Processed complaints
The complaint was registered on 31 January 2019. It relates to Article 24 (the right to protection in case of dismissal) of the Revised European Social Charter. The union CFDT de la métallurgie de la Meuse alleges that the provisions of the Law of 13 July 1973 and the Order No. 2017-1387 of 22 September 2017, as inserted in paragraphs 1 and 2 of Article L 1235-3 of the Labour Code, are in breach of Article 24 of the Charter both on the issue of the adequate compensation in case of unfair dismissal and on the issue of the right to reinstatement.
Case Document No. 1, Complaint registered on 31 January 2019
Case Document No. 2, Observations by the Government on admissibility (French only)
Case Document No. 3, Response from the complainant trade union to the Government's observations on admissibility (French only)
Case Document No. 4, Further response by the Government on admissibility (French only)
Case Document No. 5, Government's submissions on the merits (French only)
The European Committee of Social Rights declared the complaint admissible on 28 January 2020.
Decision on admissibility of Complaint No. 175/2019
Decision on the merits of Complaint No. 175/2019
Recommendation CM/RecChS(2023)3 adopted by the Committee of Ministers on 6 September 2023
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