The complaint was registered on 28 May 2026. It was lodged by the Fédération SUD Santé Sociaux.

The complainant organisation alleges that France is not in conformity with Articles 2§1 (right to reasonable daily and weekly working hours), 2§5 (right to a weekly rest period) and 4§2 (right to increased remuneration for overtime work) of the European Social Charter.

In particular, the complainant organisation alleges that the legal framework governing working time in the public hospital sector allows for local flexibility arrangements that leave employers a broad margin of discretion in the organisation of working schedules and working cycles. It alleges that the safeguards governing such arrangements are not sufficiently precise, predictable and binding to ensure the effective protection of workers’ rights under the Charter.

The complainant organisation further alleges that the applicable framework does not provide adequate guarantees to ensure the effective enjoyment of weekly rest periods and increased compensation for overtime work. It submits that the protection afforded to workers relies excessively on ex post facto review and correction of individual situations rather than on preventive safeguards capable of ensuring effective compliance with the Charter.

 ​​ Case-document No. 1, Complaint registered on 28 May 2026 (original in French)