Abstract Purpose. The research was undertaken to estimate the perspectives of wage claims under the ECHR and investigate whether the provisions of the Convention might be referred to in the claim for decent wage. Design/methodology/approach. The paper investigated the approach of the European Court of Human Rights to wage claims (non-payment, reduction or deductions from wages), considering relevant case law under the article 1 of Protocol 1(property rights) and article 3 (degrading treatment) of the ECHR. Findings. The Court perceives salary as a payment which is protected under Article 1 of the Protocol 1. Such approach entitles employees to bring claims on the lack of payment before the ECtHR, as well as claims on the reduction of wages or excessive deductions. It was also established that the ECHR contains certain prerequisites for a potential claim concerning an employee’s right to decent wage.
Potential of the European Convention on Human Rights in the field of Wage Protection
Elena Sychenko
2017-01-01
Abstract
Abstract Purpose. The research was undertaken to estimate the perspectives of wage claims under the ECHR and investigate whether the provisions of the Convention might be referred to in the claim for decent wage. Design/methodology/approach. The paper investigated the approach of the European Court of Human Rights to wage claims (non-payment, reduction or deductions from wages), considering relevant case law under the article 1 of Protocol 1(property rights) and article 3 (degrading treatment) of the ECHR. Findings. The Court perceives salary as a payment which is protected under Article 1 of the Protocol 1. Such approach entitles employees to bring claims on the lack of payment before the ECtHR, as well as claims on the reduction of wages or excessive deductions. It was also established that the ECHR contains certain prerequisites for a potential claim concerning an employee’s right to decent wage.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.

