Resolution CM/ResChS(2008)6
    Complaint No. 38/2006
    by the European Council of Police Trade Unions (CESP) against France

    (Adopted by the Committee of Ministers on 23 April 2008
    at the 1024th meeting of the Ministers' Deputies)

    The Committee of Ministers,1

    Having regard to Article 9 of the Additional Protocol to the European Social Charter providing for a system of collective complaints,

    Taking into consideration the complaint lodged on 20 October 2006 by the European Council of Police Trade Unions (CESP) against France,

    Having regard to the report transmitted by the European Committee of Social Rights, in which the European Committee of Social Rights concluded unanimously that the French system for the payment of overtime worked by national police officers is in breach of Article 4§2 of the Revised Charter,

    The Committee considered that the system of flat-rate payments for overtime established by Article 3 of Decree No. 2000-194 – resulting from the fact that, for national police officers, all such pay is determined with sole reference to salary point 342 – has the effect of denying the proper increase required by Article 4§2 of the Revised Charter to officers who cannot be excluded from entitlement to increased remuneration because of the nature of their duties. In particular, the functions of senior officers and commanders do not always equate to planning and management tasks,

    Having regard to the information communicated by the French delegation during the 1019th meeting of the Ministers’ Deputies,

    1. Takes note of the statement made by the respondent government indicating that France undertakes to bring the situation into conformity with the Revised Charter by implementing measures to re-evaluate the compensation rate for the payment of overtime worked by national police officers and by amending Decree No. 2007-194 of 3 March 2000 and adopting Decree No. 2007-1430 of 4 October 2007 (see the Appendix to this resolution);

    2. Takes note of the adoption of Decree No. 2008-199 of 27 February 2008 (published in the Official Journal of 29 February 2008) on the remuneration for overtime work of certain civil servants, amending in particular Decree No. 2000-194 of 3 March 2000;

    3. Looks forward to France proving, on the occasion of the submission of the next report concerning the relevant provisions of the Revised European Social Charter, that the measures announced have been implemented, and keeping the Committee of Ministers regularly informed of all progress made.

    Appendix to Resolution CM/ResChS(2008)6

    During the 1019th meeting of the Ministers’ Deputies, on 27 February 2008, the Representative of France transmitted the following information:

    PERMANENT REPRESENTATION OF FRANCE
    TO THE COUNCIL OF EUROPE
    ________

    1019th meeting of the Ministers’ Deputies (27-28 february 2008)

    Agenda item 4.2.c.: European Social Charter:
    Collective complaint No. 38/2006
    European Council of Police Trade Unions against France

1.-  First of all, the French delegation welcomes the opportunity which the above collective complaint gives it of explaining to the Committee of Ministers the national regulations on compensation for overtime worked by serving members of the national police force.

2.- The French delegation confirms that the French legal system allows the courts to verify the compatibility of regulatory texts with international instruments. This being so, the compatibility of the decree contested before the CEDS by the European Council of Police Trade Unions could indeed have been verified by the domestic courts.2

3.-  The arrangements for overtime worked by serving police officers are subject to the following general rules:

Ø Hours worked are either recovered in the form of time off, which is the rule, or remunerated, which is the exception.

Ø Only police officers responsible for supervision and enforcement (urban police and lower ranks) and senior police officers may be remunerated for hours worked overtime under Decree No. 2000-194 of 3 March 2000.

Ø All the police officers concerned are remunerated for these hours at a standard rate equivalent to 1/1900th of the gross index 342.

Ø The hours for which police officers are remunerated are assessed on quotas which do not necessarily match the hours actually worked. For example, under the operating rules applying to the national police, 30 minutes’ overtime worked on a Sunday is recovered (or remunerated) on the basis of 2 hours, applying the principle that hours are indivisible, and a 200% weighting factor. In this particular example, payment of compensation at twice the hourly rate compensates, not for 2 hours’, but for 30 minutes’ work.

4.-  In order to bring the situation into line with the decision of the CEDS, the French delegation wishes to inform the Ministers’ Deputies that :

Ø From 1 April 2008, national police officers will transfer to a scheme for higher ranks, one result being that overtime will no longer be calculated using the method contested in the collective complaint. Decree No. 2000-194 of 3 March 2000 is being amended accordingly. Under the projected scheme, national police officers will receive, via an up-graded bonus for higher ranks, appropriate compensation for overtime worked.

Ø Moreover, an interministerial reform of overtime arrangements, which is now being introduced, provides for a 25% increase in overtime compensation rates.

Ø Finally, overtime worked since 1 October 2007 is exempt from social charges and taxation under Decree No. 2007-1430 of 4 October 2007, which applies Act No. 2007-1223 to promote work, employment and purchasing power to public service personnel. This appreciably increases net remuneration for overtime by comparison with normal working hours, and also by comparison with the situation of those personnel on the date when the CEDS gave its decision.

1 In conformity with Article 9 of the Additional Protocol to the European Social Charter providing for a system of collective complaints, the Contracting Parties to the European Social Charter or to the Revised Social Charter have participated in the vote: Albania, Andorra, Armenia, Austria, Azerbaijan, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Georgia, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Moldova, Netherlands, Norway, Poland, Portugal, Romania, Slovak Republic, Slovenia, Spain, Sweden, “the former Yugoslav Republic of Macedonia”, Turkey, Ukraine and United Kingdom.

2 In its decision of 3 December 2007, which is the subject of the report to the Committee of Ministers, the CEDS “observes that the statement according to which the judge could have verified the compatibility of the decree contested in relation to the Social Charter is not accurate”.



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