The decision of the European Committee on Social Rights of the Council of Europe on the merits of Complaint No. 68/2011CESP v. France
became public on 6 March 2013.
In this case, registered on 18 May 2011, the complainant
trade union alleges that the situation in France is not in conformity
with Article 4 (right to a fair remuneration) of the Revised European
Social Charter. In particular, CESP claimes that neither the command
bonus paid to the members of the national police command corps (senior
police officers), nor the periodical increase in the amount paid,
compensate for the withdrawal of the overtime payments, which the senior
police officers received before the current regulations were introduced.
The Committee unanimously concluded that there is a violation of Article
4§2 of the Revised Charter. This decision is based on the fact that the
increase in the command bonus applied could compensate only for a very
small number of hours of overtime. Therefore, the increase in the
command bonus is not in conformity with Article 4§2 of the Charter. In
addition, the Committee noted that some duties cannot give rise to
compensatory time off because they are taken into account as part of the
payment system connected with the command bonus. With this in mind, the
Committee held that as the arrangements for compensatory time off
provide in other cases that senior police officers working overtime when
performing certain duties may only claim equal or equivalent rest
periods calculated on an hour for hour basis, they are not in conformity
with Article 4§2 of the Charter.
of the decision on the merits