Non-payment of overtime is a criminal offense

What the Equality Branch of the Pancyprian Guild Police Corps says


The Branch of the Police Corps of the Pancyprian Guild Equality in an open letter to the Chief of Police Stelios Papatheodorou, states that it is a criminal offense not to pay the overtime to the police, and asks for the contribution of the Police leadership so that it does not proceed with legal measures.

Referring to the analysis and information by the Legal Advisers of the Equality Police Branch, he notes that the labor court is competent for the adjudication of the civil aspect and the criminal court for the commission of the criminal offense.

It also states that article 9. (1) of the Law stipulates that the frequency of payment of salaries must be weekly, except for monthly paid staff. As for the members of the Police, it is reported, they are paid monthly and in the absence of a collective agreement, their overtime will have to be paid monthly. However, in view of the existence of a practice in relation to the payment of benefits, it is added, ie their payment to the salary of the following month, by analogy and overtime work should be paid in this way.

It is also mentioned that article 12 of the Law obliges the employer (in this case the Police) to keep records for each employee, with information regarding his salary, which in fact must be available for control by an Inspector of the Ministry of Labor.

"According to article 20. (1), the employer who violates the provisions of the Law is guilty of an offense and in case of conviction is subject to a prison sentence not exceeding six (6) months imprisonment or a fine not exceeding fifteen thousands of euros (€ 15000) or both. "Consequently, the delay beyond the foreseen period of salary payment, constitutes a violation of article 9. (1) of the Law and consequently constitutes the commission of a criminal offense", it is stated.

It is also pointed out that the burden of proof of payment of salary (including overtime and rent) on an employee (member of the Security Forces) is borne by the employer (Police).

As can be seen from the above, the announcement continues, the Law on Wage Protection gives the right to initiate a criminal investigation for violation of Article 9. (1) on unpaid overtime and rent, as well as the right to claim its civil aspect. before the Labor Court.

"We stand by the principles and values ​​of the Security Forces. The thousands of unpaid police officers are at their limits. "We show you the way to take the initiative to correct the distortions for which some people are criminally and civilly responsible", says Equality.

He adds that the allegations of possible mismanagement of millions of euros and the unpaid financial obligations of the Police over time, as well as the initiation of an investigation with many people involved, are very serious.

It is also noted that "some people respect the institutions and the coat of arms and we, as a Guild, assume the responsibility and the burden, (a) not to make formal complaints regarding the criminal offenses committed, (b) not to make reports of violations in Competent Inspector and (c) not to claim our earnings before the Labor Court at this stage ".

The trade union body is reported, has lifted the weight and the contribution of the Police leadership is expected within a reasonable period of time. It is also pointed out that any of the above steps can be taken at any time by any member of the Police, regardless of rank.