- 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 - 14.12.2007Preamble - 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.
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.
CHARTERPEDIA RESOURCES
Explications
Références à la jurisprudence
- P.R.S v Registry AgencyDecision date:
- Williams and Others v British Airways plcDecision date:
- The Queen v Secretary of State for Trade and Industry, ex parte Broadcasting, Entertainment, Cinematographic and Theatre Union (BECTU)Decision date:
- Sähköalojen ammattiliitto ry v Elektrobudowa Spółka AkcyjnaDecision date:
- Réexamen Commission v StrackDecision date:
- Alexander Heimann, Konstantin Toltschin v Kaiser GmbHDecision date:
- Criminal proceedings against MGDecision date:
- Ministerul Justiţiei and Tribunalul Botoşani v Maria Dicu.Decision date:
- Ministerul Justiţiei and Tribunalul Botoşani v Maria Dicu.Decision date:
- Sindicatul Familia Constanţa and Others v Direcţia Generală de Asistenţă Socială şi Protecţia Copilului ConstanţaDecision date:
Droit constitutionnel national
45 results found
- A Magyar Köztársaság AlkotmányaPays:Hungary
70/B §(…) (2) Az egyenlő munkáért mindenkinek, bármilyen megkülönböztetés nélkül, egyenlő bérhez van joga.(3) Minden dolgozónak joga van olyan jövedelemhez, amely megfelel végzett munkája mennyiségének és minőségének.(4) Mindenkinek joga van a pihenéshez, a szabadidőhöz és a rendszeres fizetett szabadsághoz. 70/D §(…) (2) Ezt a jogot a Magyar Köztársaság a munkavédelem, az egészségügyi intézmények és az orvosi ellátás megszervezésével, a rendszeres testedzés biztosításával, valamint az épített és a természetes környezet védelmével valósítja meg.
- Appendice D – Part II – Fundamental rights and freedomsURL:Appendice D – Part II – Fundamental rights and freedomsPays:Cyprus
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.
- Code du TravailURL:Pays:France
- Consolidation Danish Working Environment Act 2005Pays:Denmark
Part 1 - Objective and scope1. The provisions of this Act shall have effect with a view to creating: (a) a safe and healthy working environment which shall at any time be in accordance with the technical and social development of society, and (b) the basis on which the enterprises themselves will be able to solve questions relating to safety and health under the guidance of the employers' and workers' organisations, and under the guidance and supervision of the Danish Working Environment Authority.
- Constitution of FinlandPays:Finland
Section 18 The right to work and the freedom to engage in commercial activity Everyone has the right, as provided by an Act, to earn his or her livelihood by the employment, occupation or commercial activity of his or her choice. The public authorities shall take responsibility for the protection of the labour force. (...)
- Constitution of IrelandPays:Ireland
Article 45.4.2. 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 MaltaPays: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 16The State shall provide for safeguarding the labour of minors and assure to them the right to equal pay for equal work.
- Constitution of the Hellenic RepublicPays:Greece
Article 22 (1). Work constitutes a right and shall enjoy the protection of the State, which shall care for the creation of conditions of employment for all citizens and shall pursue the moral and material advancement of the rural and urban working population. [...]
- Constitution of the Italian RepublicPays:Italy
Art. 36. Workers have the right to a remuneration commensurate to the quantity and quality of their work and in any case such as to ensure them and their families a free and dignified existence. Maximum daily working hours are established by law. Workers have the right to a weekly rest day and paid annual holidays. They cannot waive this right.
- Constitution of the Republic of BulgariaPays:Bulgaria
Art. 16 Labour shall be guaranteed and protected by law. Art. 48 [...] (5) Workers and employees shall be entitled to healthy and non-hazardous working conditions, to guaranteed minimum pay and remuneration for the actual work performed, and to rest and leave, in accordance with conditions and procedures established by law.
- Constitution of the Republic of CroatiaPays:Croatia
Article 56
Each employee shall be entitled to remuneration enabling him/her to ensure a free and suitable life for himself/herself and his/her family.
Maximum working hours shall be regulated by law.
Each employee shall be entitled to a weekly rest and annual holidays with pay, and shall never waive these rights.
Employees may, in conformity with law, participate in decision-making in their places of employment. - Constitution of the Republic of EstoniaPays:Estonia
Article 29. (…) Working conditions are overseen by the national government. (…)
- Constitution of the Republic of HungaryPays: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 the Republic of LatviaPays:Latvia
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 LithuaniaPays:Lithuania
Article 48. Everyone may freely choose a job or business, and shall have the right to have proper, safe, and healthy conditions at work, as well as to receive fair 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 labour shall be prohibited. Article 49. Every working person shall have the right to rest and leisure, as well as to annual paid leave. The length of working time shall be established by law.
- Constitution of the Republic of PolandPays:Poland
Article 24Work 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 661. 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 Republic of PolandPays:Poland
Article 24Work 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 661. 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.
- Costituzione della Repubblica ItalianaPays:Italy
Art. 36. Il lavoratore ha diritto ad una retribuzione proporzionata alla quantità e qualità del suo lavoro e in ogni caso sufficiente ad assicurare a sé e alla famiglia un'esistenza libera e dignitosa.La durata massima della giornata lavorativa è stabilita dalla legge.Il lavoratore ha diritto al riposo settimanale e a ferie annuali retribuite, e non può rinunziarvi.
- Czechia / Charter of Fundamental Rights and FreedomsPays:Czechia
Article 28 Employees have the right to fair remuneration for their work and to satisfactory work conditions. Detailed provisions shall be set by law. Article 29 (1) Women, adolescents, and persons with health problems have the right to increased protection of their health at work and to special work conditions. (2) Adolescents and persons with health problems have the right to special protection in labour relations and to assistance in vocational training. (3) Detailed provisions shall be set by law.
- Danmarks Riges GrundlovPays:Denmark
§ 75. Stk. 1. Til fremme af almenvellet bør det tilstræbes, at enhver arbejdsduelig borger har mulighed for arbejde på vilkår, der betrygger hans tilværelse.
Droit de l'UE
11 results found
- Directive 2014/36/EU of the European Parliament and of the Council of 26 February 2014 on the conditions of entry and stay of third-country nationals for the purpose of employment as seasonal workers
Preamble
‘(46) Third-country national seasonal workers should be granted equal treatment in respect of those branches of social security listed in Article 3 of Regulation (EC) No 883/2004 of the European Parliament and of the Council (13). This Directive does not harmonise the social security legislation of Member States and does not cover social assistance. It is limited to applying the principle of equal treatment in the field of social security to the persons falling within its scope. This Directive should not confer more rights than those already provided in existing Union legislation in the field of social security for third-country nationals who have cross-border interests between Member States.
Due to the temporary nature of the stay of seasonal workers and without prejudice to Regulation (EU) No 1231/2010 of the European Parliament and of the Council (14), Member States should be able to exclude family benefits and unemployment benefits from equal treatment between seasonal workers and their own nationals and should be able to limit the application of equal treatment in relation to education and vocational training, as well as tax benefits.
This Directive does not provide for family reunification. Furthermore, this Directive does not grant rights in relation to situations which lie outside the scope of Union law such as, for example, situations where family members reside in a third country. That should not, however, affect the right of survivors who derive rights from the seasonal worker to receive survivor’s pensions when residing in a third country. This should be without prejudice to the non-discriminatory application by Member States of national law providing for de minimis rules on contributions to pension systems. Mechanisms should be in place in order to ensure effective social security coverage during the stay and the exporting of acquired rights of the seasonal workers, where applicable.
(47) Union law does not limit the power of the Member States to organise their social security schemes. In the absence of harmonisation at Union level, it is for each Member State to lay down the conditions under which social security benefits are granted, as well as the amount of such benefits and the period for which they are granted. However, when exercising that power, Member States should comply with Union law.‘(52) This Directive respects the fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union, in particular, Articles 7, 15(3), 17, 27, 28, 31 and 33(2) thereof, in accordance with Article 6 TEU
Article 23 - Right to equal treatment
‘1. Seasonal workers shall be entitled to equal treatment with nationals of the host Member State at least with regard to:
(a) terms of employment, including the minimum working age, and working conditions, including pay and dismissal, working hours, leave and holidays, as well as health and safety requirements at the workplace;
(b) the right to strike and take industrial action, in accordance with the host Member State’s national law and practice, and freedom of association and affiliation and membership of an organisation representing workers or of any organisation whose members are engaged in a specific occupation, including the rights and benefits conferred by such organisations, including the right to negotiate and conclude collective agreements, without prejudice to the national provisions on public policy and public security;
(c) back payments to be made by the employers, concerning any outstanding remuneration to the third-country national;
(d) branches of social security, as defined in Article 3 of Regulation (EC) No 883/2004;
(e) access to goods and services and the supply of goods and services made available to the public, except housing, without prejudice to the freedom of contract in accordance with Union and national law;
(f) advice services on seasonal work afforded by employment offices;
(g) education and vocational training;
(h) recognition of diplomas, certificates and other professional qualifications in accordance with the relevant national procedures;
(i) tax benefits, in so far as the seasonal worker is deemed to be resident for tax purposes in the Member State concerned.
Seasonal workers moving to a third country, or the survivors of such seasonal workers residing in a third-country deriving rights from the seasonal worker, shall receive statutory pensions based on the seasonal worker’s previous employment and acquired in accordance with the legislation set out in Article 3 of Regulation (EC) No 883/2004, under the same conditions and at the same rates as the nationals of the Member States concerned when they move to a third country.
2. Member States may restrict equal treatment:
(i) under point (d) of the first subparagraph of paragraph 1 by excluding family benefits and unemployment benefits, without prejudice to Regulation (EU) No 1231/2010;
(ii) under point (g) of the first subparagraph of paragraph 1 by limiting its application to education and vocational training which is directly linked to the specific employment activity and by excluding study and maintenance grants and loans or other grants and loans;
(iii) under point (i) of the first subparagraph of paragraph 1 with respect to tax benefits by limiting its application to cases where the registered or usual place of residence of the family members of the seasonal worker for whom he/she claims benefits, lies in the territory of the Member State concerned.
3. The right to equal treatment provided for in paragraph 1 shall be without prejudice to the right of the Member State to withdraw or to refuse to extend or renew the authorisation for the purpose of seasonal work in accordance with Articles 9 and 15.‘
Droit international
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.‘