Potential of the European Convention on Human Rights in the field of Wage Protection

Elena Sychenko


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.
Research limitations/implications. The paper contributes to the discussion about the impact of international human rights instruments upon labour law.
Originality/value. The author draws attention to the potential applicability of the ECHR in cases of wage protection, concerning the right to decent wage in particular.
Paper type. Research paper.

Keywords: Labour Law, European Court of Human Rights, Decent Wage,  Human Rights.