Night Work Convention, 1990 (No. 171) - Cyprus (Ratification: 1994)

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

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

Article 9 of the Convention. Appropriate social services. In the absence of the Government’s reply on this point, and while recalling that the Convention offers the possibility of progressive implementation of the specific measures required by the nature of night work, the Committee once again requests the Government to indicate any concrete measures taken or envisaged in order to give effect to this Article of the Convention.

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

Article 5 of the Convention. First-aid facilities for night workers. The Committee notes the Government’s earlier statement that there are no specific provisions in the national legislation concerning first aid facilities for night workers, except for section 28 of the Safety and Health at Work Act No. 89(I)/96 that provides, in general, that every employer must have adequate equipment and facilities so that first aid may be provided in the case where employees are injured or taken ill during working hours. The Committee recalls, however, that the Convention requires that suitable first aid facilities be made available for workers performing night work, including arrangements whereby such workers, where necessary, can be taken quickly to a place where appropriate treatment can be provided. While recalling that the Convention offers the possibility of a progressive implementation of the specific measures required by the nature of night work, the Committee requests the Government to indicate the measures taken or envisaged in order to give effect to this requirement of the Convention.

Article 6, paragraphs 2 and 3. Persons medically unfit for night work. The Committee notes that under section 10(2) of the Organization of Working Time Act No. 63(I)/2002, persons who are medically unfit for night work are transferred, whenever possible, to a day work post for which they are fit. It recalls, however, that the Convention requires, in addition to the above measures, that workers who are permanently unfit to work at night, but may not necessarily be unfit for day work, and whose transfer to an alternative position proves impracticable, should be entitled to the same benefits (for instance unemployment, sickness or disability benefits) as those day workers who are generally unfit for work. Moreover, workers who are temporarily unfit for night work must be given the same protection against dismissal as other workers who are prevented from working for health reasons. The Committee therefore requests the Government to indicate how these provisions of the Convention are implemented in law and practice.

Article 9. Social services. The Committee recalls that by “social services” the Convention intends to cover a large variety of measures, including but not limited to the provision of food and beverages. It also ventures to draw the Government’s attention to Paragraphs 13–18 of the Night Work Recommendation, 1990 (No. 178), which offer guidance as to other measures which might be considered appropriate for night workers, such as collective transport arrangements, suitably equipped resting facilities, flexible hours for crèches, and adaptable cultural, sporting or recreational activities. It requests the Government to indicate any concrete measures taken or envisaged in order to give effect to this provision of the Convention.

Part V of the report form. Application in practice. The Committee notes the Government’s indication that labour inspections do not differentiate between day and night work, and, therefore, there are no statistical data available for the number of workers employed during night time. It notes, however, that according to the annual report of the Department of Labour Inspection, among the 38 legal proceedings which were completed in 2006 including 65 contraventions, none involved non‑compliance with the Organization of Working Time Act No. 63(I)/2002 which regulates among others night work. Similarly, no contraventions of the working time legislation seem to have been recorded in the period 2003–05. The Committee would be grateful if the Government would continue supplying up to date information concerning the practical application of the Convention, including, for instance, all available statistics, copies of collective agreements containing clauses on night work arrangements, etc.

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

The Committee notes the Government’s report and the detailed information it contains in reply to the previous direct request. The Committee notes with interest the adoption of the Organization of Working Time Law No. 63(I) of 2002 and the Regulations of 2002 P.I.255/2002 issued under the Safety and Health at Work Laws of 1996-2002, which give effect to the provisions of this Convention. In particular, the Committee notes that under section 2 of the Organization of Working Time Law No. 63(I) of 2002, the term "night worker" is defined as any worker who during night time works at least three hours of his/her daily working time, or is likely during night time to work at least 726 hours of his/her annual working time, provided that no smaller number of hours is provided by collective agreements. The same Law defines "night time" as the period of time commencing at 23:00 hours on any day and ending at 6:00 hours on the following day. Its scope of application extends to all workers with the exception of members of the armed forces, members of the police force and seamen. In addition, the Committee notes the Government’s explanations concerning the application of Articles 4 (medical examination of night workers), 6 (transfer of workers temporarily unfit for night work), 7 (maternity protection), 8 (compensation) and 10 (consultations prior to the introduction of night work schedules) of the Convention.

Part V of the report form. The Committee notes the statistical information regarding labour inspection results in 2001. It also notes the various collective agreements providing for specific night work allowances. The Committee would be grateful to the Government for continuing to supply all available information bearing on the practical application of the Convention, including statistics on the number of workers employed during night time, official reports or studies addressing the problems of night working, difficulties of enforcement reported by the inspection services and any other particulars which would enable the Committee to better evaluate the conformity of national laws and practice with the requirements of the Convention.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

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 that most of the provisions of the Convention have not yet been reflected in the national legislation and that no specific measures have been adopted for night workers, except for those relating to maternity protection under Article 7 of the Convention. The Committee further notes the Government’s statement that there is no single law regulating night work and that provisions restricting the employment during the night exist in legislation regulating conditions of employment of specific categories of workers. It also notes the Government’s intention to take legislative measures, in consultation with the social partners, in order to regulate night work in general. The Committee therefore requests the Government to indicate in its next report any progress made in this regard and to supply copies of any relevant laws or regulations once they have been adopted. Concretely, the Committee asks the Government to indicate the measures taken or envisaged to ensure the application of Articles 1(b) (definition of the term "night worker"), 2 (scope of application of night work legislation), 3 (specific measures required by the nature of night work), 4 (medical examination of night workers), 5 (first-aid facilities), 6 (transfer of workers temporarily unfit for night work), 9 (social services) and 10 (consultations prior to the introduction of night work schedules) of the Convention. In addition, the Committee would appreciate receiving additional information on the following points.

Article 7(1) and (2) of the Convention. The Committee asks the Government to clarify whether night work as such is deemed to be prejudicial to a pregnant worker’s health and to her child’s health under section 6(1) of the Maternity Protection Law No. 100(I) of 1997, thus entitling her to request a temporary transfer under section 6(2) of the same Law. It also asks the Government to specify the measures of protection, if any, for pregnant workers and nursing mothers in case they are medically certified as unfit to perform their regular night work duties for a period exceeding the 16-week maternity leave such as, for instance, provision of social security benefits, extension of maternity leave, etc. In addition, the Committee would be grateful to the Government for transmitting a copy of the special regulations providing for the safety and health at work of pregnant women and women who have recently given birth or are breastfeeding currently under preparation under the Safety and Health at Work Law No. 89(I) of 1996.

Article 8. The Committee notes the Government’s indication that provisions relating to night work, mostly night work allowances, may be found in collective agreements covering sectors of economic activity where night work is performed. It therefore requests the Government to supply further details in this respect and transmit copies of such collective agreements.

Finally, the Committee would be grateful to the Government for providing, in accordance with Part V of the report form, general information on the manner in which the Convention is applied in practice, including for instance, extracts from inspection reports, details on the categories of workers concerned, and any available statistics on the number of male and female workers employed at night.

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

The Committee has noted the information contained in the Government’s first reports. The Committee notes that most of the provisions of the Convention have not yet been reflected in the national legislation and that no specific measures have been adopted for night workers, except for those relating to maternity protection under Article 7 of the Convention. The Committee further notes the Government’s statement that there is no single law regulating night work and that provisions restricting the employment during the night exist in legislation regulating conditions of employment of specific categories of workers. It also notes the Government’s intention to take legislative measures, in consultation with the social partners, in order to regulate night work in general. The Committee therefore requests the Government to indicate in its next report any progress made in this regard and to supply copies of any relevant laws or regulations once they have been adopted. Concretely, the Committee asks the Government to indicate the measures taken or envisaged to ensure the application of Articles 1(b) (definition of the term "night worker"), 2 (scope of application of night work legislation), 3 (specific measures required by the nature of night work), 4 (medical examination of night workers), 5 (first-aid facilities), 6 (transfer of workers temporarily unfit for night work), 9 (social services) and 10 (consultations prior to the introduction of night work schedules) of the Convention. In addition, the Committee would appreciate receiving additional information on the following points.

Article 7(1) and (2) of the Convention. The Committee asks the Government to clarify whether night work as such is deemed to be prejudicial to a pregnant worker’s health and to her child’s health under section 6(1) of the Maternity Protection Law No. 100(I) of 1997, thus entitling her to request a temporary transfer under section 6(2) of the same Law. It also asks the Government to specify the measures of protection, if any, for pregnant workers and nursing mothers in case they are medically certified as unfit to perform their regular night work duties for a period exceeding the 16-week maternity leave such as, for instance, provision of social security benefits, extension of maternity leave, etc. In addition, the Committee would be grateful to the Government for transmitting a copy of the special regulations providing for the safety and health at work of pregnant women and women who have recently given birth or are breastfeeding currently under preparation under the Safety and Health at Work Law No. 89(I) of 1996.

Article 8. The Committee notes the Government’s indication that provisions relating to night work, mostly night work allowances, may be found in collective agreements covering sectors of economic activity where night work is performed. It therefore requests the Government to supply further details in this respect and transmit copies of such collective agreements.

Finally, the Committee would be grateful to the Government for providing, in accordance with Part V of the report form, general information on the manner in which the Convention is applied in practice, including for instance, extracts from inspection reports, details on the categories of workers concerned, and any available statistics on the number of male and female workers employed at night.