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No. 60/2010 European Council of Police Trade Unions (CESP) v. Portugal

The complaint registered on 18 March 2010, relates to Article 4§§1 and 2 (right to adequate remuneration and right to increased rate of remuneration for overtime work), Article 6§§1 and 2 (right to collective bargaining: joint consultation and machinery for voluntary negotiations) and Article 22 (right to take part in the determination and improvement of the working conditions and working environment) of the Revised European Social Charter. The CESP claims that that  Portuguese legislation does not allow the the investigative personnel of the Criminal Police to receive compensation for overtime work.  The CESP also contends that the Portuguese state refuses to negotiate on this matter with  national trade unions.

The European Committee of Social Rights declared the complaint admissible on 22 June 2010.

The European Committee of Social Rights concluded that there was a violation of Article 4§2 and that there was no violation of Article 6§§1 and 2 and Article 22 of the Revised Charter, and  transmitted its report containing its  decision on the merits of the complaint to the Parties and to the Committee of Ministers on 17 October 2011.

On 13 December 2013 the Committee of Ministers adopted Resolution CM/ResChS(2013)18.
 

 Decision on admissibility of the Complaint 60/2010

 Decision on the merits of the Complaint 60/2010

 Resolution ResChS(2013)18 of the Committee of Ministers on 13 December 2013

 Findings of the European Committee of Social Rights on the follow-up of the Complaint