CMNT_TITLE

Migration for Employment Convention (Revised), 1949 (No. 97) - Cyprus (RATIFICATION: 1960)

Other comments on C097

Observation

2019

Direct Request

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Article 1(a) of the Convention. Information on national policies, laws and regulations. The Committee notes that, according to the 2019 conclusions of the European Commission against Racism an Intolerance (ECRI), a call for proposals for a National Plan on Integration of Migrants for the years 2020–2022 was published in January 2018 and the Civil Registry and Migration Department would enter into an agreement with a joint venture for the drafting of the above-mentioned plan as well as its promotion and implementation, following consultations with government bodies, local authorities, non-governmental organizations, international organizations, immigrant organizations and academics (CRI(2019)23). Welcoming this information, the Committee asks the Government to provide updated information on any progress made in the elaboration, adoption and implementation of a National Plan on Integration of Migrants for 2020–2022.

Directive (EU) 2018/957 amending Directive 96/71/EC concerning the posting of workers in the framework of the provision of services. The Committee welcomes the adoption of Directive (EU) 2018/957, pursuant to which Member States of the European Union shall apply to posted workers the terms and conditions of employment of the host country in a series of matters, including remuneration, maximum work periods and minimum rest periods, minimum paid annual leave, minimum age, health, safety and hygiene at work, and accommodation. The Committee notes that Member States of the European Union shall adopt by 30 July 2020, the laws, regulations and administrative provisions necessary to comply with this Directive.

Articles 2, 4 and 7. Free services and assistance to migrant workers. The Committee previously noted that the Action Plan for the Integration of Immigrants 2010–2012 provided for measures on the reception of and services to third-country nationals and public awareness-raising including publication of information materials for immigrants, in several languages, in cooperation with the social partners. While regretting the lack of information provided by the Government on free services and assistance provided to migrant workers, the Committee notes that the Council of Europe Commissioner, in the context of the Universal Periodic Review (UPR), invited the Government to provide more adequate accommodation and social aid to migrant workers victims of trafficking (A/HRC/WG.6/32/CYP/3, 7 November 2018, paragraph 35). The Committee again asks the Government to provide information on the type of free services and assistance provided to migrant workers, in particular migrant women and victims of trafficking, as well as on the manner in which such services and assistance are being organized.

Article 3. Misleading propaganda. The Committee previously noted the Private Employment Agencies Law No.126(I) and Regulations (Regulative Administrative Action 280) of 2012 regulating the licensing and operation of private employment agencies, by prohibiting them from providing wrong information as regards the terms and conditions of employment and the qualifications of the applicant, and providing for control mechanisms which may lead to the withdrawal of an agency’s operating licence and the imposition of administrative and penal sanctions. The Committees notes the Government’s indication, in its report, that, in 2016, the Department of Labour disseminated informative leaflets in English on the main provisions of Law No. 126(I)/2012. The Government adds that, in 2016 and 2017, respectively 126 and 100 private employment agencies were inspected. Each year, nine licenses were revoked. The Government states that administrative fines were imposed on two agencies which operated in violation of the legislative provisions, more particularly because they provided false information regarding terms and conditions of employment and exploited third country nationals. Noting with interest the ratification of the Protocol of 2014 to the Forced Labour Convention, 1930 (No. 29), on 1 February 2017, the Committee points out that, in April 2019, in the context of the UPR, the Government indicated that steps were taken towards the ratification of the Private Employment Agencies Convention, 1997 (No. 181) (A/HRC/41/15, 5 April 2019, paragraph 53). The Committee however notes that, in their 2018 and 2016 concluding observations, the United Nations (UN) Committee on the Elimination of Discrimination against Women (CEDAW) and the Committee on Economic, Social and Cultural Rights (CESCR), respectively, expressed concern about: (i) the insufficient monitoring of private employment agencies despite their reported involvement in trafficking networks; and (ii) the insufficient enforcement of the regulatory framework and low number of convictions, despite the high number of identified trafficking victims (CEDAW/C/CYP/CO/8, 25 July 2018, paragraph 28 and E/C.12/CYP/CO/6, 28 October 2016, paragraph 33). The Committee asks the Government to provide information on the measures taken to effectively monitor private employment agencies and protect migrant workers from misleading propaganda regarding terms and conditions of work, including in the framework of Law No. 126(I)/2012. The Committee also asks the Government to continue to provide information on public awareness-raising activities undertaken on the relevant legislative provisions and case law, the procedures and remedies available, targeting in particular migrant workers, as well as on the number of inspections of private employment agencies carried out, and the number and nature of violations identified and sanctions imposed.

Article 6. Equality of treatment. Hotel and tourism sector. The Committee previously noted that concerns existed regarding the conditions of employment of foreign workers in the hotel and restaurant sector and that the Equality Authority was monitoring the conditions of work of European Union (EU) citizens working in the hotel industry. The Committee notes that, according to the statistical information provided by the Government, in 2016, joint inspection units inspected 849 premises in the hotel and tourism sector (corresponding to 13.2 per cent of the inspections carried out), where it was found that 22 third-country nationals were not declared and seven were working without a work permit. While noting that migrant workers who are working in the hotel and tourism sector are still mainly EU citizens, the Committee notes that the Government did not provide any other information concerning the working conditions of migrant workers in this sector. The Committee again asks the Government to provide information on any steps taken to ensure equal treatment of migrant workers, including EU citizens, in the hotel and tourism sector, with respect to the matters covered by Article 6(1)(a)(i) of the Convention, and any other action taken in this regard.

Article 8. Maintenance of residence in the event of incapacity for work. Referring to its previous comments where it requested the Government to provide information on the relevant legislative provisions ensuring that third-country nationals who have been granted permanent residency in the country will maintain their right of residence in the event of incapacity to work due to illness contracted or injury sustained subsequent to entry, the Committee notes the Government’s general statement that section 18 ΙD (1) of the Aliens and Immigration Law, Cap. 105 of 1952, as amended, provides that long-term residency status can only be revoked if it has been acquired under fraudulent conditions, or if the said person with long-term residency status constitutes a public threat. The Committee asks the Government to provide information on the application in practice of section 18 ΙD (1) of the Aliens and Immigration Law, Cap. 105 of 1952, as amended, as well as on any case or complaint from third-country nationals based on this legal provision dealt with by competent authorities. It also asks the Government to indicate whether any legal provision has been adopted to explicitly ensure that third-country nationals who have been granted permanent residency in the country will maintain their right of residence in the event of incapacity to work due to illness contracted or injury sustained subsequent to entry.

Statistics. The Committee asks the Government to continue to provide statistical data, disaggregated by sex and nationality where available, on the employment of third-country nationals, distinguishing between third-country nationals with temporary, long-term and permanent residency permits, and EU citizens in the various economic activities.

The Committee further refers to its comments on the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143).