Community Charter of the Fundamental Social Rights of Workers (Social Charter)
Community Charter of the Fundamental Social Rights of Workers (Social Charter) : At the European Council of Strasbourg in December 1989, the heads of State and Governments of 11 Member States of the European Economic Community (without Great Britain) adopted a Community Charter of Fundamental Workers' Social Rights. This text is inspired by similar acts promulgated by other international organizations, such as the European Social Charter of the Council of Europe and the Conventions of the International Labour Organization. The Community Charter fixes the main points on which the European model of labour law is established, and more generally the respect of fundamental rights at the workplace. It establishes a series of social rights that will be guaranteed and put into practice by Member States or by the Commission, in accordance with their competencies. The Community Charter lists 12 principles: The right to practise all professions in the chosen country of the European Union (EU); the right to an equitable salary; the right to the improvement of living and working conditions; the right to social protection ensured by the system in force in the hosting country; the right to freedom of association and to collective bargaining; the right to professional training; the right to equality of treatment between men and women; the right to information, consultation and participation of workers; the right to protection of health and safety in the workplace; the right to the protection of young people; a guarantee of a minimal income for elderly people; The right to the professional and social integration of disabled people. The Charter represents a solemn declaration which fixes fundamental principles. The Charter is accompanied by a European Commission working programme containing some 47 initiatives. The action programme is aimed at translating the principles contained in the Charter into minimal norms and submitting them to the Council of Ministers. The action programme did not produce the expected results fixed by the Council of Strasbourg. Two years later, the heads of State and Government meeting in Luxembourg (June 1991) noted that the progress accomplished in the realization of the common market had not been accompanied by similar progress in the domain of social policy. It also underlined that the Community, the Member States and the social partners should play a role in the implementation of the Community Social Charter, according to their respective responsibilities. At the European Council of Amsterdam (July 1997), the 15 heads of State and Government decided to explicitly refer to the Charter in the Amsterdam Treaty. The Preamble of the Treaty of Amsterdam contains an expression of the deep concern of the 15 concerning "the fundamental social rights as defined in the European Social Charter signed in Turin, October 18, 1961, and in the Community Charter of the Fundamental Social Rights of Workers of 1989". In the same Treaty, Article 136 (formerly Article 117) on social policy states that the Community and the Member States, bearing in mind fundamental social rights such as those set out in the 1961 European Social Charter, and in the 1989 Community Charter of the Fundamental Social Rights of Workers, shall have as their objectives the promotion of employment and improved living and working conditions. This is to make their harmonization possible while maintaining improvement, proper social protection, dialogue between management and labour, development of human resources with a view to lasting high employment, and the combating of social and labour exclusion. See: Charter of Fundamental Rights of the European Union; Charter of Fundamental Social Rights of Workers
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