ECSR decision in EUROMIL v. Ireland becomes public

Back ECSR decision in EUROMIL v. Ireland becomes public

The European Committee of Social Rights (ECSR) has published its decision on the complaint submitted by the European Organisation of Military Associations and Trade Unions (EUROMIL), on the situation of members of the Defence Forces in Ireland under the European Social Charter.

In its complaint, EUROMIL alleged that Ireland does not comply with several provisions of the revised European Social Charter, specifically Article 2 (right to just conditions of work) and Article 4 (right to a fair remuneration). The complaint focused on shortcomings such as inadequate remuneration for work performed on public holidays, failure to conclude collective agreements with regard to working hours and related payment premiums, and the absence of proper compensation mechanisms for overtime work or extended duty periods. EUROMIL further referred to the prohibition of discussions on overtime payments under the Scheme for Conciliation and Arbitration, hindering social dialogue on this key aspect of working conditions.

Having examined the merits of the case, the ECSR concluded unanimously that the situation in Ireland is in violation :

of Article 2§2 of the Charter with regard to Defence Forces members who perform duties on public holidays and who do not receive allowances linked to specific functions.
of Article 4§2 of the Charter as a result of the absence of adequate arrangements for the compensation of overtime, compounded by both the lack of a time and attendance registration system and the exclusion of overtime discussions from the conciliation and arbitration framework.

Nevertheless, the Committee took note of several positive developments based on the information submitted by the Irish Government. Importantly, as of 20 January 2025, the Defence Forces are covered by the Organisation of Working Time Act, subject to certain exceptions. This legislative change enshrined in law the minimum periods of rest and maximum working hours for the majority of personnel, marking progress in ensuring compliance with the Charter.

The Irish Government also indicated that following the adoption of the ECSR decision, steps have been taken towards the introduction of an electronic system for monitoring time and attendance, aimed at accurately recording hours worked by Defence Forces members.

Text of the decision