Migration for Employment Convention (Revised), 1949 (No. 97) - Cyprus (Ratification: 1960)

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Article 1(a) of the Convention. Information on national policies, laws and regulations. The Committee notes that, according to the 2019 conclusions of the European Commission against Racism an Intolerance (ECRI), a call for proposals for a National Plan on Integration of Migrants for the years 2020–2022 was published in January 2018 and the Civil Registry and Migration Department would enter into an agreement with a joint venture for the drafting of the above-mentioned plan as well as its promotion and implementation, following consultations with government bodies, local authorities, non-governmental organizations, international organizations, immigrant organizations and academics (CRI(2019)23). Welcoming this information, the Committee asks the Government to provide updated information on any progress made in the elaboration, adoption and implementation of a National Plan on Integration of Migrants for 2020–2022.

Directive (EU) 2018/957 amending Directive 96/71/EC concerning the posting of workers in the framework of the provision of services. The Committee welcomes the adoption of Directive (EU) 2018/957, pursuant to which Member States of the European Union shall apply to posted workers the terms and conditions of employment of the host country in a series of matters, including remuneration, maximum work periods and minimum rest periods, minimum paid annual leave, minimum age, health, safety and hygiene at work, and accommodation. The Committee notes that Member States of the European Union shall adopt by 30 July 2020, the laws, regulations and administrative provisions necessary to comply with this Directive.

Articles 2, 4 and 7. Free services and assistance to migrant workers. The Committee previously noted that the Action Plan for the Integration of Immigrants 2010–2012 provided for measures on the reception of and services to third-country nationals and public awareness-raising including publication of information materials for immigrants, in several languages, in cooperation with the social partners. While regretting the lack of information provided by the Government on free services and assistance provided to migrant workers, the Committee notes that the Council of Europe Commissioner, in the context of the Universal Periodic Review (UPR), invited the Government to provide more adequate accommodation and social aid to migrant workers victims of trafficking (A/HRC/WG.6/32/CYP/3, 7 November 2018, paragraph 35). The Committee again asks the Government to provide information on the type of free services and assistance provided to migrant workers, in particular migrant women and victims of trafficking, as well as on the manner in which such services and assistance are being organized.

Article 3. Misleading propaganda. The Committee previously noted the Private Employment Agencies Law No.126(I) and Regulations (Regulative Administrative Action 280) of 2012 regulating the licensing and operation of private employment agencies, by prohibiting them from providing wrong information as regards the terms and conditions of employment and the qualifications of the applicant, and providing for control mechanisms which may lead to the withdrawal of an agency’s operating licence and the imposition of administrative and penal sanctions. The Committees notes the Government’s indication, in its report, that, in 2016, the Department of Labour disseminated informative leaflets in English on the main provisions of Law No. 126(I)/2012. The Government adds that, in 2016 and 2017, respectively 126 and 100 private employment agencies were inspected. Each year, nine licenses were revoked. The Government states that administrative fines were imposed on two agencies which operated in violation of the legislative provisions, more particularly because they provided false information regarding terms and conditions of employment and exploited third country nationals. Noting with interest the ratification of the Protocol of 2014 to the Forced Labour Convention, 1930 (No. 29), on 1 February 2017, the Committee points out that, in April 2019, in the context of the UPR, the Government indicated that steps were taken towards the ratification of the Private Employment Agencies Convention, 1997 (No. 181) (A/HRC/41/15, 5 April 2019, paragraph 53). The Committee however notes that, in their 2018 and 2016 concluding observations, the United Nations (UN) Committee on the Elimination of Discrimination against Women (CEDAW) and the Committee on Economic, Social and Cultural Rights (CESCR), respectively, expressed concern about: (i) the insufficient monitoring of private employment agencies despite their reported involvement in trafficking networks; and (ii) the insufficient enforcement of the regulatory framework and low number of convictions, despite the high number of identified trafficking victims (CEDAW/C/CYP/CO/8, 25 July 2018, paragraph 28 and E/C.12/CYP/CO/6, 28 October 2016, paragraph 33). The Committee asks the Government to provide information on the measures taken to effectively monitor private employment agencies and protect migrant workers from misleading propaganda regarding terms and conditions of work, including in the framework of Law No. 126(I)/2012. The Committee also asks the Government to continue to provide information on public awareness-raising activities undertaken on the relevant legislative provisions and case law, the procedures and remedies available, targeting in particular migrant workers, as well as on the number of inspections of private employment agencies carried out, and the number and nature of violations identified and sanctions imposed.

Article 6. Equality of treatment. Hotel and tourism sector. The Committee previously noted that concerns existed regarding the conditions of employment of foreign workers in the hotel and restaurant sector and that the Equality Authority was monitoring the conditions of work of European Union (EU) citizens working in the hotel industry. The Committee notes that, according to the statistical information provided by the Government, in 2016, joint inspection units inspected 849 premises in the hotel and tourism sector (corresponding to 13.2 per cent of the inspections carried out), where it was found that 22 third-country nationals were not declared and seven were working without a work permit. While noting that migrant workers who are working in the hotel and tourism sector are still mainly EU citizens, the Committee notes that the Government did not provide any other information concerning the working conditions of migrant workers in this sector. The Committee again asks the Government to provide information on any steps taken to ensure equal treatment of migrant workers, including EU citizens, in the hotel and tourism 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. Referring to its previous comments where it requested the Government to provide information on the relevant legislative 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, the Committee notes the Government’s general statement that section 18 ΙD (1) of the Aliens and Immigration Law, Cap. 105 of 1952, as amended, provides that long-term residency status can only be revoked if it has been acquired under fraudulent conditions, or if the said person with long-term residency status constitutes a public threat. The Committee asks the Government to provide information on the application in practice of section 18 ΙD (1) of the Aliens and Immigration Law, Cap. 105 of 1952, as amended, as well as on any case or complaint from third-country nationals based on this legal provision dealt with by competent authorities. It also asks the Government to indicate whether any legal provision has been adopted to explicitly ensure 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.

Statistics. 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.

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

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

In order to provide a comprehensive view of certain issues relating to the application of the ratified Conventions on migrant workers, the Committee considers it appropriate to examine Conventions Nos 97 (migration for employment) and 143 (migrant workers) together.

Article 6 of Convention No. 97 and Articles 10 and 12 of Convention No. 143. Equality of opportunity and treatment. The Committee previously noted the adoption of new legislation to guarantee equality of treatment between national and migrant workers. It notes the Government’s indication, in its report, that the social security scheme covers every person gainfully occupied and does not make any distinction between nationals and non-nationals. Furthermore pensions paid by the social security scheme are exported to the beneficiaries who reside abroad without any restrictions. Referring to its previous comments, the Committee notes that the Government did not provide any information on the nature and impact of measures taken to implement the Action Plan for the Integration of Immigrants who are Legally Residing in Cyprus (2010–2012) and the Strategy on the Employment of Foreign Workers of 2007. While noting that such programmes do not seem to have been extended, the Committee refers to its 2019 observation on the application of both the Equal Remuneration Convention, 1951 (No.100), and the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), where it notes that several United Nations (UN) treaty bodies expressed concern about the discrimination experienced by migrant workers, inter alia, in accessing employment, as well as the increasing discriminatory attitudes and racial stereotypes relating to persons of foreign origin. Recalling that it previously noted the precarious situation and vulnerability of migrant domestic workers, the majority of whom are women, as well as the absence of a monitoring system of their working conditions, the Committee notes that migrant domestic workers are still limited to two changes of employer over a six-year period and that change of sector is only possible with the approval of the Minister of the Interior. It notes that, in their 2018 and 2017 concluding observations respectively, the UN Committee on the Elimination of Discrimination against Women (CEDAW) and the UN Committee on the Elimination of Racial Discrimination (CERD) remained concerned about: (i) the persistent exploitation faced by migrant domestic workers and the difficulties they encounter in changing employers; (ii) the obstacles impeding access to justice for women migrant domestic workers, including the fear of detention and deportation while legal proceedings are pending; as well as (iii) the lack of regular labour inspections to monitor the working conditions and employment contracts of women migrant domestic workers (CEDAW/C/CYP/CO/8, 25 July 2018, paragraph 38, and CERD/C/CYP/CO/23-24, 2 June 2017, paragraph 22). In this regard, the Committee notes that, in the report it made in the context of the Universal Periodic Review (UPR), the Government indicated that the ratification of the Domestic Workers Convention, 2011 (No. 189), was under consideration (A/HRC/WG.6/32/CYP/1, 13 November 2018, paragraph 8). The Committee further notes that, in April 2019, the Human Rights Council, in the context of the UPR, recommended that the Government take concrete actions to strengthen the capacity of labour inspectors and the police to improve oversight of the working conditions of domestic workers and prevent them from labour exploitation (A/HRC/41/15, 5 April 2019, paragraph 139). Noting from Eurostat that, in 2018, the highest number of first-time asylum seeker applicants relative to the population was recorded in Cyprus, where their number rose by more than 70 per cent, the Committee notes that several UN treaty bodies expressed specific concern at the differential treatment and the very limited range of employment opportunities of asylum seekers, who are allowed to work only in certain sectors, mostly in remote areas without adequate transport or accommodation provided, and receive some welfare benefits in the form of vouchers. They called on the Government to guarantee asylum seekers equal labour rights and equal rights to welfare benefits (CEDAW/C/CYP/CO/8, 25 July 2018, paragraph 36; CERD/C/CYP/CO/23-24, 2 June 2017, paragraphs 17 and 20; and E/C.12/CYP/CO/6, 28 October 2016, paragraphs 15 and 16). In that regard, the Committee notes that, in 2016, the Ombudsman highlighted the harsh situation facing young African women seeking asylum, whose welfare grants were interrupted when they refused to take up jobs in agriculture or livestock farms, where they would have to reside on the farm, possibly in the same accommodation with men and without childcare facilities while being pregnant or with infants. While the report of the Ombudsman concluded that the current policy framework leads to indirect discrimination on multiple grounds, the policy of forcing asylum seekers to accept the worst jobs in the labour market persists in spite of the Ombudsman’s recommendations (European Commission, Country report on non-discrimination, Cyprus, 2018, page 74). Referring to its 2019 comments on the application of the Equal Remuneration Convention, 1951 (No. 100), and the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the Committee urges the Government to strengthen its efforts to ensure equality of opportunity and treatment for migrant workers, both European Union citizens and third-country nationals, and more particularly migrant domestic workers, by: (i) enhancing and expanding their access to employment opportunities, including by removing the restrictions imposed on domestic workers wishing to change employers; (ii) ensuring regular labour inspections of workplaces, mainly in sectors where migrant workers are most represented, such as domestic work and agriculture; (iii) raising public awareness of the relevant legislative provisions, the procedures and remedies available; as well as (iv) enhancing migrant workers’ access to justice without fear of detention or deportation, both while legal proceedings are pending and also at earlier investigative stages. It asks the Government to provide information on any proactive measures undertaken – including in the framework of any plan, strategy or policy adopted since the Action Plan for the Integration of Immigrants who are Legally Residing in Cyprus which ended in 2012 – to shape the national equality policy for foreign workers and on the involvement of workers’ and employers’ organizations in this context. The Committee asks the Government to provide information on the number and nature of cases or complaints of unequal treatment of migrant workers that have been detected or dealt with by the labour inspectors, the Ombudsman, the courts or any other competent authorities, concerning in particular terms and conditions of work of migrant workers, including remuneration, social security, and accommodation as referred to in Article 6(1)(a) and (b) of Convention No. 97.

The Committee is raising other matters in requests addressed directly to the Government.

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

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).

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes that during the period under review substantial changes have occurred regarding the employment of foreign workers as well as the free movement and residence of foreign workers due to the accession of Cyprus to the European Union as of 1 May 2004. The Committee notes that the Government elaborated a New Strategy on the Employment of Foreign Workers in 2007 and adopted comprehensive new legislation relevant to the application of the Convention. The Committee notes in this regard the many legislative texts attached to the Government’s report which could not be translated in time for this session of the Committee. Awaiting translation, the Committee will examine these texts at its next session.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

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 the communication dated 30 October 2003 from the Plalmoori Contract Labour Union concerning the case of a migrant worker of Indian nationality employed in Cyprus, which had been sent to the Government. It is alleged that the employer in question did not pay the entirety of the wages due. In this regard the Committee recalls its previous comments regarding Article 6 of the Convention and requests the Government to provide information on the measures taken to ensure that immigrants lawfully on the territory of Cyprus receive treatment no less favourable in respect of the matters enumerated in Article 6, subparagraphs (a) to (d), than that which applies to Cypriot nationals, without discrimination in respect of nationality, race, religion or sex. Further, the Committee recalls its previous direct request, which read in relevant parts as follows:

1. Articles 2 and 3 of the Convention. The Committee notes with interest the enactment of the Private Employment Agencies Law (Law No. 8(I) of 1997) which aims at strengthening further the existing measures towards the protection of migrant workers. This law prohibits private employment agencies from supplying false information regarding the terms and conditions of work of applicants and provides for control mechanisms which may lead to withdraw an agency’s operating licence and impose penalties for infringement of the law. The Committee would be grateful if the Government would continue to supply information on the enforcement of the new provisions.

2. Article 6. The Committee would be grateful if the Government would indicate the measures taken or envisaged to ensure that women migrant workers are treated on a par with their male counterparts, foreign or otherwise, in respect of working and living conditions, social security, work-related taxes, and access to the justice system – in view of the growing feminization of migration for employment (see paragraphs 20–23 and 658 of the General Survey of 1999 on migrant workers).

3. Part V of the report form. The Committee notes the information and statistical data supplied in the Government’s report. It asks the Government to continue to provide general information on the manner in which the Convention is applied, in accordance with Part V of the report form.

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

The Committee notes the communication dated 30 October 2003 from the Plalmoori Contract Labour Union concerning the case of a migrant worker of Indian nationality employed in Cyprus, which had been sent to the Government. It is alleged that the employer in question did not pay the entirety of the wages due. In this regard the Committee recalls its previous comments regarding Article 6 of the Convention and requests the Government to provide information on the measures taken to ensure that immigrants lawfully on the territory of Cyprus receive treatment no less favourable in respect of the matters enumerated in Article 6, subparagraphs (a) to (d), than that which applies to Cypriot nationals, without discrimination in respect of nationality, race, religion or sex. Further, the Committee recalls its previous direct request, which read in relevant parts as follows:

1. Articles 2 and 3 of the Convention. The Committee notes with interest the enactment of the Private Employment Agencies Law (Law No. 8(I) of 1997) which aims at strengthening further the existing measures towards the protection of migrant workers. This law prohibits private employment agencies from supplying false information regarding the terms and conditions of work of applicants and provides for control mechanisms which may lead to withdraw an agency’s operating licence and impose penalties for infringement of the law. The Committee would be grateful if the Government would continue to supply information on the enforcement of the new provisions.

2. Article 6. The Committee would be grateful if the Government would indicate the measures taken or envisaged to ensure that women migrant workers are treated on a par with their male counterparts, foreign or otherwise, in respect of working and living conditions, social security, work-related taxes, and access to the justice system - in view of the growing feminization of migration for employment (see paragraphs 20-23 and 658 of the General Survey of 1999 on migrant workers).

3. Part V of the report form. The Committee notes the information and statistical data supplied in the Government’s report. It asks the Government to continue to provide general information on the manner in which the Convention is applied, in accordance with Part V of the report form.

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

The Committee takes note of the information provided in the Government’s report.

1. Articles 2 and 3 of the Convention. The Committee notes with interest the enactment of the Private Employment Agencies Law (Law No. 8(I) of 1997) which aims at strengthening further the existing measures towards the protection of migrant workers. This law prohibits private employment agencies from supplying false information regarding the terms and conditions of work of applicants and provides for control mechanisms which may lead to withdraw an agency’s operating license and impose penalties for infringement of the law. The Committee would be grateful if the Government would continue to supply information on the enforcement of the new provisions.

2. Article 6. Recalling that under paragraph 1 of this Article, every State which has ratified the Convention undertakes to apply, without discrimination in respect of nationality, race, religion or sex, to immigrants lawfully within its territory, treatment no less favourable than that which it applies to its own nationals in respect of the matters enumerated in subparagraphs (a) to (d) of this Article, the Committee would be grateful if the Government would indicate the measures taken or envisaged to ensure that women migrant workers are treated on a par with their male counterparts, foreign or otherwise, in respect of working and living conditions, social security, work-related taxes, and access to the justice system - in view of the growing feminization of migration for employment (see paragraph 20-23 and 658 of the General Survey of 1999 on migrant workers).

3. Part V of the report form. The Committee notes the information and statistical data supplied in the Government’s report. It asks the Government to continue to provide general information on the manner in which the Convention is applied, in accordance to Part V of the report form.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee takes note of the information provided in the Government's report.

Articles 2 and 3 of the Convention. The Committee notes that the Ministry of Labour and Social Insurance has pursued the preparation and discussion with employers' and workers' organizations, within the framework of the Labour Advisory Boards, of a draft law on the establishment and operation of private employment agencies. The aim of the draft law is to strengthen further the existing measures towards the protection of migrant workers. The Committee requests the Government to supply information on any developments in this respect.

Point V of the report form. The Committee notes the information and statistical data supplied in the Government's report. It asks the Government to continue to provide general information on the manner in which the Convention is applied (e.g., extracts from labour inspection reports, information on practical difficulties in the application of the Convention, etc.), in accordance with point V of the report form.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes with regret that the Government's report has not been received. It hopes again that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

Article 1 of the Convention. The Committee noted the Government's previous report and the adoption in December 1991, of the "Criteria and Procedure for the Granting of Work Permit to Foreigners/Remuneration and Terms of Employment". The Committee asks the Government to explain the relationship between Chapter A, section 1(b), and section 2(c), and whether, under the terms of these provisions, work permits will be granted to foreigners in cases in which the enterprise encounters problems of safety, health or welfare in working conditions.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

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 following matters raised in its previous direct request:

Article 1 of the Convention. The Committee noted the Government's previous report and the adoption in December 1991, of the "Criteria and Procedure for the Granting of Work Permit to Foreigners/Remuneration and Terms of Employment". The Committee asks the Government to explain the relationship between Chapter A, section 1(b), and section 2(c), and whether, under the terms of these provisions, work permits will be granted to foreigners in cases in which the enterprise encounters problems of safety, health or welfare in working conditions.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

Article 1 of the Convention. The Committee notes the Government's report and the adoption in December 1991, of the "Criteria and Procedure for the Granting of Work Permit to Foreigners/Remuneration and Terms of Employment". The Committee asks the Government to explain the relationship between Chapter A, section 1(b), and section 2(c), and whether, under the terms of these provisions, work permits will be granted to foreigners in cases in which the enterprise encounters problems of safety, health or welfare in working conditions.