Texts of pending comments

The Committee notes that the first report of the Government on the Protocol of 2014 to the Forced Labour Convention, 1930, has not been received. The Committee requests the Government to provide the first detailed report on the Protocol of 2014 along with its next report on the Convention, which are due in 2024.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Legal and institutional framework. The Committee notes with interest the adoption of Act No. 60(I) of 2014 on Prevention and Combating of Trafficking and Exploitation of Persons and the Protection of Victims, as well as the National Action Plan against Trafficking in Persons (NAP) for 2019-2021, which provide the country with an institutional framework for the prevention and repression of trafficking and for the protection and assistance of victims. According to section 64 of the Act, the Multidisciplinary Coordination Group on Combating Human Trafficking coordinates and monitors measures and activities in the field of prevention and combatting trafficking in persons and protection of victims. The Multidisciplinary Coordination Group is responsible, among others, for monitoring and implementing the National Action Plans against Trafficking in Persons, carrying out awareness-raising activities on trafficking in persons, and the collection of data on trafficking.

The Committee requests the Government to provide information on the activities of the Multidisciplinary Coordination Group on Combating Human Trafficking as well as on the measures adopted to implement the NAP for 2019-2021, and the results achieved.

2. Law enforcement. The Committee notes that sections 8 and 9 of Act No. 60(I) of 2014 provide for penalties of imprisonment of up to 15 years for trafficking for the purpose of labour exploitation and up to 25 years for the purpose of sexual exploitation. The Committee observes from the 2020 report of the Group of Experts on Action Against Trafficking in Human Beings (GRETA) on the implementation of the Council of Europe Convention on Action against Trafficking in Human Beings by Cyprus that, in the period 2015–2018, a total of 58 cases of trafficking in persons were submitted by the police for prosecution, including 28 cases for the purpose of sexual exploitation and 16 cases for the purpose of labour exploitation, which resulted in nine cases of convictions in total. In this respect, the GRETA noted the low number of convictions for trafficking in persons, particularly for the purpose of labour exploitation (paragraphs 76-77, 87). The Committee requests the Government to provide information on the measures taken to ensure that all the cases of trafficking in persons, for both labour and sexual exploitation, are subject to investigations and prosecutions, and that sufficiently effective and dissuasive penalties are imposed on perpetrators. It further requests the Government to provide information on the application in practice of sections 6, 8 and 9 of Act No. 60(I) of 2014, including the number of investigations, prosecutions, convictions, and the penalties imposed.

3. Protection of victims. The Committee notes that, by virtue of section 44 of Act No. 60(I) of 2014, presumed victims of trafficking are referred to the Social Welfare Services, which shall inform them of their rights, available services, and the identification procedure. Victims of trafficking are provided with various assistance services, such as accommodation, psychological support and medical care, financial support, as well as interpretation and translation services (section 47(1)); they can claim compensation from the perpetrators of the offenses committed against them through criminal or civil proceedings (section 3); and they can benefit from legal advice and legal representation for the claim for compensation (section 36). The Committee further notes that section 62(2)(a) of the Act envisages the establishment of a victim support fund, which shall provide compensation to victims who for any reason cannot be compensated by the perpetrators.

The Committee requests the Government to provide information on: i) the number and characteristics of victims of trafficking, both for labour and sexual exploitation, and on the nature of the assistance services provided to them; ii) the cases in which courts have ordered compensation to victims of trafficking through criminal or civil proceedings; and iii) whether the victim support fund has been established.

Articles 2, 4 and 5 of the Convention. Contractual provisions. Inspections and sanctions. Application of the Convention in practice. The Government reports that the Model Rules of 21 September 1977, which give full effect to the Convention, remain in force and no legislative changes have been made since 2016 in relation to the provisions governing labour clauses in public contracts. It indicates that, in compliance with the Safety and Health at Work (Minimum Requirements at Temporary or Mobile Construction Sites), specific terms on the protection of safety, health and well-being of workers are included in public contracts for “The Construction of Public Civil Engineering Projects”. These terms establish the obligation of the Contractor “to take all measures for the safety and health of his/her employees, the employees of the Subcontractors and any other person that might be affected by the execution of works”. Special references are made, inter alia, to the Contractor’s obligation to draw up a safety and health plan and to appoint a Coordinator for safety and health matters during the project execution stage. The Committee notes that the contracts are drawn up by the Treasury of the Republic of Cyprus and used by all governmental departments. Furthermore, the Contractor is required to sign a Certificate of Employee Protection, as part of the submitted tender documents. The Committee also notes that the Department of Labour Inspection has requested the competent governmental authorities to include in their tender documents certain provisions of the European Regulations (No. 1272/2008 and No. 1907/2006) relating to chemical substances. It further notes that the Department of Labour Relations has examined 486 public contracts, from 2016 to 2020. This process has involved 1,294 contractors and subcontractors, to determine whether or not they are in compliance with the provisions of the Public Contracts they have signed. The Committee invites the Government to continue to provide updated information on the practical application of the Convention, including information on legislative changes, which may have a possible impact on the application of the Convention, as well as statistical information relating to the system of inspection and sanctions, including the number and type of violations detected and sanctions applied.

The Committee notes the Government’s first report.

Article 12(d) of the Convention. Responsibilities of employers concerning exposure. Keeping of and access to records of the monitoring of the working environment. The Committee notes the information provided in the Government’s report concerning the requirement for risk assessments on chemicals to be documented and kept up to date, pursuant to Regulation 5 of the Safety and Health at Work (Chemical Agents) Regulations of 2001, as amended. The Committee requests the Government to indicate the method and the prescribed period for keeping records of the monitoring of the working environment, and how it ensures that those records are accessible to workers and their representatives, in accordance with Article 12(d) of the Convention.

Article 15(d). Training of workers on a continuing basis. The Committee notes the Government’s indication that, in accordance with Regulation 10 of the Safety and Health at Work (Chemical Agents) Regulations, the employer shall ensure that workers have access to information and training. According to the Government, this includes access to: (i) risk assessments for hazardous chemical agents, including major alterations at the workplace leading to a change in the assessment; (ii) information on the hazardous chemical agents, such as their identity, occupational safety and health (OSH) risks, and relevant occupational exposure limit values; (iii) safety data sheets provided by the supplier; and (iv) training and information on appropriate precautions to be taken to safeguard themselves and other workers. The Government further indicates that the manner in which information is provided, including through training, shall be appropriate to the outcome of the risk assessments undertaken. The Committee requests the Government to indicate how it ensures that the training of workers on practices and procedures to be followed for safety in the use of chemicals at work is done on a continuing basis, in accordance with Article 15(d) of the Convention.

Article 18(1) and (2). Workers’ right to remove themselves from danger. The Committee requests the Government to indicate the specific provisions in national legislation or any applicable collective agreements, giving effect to Article 18(1) and (2) of the Convention on the right of workers to: remove themselves from danger resulting from the use of chemicals when they have reasonable justification to believe there is an imminent and serious risk to their safety or health; inform their supervisor immediately; and be protected against undue consequences for exercising their rights under the Convention.

Application of the Convention in practice. The Committee notes the Government’s indication that the Department of Labour Inspection (DLI) of the Ministry of Labour, Welfare and Social Insurance is the authority responsible for the enforcement of the applicable legislation in Cyprus. The Government indicates that this includes the enforcement of Regulation (EC) No. 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH); and Regulation (EC) No. 1272/2008 on Classification, Labelling and Packaging of substances and mixtures. The Committee also notes that the Government provides statistics on enforcement, including 9,798 inspections carried out by the DLI in workplaces using chemicals, and 43 cases of suspected occupational diseases that may have been caused by exposure to chemical substances. The Committee requests the Government to continue to provide statistics relating to the enforcement of the Convention, including, in particular, on any violations of the national legislation on chemicals or of the above-mentioned regulations of the European Union detected, sanctions imposed, and cases of occupational diseases reported as being caused by exposure to chemical substances.

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.

Article 4(2) of the Convention. Partial payment of wages in kind. In its previous comments, the Committee requested the Government to indicate whether any regulations had been issued under the Protection of Wages Act (thereafter the Act) in order to define the fair and reasonable valuation of allowances in kind which are authorized under section 4 of the Act, or specify the maximum amount of the cash wages which may be paid in kind. The Committee notes the Government’s indication in its report that no measures have been adopted in this regard. It also notes the Government’s indication that no such practices have been detected and there is no industry or occupation where payment of allowances in kind is customary. In this context, the Committee requests the Government to ensure that, should the need to regulate this matter arise in the future, it would take the necessary measures to ensure full compliance with Article 4(2). The Committee requests the Government to provide information on any developments in this regard.

Articles 8(1) and 10(1). Deductions from wages. Assignment of wages. The Committee notes that section 10 of the Act, which enumerates the authorized deductions, allows deductions to be made with the consent of the employee. The Committee also notes that sections 10(4) and 11 of the Act provide respectively that deductions and assignments shall be limited to the extent necessary for the maintenance of employees and their families. Noting that these provisions do not establish a clear limit to deductions and assignment of wages, the Committee recalls the importance of establishing such limits for the full application of Articles 8 and 10. The Committee therefore requests the Government to indicate the measures taken or envisaged to ensure full compliance with these Articles.

Article 12(1). Payment of wages at regular intervals. In its previous comments, the Committee requested clarifications on the possibility provided for in section 9 of the Act for the payment of wages to be made at intervals other than those established in the law, if so arranged in practice. The Committee takes note of the Government’s reply indicating that the term “practice” refers to arrangements that have a similar effect and equal standing in a court of law as a collective agreement and that practices leading to less regular intervals for the payment of wages do not exist in Cyprus. The Government also refers to the legal remedies which would be available if such cases arose in the future.

Article 12(2). Final settlement upon termination. The Committee notes that in response to its previous comments regarding the absence of provisions regulating the final settlement of wages upon termination of the employment contract, the Government indicates that: (i) in the event of outstanding payments, the employee concerned can submit a complaint to the Department of Labour Relations, which will examine the case; (ii) in the case of an employer’s refusal to comply with the directives of the Department of Labour Relations to settle the outstanding payments, the Department would initiate criminal proceedings against the employer; and (iii) the burden of proof for the payment of wages is placed upon the employer.

Article 14(b). Wage statements. The Committee notes that in response to its previous comments on this matter, the Government indicates that despite the lack of specific legal provisions providing for the issuance of wage statements at the time of each payment of wages, issuing wage statements remains common practice in the country.

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).

Articles 1 and 2 of the Convention. Assessing and addressing the gender pay gap. The Committee notes from the Government’s report that the gender pay gap was 13.9 per cent in 2016. It notes the Government’s indication, in reply to its previous comments, that the project on “Actions for reducing the gender pay gap” was implemented from 2010 to 2015 by the Ministry of Labour, Welfare and Social Insurance. The Committee welcomes the measures taken within the framework with a view to: (i) addressing gender vertical and horizontal occupational segregation, including through training programmes for careers advice professionals, teachers and parents and exchanging good practices; (ii) strengthening and upgrading of the inspection mechanism for the enforcement of equality in employment and equal pay legislation; (iii) review collective agreements and training social partners on equal pay; and (iv) issuing and disseminating a guide explaining in detail the provisions of Equal Pay, and Protection of Wages Laws to nearly 1,500 companies and associations. The Committee further notes the Government’s indication that, since several of the measures are ongoing or expected to have long-term benefits, and due to the gradual but continuous advancement of women’s position in the labour market, the downward trend of the gender pay gap is expected to continue. However, the Committee notes that Eurostat’s data show that, despite a slight decrease in the unadjusted gender pay gap from 14.2 per cent in 2014 to 13.7 per cent in 2017, the gender pay gap is still very high in the private sector reaching 22.8 per cent in 2017 (compared to 23.5 in 2014). It further notes, from the “Average gross monthly earnings by branch of economic activity and sex” survey published by the Statistical Service of Cyprus (CYSTAT), that in 2017 the gender pay gap remained particularly high in sectors where the majority of workers are women, standing at 42.1 per cent in education and 35.3 per cent in human health and social work activities. Furthermore, according to the survey, the average monthly salary of women remains substantially lower than that of men, even when men and women workers are employed in the same branches of economic activity, except in the public administration. The Committee asks the Government to continue to provide detailed information on the steps taken or envisaged to reduce the gender pay gap, including measures to address the occupational gender segregation and awareness-raising measures. The Committee also asks the Government to provide updated statistical information: (i) on the participation of men and women in education and training, as well as in employment and occupation, disaggregated by occupational categories and positions; and (ii) on the earnings of men and women, disaggregated by economic activity and occupation, both in the public and private sectors.

Article 2(2)(a). Minimum wages. Referring to its previous comments where it noted that although there is no national minimum wage which covers every occupational category, there is a statutory minimum wage which applies to nine occupations among which women are predominantly employed and which are usually low-paid, such as clerks, shop assistants, childcare workers, personal care workers and cleaners, the Committee notes the Government’s repeated indication, in its report, that, since 2012, there has not been any increase of the statutory minimum wage. It notes however that, in its concluding observations, the United Nations (UN) Committee on Economic, Social and Cultural Rights (CESCR) expressed concern at the very low level of coverage (13 per cent) of the workforce by minimum wages and at the insufficient level of the minimum wages, which have been frozen since 2012 (E/C.12/CYP/CO/6, 28 October 2016, paragraphs 23 and 27). In light of the persistent gender pay gap and gender segregation of the labour market, the Committee asks the Government to provide information on the manner in which it is ensured that, in defining minimum wages, rates are fixed on objective criteria, free from gender bias, and, in particular, that sector-specific wages do not result in the undervaluation of jobs predominantly occupied by women in comparison to those occupied by men. It asks the Government to continue to provide information on any future increase in the statutory minimum wage, as well as on any steps taken or envisaged to increase the coverage of the workforce by minimum wage. The Committee asks the Government to provide statistical information on the percentage of women and men who are paid the statutory minimum wage.

Articles 2(2)(c) and 4. Collective agreements and cooperation with employers’ and workers’ organizations. Referring to its previous comments, the Committee notes the Government’s indication that training was provided to members of trade unions and employers’ organizations regarding the promotion of equal pay in the collective bargaining process, and that a guide was issued and disseminated involving practical ways of promoting pay equality while engaging in collective bargaining. Recalling the important role that can be played by collective agreements in the application of the principle of equal remuneration for men and women for work of equal value, the Committee asks the Government to provide information on the impact with respect to the principle of the Convention of the training delivered to social partners and the guide on the promotion of equal pay in collective bargaining. It asks the Government to provide summaries of the provisions on wages determination and equal remuneration for men and women for work of equal value that have been included in collective agreements. The Committee asks the Government to provide information on any concrete steps and actions undertaken to promote the implementation of the principle of the Convention with the cooperation of the social partners, and the results of such initiatives.

Article 3. Objective job evaluation. The Committee previously noted that officers and inspectors from the Department of Labour Relations received training from experts on how to perform objective job evaluations and that it was envisaged that job evaluation procedures would feature extensively in a specialized manual to be created and utilized by employers. It notes the Government’s indication that a guide explaining in detail the provisions of the equal pay legislation, and including in-depth guidance on job evaluation, was issued and disseminated to nearly 1,500 companies and associations. The Committee notes the Government’s statement that as no complaint was filed regarding the equal pay legislation, no job evaluation was carried out. The Committee draws the Government’s attention to the fact that, regardless of any complaint lodged on pay discrimination, the effective implementation of the principle of the Convention requires some method of measuring and comparing the relative value of different jobs held by men and women, through an examination of the respective tasks involved, undertaken on the basis of entirely objective and non-discriminatory criteria, such as skill, effort, responsibilities and working conditions, in order to avoid the assessment being tainted by gender bias. It further recalls that measures for the objective evaluation of jobs can be taken at the enterprise, sectoral or national level, in the context of collective bargaining, as well as through wage-fixing mechanisms (see 2012 General Survey on fundamental Conventions, paragraph 695). Furthermore, the Committee notes that, in its concluding observations, the UN Committee on the Elimination of Discrimination against Women (CEDAW) specifically recommended that the Government adopt further measures to close the gender wage gap, including through gender-neutral analytical job classification and evaluation methods and regular pay surveys (CEDAW/C/CYP/CO/8, 25 July 2018, paragraph 37). The Committee asks the Government to provide information on any measures taken to promote, develop and implement practical approaches and methods for the objective evaluation of jobs, both in the public and private sectors, based on criteria that are free from gender bias, such as qualifications and skills, effort, responsibilities and conditions of work, with a view to ensuring the effective implementation of the principle of equal remuneration for men and women for work of equal value. It asks the Government to provide information on any job evaluation exercise undertaken in the public sector, indicating the criteria used and the measures taken to ensure that men and women receive equal remuneration for work of equal value, as well as on any measures taken to promote the use of objective job evaluation methods and criteria that are free from gender bias in the private sector.

Enforcement. The Committee notes the Government’s indication that an Equal Pay Day is organized annually to raise public awareness on the gender pay gap and its detrimental consequences, as well as on the existing complaint mechanisms, and that an annual target for inspection on equal pay has been set. The Government adds that 148 and 197 inspections were conducted in 2016 and 2017 respectively, but that no violation of the legislation was found and that no complaint was filed regarding the equal pay legislation. The Committee notes that the European Commission recently highlighted that there is no case law on the issue of equal pay but that a complaint lodged with the Ombudsman regarding equal pay was treated under the law on gender equality, and that another complaint lodged was solved between the complainant and the employer (European Commission, Country report on gender equality, 2018, page 18). Furthermore, the Committee notes that, in its concluding observations, CEDAW recommended that the Government strictly enforce the Equal Pay for Men and Women for Equal Work or Work of Equal Value (Amendment) Law, including by imposing sanctions for non-compliance (CEDAW/C/CYP/CO/8, 25 July 2018, paragraph 37). The Committee recalls that where no cases or complaints, or very few, are being lodged in the area of pay discrimination, this does not mean that no problem exists with regard to the practical application of the Convention but is likely to indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals (see 2012 General Survey, paragraph 870). In light of the very low number of cases concerning inequality of remuneration officially registered, the Committee asks the Government to continue to provide information on any activities undertaken to raise public awareness of the relevant legislative provisions, the procedures and remedies available related to the principle of the Convention, as well as to increase the capacity of women, including migrant women, to better understand and claim their rights. It asks the Government to continue to provide information on the activities carried out by the labour inspectorate on equal remuneration, including detailed information on their annual target for inspections on equal pay. The Committee asks the Government to provide detailed information on the number, nature and outcome of any cases or complaints concerning inequality of remuneration dealt with by the labour inspectors, the Ombudsman or the courts, as well as on the sanctions imposed and remedies granted.

Article 1(1)(a) of the Convention. Prohibited grounds of discrimination. Legislation. For a number of years, the Committee has been drawing the Government’s attention to the fact that the ground of “social origin” is not included as a ground of discrimination in the equality legislation. The Committee notes the Government’s reiterated statement, in its report, that protection against discrimination on the ground of social origin is already guaranteed by articles 28(2) and 169 of the Constitution which provide respectively for the right of any person not to be discriminated against both directly and indirectly on certain grounds (“… social class or on any ground whatsoever”), and that international agreements prevail upon national legislation. The Committee recalls that constitutional clauses which expressly provide that international agreements and treaties prevail over national law, while important, do not exempt States from adopting national legislation to implement the principles laid down in the Convention. Furthermore the Committee, once again, draws the Government’s attention to the fact that constitutional provisions providing for equality of opportunity and treatment, although important, have generally not proven to be sufficient to address specific cases of discrimination in employment and occupation. The Committee wishes to recall that, where legal provisions are adopted to give effect to the principle of the Convention, they should include at least all the grounds of discrimination specified in Article 1(1)(a) of the Convention (see General Survey on the fundamental Conventions, 2012, paragraphs 850–853). The Committee therefore asks the Government, once again, to take the necessary steps to ensure that the legislation includes an explicit prohibition of direct and indirect discrimination on at least all the grounds enumerated in Article 1(1)(a) of the Convention, in particular social origin. It asks the Government to provide information on any progress made in that regard. In the meantime, the Committee asks the Government to provide information on the steps taken to ensure protection against direct and indirect discrimination in employment and occupation on the ground of social origin, in practice, and to provide a copy of any relevant administrative or judicial decision in that respect.

Discrimination based on sex. Sexual harassment. The Committee previously requested the Government to provide information on the practical measures taken to prevent and eliminate sexual harassment in the workplace, in particular against domestic workers, and on any steps taken or envisaged to ensure effective protection of workers seeking judicial and administrative remedies. The Committee notes the Government’s indication that several conferences and training events aimed at combating sexual harassment in the public sector were organized by the Ombudsperson who in July 2018 published a Code of Practice for the prevention and handling of sexual harassment and harassment throughout the public sector. The Government adds that the Gender Equality Committee in Employment and Vocational Training has focused its action on informing employers and employees on preventing and dealing with sexual harassment at the workplace, and implemented several practical measures to that end. The Committee notes, however, that, according to the statistical information provided by the Government, the number of complaints concerning sexual harassment decreased, with only 20 complaints received between 2014 and the end of 2017, mainly from domestic workers, most of which lacked supporting evidence. The Committee recalls that the low level or absence of complaints regarding sexual harassment does not necessarily indicate that this form of sex discrimination does not exist; rather it is likely to reflect the lack of awareness, understanding and recognition of this form of sex discrimination among government officials, and workers and employers and their organizations, as well as the lack of access to, or the inadequacy of, complaints mechanisms and means of redress, or fear of reprisals (see General Survey, 2012, paragraph 790). The Committee further notes that, in its 2018 concluding observations, the United Nations (UN) Committee on the Elimination of Discrimination against Women (CEDAW) remained concerned at the prevalence of sexual harassment in the workplace and the lack of effective measures to deal with such harassment and to inform women of their rights, and recommended that the Government develop a safe system for filing complaints relating to sexual harassment in the workplace and to ensure that victims have access to effective mechanisms and remedies (CEDAW/C/CYP/CO/8, 25 July 2018, paragraphs 36(f) and 37(g)). Recalling the gravity and seriousness of sexual harassment, the Committee asks the Government to provide information on: (i) any steps taken to prevent and address sexual harassment in the workplace, both in the public and private sectors, and increase public awareness regarding sexual harassment, as well as any procedures and mechanisms available for victims to seek redress; and (ii) the number of complaints concerning cases of sexual harassment, in particular from domestic workers, dealt with by the labour inspectorate, the Ombudsperson and the courts, specifying the penalties imposed and compensation awarded.

Sexual orientation. Recalling that section 6(1) of the Equal Treatment in Employment and Occupation Law No. 58(1)/2004 prohibits direct and indirect discrimination in employment on the ground of sexual orientation, the Committee notes that, according to the European Commission against Racism and Intolerance’s (ECRI) report published on 7 June 2016, discrimination against lesbian, gay, bisexual and transgender (LGBT) persons in the field of employment remains a widespread problem (CRI(2016)18, paragraph 115). The Committee asks the Government to provide information on the application of section 6(1) of the Equal Treatment in Employment and Occupation Law No. 58(1)/2004 in practice and, in particular, on any measures adopted or envisaged to combat stereotypes and prejudices with a view to eliminating discrimination on the basis of sexual orientation, and their impact on the integration of LGBT workers in the labour market. It also asks the Government to provide information on the number and nature of complaints regarding cases of discrimination on the ground of sexual orientation in employment and occupation dealt with by the labour inspectors, the Ombudsperson or the courts, specifying the penalties imposed and compensation awarded.

Article 1(2). Inherent job requirements. The Committee previously noted that the schedule to section 4(2) of Law No. 205(I)/2002 on Equal Treatment of Men and Women in Employment and Vocational Training excludes certain occupations from its provisions on access to employment, vocational training and self employment, such as artistic activities, personal services or prison wardens, but that the law provides for a re-examination of this list of exclusions at least every five years to determine whether, in the light of social developments, they remain justified. The Committee has been repeatedly requesting information regarding the review by the Labour Advisory Board of this list. The Committee notes the Government’s statement that, following its denunciation of the Underground Work (Women) Convention, 1935 (No. 45), on 11 July 2017, paragraph 7 of the schedule, providing for the exclusion of “the employment of women in underground mining operations” from the scope of application of the law, will be deleted. While welcoming this information, the Committee notes that no information is provided on any review of the other occupations specified in the schedule to section 4(2). It again recalls that systematic application of requirements involving one or more of the grounds of discrimination set out in the Convention is inadmissible, that careful examination of each individual case is required and that distinctions must be determined on an objective basis and take account of individual capacities (see General Survey, 2012, paragraphs 827–831). The Committee therefore asks the Government to provide information on any review planned or undertaken by the Labour Advisory Board of the schedule to section 4(2) of the Law on Equal Treatment of Men and Women in Employment and Vocational Training, as well as on the outcome of any such review. It asks the Government to provide information on the number, nature and outcome of any cases regarding the application of these exclusions dealt with by courts or any other competent authority.

Articles 1 and 2. Equality of opportunity and treatment irrespective of race, colour or national extraction. Roma. Referring to its previous comments on the activities undertaken to improve knowledge and awareness among ethnic and national minorities, including the Roma people, about the anti-discrimination and equality legislation, as well as existing mechanisms and procedures for complaints, the Committee notes with regret the lack of information provided by the Government on any activity undertaken in this regard. However, it notes that several UN and European bodies have recently expressed concern about: (i) persistent stigmatization and discrimination against members of the Roma community in access to education, training, and employment; (ii) low school enrolment and attendance and high dropout rates; and (iii) persistent barriers, in particular language barriers, faced by the Roma people when claiming their rights, as they have little or no information on legal aid and access to justice, (A/HRC/WG.6/32/CYP/3, 7 November 2018, the ECRI and Council of Europe Commissioner for Human Rights’ observations, paragraph 55; CEDAW/C/CYP/CO/8, 25 July 2018, paragraphs 16(b), 34(d), and 36(e); CERD/C/CYP/CO/23-24, 2 June 2017, paragraph 18; and E/C.12/CYP/CO/6, 28 October 2016, paragraph 13). It further notes that, in April 2019, the Human Rights Council, in the context of the Universal Periodic Review (UPR), recommended that the Government develop a comprehensive strategy for the inclusion of members of the Roma community to ensure that they have access to education and employment without discrimination and stigmatization (A/HRC/41/15, 5 April 2019, paragraph 139). The Committee asks the Government to strengthen its efforts to ensure that acts of discrimination against Roma people in employment and occupation are effectively prevented and addressed, and provide information on the impact of any actions taken to enhance equal access to Roma people to education, training and employment, including through the development and adoption of a comprehensive strategy for the inclusion of members of the Roma community. It asks the Government to provide information on the activities undertaken to that end, including in collaboration with employers’ and workers’ organizations, as well as statistical data, disaggregated by sex, on the labour market situation of Roma people.

Migrant workers and national minorities. The Committee previously noted that information leaflets on the equal treatment legislation were made available in all district and regional labour offices and that equality inspectors were available at these locations to provide advice on equality issues, but feared that such measures were not, by themselves, sufficient to ensure protection against discrimination based on race, colour or national extraction, in particular against non-European Union workers, Turkish Cypriots and members of national minorities. In that regard, the Committee noted that the Council of Europe Advisory Committee on the Framework Convention for the Protection of National Minorities (CoE-ACFC) found that the continued fixation on classifying citizens into either Greek Cypriots or Turkish Cypriots in all spheres of life, even when not strictly called for by the Constitution, contradicted the existing diversity in Cypriot society and, moreover, appeared to create practical difficulties. It feared that the continued division of society along ethnic lines may encourage ethno centric sentiments that are not conducive to the formation of a cohesive society (A/HRC/WG.6/32/CYP/3, paragraph 12). The Committee notes that several UN and European bodies have recently expressed concern about: (i) persistent discrimination in access to education and training and employment and promotional opportunities against non-European Union migrants who continue to experience labour exploitation, especially those working in the farming and agricultural sector; (ii) increasing discriminatory attitudes and racial stereotypes relating to persons of foreign origin; (iii) persisting barriers, in particular language barriers faced by migrants when claiming their rights, who have little or no information as regards legal aid and access to justice; and (iv) the low number of complaints and prosecutions, as well as convictions despite the prevalence of trafficking in migrant workers for the purposes of sexual and labour exploitation and the high number of identified trafficking victims (A/HRC/WG.6/32/CYP/3, 7 November 2018, paragraph 18; CEDAW/C/CYP/CO/8, 25 July 2018, paragraph 16; CERD/C/CYP/CO/23-24, 2 June 2017, paragraph 16; and E/C.12/CYP/CO/6, 28 October 2016, paragraph 33). It notes that, in April 2019, the Human Rights Council, in the context of the Universal Periodic Review (UPR), also recommended that the Government intensify its efforts to prevent and combat trafficking in migrant workers, particularly women. The Committee asks the Government to strengthen its efforts to prevent and address stereotypes and discrimination based on race, colour or national extraction, and effectively ensure equality of opportunity and treatment in employment and occupation for migrant workers, in particular non-European Union migrant workers, and members of national minorities, such as Turkish Cypriots, by enhancing their access to a wide range of occupations in the labour market and their participation in education and vocational training. It asks the Government to provide information on the specific steps taken to that end as well as the results achieved, including by providing a copy of any reports evaluating their impact. The Committee also asks the Government to provide information on any public awareness-raising activities undertaken on the relevant legislative provisions, the procedures and remedies available, targeting in particular non-European Union migrant workers and national minorities, as well as on the number and nature of cases or complaints of discrimination on the grounds of race, colour or national extraction dealt with by the labour inspectors, the Ombudsperson, the courts or any other competent authority, the penalties imposed and the remedies granted.

Migrant domestic workers. The Committee notes the Government’s statement that more than 80 per cent of the complaints from non-European Union workers examined by the Department of Labour in 2015, concerned domestic migrant workers. It also notes that, according to the information available from the Civil Registry and Migration Department website: (i) no more than two changes of employer are allowed during the first six-year period of employment in the case of a domestic worker and a change of employer is not permitted after six years of employment; and (ii) the minimum salary set for foreign domestic workers is almost three times lower than the statutory minimum wage. The Committee further notes that, in their 2018 and 2017 concluding observations respectively, the CEDAW and the UN Committee on the Elimination of Racial Discrimination (CERD) expressed concern 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. They recommended that the Government take concrete steps to strengthen the capacity of labour inspectors and the police to improve oversight of the working conditions of domestic workers and protect them against labour exploitation and to end the restrictions imposed on domestic workers wishing to change employers (CEDAW/C/CYP/CO/8, 25 July 2018, paragraphs 38 and 39(c); and CERD/C/CYP/CO/23-24, 2 June 2017, paragraphs 22 and 23). In that regard, the Committee notes that, in its report made in the context of the UPR, the Government referred to the adoption of a New National Action Plan for Gender Equality (2018–21) which defines as a key objective “Empowering the Vulnerable Groups of Women”, including migrant women, and indicated that the ratification of the ILO Domestic Workers Convention, 2011 (No. 189), was under consideration (A/HRC/WG.6/32/CYP/1, 13 November 2018, paragraphs 5, 8 and 11). The Committee asks the Government to effectively ensure equality of opportunity and treatment in employment and occupation for migrant domestic workers, in particular concerning their terms and conditions of employment, by enhancing their access to a wide range of occupations in the labour market, including by removing the restrictions imposed on domestic workers wishing to change employers, as well as their participation in education and vocational training. It asks the Government to provide information on the specific steps taken or envisaged to ensure that migrant domestic workers can enjoy full equality of opportunity and treatment and access to all types of employment on the same footing as other workers without discrimination. The Committee also asks the Government to provide information on access for domestic workers to remedies, as well as on the number, nature and outcome of complaints concerning discrimination in employment made by domestic workers.

General observation of 2018. With regard to the above issues, and in more general terms, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population. The Committee draws the Government's attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation

Articles 2 and 3. Equality of opportunity and treatment between women and men. Reconciliation of work and family responsibilities. The Committee takes note of the Protection of Maternity (Amendment) Laws of 2017 and 2018 which extended the protection afforded to pregnant women by, respectively, providing surrogate mothers with 14 weeks of maternity leave and extending the prohibition of dismissal of the mother from three to five months after the end of her maternity leave. It further notes with interest the adoption of the Paternity Leave Law No. 117(I) of 2017, and more particularly its section 3(1), entitling working fathers to two consecutive weeks of paid leave. The Government adds that, in 2016, the Ombudsperson launched a campaign regarding the rights of pregnant women and new mothers. While welcoming this information, the Committee notes that, as highlighted by the European Commission, the gender gap in unpaid working time is still one of the highest in the European Union (EU), being estimated over 15 hours per week (European Commission, 2019 Report on equality between men and women in the EU, page 11). It further notes that, in its 2018 concluding observations, the CEDAW expressed concern with regard to: (i) the deep-rooted discriminatory stereotypes concerning the roles and responsibilities of women and men in the family and in society; (ii) the persistent discrimination in the labour market against mothers and pregnant women in relation to hiring, career advancement, conditions of employment, pay and denial of paid maternity leave, particularly in the private sector; and (iii) the periods of parental leave taken by men, which remain insignificant despite the new legislation on paternity leave (CEDAW/C/CYP/CO/8, 25 July 2018, paragraphs 24 and 36). The Committee asks the Government to continue to provide information on the measures taken to improve the reconciliation between work and family responsibilities, both in the public and private sectors, as well as to prevent and address any discrimination against mothers and pregnant women, and on the impact thereof. It also asks the Government to provide information on awareness-raising activities undertaken, including among workers, employers, and their respective organizations, to address stereotyped assumptions that the main responsibility for family care lies with women. The Committee asks the Government to provide statistical information, disaggregated by sex, on the number of workers with family responsibilities who have taken maternity or paternity leave, as well as parental leave.

Enforcement. Referring to its previous comments concerning the reasons for the relatively low admissibility rate of the complaints submitted to the Equality Body, the Committee notes the Government’s statement that it can be explained by the lack of awareness about the Ombudsperson’s competence as an Equality Body as well as by the fear of retaliation. The Government adds that from March 2011 to August 2016, 44 per cent of the complaints received by the Ombudsperson related to gender discrimination against women, including sexual harassment, discrimination based on family status and pregnancy and maternity. In 65 per cent of cases, after the investigation was completed, the Ombudsperson decided to terminate the investigation. The Committee however notes that, in its conclusions published on 6 June 2019, the ECRI expressed concern about the fact that the Ombudsperson did not carry out any activities aimed at supporting vulnerable groups or any communication activities, and did not issue any publications or reports, including annual reports, or recommendations on discrimination issues since 2016 (CRI(2019)23, page 5). The Committee asks the Government to provide information on the number of cases of discrimination dealt with by the labour inspectorate, the Equality Body, the courts or any other competent authorities, specifying the alleged ground of discrimination, as well as on the sanctions imposed and remedies granted. It also asks the Government to provide specific information on: (i) the concrete measures taken to inform and raise awareness of the principles of non discrimination and equality in employment and occupation, particularly among employers, workers and their respective organizations, and the general public; and (ii) any capacity-building and training activities provided to employees, judges, labour inspectors and legal practitioners on the detection and treatment of cases of discrimination, the elimination of discrimination and the promotion of equality in employment and occupation.

Articles 2 and 3 of the Convention. Equality of opportunity and treatment for men and women. The Committee previously noted the persistent horizontal and vertical gender segregation in employment, in particular in the private sector – despite the various measures implemented. The Committee notes the Government’s statement, from the report submitted in the context of the Universal Periodic Review (UPR), that it will prioritize the protection and promotion of women’s rights and gender equality via the implementation of the New National Action Plan for Gender Equality 2018–2021 which focuses primarily on protecting and empowering vulnerable groups of women (A/HRC/WG.6/32/CYP/1, 13 November 2018, paragraphs 5 and 11). Concerning the measures implemented to address occupational gender segregation, the Committee notes, from the statistical information provided by the Government, that the proportion of women participating in Human Resources Development Authority (HRDA) Programmes remained stable from 2014 to 2017, reaching 41.2 per cent in 2017 (compared to 58.8 per cent of men). It observes however that the HRDA training specifically aiming at the improvement of the employability of inactive women was discontinued in 2016 while the unemployment rate of women remains higher than that of men (9.9 per cent for women compared to 7.7 per cent for men in 2019). The Committee also notes that, according to the Labour Force Survey (LFS) of the Statistical Service of Cyprus (CYSTAT), for the first quarter of 2019, the employment rate of women was still substantially lower than that of men (52.2 per cent for women compared to 63.4 per cent for men), with women being under-represented in senior and decision-making positions (women represented only 16.9 per cent of managers in 2018) and still mainly concentrated in specific sectors, such as education (74.4 per cent of women) and human health and social work activities (71.6 per cent of women). The Committee further notes that, in their concluding observations, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) and the United Nations Committee on Economic, Social and Cultural Rights (CESCR) expressed concern about: (i) the concentration of girls in traditionally female-dominated fields of study and career paths and their under-representation in vocational training and in certain fields of higher education, including technology and engineering; (ii) the high number of girls who suffer from discrimination and sexual harassment in schools; (iii) the large gender disparity in the labour market and more particularly the disproportionately high unemployment rate among women, including young and highly educated women and the low number of female entrepreneurs compared with their male counterparts; (iv) the continuing horizontal and vertical occupational sex segregation; (v) the under-representation of women in decision-making positions both in the public and private sectors, and the concentration of women in part-time and low-paid jobs; as well as (vi) the large and persistent gender pay gap, particularly in the private sector (CEDAW/C/CYP/CO/8, 25 July 2018, paragraphs 24, 34–37 and 42; and E/C.12/CYP/CO/6, 28 October 2016, paragraphs 17–19). The Committee notes that, in April 2019, the Human Rights Council, in the context of the UPR, also expressly recommended that there was a need to: (i) increase the level of participation of women in the labour market and enable a balanced representation of men and women at all levels, including at senior and decision-making levels; and (ii) combat gender discrimination in employment (A/HRC/41/15, 5 April 2019, paragraph 139). In light of the persistent occupational gender segregation of the labour market, the Committee asks the Government to take the necessary steps, including in collaboration with employers’ and workers’ organizations, to raise awareness of the principle of equal opportunity and treatment for men and women in employment and occupation and the relevant legislative provisions, assess the measures taken and implemented and, if necessary, take corrective measures. It asks the Government to provide information on any proactive measures implemented, including in the framework of the National Action Plan for Gender Equality for 2018–2021: (i) to effectively enhance women’s economic empowerment and access to decision-making positions; and (ii) to address vertical and horizontal occupational gender segregation and gender stereotypes by encouraging girls and women to choose non-traditional fields of study and professions and promoting women’s access to a wider range of jobs with career prospects and higher pay. The Committee asks the Government to provide updated statistical information on the participation of men and women in education and training, as well as in employment and occupation, disaggregated by occupational categories and positions.

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

Article 3 of the Convention. Conditions for signing the articles of the agreement. The Committee requested the Government to indicate the legal provisions implementing Article 3 of the Convention. The Committee notes that the Government refers, in its report, to sections 3(1) and 3(3) of the Ratification Law on Fishermen’s Articles of Agreement Convention (Law 73/1966). The Committee takes note of this information, which addresses its previous request.

Article 6. Particulars of the agreement. The Committee requested the Government to indicate the measures taken or envisaged to ensure that the standard contract of employment is fully in line with the requirements of Article 6. The Committee notes the Government’s indication that the Shipping Deputy Ministry is drafting a new standard contract of employment for fishers. The Committee hopes that the new standard contract will fully comply with the requirements of the Convention and requests the Government to provide a copy of the new contract once available.

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on social security, the Committee considers it appropriate to examine Conventions Nos 102 (minimum standards), 121 (employment injury benefits), and 128 (survivors’ benefits) together.

Part VII (Family benefit). Article 43 of Convention No. 102. Length of the qualifying period. The Committee observes that in accordance with Article 3 of the Child Allowance (Amendment) Law 118(I) of 2017, the requirement of habitual residence in Cyprus for entitlement to a tax-financed child benefit has been changed from three to five consecutive years of lawful and continuous stay prior to the submission of the application. The Committee also notes the Government’s indications in its 26th (2019) annual report on the application of the European Code of Social Security (Code) which contains a similar provision, that the periods of lawful and continuous stay in the other EU Member States are taken into account in the calculation of the five-year period of lawful and continuous stay of a claimant in Cyprus. The Committee observes that this five-year qualifying period goes beyond the maximum qualifying period set out in Article 43 of the Convention, which specifies that family benefits shall be secured at least to persons protected who have completed a qualifying period of one year of residence, with a possibility, under Article 68 of the Convention, for special rules to be prescribed concerning non-nationals and nationals born outside the territory of the Member in respect of benefits which are payable wholly or mainly out of public funds, as is the case in Cyprus. The Committee therefore requests the Government to ensure that Cyprus nationals upon their return from a non-EU country are entitled to family benefits after completion of one year of residence in Cyprus.

Articles 10 and 11 of Convention No. 121. Types of medical care. The Committee notes the information provided by the Government in its 25th (2018) annual report on the application of the Code, which contains similar provisions on the types of medical care provided in case of employment injury and observes that the following types of care are not included: nursing care at home or in hospital or other medical institution; maintenance in convalescent homes, sanatoria or other medical institutions; provision of eyeglasses; domiciliary visit (only in exceptional cases i.e. for saving life or averting serious disability) and the care furnished by members of such other professions as may at any time be legally recognized as allied to the medical profession, under the supervision of a medical or dental practitioner. The Committee further notes the Government’s indications provided in its 26th (2019) annual report on the application of the Code that the introduction of a new universal General Healthcare System shall be fully implemented as from June 2020. Recalling that the Convention requires the provision of all the types of medical care listed under Article 10, and that Article 11 requires medical care benefits to be provided on condition the rules on the cost sharing are so designed as to avoid hardship, the Committee hopes that the new universal General Healthcare System will be designed so as to give full effect to these Articles of the Convention and requests the Government to supply detailed information in this respect.

Article 65(10) of Convention No. 102, Article 29 of Convention No. 128, and Article 21 of Convention No. 121. Adjustment of long-term social security benefits. The Committee observes from the information provided by the Government for 2015–16 that the increase of long-term social security benefits was lower than the increase of the cost-of-living index and index of earnings in Cyprus for the same period. Recalling that in accordance with Article 65(10) of Convention No. 102, Article 29 of Convention No. 128, and Article 21 of Convention No. 121, the rates of old-age, employment injury, invalidity and survivors’ benefits shall be reviewed following substantial changes in the general level of earnings or substantial changes in the cost of living, the Committee requests the Government to take the necessary measures to ensure the adjustment of long-term social security benefits in accordance with the requirements of the Conventions.

Article 1 of the Convention. Basic human rights. The Committee asks the Government to continue to provide information, disaggregated by sex, nationality, and sector of activity on the number of migrant workers, in a regular or irregular situation, and on the measures adopted, including by the Department of Labour and the Equality bodies to ensure the full respect of their basic human rights.

Articles 2 to 7. Measures to detect, prevent and suppress irregular migration and the illegal employment of migrant workers. The Committee previously took note of the legislative provisions adopted by the Government with a view to harmonizing the national legislation with the Directive 2009/52/EC of the European Parliament and of the Council of 18 June 2009 providing for minimum standards on sanctions and measures against employers of illegally staying third-country nationals. The Committee notes, from the statistics provided by the Government in its report, as well as from the 2017 report of the European Migration Network, that, in 2016, a total of 282 third-country nationals irregularly staying and employed in Cyprus were identified, mainly from South-East Asia and Eastern Europe, and the number of employers prosecuted for illegal employment of foreigners significantly dropped from 984 in 2012 to 226 in 2016. The Government adds that, in case of breach of the employment contract, penalties are imposed on employers and, in case trafficking issues are identified, competent authorities are notified and immediate action is taken. Referring to its 2019 direct request on the application of the Migration for Employment Convention (Revised), 1949 (No. 97), the Committee notes with interest the ratification of the Protocol of 2014 to the Forced Labour Convention, 1930, on 1 February 2017, and points out that, in April 2019, in the context of the Universal Periodic Review (UPR), the Government indicated that steps are taken towards the ratification of the Private Employment Agencies Convention, 1997 (No. 181), (A/HRC/41/15, 5 April 2019, paragraph 53). The Committee further notes the adoption of the National Action Plan against Human Trafficking for 2016–18, as well as of a National Referral Mechanism guide for handling victims of trafficking in May 2016. The Committee however notes that, in its last concluding observations, the United Nations Committee on Economic, Social and Cultural Rights (CESCR) expressed concern about the prevalence of trafficking in migrant workers for the purposes of sexual and labour exploitation (E/C.12/CYP/CO/6, 28 October 2016, paragraphs 33 and 34); and that, in April 2019, the Human Rights Council, in the context of the UPR, recommended that the Government intensify efforts to prevent and combat trafficking in migrant workers, particularly women (A/HRC/41/15, 5 April 2019, paragraph 139). The Committee asks the Government to provide information on the concrete measures taken to effectively detect, prevent and suppress irregular migration and illegal employment, in particular trafficking in persons for exploitation in private households, including in the framework of the National Action Plan against Human Trafficking for 2016–18, and on the concrete impact of these measures on the reduction of this phenomenon. It also asks the Government to provide statistical information on the number of labour inspections carried out and detection of migrant workers in an irregular situation or illegally employed, as well as on the nature of the infringements identified and the administrative, civil and penal sanctions imposed on employers. The Committee further asks the Government to provide specific information on the penalties and other measures adopted against organizers of illegal or clandestine movements of migrants for employment with respect to work undertaken by foreign nationals.

Article 8. Legal status in the case of loss of employment. Following the Committee’s request for clarification, the Government states that third-country nationals residing legally in the country enjoy equal treatment with Cyprus and European Union (EU) nationals. The Committee notes that, according to the statistical information provided by the Government, 1,208 third-country nationals were registered as unemployed in September 2018. While noting this information, the Committee again asks the Government to specify whether, in the case of loss of employment, migrant workers expressly enjoy the right to equality of treatment with nationals for the remainder of the duration of their work permit, particularly with regard to security of employment, the provision of alternative employment and retraining.

Article 9. Rights arising out of past employment of migrant workers in an irregular situation. Referring to its previous comments, the Committee notes the downward trend in the number of complaints from third-country nationals examined by the Department of Labour, from 652 complaints in 2012 to 558 complaints in 2015, of which more than 80 per cent concerned migrant domestic workers. The Government indicates that a mechanism for resolving complaints submitted by migrant workers has been established at each District Labour Office. The Government adds that the whole procedure can be performed both in Greek and English, so as to ensure a clear understanding of each party’s positions. In most instances, an amicable solution is reached between the parties involved, either by signing a release agreement and allowing the migrant worker to look for a new employer or by providing further awareness of their employment rights and obligations to the migrant workers and thus, contributing towards their decision to return and continue working for their employer. The Committee asks the Government to continue to supply information on the number and nature of complaints submitted to the Department of Labour, specifying whether such complaints were submitted by the worker or the employer and concerned rights arising out of past employment (remuneration, social security or other benefits). It asks the Government to provide a copy of any legal decision ordering the payment of outstanding wages to migrant workers found to be illegally employed for the period worked. It also asks the Government to provide information on any other measures taken by the Department of Labour Relations in order to ensure that third-country nationals in an irregular situation can claim their rights arising out of past employment in accordance with Article 9 of the Convention.

Article 14(a). Free choice of employment and employment restrictions. The Committee previously noted that a temporary work permit of third-country nationals is tied to a specific occupation and to the employer mentioned in the employment contract, and that the worker has the right to change employer after the first year of employment and the expiration of the employment contract but that this right is limited to the same occupation or economic activity. The Committee notes the Government’s statement that a temporary work permit is issued for a specific occupation and a determined period of time, provided that a number of certain criteria are met by the employer, such as area of economic activity and the inability to find suitable employees for the specific duties from the local or European labour market. While noting that the Government considers that such provisions fall within the exception provided for under Article 11(2)(e) of the Convention, the Committee recalls that the exclusion provided for in the Convention only refers to the situation of workers already employed in organizations or enterprises which carry out activities in a third-country to which these workers are detached to undertake specific tasks, and therefore could not be applied generally to all third-country nationals working with temporary work permit (see 2016 General Survey concerning the migrant workers instruments, paragraph 127). The Committee also notes that migrant domestic workers, the majority of whom are women, are still limited to two changes of employer over a six-year period and change of sector is only possible with the approval of the Minister of the Interior. The Committee therefore asks the Government to take the necessary steps to amend its legislation in order to ensure that third-country nationals, including migrant domestic workers, who have resided in the country for two years, enjoy equality of treatment with nationals as regards access and free choice of employment, and to provide information on any progress made in this regard. It also asks the Government to provide information, disaggregated by sex and nationality, on the number of third-country nationals, including migrant domestic workers, with employment and residency permits exceeding two years.

Article 14 (b). Recognition of diplomas and qualifications. Referring to its previous comments, the Committee notes the Government’s statement that Law No. 31(I)/2008 on recognition of professional qualifications has been amended by Law No. 34(I)/2017 in order to harmonize the national legislation with the Directive 2013/55/EU of the European Parliament and of the Council of 20 November 2013 amending Directive 2005/36/EC on the recognition of professional qualifications. The Government states that no real obstacles have been encountered by Cyprus competent authorities in the recognition of the professional qualifications of third-country nationals which is done on an equal basis with Cypriot and EU nationals. The Committee however notes that, as recently highlighted by the European Commission, the law regulating the exercise of the profession of estate agents contained indirect discrimination against third country nationals, because it requires applicants to submit “certified educational attainment”, when there is no procedure for such certification for diplomas issued by schools in third countries and found there was indirect discrimination on the ground of national origin, in breach of the law transposing the Equality Acquis (European Commission, Country Report on non-discrimination, 2018, pages 46–47). The Committee, therefore, asks the Government to provide information, including studies or surveys, on any obstacles encountered in practice regarding the recognition of diplomas and qualifications of third-country nationals, including EU citizens, in particular with regard to the profession of estate agents. It asks the Government to provide information on any assessment carried out by competent authorities on this issue. The Committee again asks the Government to provide information on any specific legislative provisions regarding recognition of the professional qualifications of third-country nationals.

Article 14(c). Restrictions in the interest of the State. Public service. The Committee previously noted that the Law on Foreigners and Immigration provides for equal treatment of third-country nationals with a long-term residence permit with nationals in respect of access to wage employment and independent professional activities, as long as these activities do not concern, even occasionally, the public service (section 18JG(1)(a)). With respect to EU citizens, section 31(a) of the Public Service Law 1990–2006 provides that they can be appointed to the public service provided that the post is not one that involves the exercise of public authority and the responsibility for the safeguarding of the general interests of the State. The Committee previously noted, however, that no EU national was employed in the public service, except in the area of public education, and that language requirements represent a serious obstacle for access to employment of EU migrant workers. The Committee notes the Government’s indication that language requirements are linked to the relevant decisions of the Council of Ministers that written communication in the public sector is carried out in the Greek Language, and that for the purpose of facilitating access to employment of third-country nationals, fast learning courses of Greek Language for English speakers with appropriate certifications are being organized. The Government adds that positions that involve the exercise of public authority and the safeguarding of the interests of the State do not exceed 15 per cent of the total approved positions in public administration. The Committee recalls that general prohibitions as regards the access of foreigners to certain occupations, when permanent, are contrary to the principle of equal treatment unless they apply to limited categories of occupations or public services and are necessary in the interest of the State (see 2016 General Survey, paragraph 370). The Committee therefore asks the Government to ensure that restrictions on the access of third-country nationals to employment are related to “limited categories of employment and functions” and necessary “in the interest of the State” in line with Article 14(c) of the Convention, and to provide information on any developments in this regard. It further asks the Government to provide detailed information on the types of posts which have been considered as involving the exercise of public authority and the responsibility for the safeguarding of the general interests of the State. The Committee asks the Government to provide updated statistical information on the number of EU citizens and third-country nationals employed in the public service, as well as on the number and nature of complaints against public sector institutions regarding unequal treatment in employment and occupation, including those related to language requirements of EU citizens, addressed by any competent authorities.

Enforcement. The Committee notes that, according to the statistical information provided by the Government, the number of complaints regarding discrimination on the ground of “national origin” in employment submitted to the Equality Authority substantially dropped from 19 in 2013 to six in 2016, while between 2013 and mid-2017, only three cases of discrimination based on ethnic origin in employment were submitted to the Equality Authority. The Government adds that the Ministry of Labour, Welfare and Social Insurance is proceeding with the implementation of a decision for the creation of a single inspectorate unit, which will not only help to increase inspections undertaken, but will also help to further enhance their efficiency. The Committee asks the Government to provide information on any measures taken to raise awareness and strengthen the ability of foreign workers to claim their rights in respect of non-discrimination and equality of opportunity and treatment, including through the creation of a single inspectorate, as well as on their impact. It asks the Government to continue to provide information on the number of cases or complaints of discrimination from EU citizens and third-country nationals dealt with by the labour inspectorate, the Equality Authority, the courts or any other competent authorities, as well as the sanctions imposed and the remedies granted, while specifying the alleged ground of discrimination.

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.

Article 5(1) of the Convention. Effective tripartite consultations. The Committee welcomes the information provided by the Government regarding tripartite consultations held on the matters relative to international labour standards under Article 5(1)(a), (b) and (e) of the Convention. With regard to Article 5(1)(a), the Committee notes that the 2017 questionnaire concerning the “Abrogation of four and withdrawal of two international labour Conventions” (106th Session of the Conference) and the 2018 questionnaire concerning the “Abrogation of six international labour Conventions and withdrawal of three international labour Recommendations” (107th Session of the Conference) were communicated to the most representative workers’ and employers’ organizations, who expressed their agreement with the abrogation and withdrawal of the instruments. The Committee further notes that the questionnaire on “Ending violence and harassment against women and men in the world of work” (108th Session of the Conference) was communicated to the most representative workers’ and employers’ organizations, and their answers were incorporated in the Government’s response to the ILO. With regard to Article 5(1)(b), the Committee notes that the most representative organizations of employers and workers were consulted in respect of the examination of the Employment and Decent Work for Peace and Resilience Recommendation, 2017 (No. 205), adopted by the Conference at its 106th Session. It notes with interest that the social partners agreed with the Government’s proposal to accept Recommendation No. 205 and to submit it to the competent authorities. The Recommendation was thereafter submitted to the House of Representatives on 28 February 2018, in accordance with article 19 of the ILO Constitution. With regard to Article 5(1)(e), the Committee notes that the Government consulted the most representative organizations of employers and workers concerning the denunciation of the Unemployment Provision Convention, 1934 (No. 44) and the Minimum Age (Underground Work) Convention, 1965 (No. 123), and after consensus was reached among the tripartite parties, the Conventions were subsequently denounced. The Committee notes that the Government provides no information with respect to the application of Article 5(1)(c) of the Convention. The Committee requests the Government to continue to provide updated information on the content, frequency and outcome of the tripartite consultations held on all of the matters relative to international labour standards as required under Article 5(1)(a)–(e) of the Convention.

The Committee notes the Government’s second and third reports on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). The Committee notes that the amendments to the Code approved by the International Labour Conference in 2014 and in 2016 entered into force for Cyprus, respectively, on 18 January 2017 and on 8 January 2019. Following a second review of the information and documents available, the Committee draws the Government’s attention to the following issues.

Article II, paragraphs 1(f), 2, 3 and 7. Definitions and scope of application. Seafarers. National determination. The Committee requested the Government, in its previous comment, to explain whether consultations with shipowners’ and seafarers’ organizations have taken place in the event of doubt concerning any categories of persons regarded as seafarers, as stipulated in Article II, paragraph 3 of the Convention. The Committee notes the Government’s indication that consultations in respect of the definition of the term “seafarer” took place during the preparation of the draft bill for the ratification of the MLC, 2006 between the Department of Merchant Shipping (DMS) on behalf of the Government, the Cyprus Shipping Chamber (CSC) and the Cyprus Union of Shipowners (CUS) on behalf of the shipowners’ organizations and SEGDAMELIN PEO and SEK on behalf of the seafarers’ organizations. The Committee takes note of this information, which addresses its previous request.

The Committee also requested the Government to provide further information regarding the “non-marine personnel” referred to in section 2 of the Maritime Labour Convention 2006, (Ratification) and for Matters Connected Therewith Law of 2012 (hereinafter the MLCL). Section 2 defines the seafarer as “any person who is employed in any capacity on board a ship to which this Law applies”. This section, however, exempts the following categories of workers: (i) scientists, researchers, divers, specialist off-shore technicians etc. whose work is not part of the routine business of the ship; (ii) harbour pilots, inspectors, surveyors, auditors, superintendents etc. who although trained and qualified in maritime skills and perform key specialist functions, their work is not part of the routine business of the ship; (iii) guest entertainers, repair technicians, port workers whose work is occasional and short term with their principal place of employment being ashore; and (iv) non-marine personnel, employed under outsourced service agreements, the terms of which determine the conditions under which the service provider will supply the necessary personnel. The Committee notes the Government’s indication that the above-mentioned reference to “non-marine personnel” was introduced to cover similar categories of persons as those listed in point (i), (ii) and (iii) of subsection 2-(1) of the MLCL for carrying out specific operations of the vessel which the crew is not in a position to undertake. The Government further indicates that the duration of stay and the frequency of periods of work spent on board, as well as the location of such personnel’s principal place of work, will be defined on a case by case basis taking into account the nature of the operations needed on board in consultation with Shipowners’ and Seafarers’ organizations as per Circular DMS Circ. No. 24/2012. The Committee notes also the Government’s indication that until 30/06/2019 no case has been examined by DMS regarding the exemption of non-marine personnel. The Committee requests the Government to provide examples of any determinations made in the future in relation to “non-marine personnel”.

Regulation 2.4 and Standard A2.4, paragraph 2. Entitlement to leave. Method of calculation. Noting that while section 58(2) of the MLCL sets the annual paid leave at 2.5 calendar days per month of employment of the seafarer, section 13(1) of the Merchant Shipping (Organization of Working Time of Seafarers) Law (OWTL) provides for a “period of four weeks” annual paid leave, which corresponds to a total of 28 days, as opposed to the 30 days (2.5 calendar days for every month) established in the MLCL, the Committee requested the Government to clarify how it implements the requirements of Standard A2.4, paragraph 2. The Committee notes the Government’s indication that Standard A2.4 is given effect by the provisions of section 58(2) of the MLCL and that the interpretation of the provisions of section 13(1) of the OWTL clarifies the point further. The Government further explains that: (a) in accordance with the MLCL, for every month of employment the seafarer is entitled 2.5 days paid leave, therefore the ratio between employment on board and paid leave is 2.5/30=1/12; and (b) in accordance with the OWTL the annual paid leave is 4 weeks which corresponds to 48 weeks of employment on board, therefore the ratio between employment on board and paid leave is 4/48=1/12. The Committee takes note of this information, which addresses its previous request.

Regulation 2.5 and Standard A2.5.2. Financial security in the event of abandonment. In relation to the 2014 amendments to the Code of the Convention, the Committee recalls that, pursuant to Standard A2.5.2, the Government shall ensure the provision of an expeditious and effective financial security system to assist seafarers in case of their abandonment. The Committee notes that, while the Government’s report was received after the entry into force of the amendments and DMS Circular No. 37/2016 referred to by the Government informs about these amendments, the Government has not provided any further information related to the laws and regulations giving effect to the new provisions of the Convention. The Committee therefore brings the Government’s attention to the following questions included in the revised report form for the Convention: (a) does national legislation require the provision of an expeditious and effective financial security system to assist seafarers in the event of their abandonment (if yes, specify if the financial security system was determined after consultation with the shipowners’ and seafarers’ organizations concerned); (b) has your country received requests to facilitate repatriation of a seafarer and, if yes, how did your country respond; (c) what are the circumstances under which a seafarer is considered abandoned according to national legislation; (d) does national legislation provide that ships that need to be certified according to Regulation 5.1.3 must carry on board a certificate or other documentary evidence of financial security issued by the financial security provider (if yes, specify if the certificate or other documentary evidence must contain the information required by Appendix A2-I and has to be in English or accompanied by an English translation, and if a copy must be posted in a conspicuous place on board); (e) does national legislation require that the financial security system is sufficient to cover outstanding wages and other entitlements, all expenses incurred by the seafarer (including the cost of repatriation), and the essential needs of the seafarers, as defined in Standard A2.5.2, paragraph 9; and (f) does national legislation provide for at least 30 days of notice by the financial security provider to the competent authority of the flag State before the financial security can cease? The Committee requests the Government to reply to the above-mentioned questions, indicating in each case the applicable national provisions. The Committee also requests the Government to provide a copy of a model certificate or other documentary evidence of financial security containing the information required in Appendix A2-I of the Convention (Standard A2.5.2, paragraph 7).

Regulation 3.1 and the Code. Accommodation and recreational facilities. The Committee requested the Government to explain whether consultations with shipowners’ and seafarers’ organizations have taken place with respect to the exemptions provided in section 79 of the MLCL for ships of less than 200 GT from specific provisions of Standard A3.1. The Committee notes the Government’s indication that no exemption has been granted under section 79 of the MLCL, therefore consultations with shipowners’ and seafarers’ organizations have not taken place. The Committee notes also the Government’s indication that if an application for exemption under section 79 of the MLCL is filed, the DMS will proceed in consultation with shipowners’ and seafarers’ organizations before the exemption is granted. The Committee duly takes note of this information, which addresses its previous request.

Regulation 4.2 and the Code. Shipowners’ liability. The Committee noted that section 36(1) of the Merchant Shipping (Fees and Taxing Provisions) Law of 2010 (44(I)/2010) states that the crew manager must ensure that the shipowner complies with his obligations of liability regarding payment of wages in case of accident or sickness, as established in Regulation 4.2. It also noted that section 36(2) of this law further states that, in the case where the shipowner’s liability is not covered by the shipowner with financial security to meet claims of contractual compensation in the event of the death or long-term disability of the seafarers due to an occupational injury, illness or hazard, then such financial security shall be provided by the crew manager, who can act as the seafarer’s employer, and, therefore, to be also bound by the shipowner’s liability. Recalling that managers are included in the definition of “shipowner” according to paragraph 1(j) of Article II of the Convention and the fact that the crew manager may act as the seafarer’s employer, the Committee requested the Government to specify the legislative provisions and measures taken to ensure that managers provide financial security, as well as the forms this may take. The Committee notes the Government’s explanation that the Merchant Shipping (Fees and Taxing Provisions) Law of 2010 (L. 44(I)/2010) was enforced prior to entry into force of the MLCL and that the intention was to secure the implementation of important elements of the Convention. The Government further indicates that the approval of MLCL and its entry into force on 20/08/2013 enacted the provisions of sections 62, 66 and 118 regarding shipowner’s liability. Compliance with these provisions is ensured through the certification procedure carried out by the Recognized Authorizations and inspections conducted by DMS marine surveyors. The 2014 amendments to the Code of MLC, 2006, regarding financial security for shipowner’s liability have been adopted under the tacit acceptance procedure by DMS Circular No. 37/2016 which provides direct access and sufficient coverage to seafarers’ claims for compensation in the event of death or long term disability due to an occupational injury, illness or hazard. The Committee duly takes note of this information, which addresses its previous request.

Regulation 4.2 and Standard A4.2.1 and A4.2.2. Shipowners’ liability. Financial security in the event of death or long-term disability. In relation to the 2014 amendments to the Code of the Convention, the Committee notes that while the Government’s report was received after the entry into force of the amendments and DMS Circular No. 37/2016 referred to by the Government informs about these amendments, the Government has not provided any further information related to the laws and regulations giving effect to the new provisions of the Convention. The Committee brings the Government’s attention to the following questions included in the revised report form for the Convention: (a) what is the form taken by the system of financial security and was it determined after consultation with the shipowners’ and seafarers’ organizations concerned; (b) how national laws and regulations ensure that the system of financial security meets the following minimum requirements: (i) payment of compensation in full and without delay; (ii) no pressure to accept payment less than the contractual amount; (iii) interim payments (while situation is being assessed) to avoid undue hardship; (iv) offsetting payment against any damages resulting from any other claim made by the seafarer against the shipowner and arising from the same incident; and (v) persons who can bring the claim for contractual compensation (seafarer, her/his next of kin, representative or designated beneficiary); (c) does national legislation provide that ships must carry on board a certificate or other documentary evidence of financial security issued by the financial security provider (if yes, specify if the certificate or other documentary evidence has to contain the information required in Appendix A4-I, be in English or accompanied by an English translation, and if a copy must be posted in a conspicuous place on board); (d) does national legislation provide: (i) for at least 30 days of notice by the financial security provider to the competent authority of the flag State before the financial security can cease; (ii) that the competent authority is notified by the financial security provider if a shipowner’s financial security is cancelled or terminated; and (iii) that seafarers receive prior notification if a shipowner’s financial security is to be cancelled or terminated; and (e) how does national legislation ensure that effective arrangements are in place to receive, deal with and impartially settle contractual claims relating to compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard, through expeditious and fair procedures? The Committee requests the Government to reply to the above-mentioned questions, indicating in each case the applicable national provisions. The Committee also requests the Government to provide a copy of a model certificate or other documentary evidence of financial security containing the information required in Appendix A4-I of the Convention (Standard A4.2.1, paragraph 14).

Regulation 4.3 and Standard A4.3, paragraph 2(d). Health and safety protection and accident prevention. Ship’s safety committee. The Committee noted that while section 140 of the MLCL was in conformity with Standard A4.3, paragraph 2(d), section 3.6.2 of the Cyprus Code of Safe Working Practices for Seafarers (hereinafter, the Safety Code) states that a safety committee is desirable for ships with more than five workers, and mandatory when there are more than ten workers. The Committee requested the Government to consider amending the Safety Code in order to bring it into conformity with the Convention. The Committee notes the Government’s indication that although the MLCL provision supersedes the Safety Code, this uncertainty will be remedied through the appropriate amendments in the next revision of the Cyprus Code of Safe Working Practices. The Committee requests the Government to provide information on any developments in this regard.

Regulation 4.4 and the Code. Access to shore-based welfare facilities. The Committee requested the Government to provide additional information regarding plans for further development of seafarer welfare facilities in its ports. The Committee notes the Government’s indication that seafarers on board ships calling at the ports of Cyprus are allowed to use ports’ public facilities, including the new passenger terminal recently built in Limassol port. In addition, there is an office of the “Mission to Seafarers” which is located at the premises at the Port of Limassol which also provides a range of facilities. The Committee notes that information, which addresses its previous request.

Regulation 4.5 and Standard A4.5, paragraph 3. Social security. Protection for seafarers ordinarily resident in its territory. The Committee requested the Government to provide information on how it is ensured that social security protection is provided to seafarers regardless of the length of employment on board as well as to those who are ordinarily resident in Cyprus and working on ships flying the flag of another country outside of the European Union. The Committee notes the Government’s indication that according to Article 151 of MLCL, a seaman working aboard a Cyprus ship is entitled on the basis of any state, semi-state or private insurance scheme, to social insurance protection which must at least cover medical care, sickness benefit or invalidity benefit, or employment injury benefit, as a result of an occupational accident. The Government further indicates that according to the Social Security Law 59(i)/2010 paragraph 2 of Part I of the First Schedule, employment of persons who fall within the scope of EU Regulation 883/2004, for the coordination of social security systems working aboard ships flying the Cyprus Flag, is considered as insurable employment. According to Paragraph 6 of Part II of the First Schedule of the Social Security Law, persons who fall under the above provision but who do not have the habitual residence in Cyprus and have worked for less than six months aboard a ship flying the flag of Cyprus and are insured in another State, are exempted from paying social insurance contributions in Cyprus. The Committee notes the Government’s explanation that all three of the conditions above have to apply simultaneously in order for a person to be exempted and that the above provision ensures that the persons working aboard ships flying the Cyprus flag are not left without social security insurance (even if they are insured in another country) regardless of their length of employment or habitual residence. The Committee also notes the Government’s indication that in the event they are notified that a seafarer who falls under Paragraph 2 of Part I of the First Schedule of the Social Security Law 59(i)/2010, working on board a ship flying the flag of Cyprus is not insured under the Cyprus Social Security Scheme, the Social Security Services request that the employer provides sufficient evidence that the conditions of the exception are met, such as a certificate of his/her insurance. Failure to provide such evidence will render the employer/ship-owner subject to the sanctions stipulated in the Ratifying law as well as of the penalties stipulated in the Social Insurance law in respect of undeclared work and unpaid contributions. The Committee finally notes the Government’s indication that the Social Security Services and the Department of Merchant Shipping work in close cooperation on this issue, in order to ensure adherence to the provisions of the MLCL. The Committee also requested the Government to transmit copies of the bilateral and multilateral agreements on social security. The Committee notes the copies of the bilateral agreements of Social Security with Australia, Canada (Quebec), Serbia and Egypt submitted by the Government. The Committee also notes the Government’s indication that it is in the final stages of concluding an agreement with New Zealand. The Government further states that no case of seafarers, ordinarily residents of Cyprus, working on board ships flying a non-EU Member State flag, has been recorded so far. The Committee takes note of this information, which addresses its previous request.

Regulation 5.1.2 and the Code. Flag State responsibilities. Authorization of recognized organizations. The Committee requested the Government to provide a sample copy of an agreement between Cyprus and a recognized organization. The Committee notes the Government reference to the GISIS website of the International Maritime Organization which contains an updated list of the Recognized Organizations authorized by Cyprus together with pdf sample agreements. The Committee also notes the letter of 2012 submitted by the Government referring to a follow up to the main agreement between the Government of Cyprus and Rina Services S.p.A, authorizing specific statutory work in respect of the MLC, 2006. The Committee takes note of this information, which addresses its previous request.

Regulation 5.1.3 and Standard A5.1.3, paragraph 10. Flag State responsibilities. Declaration of Maritime Labour Compliance. Content. The Committee noted that the DMLC, Part I, even if it includes brief explanations, often only refers to the relevant legislation and documents without further information on the content of the identified provisions. Recalling that unless all of these referenced documents are carried on board ship and are easily accessible to all concerned, it would be difficult for port State control officers or seafarers to understand what the national requirements are on these matters, the Committee requested the Government to consider amending the DMLC. The Committee notes the Government’s explanation that all referenced documents must be carried on board and be easily accessible to all concerned. The Government further indicates that paragraphs 12 and 13 of DMS Circ. No. 24/2012 and DMS Circ. No. 27/2006 inform shipowners of their obligation to carry on board the latest version of these documents. The Committee takes note of this information, which addresses its previous request.

Regulation 5.1.4 and Standard A5.1.4, paragraphs 10 and 11(b). Flag State responsibilities. Inspection and enforcement. Confidentiality of sources of grievances or complaints. The Committee requested the Government to provide additional information as to how the confidentiality of the information obtained by the inspector is guaranteed, as required under of Standard A5.1.4, paragraphs 10 and 11(b). The Committee notes the Government’s explanation that the Department of Merchant Shipping had adopted a Declaration of Confidentiality to be completed and signed by marine duly authorized officers of the Department of Merchant Shipping for flag and/or Port State Control inspections. The declaration refers to the confidentiality obligation of the inspectors as per Regulation 5.1.4, Standard A5.1.4, paragraph 10 as well as Regulation 5.1.4, Standard A5.1.4, paragraph 11 of the Convention. The Committee takes note of this information, which addresses its previous request.

Regulation 5.1.5 and Standard A5.1.5. Flag State responsibilities. On-board complaint procedures. The Committee requested the Government to explain how effect is given to the seafarer’s right to complain directly to the master (Standard A5.1.5, paragraph 2) and the seafarer’s right to be accompanied or represented during the complaints procedure (Standard A5.1.5, paragraph 3). The Committee notes the Government’s reference to the on board complaint procedure defined by DMS Circ. No. 24/2012 which gives effect to these requirements. The Committee also requested the Government to explain how effect is given to the requirements concerning the information provided to seafarers on the on-board complaint procedure (Standard A5.1.5, paragraph 4). The Committee notes that the DMS Circ. No. 24/2012, as well as the “Model for on board complaint handling procedures” contain the contact information of the relevant competent authorities and the names of persons on board the ship who may confidentially assist the seafarer regarding the complaint. The Committee takes note of this information, which addresses its previous request.

Regulation 5.2.2 and Standard A5.2.2, paragraph 7. Port State responsibilities. On-shore seafarer complaint-handling procedures. Confidentiality of the complaints. The Committee requested the Government to explain how the confidentiality of complaints made by seafarers is safeguarded (Standard A5.2.2, paragraph 7). The Committee notes that paragraph 4 of Section 21 (entitled “Procedures for complaints”) of The Merchant Shipping (Port State Control) (Amendment) Law of 2015 (Law 155(I)/2015) states that “the Competent Authority ensures that the identity of the complainant is secured and not be revealed to the master or the operator of the ship. In particular the surveyor shall take appropriate steps to safeguard the confidentiality of complaints made by seafarers, including ensuring confidentiality during any interviews of seafarers; Provided that the present subsection applies also with respect to complaints covered by the MLC, 2006.” The Committee takes note of this information, which addresses its previous request.

Comments adopted by the CEACR: Cyprus

Adopted by the CEACR in 2021

C029 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C094 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Adopted by the CEACR in 2020

C170 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Adopted by the CEACR in 2019

C081 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C095 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C097 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C100 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C111 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C111 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

C114 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C128 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C143 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C143 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

C144 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

MLC, 2006 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)