Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

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

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.