Decision-making body : European Committee of Social Rights Case details : Swedish Trade Union Confederation (lo) and Swedish Confederation of Professional Employees (TCO) v. Sweden, 3 July 2013. Complaint No. 85/2012 Applicable legal provisions : Articles 4 and 6 of the European Social Charter regarding the State’s duty to promote collective agreements and recognise the right to collective action; and Article 19 regarding the State’s obligation to secure for foreign workers treatment no less favourable than that of nationals with respect to remuneration, employment conditions and the enjoyment of the benefits of collective bargaining. Primary legal issues : Right to collective bargaining; right to collective action; balancing the right to provide services. Related cases : Laval un Partneri Ltd v Svenska Byggnadsarbetareförbundet, Svenska Byggnadsarbetareförbundets avdelning 1, Byggettan and Svenska Elektrikerförbundet (C-341/05) 18 December 2007 ; International Transport Workers’ Federation and Finnish Seamen’s Union v Viking Line ABP and OÜ Viking Line Eesti (C-438/05), 11 December 2007 . Summary The complainant – trade unions in Sweden – alleged that the legislative changes made in 2010, following the Laval (C-341/05) and Viking (C-438/05) judgments of the European Court of Justice violate Articles 4, 6 and 19 of the Revised European
International Labor Rights Case Law – Brill
Published: Jun 8, 2015
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