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6 hrs ago
IRELAND HAS BEEN found to be in breach of the European Social Charter in regard to the workplace conditions of Irish Defence Forces personnel.
The European Committee of Social Rights (ECSR) published its decision on the complaint submitted by the European Organisation of Military Associations and Trade Unions (Euromil).
Euromil, a military industrial relations body, took the action following representations by groups here in Ireland – enlisted ranks body PDFORRA and the Representative Association of Commissioned Officer (RACO).
Euromil alleged that Ireland does not comply with several provisions of the revised European Social Charter, namely the right to just conditions of work and the right to a fair remuneration.
The issue centres around the refusal by the State to pay overtime to military personnel as well as remuneration for work on public holidays and extended duty periods.
In a statement Euromil said: “The European Social Charter is a legally-binding economic and social counterpart to the European Convention on Human Rights.
“Ireland ratified the latest version of the charter, and agreed to be bound by its mechanism for collective complaints, in November 2000.”
The decision by ECSR is not binding but can inform future policy at European level.
RACO and PDFORRA have led a long campaign for military to be included in measures such as the Working Time Act to bring them into line with other uniform services such as the gardaí who are entitled to claim overtime payments.
RACO and PDFORRA jointly took a case through EUROMIL in 2022, in relation to the right to just conditions of work and fair remuneration for members of the Defence Forces.
Today RACO said in a statement that it “warmly welcomes the decision” and noted that it was unanimous.
“For years, the Department of Defence has unjustly prohibited discussions on overtime payments under the Scheme for Conciliation and Arbitration, hindering social dialogue on this key aspect of working conditions, and ensuring members of Óglaigh na hÉireann are disadvantaged in their pay and allowances relative to other members of the public sector,” RACO said.
The representative body said there has been some positive developments, such as the implementation of the Working Time Directive, but said it now called on Government to enter into discussions in “good faith”.
“It is only through the fair and equitable application of remuneration and the protection of the right to just conditions of work that the Defence Forces can once again become an employer of choice, and this will only strengthen recruitment and retention, and Defence Forces operational capability in these times of geopolitical instability and increased global threat,” RACO added.
General Secretary of PDFORRA, Gerard Guinan, said that committee “vindicates the position adopted by our Association over many years”.
“Over the years, PDFORRA has regularly called for a proper review of the rates of allowances paid to our members of the Defence Forces for undertaking security duties across the organisation.
“The fact that we had to go to Europe to have a ruling made is disappointing, but is becoming a normal occurrence for our Association.
“All our members have ever wanted is a fair rate of remuneration for the extremely long hours that members put in while undertaking security duties,” he said.
A statement from the Department of Defence said the that Ireland is a signatory of the European Social Charter and is committed to upholding its principles.
“The State respects the role of the ECSR and the Minister will examine its conclusions in conjunction with EU and National obligations, while noting that the reports of the ECSR are not binding on respondent states,” it said.
The DOD statement also said that the Organisation of Working Time Act and a compensation through allowances for extra time worked are in Irish law. it also said that a Military Service Allowance designed for the difficult work life of military personnel had also been adopted.
“With regard to work carried out on public holidays, members of the Permanent Defence Forces are paid their basic wage, plus MSA, plus any allowance payable at a higher rate than normal in addition to compensatory rest,” it added.
