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Maternity Protection Convention, 2000 (No. 183) - Cyprus (RATIFICATION: 2005)

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Article 6(7). Medical care benefits. The Committee takes note of the information provided by the Government that maternity medical care, including prenatal care, childbirth, postnatal care, and hospitalization, is provided to all employed women registered with the General Health System in accordance with national law. The Committee observes that in accordance with section 4(2)(b)(iii) of the Medical Institutions and Services (Regulation and Fees) of 1978, pregnant women should be granted health care benefits. Moreover, according to section 20A of the Law on the introduction of a general healthcare system and related issues (Law 89 (1)/2001), beneficiaries of the General Health System may be requested to participate in the costs of certain medical services and procedures, to be defined by Regulations. In this context, the Committee requests the Government to expressly indicate whether maternity medical care benefits are provided free of charge to all women, regardless of their affiliation to the social security system, pursuant to section 4(2)(b)(iii) of the Medical Institutions and Services (Regulation and Fees) of 1978, including prenatal care, childbirth, postnatal care, and hospitalization, when necessary.
Article 8. Consequences of unlawful dismissal. The Committee takes note of the information provided by the Government in relation to section 15(4) of the Equal Treatment of Men and Women in Employment and Vocational Training Law No. 205 (I)/2002. In the event of dismissal in violation of the provisions of this Law, the Labour Dispute Court, without examining the employer’s good or bad faith, orders the reinstatement of the employee and obliges the employer to accept his or her services, provided that the employee has requested it as a remedy. This reinstatement takes place in addition to any compensation awarded in accordance with section 15(3).
Article 9(2). Prohibition of pregnancy testing. The Committee takes note of the information provided that, in accordance with sections 2, 11, 15 and 30 of the Law on Equal Treatment Between Women and Men in Vocational Training and Employment (Law No. 205(I)/2002), requesting pregnancy tests or certificates is considered an act of discrimination on the grounds of sex and, therefore, would be subject to sanctions, while generating a right to compensation for the worker. The Committee also takes note of the judiciary decisions issued in this regard, with the purpose of preventing and sanctioning this type of request by employers. 

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The Committee takes note of the information provided by the Government as regards the manner in which the national legislation or practice gives effect to: Article 1 (non-discrimination); Article 2 (scope of application); Article 3 (protection of the health of pregnant and breastfeeding workers); Article 5 (leave in case of illness or complications); and Article 6(6) (social assistance for women who do not meet the conditions to qualify for cash maternity benefits) of the Convention.
Article 6(7). Free of charge medical care. The Committee understands that, in Cyprus, health-care benefits are granted to Cypriot, European Union, European Economic Area and Swiss citizens who permanently reside in the country and who registered with the national health system. Certain categories of beneficiaries are provided free of charge medical care, that is: single persons and members of families whose annual income does not exceed a certain limit; families with three or more children; persons suffering from certain chronic diseases; state officials, civil servants, members of the police and the armed forces, as well as their dependants; university or college students; and some other specific categories of citizens. In the absence of an explicit reference to women who are pregnant or who have recently given birth among the beneficiaries of free health care, the Committee asks the Government to indicate the legal provisions giving effect to Article 6(7) of the Convention by guaranteeing free of charge prenatal, childbirth and postnatal care, as well as hospitalization when necessary.
Article 8. Consequences of unlawful dismissal. The Committee notes that in accordance with the Equal Treatment of Men and Women in Employment and in Vocational Training Act No. 205(I) of 2002, in cases of termination of employment in violation of its provisions, the Labour Dispute Court orders the reinstatement of the unlawfully dismissed employee, without any limitation as to the size of the enterprise and without examining the good or bad faith of the employer (section 15, paragraph 4). Please indicate whether the Termination of Employment Act, which provides for reinstatement only in enterprises of over 20 employees, has been harmonized with the above provision.
Article 9(2). Prohibition of pregnancy testing. With reference to its previous comments, the Committee notes the Government’s indication that although the national legislation does not establish an explicit prohibition, pregnancy testing for employment purposes is deemed unlawful pursuant to Act No. 205(I) of 2002 mentioned above. The Committee asks the Government to substantiate this statement with reference to the judiciary decisions on pregnancy screening in recruitment and in employment, indicating the sanctions applied.

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The Committee notes the Government’s first report, from which it appears that the national legislation generally complies with the provisions of the Convention. In order to allow a thorough analysis of the application of the Convention, the Committee requests the Government to provide the Office with a copy of the following national laws and regulations: the Maternity Protection Law, the Law on the equal treatment of men and women in employment and vocational training, the Social Insurance Law, the Termination of Employment Law and the Maternity Protection (Safety and Health at Work) Regulations, translated, if possible, into English or French. Furthermore, the Government is requested to provide detailed information in its next report on the application of the provisions of the Convention which are not mentioned in its first report, namely Article 1 (non-discrimination), Article 2 (scope of application), Article 3 (protection of the health of pregnant and breastfeeding workers), Article 5 (leave in case of illness or complications), Article 6(6) (social assistance for women who do not meet the conditions to qualify for cash maternity benefits), and paragraph 7 (medical benefits), and Article 9, paragraph 2 (prohibiting the requirement of a pregnancy test), of the Convention.

Parts IV and V of the report form. The Committee requests the Government to provide, in accordance with the report form, information on the manner in which the Convention is applied in practice, including, for example, statistics on the total number of women employed, including the number of women who are employed in the context of atypical forms of dependent work, such as home work, temporary work or telework. Please also provide extracts from official reports or court decisions or other decisions concerning questions of principle relating to the application of the Convention, information on the number and nature of violations reported, as well as any other details on the difficulties encountered, if any, in applying the Convention in practice.

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