The complaint, lodged on 29 September 2006, relates to Article 4 §§ 1-2 (right to adequate remuneration and right to increased rate of remuneration for overtime work) and Article 6 §§1-2 (right to collective bargaining: joint consultation and machinery for voluntary negotiations) of the Revised European Social Charter. It is alleged that the Portuguese state has not observed the democratic rules of collective bargaining, having decided unilaterally to apply to the criminal investigation personnel of the Criminal Police a rule reducing their basic pay by 25%, thus avoiding payment of the on-call bonus.

• Case document no. 1, Complaint registered at the Secretariat on 25 March 2007
• Case document no. 2, Written submissions from the Government on the merits
• Case document no. 3, Observations from the ETUCs
• Case document no. 4, Reply to the Government’s submissions on the merits (French only)
• Case document no. 5, Response from the CESP to the ECSR’s questions
• Case document no. 6, Response from the Government to the ECSR’s questions

The European Committee of Social Rights declared the complaint admissible on 5 December 2006.

The European Committee of Social Rights concluded that there was no violation of the Revised European Social Charter and transmitted  its report containing its decision on the merits of the complaint to the Parties and to the Committee of Ministers on 3 December 2007.

The Committee of Ministers adopted Resolution ResChS(2008)5 on 27 February 2008.
 

 Decision on admissibility of the Complaint 37/2006

 Decision on the merits of the Complaint 37/2006

 Resolution ResChS(2008)5 of the Committee of Ministers on 27 February 2008