ssistnce; to review these mesures with view to their dpttion if necessry. Prt III Article 31 The right to housing With view to ensuring the effective exercise of the right to housing, the Prties undertke to tke mesures designed: 1 to promote ccess to housing of n dequte stndrd; 2 to prevent nd reduce homelessness with view to its grdul elimintion; 3 to mke the price of housing ccessile to those without dequte resources. Article A Undertkings 1 Suject to the provisions of Article B elow, ech of the Prties undertkes: c to consider Prt I of this Chrter s declrtion of the ims which it will pursue y ll pproprite mens, s stted in the introductory prgrph of tht prt; to consider itself ound y t lest six of the following nine rticles of Prt II of this Chrter: Articles 1, 5, 6, 7, 12, 13, 16, 19 nd 20; to consider itself ound y n dditionl numer of rticles or numered prgrphs of Prt II of the Chrter which it my select, provided tht the totl numer of rticles or numered prgrphs y which it is ound is not less thn sixteen rticles or sixty-three numered prgrphs. 2 The rticles or prgrphs selected in ccordnce with su-prgrphs nd c of prgrph 1 of this rticle shll e notified to the Secretry Generl of the Council of Europe t the time when the instrument of rtifiction, cceptnce or pprovl is deposited. 3 Any Prty my, t lter dte, declre y notifiction ddressed to the Secretry Generl tht it considers itself ound y ny rticles or ny numered prgrphs of Prt II of the Chrter which it hs not lredy ccepted under the terms of prgrph 1 of this rticle. Such undertkings susequently given shll e deemed to e n integrl prt of the rtifiction, cceptnce or pprovl nd shll hve the sme effect s from the first dy of the month following the expirtion of period of one month fter the dte of the notifiction. 4 Ech Prty shll mintin system of lour inspection pproprite to ntionl conditions.

18 18 ETS 163 Europen Socil Chrter (revised), 3.V.1996 Prt IV Prt V Article B Links with the Europen Socil Chrter nd the 1988 Additionl Protocol 1 No Contrcting Prty to the Europen Socil Chrter or Prty to the Additionl Protocol of 5 My 1988 my rtify, ccept or pprove this Chrter without considering itself ound y t lest the provisions corresponding to the provisions of the Europen Socil Chrter nd, where pproprite, of the Additionl Protocol, to which it ws ound. 2 Acceptnce of the oligtions of ny provision of this Chrter shll, from the dte of entry into force of those oligtions for the Prty concerned, result in the corresponding provision of the Europen Socil Chrter nd, where pproprite, of its Additionl Protocol of 1988 cesing to pply to the Prty concerned in the event of tht Prty eing ound y the first of those instruments or y oth instruments. Article C Supervision of the implementtion of the undertkings contined in this Chrter The implementtion of the legl oligtions contined in this Chrter shll e sumitted to the sme supervision s the Europen Socil Chrter. Article D Collective complints 1 The provisions of the Additionl Protocol to the Europen Socil Chrter providing for system of collective complints shll pply to the undertkings given in this Chrter for the Sttes which hve rtified the sid Protocol. 2 Any Stte which is not ound y the Additionl Protocol to the Europen Socil Chrter providing for system of collective complints my when depositing its instrument of rtifiction, cceptnce or pprovl of this Chrter or t ny time therefter, declre y notifiction ddressed to the Secretry Generl of the Council of Europe, tht it ccepts the supervision of its oligtions under this Chrter following the procedure provided for in the sid Protocol. Article E Non-discrimintion The enjoyment of the rights set forth in this Chrter shll e secured without discrimintion on ny ground such s rce, colour, sex, lnguge, religion, politicl or other opinion, ntionl extrction or socil origin, helth, ssocition with ntionl minority, irth or other sttus. Article F Derogtions in time of wr or pulic emergency 1 In time of wr or other pulic emergency thretening the life of the ntion ny Prty my tke mesures derogting from its oligtions under this Chrter to the extent strictly required y the exigencies of the sitution, provided tht such mesures re not inconsistent with its other oligtions under interntionl lw.

19 19 ETS 163 Europen Socil Chrter (revised), 3.V Any Prty which hs viled itself of this right of derogtion shll, within resonle lpse of time, keep the Secretry Generl of the Council of Europe fully informed of the mesures tken nd of the resons therefor. It shll likewise inform the Secretry Generl when such mesures hve cesed to operte nd the provisions of the Chrter which it hs ccepted re gin eing fully executed. Article G Restrictions 1 The rights nd principles set forth in Prt I when effectively relised, nd their effective exercise s provided for in Prt II, shll not e suject to ny restrictions or limittions not specified in those prts, except such s re prescried y lw nd re necessry in democrtic society for the protection of the rights nd freedoms of others or for the protection of pulic interest, ntionl security, pulic helth, or morls. 2 The restrictions permitted under this Chrter to the rights nd oligtions set forth herein shll not e pplied for ny purpose other thn tht for which they hve een prescried. Article H Reltions etween the Chrter nd domestic lw or interntionl greements The provisions of this Chrter shll not prejudice the provisions of domestic lw or of ny ilterl or multilterl treties, conventions or greements which re lredy in force, or my come into force, under which more fvourle tretment would e ccorded to the persons protected. Article I Implementtion of the undertkings given 1 Without prejudice to the methods of implementtion foreseen in these rticles the relevnt provisions of Articles 1 to 31 of Prt II of this Chrter shll e implemented y: c d lws or regultions; greements etween employers or employers orgnistions nd workers orgnistions; comintion of those two methods; other pproprite mens. 2 Complince with the undertkings deriving from the provisions of prgrphs 1, 2, 3, 4, 5 nd 7 of Article 2, prgrphs 4, 6 nd 7 of Article 7, prgrphs 1, 2, 3 nd 5 of Article 10 nd Articles 21 nd 22 of Prt II of this Chrter shll e regrded s effective if the provisions re pplied, in ccordnce with prgrph 1 of this rticle, to the gret mjority of the workers concerned. Article J Amendments 1 Any mendment to Prts I nd II of this Chrter with the purpose of extending the rights gurnteed in this Chrter s well s ny mendment to Prts III to VI, proposed y Prty or y the Governmentl Committee, shll e communicted to the Secretry Generl of the Council of Europe nd forwrded y the Secretry Generl to the Prties to this Chrter.

20 20 ETS 163 Europen Socil Chrter (revised), 3.V.1996 Prt VI 2 Any mendment proposed in ccordnce with the provisions of the preceding prgrph shll e exmined y the Governmentl Committee which shll sumit the text dopted to the Committee of Ministers for pprovl fter consulttion with the Prlimentry Assemly. After its pprovl y the Committee of Ministers this text shll e forwrded to the Prties for cceptnce. 3 Any mendment to Prt I nd to Prt II of this Chrter shll enter into force, in respect of those Prties which hve ccepted it, on the first dy of the month following the expirtion of period of one month fter the dte on which three Prties hve informed the Secretry Generl tht they hve ccepted it. In respect of ny Prty which susequently ccepts it, the mendment shll enter into force on the first dy of the month following the expirtion of period of one month fter the dte on which tht Prty hs informed the Secretry Generl of its cceptnce. 4 Any mendment to Prts III to VI of this Chrter shll enter into force on the first dy of the month following the expirtion of period of one month fter the dte on which ll Prties hve informed the Secretry Generl tht they hve ccepted it. Article K Signture, rtifiction nd entry into force 1 This Chrter shll e open for signture y the memer Sttes of the Council of Europe. It shll e suject to rtifiction, cceptnce or pprovl. Instruments of rtifiction, cceptnce or pprovl shll e deposited with the Secretry Generl of the Council of Europe. 2 This Chrter shll enter into force on the first dy of the month following the expirtion of period of one month fter the dte on which three memer Sttes of the Council of Europe hve expressed their consent to e ound y this Chrter in ccordnce with the preceding prgrph. 3 In respect of ny memer Stte which susequently expresses its consent to e ound y this Chrter, it shll enter into force on the first dy of the month following the expirtion of period of one month fter the dte of the deposit of the instrument of rtifiction, cceptnce or pprovl. Article L Territoril ppliction 1 This Chrter shll pply to the metropolitn territory of ech Prty. Ech signtory my, t the time of signture or of the deposit of its instrument of rtifiction, cceptnce or pprovl, specify, y declrtion ddressed to the Secretry Generl of the Council of Europe, the territory which shll e considered to e its metropolitn territory for this purpose. 2 Any signtory my, t the time of signture or of the deposit of its instrument of rtifiction, cceptnce or pprovl, or t ny time therefter, declre y notifiction ddressed to the Secretry Generl of the Council of Europe, tht the Chrter shll extend in whole or in prt to non-metropolitn territory or territories specified in the sid declrtion for whose interntionl reltions it is responsile or for which it ssumes interntionl responsiility. It shll specify in the declrtion the rticles or prgrphs of Prt II of the Chrter which it ccepts s inding in respect of the territories nmed in the declrtion.

21 21 ETS 163 Europen Socil Chrter (revised), 3.V The Chrter shll extend its ppliction to the territory or territories nmed in the foresid declrtion s from the first dy of the month following the expirtion of period of one month fter the dte of receipt of the notifiction of such declrtion y the Secretry Generl. 4 Any Prty my declre t lter dte y notifiction ddressed to the Secretry Generl of the Council of Europe tht, in respect of one or more of the territories to which the Chrter hs een pplied in ccordnce with prgrph 2 of this rticle, it ccepts s inding ny rticles or ny numered prgrphs which it hs not lredy ccepted in respect of tht territory or territories. Such undertkings susequently given shll e deemed to e n integrl prt of the originl declrtion in respect of the territory concerned, nd shll hve the sme effect s from the first dy of the month following the expirtion of period of one month fter the dte of receipt of such notifiction y the Secretry Generl. Article M Denuncition 1 Any Prty my denounce this Chrter only t the end of period of five yers from the dte on which the Chrter entered into force for it, or t the end of ny susequent period of two yers, nd in either cse fter giving six months notice to the Secretry Generl of the Council of Europe who shll inform the other Prties ccordingly. 2 Any Prty my, in ccordnce with the provisions set out in the preceding prgrph, denounce ny rticle or prgrph of Prt II of the Chrter ccepted y it provided tht the numer of rticles or prgrphs y which this Prty is ound shll never e less thn sixteen in the former cse nd sixty-three in the ltter nd tht this numer of rticles or prgrphs shll continue to include the rticles selected y the Prty mong those to which specil reference is mde in Article A, prgrph 1, su-prgrph. 3 Any Prty my denounce the present Chrter or ny of the rticles or prgrphs of Prt II of the Chrter under the conditions specified in prgrph 1 of this rticle in respect of ny territory to which the sid Chrter is pplicle, y virtue of declrtion mde in ccordnce with prgrph 2 of Article L. Article N Appendix The ppendix to this Chrter shll form n integrl prt of it. Article O Notifictions The Secretry Generl of the Council of Europe shll notify the memer Sttes of the Council nd the Director Generl of the Interntionl Lour Office of: ny signture; the deposit of ny instrument of rtifiction, cceptnce or pprovl; c ny dte of entry into force of this Chrter in ccordnce with Article K; d ny declrtion mde in ppliction of Articles A, prgrphs 2 nd 3, D, prgrphs 1 nd 2, F, prgrph 2, L, prgrphs 1, 2, 3 nd 4;

22 22 ETS 163 Europen Socil Chrter (revised), 3.V.1996 e ny mendment in ccordnce with Article J; f ny denuncition in ccordnce with Article M; g ny other ct, notifiction or communiction relting to this Chrter. In witness whereof, the undersigned, eing duly uthorised thereto, hve signed this revised Chrter. Done t Strsourg, this 3rd dy of My 1996, in English nd French, oth texts eing eqully uthentic, in single copy which shll e deposited in the rchives of the Council of Europe. The Secretry Generl of the Council of Europe shll trnsmit certified copies to ech memer Stte of the Council of Europe nd to the Director Generl of the Interntionl Lour Office.

23 23 ETS 163 Europen Socil Chrter (revised), 3.V.1996 Appendix to the Revised Europen Socil Chrter Scope of the Revised Europen Socil Chrter in terms of persons protected 1 Without prejudice to Article 12, prgrph 4, nd Article 13, prgrph 4, the persons covered y Articles 1 to 17 nd 20 to 31 include foreigners only in so fr s they re ntionls of other Prties lwfully resident or working regulrly within the territory of the Prty concerned, suject to the understnding tht these rticles re to e interpreted in the light of the provisions of Articles 18 nd 19. This interprettion would not prejudice the extension of similr fcilities to other persons y ny of the Prties. 2 Ech Prty will grnt to refugees s defined in the Convention relting to the Sttus of Refugees, signed in Genev on 28 July 1951 nd in the Protocol of 31 Jnury 1967, nd lwfully stying in its territory, tretment s fvourle s possile, nd in ny cse not less fvourle thn under the oligtions ccepted y the Prty under the sid convention nd under ny other existing interntionl instruments pplicle to those refugees. 3 Ech Prty will grnt to stteless persons s defined in the Convention on the Sttus of Stteless Persons done in New York on 28 Septemer 1954 nd lwfully stying in its territory, tretment s fvourle s possile nd in ny cse not less fvourle thn under the oligtions ccepted y the Prty under the sid instrument nd under ny other existing interntionl instruments pplicle to those stteless persons. Prt I, prgrph 18, nd Prt II, Article 18, prgrph 1 Prt II It is understood tht these provisions re not concerned with the question of entry into the territories of the Prties nd do not prejudice the provisions of the Europen Convention on Estlishment, signed in Pris on 13 Decemer Article 1, prgrph 2 This provision shll not e interpreted s prohiiting or uthorising ny union security cluse or prctice. Article 2, prgrph 6 Prties my provide tht this provision shll not pply: to workers hving contrct or employment reltionship with totl durtion not exceeding one month nd/or with working week not exceeding eight hours; where the contrct or employment reltionship is of csul nd/or specific nture, provided, in these cses, tht its non-ppliction is justified y ojective considertions.

24 24 ETS 163 Europen Socil Chrter (revised), 3.V.1996 Article 3, prgrph 4 It is understood tht for the purposes of this provision the functions, orgnistion nd conditions of opertion of these services shll e determined y ntionl lws or regultions, collective greements or other mens pproprite to ntionl conditions. Article 4, prgrph 4 This provision shll e so understood s not to prohiit immedite dismissl for ny serious offence. Article 4, prgrph 5 It is understood tht Prty my give the undertking required in this prgrph if the gret mjority of workers re not permitted to suffer deductions from wges either y lw or through collective greements or ritrtion wrds, the exceptions eing those persons not so covered. Article 6, prgrph 4 It is understood tht ech Prty my, insofr s it is concerned, regulte the exercise of the right to strike y lw, provided tht ny further restriction tht this might plce on the right cn e justified under the terms of Article G. Article 7, prgrph 2 This provision does not prevent Prties from providing in their legisltion tht young persons not hving reched the minimum ge lid down my perform work in so fr s it is solutely necessry for their voctionl trining where such work is crried out in ccordnce with conditions prescried y the competent uthority nd mesures re tken to protect the helth nd sfety of these young persons. Article 7, prgrph 8 It is understood tht Prty my give the undertking required in this prgrph if it fulfils the spirit of the undertking y providing y lw tht the gret mjority of persons under eighteen yers of ge shll not e employed in night work. Article 8, prgrph 2 This provision shll not e interpreted s lying down n solute prohiition. Exceptions could e mde, for instnce, in the following cses: c if n employed womn hs een guilty of misconduct which justifies reking off the employment reltionship; if the undertking concerned ceses to operte; if the period prescried in the employment contrct hs expired.