registered on 27 June 2012.
It concerns the freedom of association (Article 5 of the Charter) and the right to bargain collectively including the right to take collective action (Article 6 of the Charter).
The complainant trade unions allege that following the ECJ judgment in the Laval case (C-341/05), subsequent amendments to Swedish legislation have restricted the rights to freedom of association and collective bargaining.
The European Committee of Social Rights noted:
- The absence of promotion, concerning posted workers, of suitable machinery for voluntary negotiations between employers and workers’ organisations with a view to the regulation of conditions of employment by means of collective agreements.
- Disproportionate restrictions on the right of trade unions to take collective action in order to regulate employment terms of posted workers. Inadequate recognition of the fundamental right to collective action.
- As regards remuneration and other working conditions, that treatment of posted workers not less favourable than that of Swedish workers with permanent employment contracts is not secured.
- As regards the enjoyment of the benefits of collective bargaining, that treatment of foreign posted workers lawfully within the territory not less favourable than that of Swedish workers is not secured.
In its decision, the European Committee of Social Rights:
Unanimously declares the complaint admissible and concludes
- By 13 votes to 1, that there is a violation of Article 6§2 of the Charter
- By 13 votes to 1, that there is a violation of Article 6§4 of the Charter
- Unanimously, that there is a violation of Article 19§4 a of the Charter
- Unanimously, that there is a violation of Article 19§4 b of the Charter.
On 5 February 2014 the Committee of Ministers adopted
Resolution CM/ResChS(2014)1concerning the follow-up to this
Decision on admissibility and the merits No. 85/2012
of the decision on admissibility and the merits