Defence Forces ruling ends blanket labour law optout
The European Committee of Social Rights (ECSR) has issued a landmark ruling against the Irish Government, concluding that the State is in unanimous violation of the European Social Charter regarding the pay and working conditions of the Defence Forces.
The European Committee of Social Rights, part of the 46-member Council of Europe, has found Ireland to be in violation of the European Social Charter over compensation for working on public holidays and the lack of overtime for the Irish Defence Forces.
Legally-binding
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 complaint was submitted by the European Organisation of Military Associations and Trade Unions (EUROMIL), on the situation of members of the Defence Forces in Ireland and alleged that Ireland does not comply with 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 Scheme for Conciliation and Arbitration, hindering social dialogue on this key aspect of working conditions.
However, the Committee took note of several positive developments based on the information submitted by the Irish Government.
Importantly, as of 20 January 2025, the Defence Forces are covered by the Organisation of Working Time Act, subject to certain exceptions.
Minimum rest period
This legislative change enshrined in law the minimum periods of rest and maximum working hours for most personnel.
The Government also indicated that following the adoption of the ECSR decision, 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.
The decision validates long-standing grievances regarding ‘blanket’ exemptions from standard labour protections.