Social Rights

The decisions of the European Committee of Social Rights on admissibility and the merits of the complaints Finnish Society of Social Rights v. Finland, No. 106/2014 and No. 107/2014, became public on 31 January 2017.

Decision adopted in the complaint Finnish Society of Social Rights v. Finland, No. 106/2014:

In this case, the Finnish Society for Social Rights alleged that the situation in Finland is in breach of Article 24 (right to protection in cases of termination of employment) of the Revised European Social Charter on the grounds that Finnish legislation makes no provision for reinstatement in the event of unlawful dismissal and that the Employment Contracts Act provides for a ceiling on the amount of compensation that may be awarded in the event of unlawful dismissal.

In its decision the Committee concluded:

• 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.

The upper limit to compensation provided for by the Employment Contracts Act may result in situations where compensation awarded is not commensurate with the loss suffered.

The obligation provided for by the legislation to re-employ employees made redundant for financial or production-related reasons should an employer recrut employees during the following nine months cannot be regarded as a substitute for reinstatement as it has a limited scope of application.

Decision adopted in the complaint Finnish Society of Social Rights v. Finland, No. 107/2014:

In this case, the Finnish Society for Social Rights alleged alleged that the situation in Finland is in breach of Article 24 (right to protection in cases of termination of employment) of the Charter on the ground that employees may be dismissed in circumstances which go beyond those permitted by Article 24 of the Charter.

In its decision the Committee concluded:

• unanimously that there is no violation of Article 24 of the Charter.

In Finland the courts decide whether the necessary conditions for a dismissal to be lawful have been satisfied. The situation in Finland has previously been found to be in conformity with Article 24 of the Charter in this respect (Conclusions 2012). The Finnish Society of Social Rights has not adduced any new elements which would lead to the previous assessment of the situation being altered.