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Konttinen v. Finland, dec., No. 24949/94, ECommHR (Plenary), 3 December 1996

Abstract


The dismissal of a worker, motivated for his repeated refusal to work during the holidays of his religious confession, does not breach art. 9 of the ECHR.

Normative references

Art. 9 ECHR

Ruling

Article 9 of the ECHR does not guarantee, as such, the right of the worker to take time off from work on religious holidays or in certain time slots. Therefore, the dismissal of the worker belonging to the Seventh-day Adventist Church, motivated by his repeated refusal to work every Friday after sunset, cannot be protected by the right to religious freedom. On the other hand, the employer's request to respect working hours does not represent any form of pressure or a coercive measure aimed at making him change his belief.