The decision on the merits of the complaint CESP v. France (No. 57/2009) is public

 [04/04/2011] The decision on the merits taken by the European Committee of Social Rights with regard to the  complaint European Council of Police Trade Unions (CESP) v. France (Complaint no. 57/2009) became public today.

In its decision , the Committee concluded unanimously, that there is a violation of Article 4§2 (increased remuneration for overtime work) of the Revised Charter because the regulations applicable to ordinary members of “the supervision and enforcement corps” since 1 January 2008 makes the financial compensation for their overtime work payable at a flat rate, thus preventing those concerned from benefiting from a higher than normal rate of remuneration.

The Committee also concluded unanimously, that there is no violation of Article 4§2 of the Revised Charter arising from the rules applicable since 15 April 2008 to members of the national police command corps performing intermediate management duties, because the special bonus they receive as compensation for overtime work is such as to comply with Article 4§2 of the Revised Charter, which requires overtime work to be compensated at a higher rate than the normal wage rate.

Summary of Complaint No. 57/2009
Decision on the merits