Processed complaints
The complaint registered on 29 April 2014, relates to Article 24 (right to protection in cases of termination of employment) of the Revised European Social Charter. The complainant organisation alleges that, in case of unlawful dismissal, the Finnish legislation does not provide any possibility to reinstatement and requires the dismissal indemnity to be capped, in breach of the above mentioned provision.
- Case Document no. 1, Complaint registered on 29 April 2014
- Case Document no. 2, Submissions by the Government on admissibility and the merits
- Case Document no. 3, Observations by the European Trade Union Confederation (ETUC)
- Case Document no. 4, Observations by the International Organisation of Employers (IOE)
- Case Document no. 5, Response from the Organisation to the Government's submissions on admissibility and the merits
- Case Document n. 6, Response of the Finnish Society of Social Rights to the Government’s submissions
The European Committee of Social Rights adopted its decision on admissibility and the merits on 8 December 2016.
In its decision on admissibility and the merits, the Committee:
- unanimously declares the complaint admissible,
and concludes:
- by 7 votes to 4, that there is a violation of Article 24 of the Charter, on the issue of compensation;
- unanimously, that there is a violation of Article 24 of the Charter on the issue of reinstatement.
Decision on admissibiity and the merits of the Complaint 106/2014
Resolution ResChS(2017)7 of the Committee of Ministers on 14 June 2017
Department of Social Rights
Directorate General of Human Rights and Rule of Law
Council of Europe
1, quai Jacoutot
F – 67075 Strasbourg Cedex
Tél. +33 (0)3 90 21 49 61
www.coe.int/socialcharter