European UnionI was fired for joining a trade union. Does EU law protect me?
Yes, EU law protects you from dismissal for joining a trade union — such firing is unlawful under the EU Charter of Fundamental Rights and case law of the Court of Justice of the EU.
What the Law Says
The EU Charter of Fundamental Rights guarantees workers the right to join trade unions and engage in collective bargaining — and explicitly prohibits adverse treatment, including dismissal, for exercising that right.
Article 28 of the Charter of Fundamental Rights of the European Union states: 'Workers and employers, or their respective organisations, have, in accordance with Community law and national laws and practices, the right to negotiate and conclude collective agreements at the appropriate levels and, in cases of conflicts of interest, to take collective action to defend their interests, including strike action.'
While Article 28 focuses on collective action, the Court of Justice of the EU (CJEU) has consistently interpreted Articles 12 (freedom of assembly and association) and 28 together to protect individual union membership from retaliation — including dismissal — as a core aspect of freedom of association.
The Charter is legally binding on all EU Member States when they implement EU law (Article 51(1) of the Charter). Since employment law falls within EU competence (e.g., through directives on information/consultation, anti-discrimination, and working conditions), national courts must interpret domestic law in line with Charter rights.
Statutory TextWorkers and employers, or their respective organisations, have, in accordance with Community law and national laws and practices, the right to negotiate and conclude collective agreements at the appropriate levels and, in cases of conflicts of interest, to take collective action to defend their interests, including strike action.
— Charter of Fundamental Rights of the European Union, Art. 28 — Right of collective bargaining and action
What Courts Have Said
The Court of Justice of the EU has ruled repeatedly that dismissing a worker for union activity violates fundamental EU rights — especially freedom of association and collective bargaining.
Confirmed that the right to take collective action (including strike action) is a fundamental right under EU law, protected by Article 28 of the Charter and rooted in freedom of association.
Reaffirmed that trade union rights — including the right to act collectively — are fundamental and must be balanced against economic freedoms only under strict proportionality scrutiny.
Held that national measures undermining workers’ ability to join or act through trade unions may breach Article 28 and Article 12 of the Charter where they create a ‘chilling effect’ on association.
What to Do
Contact your national labour inspectorate or equality body immediately — they can investigate whether your dismissal breached EU-derived rights.
File a claim in national court, citing Article 28 of the EU Charter and relevant CJEU case law (e.g., Viking Line, Laval, Ligue des droits de l’homme).
Request interim relief (e.g., reinstatement or suspension of dismissal effects) — national courts must provide effective remedies for Charter violations.
If your national court doubts the interpretation, it may (or must, if highest court) refer the question to the CJEU via a preliminary ruling (Article 267 TFEU).
Sources
Same Question, Other Jurisdictions
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.
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