Update 30 June 2025
The decision of the European Committee of Social Rights (ECSR) on the merits in Confederación Sindical de Comisiones Obreras (CCOO) v. Spain, Complaint No. 218/2022, became public on 27 June 2025.
In its decision on the merits, the ECSR concluded:
- unanimously that there is a violation of Article 24.b of the Charter with regard to compensation for unfair dismissal;
- unanimously that there is a violation of Article 24.b of the Charter with regard to reinstatement;
- unanimously that there is a violation of Article 24.b of the Charter with regard to compensation for unfair dismissal of temporary workers hired in fraud of law.
More information can be found here and in the attached document ("final judgment").
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The complaint was registered on 18 November 2022.
The Confederación Sindical de Comisiones Obreras (CCOO) has lodged a complaint against Spain, alleging the violation of articles 24 b. (right to protection in cases of termination of employment). The case has been declared admissible.
The CCOO trade union confederation alleges that the situation in Spain constitutes a violation 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, in the absence of compensation for the damage effectively sustained.
The full text of the complaint can be found here (in Spanish).
The ETUC has submitted a III party intervention in support of Spanish trade union Confederación Sindical de Comisiones Obreras (CCOO)'s collective complaint against Italy on the right to strike. The text of the intervention is annexed below.
For more information on the collective complaints system, see here.
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