The branch of the Police Corps of the Pancyprian Equality Guild in an open letter to the Chief of Police Stelios Papatheodorou, states that it is a criminal offence not to pay overtime to police officers, and asks for the contribution of the Police leadership to avoid legal action.
Referring to an analysis and briefing by the Legal Advisors of the Police Equality Branch, he notes that the Labour Court is competent to hear the civil aspect and the Criminal Court is competent to hear the criminal offence.
He also states that Section 9.(1) of the Law, stipulates that the frequency of payment of salaries, must be weekly, except for monthly paid personnel. With respect to members of the Police Force, it states, they are monthly paid and in the absence of a collective agreement, their overtime must be paid monthly. However, in view of the existence of a practice in relation to the payment of allowances, it is added, i.e. payment thereof to the next month's salary, by analogy, and overtime should be paid in this manner.
It is further stated that Article 12 of the Act requires the employer (in this case the Police) to keep records for each employer, with data concerning his salary, which in fact must be available for inspection by an inspector of the Ministry of Labour.
"According to Article 20.(1), an employer who violates the provisions of the Act is guilty of an offence and upon conviction shall be liable to imprisonment for a term not exceeding six (6) months or a fine not exceeding fifteen thousand euros (€15000) or both. Accordingly, delay beyond the prescribed period for payment of salary is a violation of Article 9.(1) of the Law and therefore constitutes the commission of a criminal offence," it is stated.
It is also noted that the burden of proof for the payment of salary (including overtime and hire) to an employer (member of the Security Corps) is on the employer (Police).
As established from the above, the notice continues, the Wage Protection Law , gives the right to initiate a criminal investigation for violation of Article 9.(1) regarding unpaid overtime and leases, as well as the right to assert the civil aspect of the matter before the Labour Court.
"We stand by the principles and values of the Security Corps. The thousands of unpaid Police Officers are at their limits. We point the way for you to take the initiative to correct the distortions for which some are criminally and civilly responsible," Equality says.
It adds that there are serious allegations of possible mismanagement of millions of euros in funds and unpaid financial obligations of the Police over time as well as the opening of an investigation with many people involved.
It is also noted that "some respect the institutions and the national emblem on the chest and we as a Guild assume the responsibility and the burden (a) not to make formal complaints regarding the criminal offences committed, (b) not to make violation reports to a Competent Inspector and (c) not to claim our accrued wages before the Labour Court at this stage".
The union is cited, the burden has been lifted and input from the Police leadership is expected within a reasonable period of time. It is also noted that any of the above mentioned representations can be made at any time by any member of the Police of any rank.
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