Demande directe (CEACR) - adoptée 2012, publiée 102ème session CIT (2013)

Convention (n° 81) sur l'inspection du travail, 1947 - Chypre (Ratification: 1960)

Autre commentaire sur C081

Observation

Demande directe

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Articles 3(1)–(2), and 5(a) of the Convention. Functions of the labour inspection system and effective cooperation with other public and private institutions including the justice system. The Committee notes that, according to the Government’s report, the inspectors of the Department of Labour Relations (DLR) do not carry out functions relative to the enforcement of immigration law which is the exclusive domain of the Cyprus police force. Furthermore, the Government declares 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 either as an employed person or as a self-employed person. The Government also adds that Department of Labour Inspection (DLI) inspectors enforce the safety and health at work legislation in all branches of economic activity targeting the safeguarding of the safety, health, and well-being of all employed persons regardless of their status, self-employed persons as well as other persons who may be adversely affected by the manner in which work activities are conducted. Noting that the Government’s report does not specify the applicable legal provisions, the types of violations and the nature of the sanctions imposed by the courts in cases concerning undeclared work, as previously requested, the Committee once again asks the Government to provide more detailed information on legal proceedings instituted, and remedies and sanctions imposed on employers found to be in violation of the legal provisions relating to workers’ statutory rights including vis à vis undocumented foreign workers, and to furnish copies of legal decisions ordering the payment of outstanding wages to workers, including undocumented workers, who were found to be in an irregular employment relationship for the period worked. Also, the Committee requests the Government to specify any other measures taken by the DLR in case the workers found to be undeclared are illegally staying nationals of third countries.

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 from the Government’s report that as a result of various inspection campaigns targeting certain branches of activity, between 2003 and 2011, the frequency index of notified accidents during the course of work of employed persons decreased by 24.8 per cent for all branches of economic activity, and the number of fatal accidents decreased progressively. However, the annual report of the labour inspection for 2011 indicates that between 2009 and 2011, the number of accidents increased in specific sectors, notably, electricity, gas, steam and air-condition supply, accommodation and food service activities, and public administration and defence. The Committee requests the Government to indicate any preventive measures, including campaigns, taken by the DLI in these sectors and their impact.

Articles 3(1) and 17. Activities of the labour inspectorate in the area of non-discrimination. The Committee notes from the Government’s report that labour inspectors not only secure the enforcement of the applicable legal provisions established under the Equal Treatment of Men and Women in Employment and Vocational Training Law (No. 205(I)/2002), but they also facilitate a settlement between the parties. The Committee also notes from the Ministry of Labour and Social Insurance (MLSI) Annual Report of 2011 that the Department is currently concentrating its action on the enforcement, monitoring, and inspection of the application of labour legislation, with a focus, in particular, on the protection and safeguarding of employee rights and the elimination of the gender pay gap, through the continuous modernisation of labour legislation and strengthening of inspection mechanisms. The Committee once again asks the Government to transmit to the Office copies of agreements reached pursuant to mediation as well as judicial decisions handed down on this subject. The Committee would also be grateful if the Government would provide more detailed information on the number of programmed and complaints-driven visits which address equality issues, and on any awareness-raising activities carried out in this area by the labour inspectorate.

Articles 14 and 21(g). Notification of industrial accidents and cases of occupational disease and relevant statistics. Further to its previous comment, the Committee notes a slight increase in occupational accidents reported pursuant to the Safety and Health at Work (Accidents and Dangerous Occurrences Notification) Regulations, 2007 which required the notification of all accidents occurring to employed and self-employed persons arising out of their employment or occurring during their normal travel between home and their workplace. Furthermore, the Committee notes from the Government’s report that the DLI has begun to cooperate with the Social Security Services of the MLSI to exchange data on notification of occupational accidents to eliminate under-reporting and that the DLI has adopted a more systemic approach to informing employers of their obligation to report occupational accidents. According to the Government’s report, as a result of this cooperation, under-reporting has been reduced.

Concerning its previous comments on the recording and notification system for occupational diseases established by the abovementioned Regulation of 2007, the Committee also notes that the DLI is collaborating with the Social Security Services, the Ministry of Health and the Cyprus Medical Association to investigate new methods to increase the notification of occupational diseases and that the Government is working on the preparation of legislation to enforce the Health Surveillance System for Employed Persons.

The Committee would be grateful if the Government would keep the ILO informed of legislative and practical measures taken to improve the reporting and notification of industrial accidents and cases of occupational disease and of any progress noted in this regard. It once again requests the Government to describe the obstacles encountered in the recording and notification system established by the Safety and Health at Work (Occupational Diseases Notification) Regulations of 2007, and to indicate any measures taken or envisaged to increase the number of occupational physicians who, according to the Government’s previous report, are essential for the functioning of this system. Please also provide a copy of any legal text to enforce the Health Surveillance System for Employed Persons as soon as it is adopted.

Articles 20 and 21. Publication and transmission of an annual report on the work of the labour inspection services. The Committee notes the detailed information contained in the annual reports of the DLI for years 2010–11 which are available online on its website. The Committee nevertheless reminds the Government of the obligation of the central authority under Article 20 of the Convention to communicate to the ILO the annual general report activities on an ongoing basis. The Committee would be grateful if the Government would communicate to the ILO an annual report in line with Article 20 of the Convention containing all the information required in each clause of Article 21 (a)–(g). The Committee once again requests the Government to provide information on the measures taken to improve the registry of workplaces and to specify whether it contains information on the number of workers occupied in the registered workplaces.