Brussels, 22/11/2013 (Agence Europe) - The Council of Europe's European Social Rights Committee (ESRC) said on Wednesday 20 November that, by bringing its legislation into line with the European Court of Justice's Laval ruling, Sweden was violating the European Social Charter. This opens a new round in the Laval ruling saga that has given the impression that strikes and social action to defend workers' rights are discouraged when the cross-border provision of services is involved.
The decision on admissibility and merits of the Swedish legislation came after two Sweden trade unions, Landsorganisationen i Sverige (LO) and Tjänstemännens Centralorganisation (TCO), lodged an appeal at the ESRC in June 2012. The ESRC rules that the changes to the Swedish rules in compliance with the Laval ruling violate the European Social Charter's freedom of association (Article 5 of the European Social Charter) and the right to collective bargaining and the right to take collective action (Article 6).
The ESRC ruling says that disproportionate restrictions were placed on trade union rights to lead collective action to improve the working conditions for seconded workers. It notes more particularly: inadequate recognition of the fundamental right to take collective action, no guarantee that seconded workers will be treated no less favourably than Swedish workers with permanent contracts when it comes to pay, working conditions and benefits provided by collective bargaining agreements, and absence of promotion for seconded workers of appropriate voluntary negotiation procedures between employer organisations and trade unions in order to decide on working and employment conditions through collective bargaining.
Aware of the problem raised by a number of the European Court of Justice rulings (like Laval, Viking and Ruffert), the European Commission tried with the Monti II regulation in March 2012 (see EUROPE 10579) to strike a new balance between differing case laws on the freedom to provide services and the right to carry out collective action, but had to drop the plan in the face of broad opposition (see EUROPE 10688) and resign itself to only taking action in connection with the EU directive on the secondment of workers (Directive 96/71/EC), although not much success has been achieved here to date (see EUROPE 10966). The European Trade Union Confederation says the ESRC decision paves the way for a new opportunity to challenge the Laval ruling, in the hope that the European Court of Justice will amend its case law and recognise for all trade unions the collective rights they need to properly protect seconded workers. This view is shared by the European building and wood workers' federation. (JK/transl.fl)