Finnish Society of Social Rights v. Finland

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.

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.