eu-charter

Charte des droits fondamentaux de l'Union européenne

Article 31 - Conditions de travail justes et équitables

Article 31 - Conditions de travail justes et équitables

1. Tout travailleur a droit à des conditions de travail qui respectent sa santé, sa sécurité et sa dignité.
2. Tout travailleur a droit à une limitation de la durée maximale du travail et à des périodes de repos journalier et hebdomadaire, ainsi qu'à une période annuelle de congés payés.

    • Texte:

      1. Le paragraphe 1 de cet article se fonde sur la directive 89/391/CEE concernant la mise en œuvre de mesures visant à promouvoir l'amélioration de la sécurité et de la santé des travailleurs au travail. Il s'inspire également de l'article 3 de la Charte sociale et du point 19 de la Charte communautaire des droits des travailleurs ainsi que, pour ce qui concerne le droit à la dignité dans le travail, de l'article 26 de la Charte sociale révisée. L'expression `conditions de travail` doit être entendue au sens de l'article 156 du traité sur le fonctionnement de l'Union européenne.

      2. Le paragraphe 2 se fonde sur la directive 93/104/CE concernant certains aspects de l'aménagement du temps de travail, ainsi que sur l'article 2 de la Charte sociale européenne et sur le point 8 de la Charte communautaire des droits des travailleurs.

      Source:
      Journal officiel de l'Union européenne C 303/17 - 14.12.2007
      Preamble - Explanations relating to the Charter of Fundamental Rights:
      Les explications qui figurent ci-après ont été établies initialement sous la responsabilité du praesidium de la Convention qui a élaboré la Charte des droits fondamentaux de l'Union européenne. Elles ont été mises à jour sous la responsabilité du praesidium de la Convention européenne, compte tenu des adaptations apportées au texte de la Charte par ladite Convention (notamment aux articles 51 et 52) et de l'évolution du droit de l'Union. Bien que ces explications n'aient pas en soi de valeur juridique, elles constituent un outil d'interprétation précieux destiné à éclairer les dispositions de la Charte.
    • Ministero della Giustizia v NZ
      Decision date:
      Deciding body type:
      Court of Justice of the European Union
      Deciding body:
      Type:
      Decision
      Policy area:
      ECLI (European case law identifier):
      ECLI:EU:C:2025:660
    • HJ v US and MU
      Decision date:
      Deciding body type:
      Court of Justice of the European Union
      Deciding body:
      Type:
      Decision
      Policy area:
      Employment and social policy
      ECLI (European case law identifier):
      ECLI:EU:C:2024:1050
    • Criminal proceedings against MG
      Decision date:
      Deciding body type:
      Court of Justice of the European Union
      Deciding body:
      Court (First Chamber)
      Type:
      Opinion
      Policy area:
      Employment and social policy
      ECLI (European case law identifier):
      ECLI:EU:C:2024:788
    • Private party v L’Aquila Court of Appeals
      Decision date:
      Deciding body type:
      National Court/Tribunal
      Deciding body:
      Type:
      Policy area:
      ECLI (European case law identifier):
    • A et al v the City of Tallinn
      Decision date:
      Deciding body type:
      National Court/Tribunal
      Deciding body:
      Estonian Supreme Court
      Type:
      Policy area:
      ECLI (European case law identifier):
    • Constitutional referral made by Algernon Impex - S.R.L.
      Decision date:
      Deciding body type:
      National Court/Tribunal
      Deciding body:
      Constitutional Court
      Type:
      Decision
      Policy area:
      Employment and social policy
      ECLI (European case law identifier):
    • Person 1 v. Public Limited Liability Company 2
      Decision date:
      Deciding body type:
      National Court/Tribunal
      Deciding body:
      Court of Appeal of the Grand-Duchy of Luxembourg, Eighth Chamber
      Type:
      Policy area:
      ECLI (European case law identifier):
    • BU v Comune di Copertino
      Decision date:
      Deciding body type:
      Court of Justice of the European Union
      Deciding body:
      Type:
      Decision
      Policy area:
      Employment and social policy
      ECLI (European case law identifier):
      ECLI:EU:C:2024:51
    • TF v Sparkasse Südpfalz
      Decision date:
      Deciding body type:
      Court of Justice of the European Union
      Deciding body:
      Type:
      Decision
      Policy area:
      Employment and social policy
      ECLI (European case law identifier):
      ECLI:EU:C:2023:984
    • Dispute between a company and several of its employees
      Decision date:
      Deciding body type:
      National Court/Tribunal
      Deciding body:
      Court of Cassation
      Type:
      Decision
      Policy area:
      ECLI (European case law identifier):

    0 results found

    11 results found

    • Directive (EU) 2024/2831 of the European Parliament and of the Council of 23 October 2024 on improving working conditions in platform work

      Preamble 


      (2) Article 31 of the Charter of Fundamental Rights of the European Union (the ‘Charter’) provides for the right of every worker to fair and just working conditions which respect his or her health, safety and dignity. Article 27 of the Charter protects the workers’ right to information and consultation within the undertaking. Article 8 of the Charter provides that everyone has the right to the protection of personal data concerning him or her. Article 12 of the Charter provides that everyone has the right to freedom of assembly and of association at all levels. Article 16 of the Charter recognises the freedom to conduct a business. Article 21 of the Charter prohibits discrimination.

      Article 7: Limitations on the processing of personal data by means of automated monitoring systems or automated decision-making systems

      1.   Digital labour platforms shall not, by means of automated monitoring systems or automated decision-making systems:

      (a) process any personal data on the emotional or psychological state of a person performing platform work;

      (b) process any personal data in relation to private conversations, including exchanges with other persons performing platform work and the representatives of persons performing platform work;

      (c) collect any personal data of a person performing platform work while that person is not offering or performing platform work;

      (d) process personal data to predict the exercise of fundamental rights, including the freedom of association, the right of collective bargaining and action or the right to information and consultation as laid down in the Charter;

      (e) process any personal data to infer the racial or ethnic origin, migration status, political opinions, religious or philosophical beliefs, disability, state of health, including chronic disease or HIV status, emotional or psychological state, trade union membership, sex life or sexual orientation;

      (f) process any biometric data, as defined in Article 4, point (14), of Regulation (EU) 2016/679, of a person performing platform work to establish that person’s identity by comparing that data to stored biometric data of natural persons in a database.

    • Community Charter of the Fundamental Social Rights of Workers (not in force)

      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 harmonized' in accordance with national practices.

    • 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

      .

    • Community Charter of the Fundamental Social Rights of Workers (not in force)

      Health protection and safety at the
      workplace
      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.

    • Treaty on the Functioning of the European Union

      Article 156

      (ex Article 140 TEC)

      With a view to achieving the objectives of Article 151 and without prejudice to the other provisions of the Treaties, the Commission shall encourage cooperation between the Member States and facilitate the coordination of their action in all social policy fields under this Chapter, particularly in matters relating to:

      - employment,

      - labour law and working conditions,

      - basic and advanced vocational training,

      - social security,

      - prevention of occupational accidents and diseases,

      - occupational hygiene,

      - the right of association and collective bargaining between employers and workers.

      To this end, the Commission shall act in close contact with Member States by making studies, delivering opinions and arranging consultations both on problems arising at national level and on those of concern to international organisations, in particular initiatives aiming at the establishment of guidelines and indicators, the organisation of exchange of best practice, and the preparation of the necessary elements for periodic monitoring and evaluation. The European Parliament shall be kept fully informed.

      Before delivering the opinions provided for in this Article, the Commission shall consult the Economic and Social Committee.

    • Council Directive of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (89/391/EEC)

      .

    • Directive (EU) 2019/1152 of the European Parliament and of the Council of 20 June 2019 on transparent and predictable working conditions in the European Union

      .

    • Consolidated version of the Treaty on the Functioning of the European Union

      Article 153 (ex Article 137 TEC)

      1. With a view to achieving the objectives of Article 151, the Union shall support and complement the activities of the Member States in the following fields:

      (a) improvement in particular of the working environment to protect workers' health and safety;

      (b) working conditions;

      (c) social security and social protection of workers;

      (d) protection of workers where their employment contract is terminated;

      (e) the information and consultation of workers;

      (f) representation and collective defence of the interests of workers and employers, including co-determination, subject to paragraph 5;

      (g) conditions of employment for third-country nationals legally residing in Union territory;

      (h) the integration of persons excluded from the labour market, without prejudice to Article 166;

      (i) equality between men and women with regard to labour market opportunities and treatment at work;

      (j) the combating of social exclusion;

      (k) the modernisation of social protection systems without prejudice to point (c).

      2. To this end, the European Parliament and the Council:

      (a) may adopt measures designed to encourage cooperation between Member States through initiatives aimed at improving knowledge, developing exchanges of information and best practices, promoting innovative approaches and evaluating experiences, excluding any harmonisation of the laws and regulations of the Member States;

      (b) may adopt, in the fields referred to in paragraph 1(a) to (i), by means of directives, minimum requirements for gradual implementation, having regard to the conditions and technical rules obtaining in each of the Member States. Such directives shall avoid imposing administrative, financial and legal constraints in a way which would hold back the creation and development of small and medium-sized undertakings. The European Parliament and the Council shall act in accordance with the ordinary legislative procedure after consulting the Economic and Social Committee and the Committee of the Regions.

      In the fields referred to in paragraph 1(c), (d), (f) and (g), the Council shall act unanimously, in accordance with a special legislative procedure, after consulting the European Parliament and the said Committees.

      The Council, acting unanimously on a proposal from the Commission, after consulting the European Parliament, may decide to render the ordinary legislative procedure applicable to paragraph 1(d), (f) and (g).

      3. A Member State may entrust management and labour, at their joint request, with the implementation of directives adopted pursuant to paragraph 2, or, where appropriate, with the implementation of a Council decision adopted in accordance with Article 155.

      In this case, it shall ensure that, no later than the date on which a directive or a decision must be transposed or implemented, management and labour have introduced the necessary measures by agreement, the Member State concerned being required to take any necessary measure enabling it at any time to be in a position to guarantee the results imposed by that directive or that decision.

      4. The provisions adopted pursuant to this Article:

      - shall not affect the right of Member States to define the fundamental principles of their social security systems and must not significantly affect the financial equilibrium thereof,

      - shall not prevent any Member State from maintaining or introducing more stringent protective measures compatible with the Treaties.

      5. The provisions of this Article shall not apply to pay, the right of association, the right to strike or the right to impose lock-outs.

    • Consolidated version of the Treaty on the Functioning of the European Union

      Article 156 (ex Article 140 TEC)

      With a view to achieving the objectives of Article 151 and without prejudice to the other provisions of the Treaties, the Commission shall encourage cooperation between the Member States and facilitate the coordination of their action in all social policy fields under this Chapter, particularly in matters relating to:

      - employment,

      - labour law and working conditions,

      - basic and advanced vocational training,

      - social security,

      - prevention of occupational accidents and diseases,

      - occupational hygiene,

      - the right of association and collective bargaining between employers and workers.

      To this end, the Commission shall act in close contact with Member States by making studies, delivering opinions and arranging consultations both on problems arising at national level and on those of concern to international organisations, in particular initiatives aiming at the establishment of guidelines and indicators, the organisation of exchange of best practice, and the preparation of the necessary elements for periodic monitoring and evaluation. The European Parliament shall be kept fully informed.

      Before delivering the opinions provided for in this Article, the Commission shall consult the Economic and Social Committee.

    • Directive (EU) 2022/2041 of the European Parliament and of the Council of 19 October 2022 on adequate minimum wages in the European Union

      [...]

      (3) Article 31 of the Charter of Fundamental Rights of the European Union (4) (the ‘Charter’) provides for the right of every worker to working conditions which respect his or her health, safety and dignity. Article 27 of the Charter provides for the right of workers to information and consultation. Article 28 of the Charter provides for the right of workers and employers, or their respective organisations, in accordance with Union law and national laws and practices, to negotiate and conclude collective agreements at the appropriate levels. Article 23 of the Charter provides for the right to equality between women and men in all areas, including employment, work and pay.

      [...]

    1 results found

    • R204 - Transition from the Informal to the Formal Economy Recommendation, 2015 (No. 204)

      V. Rights and social protection
      ‘17. Members should:
      (a) take immediate measures to address the unsafe and unhealthy working conditions that often characterize work in the informal economy; and
      (b) promote and extend occupational safety and health protection to employers and workers in the informal economy.
      18. Through the transition to the formal economy, Members should progressively extend, in law and practice, to all workers in the informal economy, social security, maternity protection, decent working conditions and a minimum wage that takes into account the needs of workers and considers relevant factors, including but not limited to the cost of living and the general level of wages in their country.
      19. In building and maintaining national social protection floors within their social security system and facilitating the transition to the formal economy, Members should pay particular attention to the needs and circumstances of those in the informal economy and their families.
      20. Through the transition to the formal economy, Members should progressively extend the coverage of social insurance to those in the informal economy and, if necessary, adapt administrative procedures, benefits and contributions, taking into account their contributory capacity.
      21. Members should encourage the provision of and access to affordable quality childcare and other care services in order to promote gender equality in entrepreneurship and employment opportunities and to enable the transition to the formal economy.‘