Collective complaint against the Netherlands based on the Additional Protocol to the European Social Charter declared admissable

The complaint was registered on 12 July 2021. It concerns Article 6§4 (the right to bargain collectively) as well as Article G (restrictions) in conjunction with Article 6§4 of the revised European Social Charter. ETUC, FNV and CNV allege that the manner in which Dutch higher and lower courts impose restrictions on collective actions is not in conformity with the Charter. The complainant organisations further argue that the right to collective action is not regulated by legislation in the Netherlands and is based on the courts case law, with the result that practice in the Netherlands does not comply with the Charter.

The full complaint can be downloaded here.

For further information please visit the Council of Europe's website here.