The European Committee on Social Rights (ECSR) today published its decision on a complaint submitted by the European Organisation of Military Associations and Trade Unions (EUROMIL).

The Charter is a legally-binding economic and social counterpart to the European Convention on Human Rights (ECHR), ratified by Ireland in its current form in November 2000.

In its complaint, EUROMIL alleged that Ireland does not comply with several provisions of the revised European Social Charter, specifically Article 2 (right to just conditions of work) and Article 4 (right to a fair remuneration).

The complaint focused on shortcomings such as inadequate remuneration for work performed on public holidays, failure to conclude collective agreements with regard to working hours and related payment premiums, and the absence of proper compensation mechanisms for overtime work or extended duty periods.

EUROMIL further referred to the prohibition of discussions on overtime payments under the conciliation and arbitration (C&A) scheme, hindering social dialogue on this key aspect of working conditions.

Having examined the merits of the case, the ECSR concluded unanimously that Ireland is in violation of Articles 2§2 and 4§2 of the Charter.

It has however also noted positive developments, including legislative change in January 2025 which provides that the Defence Forces are now covered by the Organisation of Working Time Act, subject to certain exceptions.

The Irish government has also indicated, following the adoption of the ECSR decision, that steps have been taken towards the introduction of an electronic system for monitoring time and attendance, aimed at accurately recording hours worked by Defence Forces members.