Andorra's At-Will Dismissals Risk Council of Europe Criticism on Worker Protections

Andorra's Employment and Labour Department has warned that the country's at-will dismissal system could draw criticism from the Council of Europe as it moves to lift a long-standing reservation on Article 28 of the Revised European Social Charter.

The charter, which Andorra signed in 2000 and which entered into force in full on 1 January 2005, requires signatory states to protect elected worker representatives from dismissal or other prejudicial actions linked to their roles. It also mandates facilities to enable them to perform their duties effectively, tailored to national industrial relations and company needs.

The government is now seeking approval from the Consell General to accept this article, following encouragement from the European Committee of Social Rights. The committee noted recent labour law advances and suggested Andorra could comply immediately. An internal report by department director Laura Vilella, submitted with the request, analyses these changes and deems them sufficient overall.

Key reforms include the 2018 Labour Relations Law (Article 111), which provides specific protections for employee delegates and works council members. These cover safeguards against dismissal during their term—extendable up to two years afterwards—along with scheduling flexibility. The Law on Equal Treatment and Non-Discrimination further voids discriminatory dismissals. A pending parliamentary bill, agreed by unions and employers, would extend protection to election candidates for six months post-vote.

Despite these measures, the report flags a potential issue: Andorra's "non-causal dismissal" regime. "It should be borne in mind that the existence of at-will dismissal could eventually come under consideration by the committee and lead to an unfavourable assessment regarding compliance with this article," it states.

Such evaluations are rigorous. In the latest review, published in January, Andorra failed to meet standards on six of seven articles examined. The Council of Europe experts will assess Article 28's implementation in future years.