Andorra Targets Labour Law Gaps Before ICESCR Ratification

The Andorran government has identified several gaps in its labour laws that must be addressed ahead of ratifying the International Covenant on Economic, Social and Cultural Rights (ICESCR), signed on 23 September at the United Nations General Assembly.

Ratification now awaits approval by the Consell General, which has opened an amendment period after receiving the document from the executive. Accompanying reports from ministries, including one by Laura Vilella, director of the Employment and Labour Department, assess compliance with the covenant's standards. Officials describe Andorra's labour framework as modern and coherent, aligning broadly with requirements on work rights, fair conditions, union representation and maternity protection. However, proactive reforms are needed to avoid future recommendations from the UN Committee on Economic, Social and Cultural Rights, which will review periodic post-ratification reports.

Key areas for improvement centre on Article 8, covering union rights, collective bargaining and strikes. While the legal basis supports union freedom, collective representation has been historically limited. Reforms agreed by unions and employers are advancing to enable collective agreements and real participation mechanisms. Article 10.2, on maternity and childhood protection, sees strong existing safeguards and work-life balance measures, but officials call for extending leave—particularly paternity leave—with a related bill underway. Employment rules for minors also require review, as current provisions give labour authorities broad discretion in approving contracts, potentially lacking legal certainty.

Occupational health and safety largely complies, though major regulations are absent for wider environmental risks like biological or chemical hazards, physical agents, carcinogens, mutagens and emerging psychosocial issues such as workplace stress.

In parallel, the Unió Sindical d’Andorra (USdA) has criticised the Labour Inspectorate for failing to protect workers effectively. In a statement yesterday, union spokesperson Fernando Galindo said the service "is not exercising its function as guarantor of workers' rights." The USdA claims it routinely rejects employee complaints, or takes over 24 months to act when accepted, leaving workers without prior resolutions in court and without access to inspection details as non-parties to proceedings. It contrasts this with European practices, where labour administrations intervene promptly before judicial steps, without cost risks for losing workers or forced job loss in dismissal cases. The union also highlighted non-causal dismissals as enabling arbitrary terminations.

The Education Ministry affirms non-discriminatory access to free, compulsory schooling from ages six to 16, while the Culture Department points to constitutional guarantees and public policies for cultural participation. Foreign Affairs notes that reports will cover implementation, measures taken and challenges, allowing responses to committee recommendations.