Minister to look at European ruling on public holiday allowances and overtime for Defence Forces

General Secretary of PDforra, Gerard Guinan, said the European decision 'vindicates the position adopted by our association over many years as it relates to allowances paid to our members for working long and arduous hours'. File photo

The minister of defence is to examine the ruling of a Council of Europe body that Ireland is in breach of a European charter for not paying allowances to personnel for working public holidays or overtime.

The European Committee on Social Rights (ECSR) said Ireland is “in violation” of the European Social Charter for not compensating personnel for working on public holidays and over the lack of overtime.

Defence Forces’ representative bodies, who took the case through a European military association in 2022, welcomed the ruling and called on the department of defence to enter into discussions about implementation.

In a statement the department said the minister, Helen McEntee, “notes” the findings of the committee and said Ireland is committed to upholding the principles in the European Social Charter.

It said: “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.” 

The statement said the protections of the Organisation of Working Time Act (OWTA) were now entitlements in law, available to all Defence Forces (DF) personnel apart from when they are engaged on exempted activities.

It said: “Furthermore, additional or irregular hours are compensated through allowances and structured systems of compensatory rest. 

"In addition, a Military Service Allowance (‘MSA’), which is designed to compensate for the special disadvantages associated with military life including long and unsocial hours, is paid to all ranks up to the level of Colonel. MSA is a pensionable allowance. 

“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.” 

PDforra, the association representing approximately 5,500 army, air corps and naval personnel welcomed the ECSR ruling.

General Secretary Gerard Guinan, said it "vindicates the position adopted by our association over many years as it relates to allowances paid to our members for working long and arduous hours".

He said PDforra had regularly called over the years for a proper review of the rates of allowances paid to its members 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,” Mr Guinan said.

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He said PDforra, together with sister association RACO, submitted a complaint to EUROMIL (European Organisation of Military Associations and Trade Unions) in 2022 alleging breaches of Articles 2.2 & 4.2 of the Charter.

Lieutenant Colonel Conor King of RACO said: “The case was specifically 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.” 

He added: “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.

“Although some positive developments have occurred since 2022 — no doubt influenced by this case — most notably the implementation of the Working Time Directive, we now call on government to finally and immediately remove the prohibition on overtime for members of the Defence Forces, and to enter into discussions with the Defence Forces Representative Associations in good faith to finally ensure that the rates of pay and allowance of DF members are adequate, and that overtime payments are available to members of the Defence Forces where appropriate.”