Database
The immunities of States and international organisations
This database contains the original national contributions bringing together information on The immunities of States and international organisations
Information on the contribution
- Member State
- Finland
- Themes
- Type of document
- Jurisprudence
- Permanent link to the contribution
- http://www.cahdidatabases.coe.int/C/Immunities/Finland/2002/94
- Translations
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Database of the CAHDI "The immunities of States and international organisations" - contribution of Finland - Jurisprudence of 03/07/2002
Database of the CAHDI "The immunities of States and international organisations" - contribution of Finland - Jurisprudence of 03/07/2002
Vilda Custodio de Carvalho (individual) v. Republic of Finland (State)
Author(ity)
Labour Court (Tribunal regional do trabalho – 10 regiaõ), Brazil
Date of the decision, of the judgment
03/07/2002
Points of law
The Court established that it was competent to consider labour disputes involving locally recruited employees of foreign missions. Finland invoked immunity in the case.Summary of the case
The dispute related to pension contributions of a locally recruited housemaid of the official residence of the Finnish Embassy. Finland participated in the proceedings but claimed immunity as a foreign State. The Court established that it was competent to consider a labour dispute against a foreign State as, under the provisions of Brazilian law and case law, foreign missions cannot in principle invoke immunity in labour disputes.Furthermore, the Court found that the diplomatic immunity only applied to the members of the diplomatic staff and not to the mission itself. Finland was ordered by the Court to pay the pension contributions in question.
