Demande directe (CEACR) - adoptée 2019, publiée 109ème session CIT (2021)

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

Autre commentaire sur C081

Observation

Demande directe

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Articles 1 and 4 of the Convention. Organization of the labour inspection system. The Committee notes the Government’s indication in its report that in 2017, the Cyprus Council of Ministers established the Centralized Labour Inspectorate (CLI) to focus on inspection for undeclared work, terms and conditions of employment, and inspections regarding various labour-related issues, excluding occupational safety and health, (OSH) which is covered by the Department of Labour Inspection (DLI). The Government states that the CLI assists with the enforcement of labour legislation falling under the authority of the Department of Labour Relations (DLR) and the Department of Labour and Social Insurance Services. The Committee requests the Government to provide further information on the impact of the establishment of the CLI on the functioning of the labour inspection system, as well as on its relationship with the DLI and the DLR.

Article 3(2). Additional labour inspection duties entrusted to labour inspectors. The Committee previously noted the Government’s indication that when members of the police force are present at inspections undertaken by joint inspection teams, the police officers deal directly with the cases of migrant workers whose status is irregular. If police officers are not present, the joint inspection team immediately notifies the police force’s Foreigner and Immigration Unit when such workers are detected. The Committee requested the Government to take further measures to ensure the separation of the police’s monitoring activities related to migrant workers in an irregular situation from the activities of the labour inspectorate.

The Committee notes that the Government reiterates in its report that the DLR is not the competent authority for the enforcement of immigration law but that it cooperates, within its remit, with the Cyprus Police when dealing with such cases. The Government states that cases of irregular workers are dealt with in cooperation with the police and the Ministry of the Interior. In this respect, the Committee notes the information provided in the Government’s report from the DLR and CLI indicating that these two inspection authorities gathered detailed information on the number of migrant workers covered by inspection visits in 2015, 2016 and 2017, including the number of “unregistered foreign employees” and the number of “illegal foreign employees” detected.

The Committee recalls that, pursuant to Article 3 of the Convention, the functions of the labour inspection system are to secure the enforcement of the legal provisions relating to conditions of work and the protection of workers while engaged in their work, and that any further duties which may be entrusted to labour inspectors shall not be such as to interfere with the effective discharge of their primary duties. In its 2006 General Survey concerning labour inspection, paragraph 78, the Committee indicated that any function of verifying the legality of employment should have as its corollary the reinstatement of the statutory rights of all the workers if it is to be compatible with the objective of labour inspection, which is to protect the rights and interests of all workers and to improve their working conditions. The Committee requests the Government to take measures to ensure that the functions assigned to labour inspectors do not interfere with the main objective of labour inspectors of ensuring the protection of workers in accordance with labour inspectors’ primary duties (as provided for in Article 3(2)), including further measures to separate labour inspectors from police activities related to migrant workers in an irregular situation. It also requests the Government to provide information on specific measures undertaken by the inspectorate to ensure the enforcement of the rights of migrant workers found to be in an irregular situation.

Articles 3 and 17. Activities of the labour inspectorate in the area of non-discrimination. The Committee takes note of the Government’s indication, in response to its previous request concerning non-discrimination that, in 2017: (i) a total of 18 cases of contraventions of the Equal Treatment of Men and Women in Employment and Vocational Training Act (No. 205(I)/2002) were recorded and investigated, and one case resulted in criminal prosecution; and (ii) out of a total of 17 cases investigated regarding contraventions of maternity protection legislation, three cases led to criminal proceedings, nine were settled out of court and five were still being investigated. In this regard, the Committee refers to its detailed comments under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111).

Article 16. Frequency of labour inspections and effective application of the relevant legal provisions. The Committee notes the information in the annual DLI reports communicated by the Government indicating a continual decrease in the number of OSH inspections (from 4,191 in 2015 to 3,228 in 2018). It also notes with concern an increase in the number of occupational accidents reported (from 1,596 in 2015 to 2,156 in 2018). It further notes the Government’s indication that the main factors which determine the sectors of economic activity to be targeted by the DLI for inspection are the frequency indices for accidents at work (per sector), the information and enforcement campaigns planned by the European Union Senior Labour Inspectors’ Committee and EU–OSHA, as well as the Cyprus National Strategy for OSH for the period 2013–20. The Committee requests the Government to provide further information on the manner in which it ensures that workplaces are inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions. In this respect, it requests the Government to provide information on the reasons for the decline in the number of inspections undertaken by the DLI between 2015 and 2018, and to continue to provide information on the manner in which it determines the priorities for inspection. The Committee further requests the Government to continue to provide information on the number of labour inspectors, inspection visits, the number of violations detected and penalties imposed. Lastly, it requests the Government to provide an explanation for the increased number of occupational accidents reported, and to continue to provide relevant statistical information in this respect.

Article 18. Adequacy of penalties for violations. The Committee notes the information in the Annual Report of the DLI that the total amount of fines charged for contraventions of safety and health laws has decreased substantially from 2015 to 2018, and that there have been no contraventions detected or fines imposed in 2017 and 2018 with respect to several laws including those regulating chemical agents and asbestos. The Committee requests the Government to provide information on the reasons for the decline in the contraventions detected and the subsequent fines charged for various safety and health laws. It also requests the Government to provide information on the amount of fines collected in relation to fines charged.