Demande directe (CEACR) - adoptée 2013, publiée 103ème session CIT (2014)

Convention (n° 97) sur les travailleurs migrants (révisée), 1949 - Chypre (Ratification: 1960)

Autre commentaire sur C097

Observation

2019

Demande directe

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Article 1(a) of the Convention. Information on national policies, laws and regulations. The Committee notes the measures taken since 2007 with a view to harmonizing the national legislation concerning migration with the relevant European Directives, including the Directive of the European Council and the Parliament of 25 May 2009 on the conditions of entry and residence of third-country nationals for the purpose of highly qualified employment (2009/50/EC). The Committee notes in particular the Aliens and Immigration Law (Cap. 105 as amended up to Law No. 8(I) of 2007), the Aliens and Immigration (Amendment) Law No. 184(1) of 2007, the Aliens and Immigration (Amendment) Law No. 126(I) of 2012, and the Law No. 7(1) of 2007 on the Rights of Citizens of the European Union and their Family Members to Move and Reside Freely within the Territory of the Republic. The Committee notes that nationals of the Member States of the European Union (EU) and the European Economic Area (EEA) are free to enter, stay and work in the country and that the right to free movement and residence is extended to family members of EU citizens irrespective of nationality. The Strategy on the Employment of Foreign Workers (2007) established a comprehensive framework for regulating the temporary employment of third-country nationals, and a Special Experts Committee on Integration of Immigrants, established by the Ministry of Labour, developed a National Action Plan for the Integration of Immigrants Who are Legally Residing in Cyprus (2010–12), in particular third-country nationals lawfully residing in Cyprus, including recognized refugees, individuals under international protection status and partially to asylum seekers. Please continue to provide information on any new legislative and policy measures aimed at giving effect to the provisions of the Convention.

Statistics. The Committee notes from the statistics provided by the Government that in 2011, there were 62,087 third-country nationals and 61,006 EU citizens employed in Cyprus. When looking at employment in the various economic activities, 41.6 per cent of the third-country nationals were employed in private households, followed by wholesale and retail trade (11.6 per cent), hotel and restaurants (8.6 per cent), agriculture/livestock/hunting/forestry (6.9 per cent), and construction (6.7 per cent). Among EU citizens, the majority are employed in hotel and restaurants (24.6 per cent), followed by wholesale and retail trade (17.4 per cent), construction (15.5 per cent) and manufacturing (11.2 per cent). Less than 1 per cent of the workers who are EU citizens are employed in private households. 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.

Articles 2, 4 and 7. Free services and assistance to migrant workers. The Committee notes that the Action Plan for the Integration of Immigrants includes measures on the reception of and services to third-country nationals and public awareness raising, including publication of information materials for immigrants, in cooperation with the social partners. In this regard, it notes with interest the information leaflets on “Rights and Obligations of Foreign Employees (Third Country Nationals)”, published in six languages and disseminated through district labour offices and district alien and immigration branches of the police, and the “Cyprus Guide. Information for Third Country Nationals” published by the Ministry of Interior. Information on employment is also published in Greek, Turkish and English on the website of the Department of Labour, which participates in the European Employment Services Network (EUROS) and coordinates the Cypriote competent authorities in providing information to authorities in other member States regarding transnational employment. The Committee asks the Government to continue to provide information on the type of free services and assistance provided to migrant workers, including any information specifically targeting women migrants, and on the manner in which the provision of these services and assistance is being organized.

Article 3. Misleading propaganda. The Committee notes the Private Employment Agencies Law No. 126(I) of 2012 and the Private Employment Agencies Regulations of 2012 (Regulative Administrative Action 280 of 2012) regulating the licensing and operation of private employment agencies. The legislation prohibits private agencies from providing wrong information as regards the terms and conditions of employment and the qualifications of the applicant, and provides for control mechanisms which may lead to the withdrawal of an agency’s operating licence, and the imposition of administrative and penal sanctions for infringement of the Law. The Committee requests the Government to provide information on the enforcement of the provisions prohibiting employment agencies from supplying false information regarding terms and conditions of work, including the number and type of violations found and sanctions imposed. Please also provide information on any steps taken to prevent and combat the dissemination of false or misleading propaganda, including negative attitudes and xenophobic stereotypes about migrant workers, to the national population.

Article 6. Equality of treatment. The Committee notes the measures taken to harmonize the national legislation with the Directives 2000/78/EC, 2000/43/EC and 2006/54/EC of the European Parliament and the Council in the area of equality in employment and occupation. It notes in particular the Law on Equal Treatment between Men and Women in Employment and Vocational Training (Laws Nos 205(1)/2002, 191(1)/2003, 40(1)/2006 and 39(I)/2009), Law No. 58(1)/2004 on Equal Treatment in Employment and Occupation, which establishes a general framework for equal treatment irrespective of race, ethnic origin, religion or belief, age or sexual orientation, and the Law on Combating Racial and other Discrimination (Ombudsman) Law No. 42(I) of 2004. The Government also indicates that articles 1 and 7 of Regulation (EEC) No. 1612/68 of the Council of 15 October 1968 on freedom of movement for workers within the community have direct effect as national legislation and provide for the right of any national of a member State not to be treated differently from national workers for reason of nationality in respect of any conditions of employment or work, in particular as regards remuneration, dismissal, and should he or she become unemployed, reinstatement and reemployment. The Committee requests the Government to provide information on the practical application of the abovementioned legislation with respect to migrant workers, and in particular third-country nationals, lawfully in the country, including on any cases involving less favourable treatment of such workers with respect to matters listed in Article 6(1)(a)–(d) of the Convention, dealt with by the labour inspectorate, the competent judicial and administrative bodies, and the Equality Authority. With regard to such cases, please indicate the facts, rulings and remedies provided and penalties imposed.

Domestic workers. The Committee notes that in its concluding observations of 2013, the United Nations Committee on the Elimination of Discrimination Against Women (CEDAW) expressed deep concern at the precarious situation and vulnerability of domestic workers, most of whom are migrant women, as well as at the absence of a monitoring system of their working conditions. CEDAW noted the strikingly high number of complaints brought by domestic workers before the District Labour Relations Office (2,867 since 2010) which, in its view, pointed to the insufficient measures taken by the State to protect them (CEDAW/C/CYP/CO/6-7, paragraph 27, 1 March 2013). Noting the substantial number of third-country nationals involved in domestic work, the Committee requests the Government to indicate the measures taken to ensure that no less favourable treatment is applied in practice to migrant domestic workers lawfully in the country than that which is applied to nationals or other migrant workers, on the basis of nationality, race, sex or religion, with respect to matters listed in Article 6(1)(a)–(d) of the Convention. Please also indicate in this regard any measures taken to ensure the effective monitoring of the application in practice of the principle of equal treatment set out the legislation and the Convention with respect to conditions of work of migrant domestic workers.

Hotel and tourism sector. The Committee notes from information published on the website of the European Commission (European Report: Freedom of Movement of Workers 2010–11, page 85) that concerns exist regarding the conditions of employment of foreign workers in the hotel and restaurant sector. The Committee also understands that the Equality Authority has been monitoring the conditions of work of EU citizens working in the hotel industry. The Committee requests the Government to provide information on any steps taken to examine equal treatment of foreign workers, including EU citizens, in the hotel and restaurant 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. Please indicate the relevant legal 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.

Article 9. Transfer of earnings and savings. The Committee notes with interest that with the entry into force of the Capital Movement Law 115(I) of 2003 on 1 May 2004, the transfer restrictions previously applicable to migrant workers who were residents of Cyprus were abolished. All migrant workers, irrespective of residential status in Cyprus, may transfer abroad their earnings and savings without limitation.

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