Working Conditions (Hotels and Restaurants) Convention, 1991 (No. 172) - Cyprus (Ratification: 1997)

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Article 3(1) of the Convention. Policy designed to improve the working conditions of hotel and restaurant workers. The Committee, in its previous comments, requested the Government to indicate the manner in which migrant workers who are not permitted to form trade unions may nevertheless benefit from the same conditions of work that are contained in the 2013–14 collective agreement for the hotel industry. In this respect, the Committee takes note of the Strategy for the Employment of Foreign Manpower, which regulates the entry of third country nationals with a temporary work permit issued for a specific employer and specific type of work. The Government indicates that, although employees, including migrant workers, who are not trade union members are not covered by the collective agreement, they have individual contracts with their employers. More specifically, according to the provisions of the Strategy for the Employment of Foreign Manpower and the Aliens and Immigration Law, a contract is always signed between the employer and the migrant worker that is ratified by the Department of Labour to ensure the basic rights of the third country national based on the Employment Law and the relevant collective agreements, where these exist. The Committee notes that according to the Strategy for the Employment of Foreign Manpower, no employer will be granted permission to employ a third country national with a temporary work permit unless they comply with the provisions of the Employment Law and the collective agreements where they exist. The Government also indicates that migrant workers’ rights are protected by the Equal Treatment in Employment and Occupation Law of 2004, which prohibits any discrimination in terms of employment because of the employees’ nationality. As for the implementation during 2013–14 of the new “Scheme providing incentives for hiring the unemployed in the Hotel, Food and general Tourism Industry”, the Committee notes that 1,257 people were employed by 181 enterprises under this framework. The Committee requests the Government to provide updated information on the implementation of the overall national policy for the improvement of the working conditions in hotels, restaurants and similar establishments and its impact, including on migrant workers employed in the sector. The Committee also requests the Government to provide information regarding developments in relation to the implementation of the Strategy for the Employment of Foreign Manpower.

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

Article 3 of the Convention. National policy for the hotel and catering industry. Further to its previous comment concerning the situation of migrant workers in the hotel and catering sector, the Committee notes the Government’s statement that the employment of such workers is governed by the Aliens and Immigration Law and the applicable procedures that were set by the “Employment of Foreign Manpower Strategy” following tripartite consultations. The Government states that the Ministry of Labour and Social Insurance ensures the equal treatment of migrant workers with nationals through employment contracts, signed by both the employer and the migrant worker, which contain the main employment conditions in accordance with existing sectoral and enterprise-level collective agreements. In this respect, the Committee understands that a 2013–15 collective agreement in the hotel industry was accepted in May 2013, which covers approximately 16,000 skilled and unskilled workers. It further notes, however, that according to information published by the European Industrial Relations Observatory, some 4,000 immigrant workers are anticipated to be excluded from the scope of the agreement because their respective employers do not permit them to form unions. The Committee accordingly requests the Government to provide further explanations as to how it is ensured that migrant workers who are not permitted to form unions may benefit from the same conditions of work that are contained in the 2013–15 collective agreement in the hotel industry. The Committee also requests the Government to submit a copy of the Employment of Foreign Manpower Strategy. Further, the Committee understands that a new incentive project for employment of the unemployed in the hotels, restaurants and catering sector, which aims to create jobs for some 6,000 employees, has been in effect since July 2013. The Committee requests the Government to keep it informed of the implementation of this project and the results achieved.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 3 of the Convention. National policy for the hotel and catering industry. The Committee understands that over the past four years there have been tensions in the hotel industry arising from workers’ concerns regarding employment practices in relation to migrant labour. According to information published by the European Foundation for the Improvement of Living and Working Conditions, one fourth of the 16,000 workers in the hotel sector are immigrants while 17 per cent of all migrant workers are employed in the hotel and restaurants sector. Trade unions have drawn attention to the foreign labour (including employees from other EU Member States such as Slovakia and Poland) who are increasingly hired at the expense of Cypriot workers, and negatively impact on the prospects and terms and conditions of employment of the domestic labour force, particularly in sectors such as tourism and catering, where seasonal unemployment is high. The Committee requests the Government to provide detailed particulars on the situation of migrant workers in the hotel and catering sector and describe how this parameter is addressed in the context of an overall national policy for the improvement of the working conditions in hotels, restaurants and similar establishments.

Article 5, paragraph 1. Compensation for work performed on public holidays. The Committee notes that in September 2006 a new collective agreement was concluded for the hotel sector with the Government’s mediation. The Committee understands, however, that agreement could not be reached on certain non-pay issues which had to be deferred for further consultations, including the manner in which employees should be compensated for work done on Sundays and holidays that coincide with a day off or a weekend. Recalling that the Convention requires appropriate compensation in time or remuneration – as determined by collective bargaining or in accordance with national law and practice – for hotel and restaurant employees who are obliged to work on public holidays, the Committee requests the Government to provide additional explanations and specify whether the consultations following the adoption of the new collective agreement for the hotel sector have been conclusive in this regard.

Part V of the report form. Application in practice. The Committee notes the statistical information concerning the number of workers employed in the hotel and catering industry as well as the number of inspection visits conducted in places of entertainment, restaurants and catering services in the period 2004–07. The Committee would appreciate if the Government would continue supplying general information on the practical application of the Convention, including for instance statistics on the number of workers covered by the relevant legislation, if possible broken down by gender and age, labour inspection results, copies of collective agreements currently in force in the hotel and catering sector, extracts from official reports or surveys addressing labour issues in the tourism sector, etc.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee takes due note of the Government’s report and the attached documentation. It notes, in particular, the adoption of the Hotel Employees (Conditions of Service) Amendment Regulations P.I.254/2002 and the Catering Employees (Conditions of Service) Amendment Law No. 65(I)/2002 which provide for an annual leave with pay of at least four weeks for all hotel and catering employees. It also notes that the latter enactment has reduced the weekly working hours of catering employees from 50 to 48 and the daily working hours from nine to eight.

Article 5, paragraph 3, of the Convention. The Committee recalls its previous comments in which it asked the Government to specify the requirements for granting of paid leave to hotel and catering employees whose period of service is not of sufficient duration to qualify them for full annual leave, and to indicate whether those employees are entitled to payment of wages in lieu in case they do not meet such requirements. In its reply, the Government indicates that following the adoption of the Hotel Employees (Conditions of Service) Amendment Regulations P.I.254/2002 and the Catering Employees (Conditions of Service) Amendment Law No. 65(I)/2002, employees whose period of service is not of sufficient duration to qualify them for full annual leave will be entitled to a proportional period of leave or to payment of wages in case of termination of their contract of employment, in accordance with the relevant provisions of the Annual Holidays with Pay Laws of 1967-2001. The Government further adds that when payment of annual leave is made by the Central Holiday Fund workers are entitled to be paid from the Fund for the proportionate length of annual leave provided that they have completed 13 weeks of service whereas no payment is made for those with less than 13 weeks of service. While noting with interest the legislative amendments outlined above, the Committee would be grateful if the Government would clarify whether and how the workers’ entitlement to paid leave irrespective of their period of service, as required under this Article of the Convention, is protected in the case of holiday pay claims administered by the Central Holiday Fund.

Part V of the report form. The Committee notes the Government’s indication that the average number of inspections during the period 1997-2000 was approximately 300 per year and that a number of grievances were settled at the workplace, while in 2001 four grievances were examined and settled by the tripartite Committee on Employment Conditions in Hotels set up under section 3(1) of the Hotel Employees  (Conditions of Service) Regulations. The Committee trusts that the Government will continue to supply up-to-date information on the practical application of the Convention, including for instance statistics on the number of workers employed in the hotel, restaurants and catering industry, labour inspection results, difficulties encountered in the enforcement of relevant legislation, extracts from officials reports and recent surveys addressing questions related to the employment conditions in the tourism sector in general and any other particulars bearing on the effect given to the requirements of the Convention in national law and practice.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes with interest the information supplied in the Government’s first report. It requests the Government to provide information on the following points.

Article 5(3) of the Convention. The Committee notes that by virtue of section 10, paragraph 2, of the Regulations concerning hotel employees (conditions of work), 1972, as amended in 1978, and section 5 of the Regulations concerning employees of amusement centres (conditions of work), workers are entitled to annual leave with pay, provided their period of service exceeds one year, whereas workers whose period of service is less than one year but who meet or have met the requirements for the granting of annual leave with pay are entitled to paid leave of proportional length. The Committee recalls that in cases where their contract expires or their period of continuous service is not of sufficient duration to qualify them for full annual leave, the workers concerned should be entitled to paid leave proportionate to the length of service or payment of wages in lieu, in accordance with the provisions of this Article. Consequently, the Committee asks the Government to specify the requirements for granting of paid leave to workers whose period of service is not of sufficient duration to qualify them for full annual leave, and to indicate whether workers are entitled to payment of wages in lieu in case they did not meet such requirements.

Part V of the report form. The Committee requests the Government to continue to supply information as to the manner in which the Convention is applied in practice, including, if possible, statistical data concerning the activities of labour inspection services reporting the number and nature of infringements registered.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes with interest the information supplied in the Government’s first report. It requests the Government to provide information on the following points.

Article 5(3) of the Convention. The Committee notes that by virtue of section 10, paragraph 2, of the Regulations concerning hotel employees (conditions of work), 1972, as amended in 1978, and section 5 of the Regulations concerning employees of amusement centres (conditions of work), workers are entitled to annual leave with pay, provided their period of service exceeds one year, whereas workers whose period of service is less than one year but who meet or have met the requirements for the granting of annual leave with pay are entitled to paid leave of proportional length. The Committee recalls that in cases where their contract expires or their period of continuous service is not of sufficient duration to qualify them for full annual leave, the workers concerned should be entitled to paid leave proportionate to the length of service or payment of wages in lieu, in accordance with the provisions of this Article. Consequently, the Committee asks the Government to specify the requirements for granting of paid leave to workers whose period of service is not of sufficient duration to qualify them for full annual leave, and to indicate whether workers are entitled to payment of wages in lieu in case they did not meet such requirements.

Part V of the report form. The Committee requests the Government to continue to supply information as to the manner in which the Convention is applied in practice, including, if possible, statistical data concerning the activities of labour inspection services reporting the number and nature of infringements registered.