Social Rights

The decision of the European Committee of Social Rights (ECSR) on the merits in Union Syndicale Solidaires SDIS v. France, Complaints No. 176/2019 and No. 193/2020 became public on 14 February 2024.

In its two complaints, Union Syndicale Solidaires SDIS (SUD SDIS) alleged that the lack of recognition of the status of workers to volunteer firefighters (VFFs) pursuant to Articles L723-5 and L723-8 of the Code of Internal Security, does not allow VFFs to enjoy their rights relating to just conditions of work, to safe and healthy working conditions and to protection of health, among others. SUD SDIS pointed in particular to the risks involved for young VFFs, who take part in field operations in accordance with Articles R723-6 and R723-10 of the Code of Internal Security, despite the dangerous nature of the firefighting occupation recognised under Article L723-1 of the Code of Internal Security. 

SUD SDIS therefore alleged that the legal situation of VFFs does not meet the requirements of Articles 2 (the right to just conditions of work), 3 (the right to safe and healthy working conditions), 4 (the right to a fair remuneration), 11 (the right to protection of health) and 24 (the right to protection in case of dismissal) read alone as well as of Article E (non-discrimination) in conjunction with Articles 2, 3, 4, 11 and 24 of the revised European Social Charter.

The ECSR decided to examine the complaint solely under Articles 1§2, 2§1 and 7§2 of the Charter considering that it was not adequately substantiated in respect of the other provisions invoked.

In its decision on the merits, the ECSR concluded:

-    unanimously that there is a violation of Article 1§2 of the Charter on the ground of the discriminatory difference in treatment with regard to remuneration between certain volunteer firefighters and professional firefighters;

-    unanimously that there is a violation of Article 2§1 of the Charter on the ground of the failure to take into account the totality of working time performed by volunteer firefighters, as well as the regulatory vacuum as related to the working time of volunteer firefighters;

-    unanimously that there is a violation of Article 7§2 of the Charter, considering that involvement of young VFFs in fire suppression operations is not absolutely necessary for their vocational training, and that the measures taken to protect the health and safety of these young persons are insufficient.