Irish Congress of Trade Unions (ICTU) v Ireland [2018] ECSR SE6 (12 September 2018)

Irish Congress of Trade Unions (ICTU) v Ireland [2018] ECSR SE6 (12 September 2018)

An outright ban on collective bargaining for all self-employed workers is excessive and contrary to Article 6(2) of the Charter. The decisive criterion is the imbalance of power between providers and engagers of labour. Where self-employed workers lack substantial influence over contractual conditions, they must be allowed to address this imbalance through collective bargaining. The 2017 legislative amendments in Ireland provide some exemptions but remain insufficient in scope and do not guarantee protection against EU competition law, resulting in a continuing violation of Article 6(2) for categories of self-employed workers not covered by the amendments.

Citation
[2018] ECSR SE6
Parties
Complainant: Irish Congress of Trade Unions (ICTU); Respondent: Ireland
Jurisdiction
European Union
Judgment Date
12 September 2018
Procedural Posture
Collective Complaint / Decision on the Merits
Outcome
Violation found
Legal Topics
Collective Bargaining, Self Employed Workers, Competition Law Exemptions, Right to Unionize
Labour Law Competition Law Human Rights Collective Bargaining Self Employed Workers Competition Law Exemptions Right to Unionize

Case Brief

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Parties

Irish Congress of Trade Unions (ICTU)

Complainant

Ireland

Respondent

Procedural Posture

Collective Complaint / Decision on the Merits

Legal Issues

  1. 1 Whether the denial of collective bargaining rights to certain self-employed workers under Irish competition law violates Article 6(2) of the European Social Charter.

Ratio Decidendi

An outright ban on collective bargaining for all self-employed workers is excessive and contrary to Article 6(2) of the Charter. The decisive criterion is the imbalance of power between providers and engagers of labour. Where self-employed workers lack substantial influence over contractual conditions, they must be allowed to address this imbalance through collective bargaining. The 2017 legislative amendments in Ireland provide some exemptions but remain insufficient in scope and do not guarantee protection against EU competition law, resulting in a continuing violation of Article 6(2) for categories of self-employed workers not covered by the amendments.

Court Disposition

Violation found

Orders

  • Ireland is found to be in breach of Article 6(2) of the European Social Charter for failing to guarantee collective bargaining rights to all relevant categories of self-employed workers.