Tuesday, November 24, 2020

ASFASPRO seeks work hours relief at Strasbourg

The Association of Noncommissioned Officers of the Spanish Armed Forces (ASFASPRO) has filed a case with the European Court of Human Rights. According to the association:
Recently, ASFASPRO has filed a lawsuit with the European Court of Human Rights (Strasbourg) against Order DEF/1363/2016, of July 28, which regulates the working day and the regular schedule in the place of destination of members of the Armed Forces. This ministerial order does not correctly regulate night work, location services and, in addition, limits the additional rest that compensates for mandatory activities that generate excess working hours to 10 days. This deficient regulation directly affects the right to health protection and the reconciliation of personal life with work life of the soldier, being contrary to the provisions of the European Convention on Human Rights and Directive 2003/88/EC on the organization of working time. The National Court dismissed the appeal filed by ASFASPRO in 2018. After the inadmissibility of the corresponding appeals in cassation in the Supreme Court and of amparo before the Constitutional Court, this necessary claim is possible before the European courts. The activities of military personnel are multiple and range from instruction, guards and services to maneuvers, navigation and operations, among others. The hundreds of hours that the soldier does, exceeding the annual working hours established for the rest of public employees, continue without being compensated, neither in remuneration nor in rest time .

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