Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Labour Inspection Convention, 1947 (No. 81) - Cyprus (Ratification: 1960)

Other comments on C081

Observation

Direct Request

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Article 3 of the Convention. Additional labour inspection duties entrusted to labour inspecors. The Committee previously noted the Government’s indication that the inspectors of the Department of Labour Relations (DLR) do not assume functions with regard to the enforcement of immigration law which is the exclusive domain of the police. The Committee further noted that, in cases where unregistered or irregularly employed workers are found, the inspectors of the DLR demand that their employer duly registers such employed persons in the Social Insurance Scheme, which covers every person gainfully occupied in Cyprus. In this regard, the Committee notes the additional information provided in the Government’s report that when members of the police force are present at inspections undertaken by joint inspection teams (DLR, Social Insurance Services, and Department of Labour), the police officers directly deal with cases of migrant workers whose status is irregular. When the police are not present and such workers are detected, the joint inspection team immediately notifies the police force’s Foreigner and Immigration Unit. In this context, the Committee also notes that the Government has once again not provided the requested information on the cases in which workers found to be in an irregular employment relationship have been granted their due rights, and the cases in which employers have been penalized for having deprived these workers of their rights. Recalling the authority and impartiality necessary for the effective discharge of the functions of the labour inspectors, the Committee requests that the Government take further measures to ensure the separation of control activities of the police related to migrant workers in an irregular situation from the activities of the labour inspectorate. The Committee also once again requests that the Government provide detailed information on the actions taken by labour inspection services to ensure that employers meet their obligations in the case of migrant workers in an irregular situation. This should include the payment of wages and social security and other benefits, including compensation for occupational accidents, for the effective period of their employment relationship, especially in cases where such workers are liable to be expelled from the country. In this regard, it requests that the Government provide information on the number and nature of cases in which undocumented workers have been granted their due rights and have been registered in the Social Insurance Scheme (and to provide copies of any decisions taken in this regard).

Articles 3(1) and 13. Functions of the labour inspection system in the area of occupational safety and health and preventive measures. The Committee notes the Government’s information in response to its previous request concerning the preventive measures of the labour inspectorate in sectors with a high number of industrial accidents and their positive impact.

Articles 3 and 17. Activities of the labour inspectorate in the area of non-discrimination. The Committee previously noted the Government’s indication in its report that labour inspectors not only secure the enforcement of the applicable legal provisions of Equal Treatment of Men and Women in Employment and Vocational Training Law (No. 205(I)/2002), but also facilitate a settlement between the parties. The Committee notes that the Government has not provided a reply in response to its previous requests made in this regard. The Committee therefore once again requests that the Government provide information on the number of programmed and complaint-driven visits which address equality issues, and on any awareness-raising activities carried out in this area by the labour inspectorate. The Committee also once again requests that the Government transmit to the Office copies of agreements reached pursuant to mediation as well as judicial decisions handed down on this subject.

Articles 14 and 21(g). Notification of industrial accidents and cases of occupational disease and relevant statistics. The Committee notes the Government’s information, in response to its previous request concerning the different measures taken to improve the reporting and notification of industrial accidents and cases of occupational disease, including: (i) the exchange of data between the labour inspectorate and the Social Insurance Services; (ii) efforts to increase the professional competencies of medical doctors through the organization of training; and (iii) the establishment of draft regulations for the health surveillance of workers providing for basic obligations of employers and physicians.