Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Cyprus (Ratification: 1966)

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

The Committee notes the Government’s report as well as its reply to the comments made by the International Confederation of Free Trade Unions (ICFTU, now ITUC – the International Trade Union Confederation) dated 10 August 2006.

The Committee’s previous comments concerned the need to amend sections 79A and 79B of the Defence Regulations which grant the Council of Ministers discretionary power to prohibit strikes in the services that they consider essential. The Committee notes with satisfaction that sections 79A and 79B of the Defence Regulations are now repealed by Order No. 366/2006 published in the Official Gazette on 22 September 2006.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the comments made by the International Confederation of Free Trade Unions (ICFTU) dated 10 August 2006, which refer to the possibility of replacing strikers and to the anti-union harassment of a trade union organization. The Committee requests the Government to send its observations regarding the ICFTU’s comments.

The Committee also requests the Government to provide, in accordance with the regular reporting cycle and in time for the Committee’s next session in November-December 2007, its observations on the legislative matters mentioned in the Committee’s 2005 observation (see 2005 observation, 76th Session).

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee takes note of the Government’s report.

The Committee’s previous comments concerned the need to amend sections 79A and 79B of the Defence Regulations which grant the Council of Ministers discretionary power to prohibit strikes in the services that they consider essential. In its last comments the Committee had noted with interest that a draft law was under preparation in order to: (1) repeal sections 79A and 79B of the Defence Regulations; (2) define essential services strictly in a manner compatible with the Convention; (3) allow for the exercise of industrial action in such services provided an agreed minimum service was ensured; (4) follow up by an agreement setting out the procedure to be followed for dispute settlement.

The Committee notes from the Government’s report that in line with the Government’s new policy to promote the regulation of strikes in essential services through consensus achieved by means of a voluntary agreement, in April 2003, the aforementioned draft regulation was withdrawn with a view to regulating the issue through an agreement signed by the social partners. Following this development, an Agreement on the Procedure for the Settlement of Labour Disputes in Essential Services was signed on 16 March 2004. The Agreement, which has universal application to all sectors of activity in which essential services exist, requires the parties to submit their dispute to an Arbitration Committee, jointly or separately, after a deadlock is declared in essential services, in accordance with the existing provisions of the Industrial Relations Code. The Arbitration Committee, consisting of three persons appointed by the Minister of Labour and Social Insurance, must communicate its decision within six weeks. This decision is not binding on the parties. In the case of non-acceptance of the decision by either side, industrial action may be taken after written notice of 25 days. Article 4 of the Agreement provides for a negotiated minimum service in essential services.

As for sections 79A and 79B of the Defence Regulations, the Committee notes with interest from the Government’s report that with the signing of the Agreement on the Procedure for the Settlement of Labour Disputes in Essential Services, the Government agreed to the repeal of the aforementioned Regulations. Consequently, an Order was prepared by the Law Office of the Republic for the repeal of the Regulations and is expected to be endorsed by the Council of Ministers shortly.

The Committee expresses the firm hope that sections 79A and 79B of the Defence Regulations will be repealed without delay and requests the Government to indicate in its next report progress made in this respect and to provide any relevant draft text in this regard.

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

The Committee notes the information provided in the Government’s report.

In its previous comments, the Committee had insisted on the need to amend sections 79A and 79B of the Defence Regulations which grant the Council of Ministers discretionary power to prohibit strikes in the services that they considered essential. The Committee recalled that strikes can only be prohibited in essential services in the strict sense of the term, namely services the interruption of which would endanger the life, personal safety or health of the whole or part of the population. In its previous reports, the Government had indicated that discussions on the right to strike in essential services had been continuing between a ministerial committee and the trade unions and that, as a result, it decided to introduce a framework law which would be confined to defining "essential services" and "minimum services", and which would bind the parties to a labour dispute in an essential service to follow for settlement, a procedure which would be defined and agreed upon by them. The Committee recalls in this respect that the Government has, over the last ten years, been referring to the review of its legislation in consultation with the social partners but that, according to the Government, the trade unions disagreed, in particular on the method for achieving this reform.

In its report, the Government reiterates that a framework law has been drafted. The draft limits itself to defining "essential services" and "minimum services" and would bind the parties to a dispute in an essential service to follow for its settlement the procedure described in a schedule to the law and which reflects a proposal made by the trade union side in a joint letter with the Cyprus Employers’ and Industrialists’ Federation. The Government considers that the combination of the law and an agreement would secure its commitment to regulate, by law and in a manner compatible with ILO principles and standards, the right to strike in essential services, as well as the effective protection of the public interest and workers’ right to strike. The Government reiterates that the draft was transmitted to the trade unions which insisted that the issue was not a matter for legal regulations and that it should be dealt with in an agreement; the dialogue was thus brought to an end. Nevertheless, the Ministry of Labour and Social Insurance, after consulting the Office on the consistency of the draft law with ILO principles and standards, submitted the draft to the Council of Ministers. The Council gave its approval in principle and authorized the Minister to submit it to the Attorney-General before its final examination by the Council. At the end of May 2002 (end of the period covered by the report), the draft was still before the Attorney-General.

The Committee takes note with interest of the draft law, which had been submitted to the Office for an informal opinion on its conformity with the Convention. It notes, in particular, that this draft law would repeal the discretionary power granted by law to the Council of Ministers, under sections 79A and 79B of the Defence Regulations, to prohibit strikes and would define essential services strictly in a manner compatible with the Convention. The Committee further notes that the exercise of industrial action in such services would be allowed, provided an agreed minimum service is ensured. The procedure to be followed for dispute settlement would be set out in an agreement, annexed in a schedule to the law. The Government has explained that it has tried in this way to reply to the concerns of the trade unions that the matter be dealt with in an agreement, while ensuring that the discretionary power granted by the Defence Regulations is repealed and that the strict definition of essential services is not subject to negotiation. In these circumstances, the Committee expresses the firm hope that the reform will be completed very soon. It requests the Government to keep it informed of the most recent developments in this respect and to provide with its next report any relevant draft or final text.

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

The Committee notes that the Government’s report has not been received. It must repeat its previous observation, which read as follows:

In its previous comments, the Committee had insisted on the need to amend sections 79A and 79B of the Defence Regulations which grant the Council of Ministers discretionary power to prohibit strikes in the services that they considered essential. The Committee recalled that strikes can only be prohibited in essential services in the strict sense of the term, namely services the interruption of which would endanger the life, personal safety or health of the whole or part of the population.

The Government indicated in its latest report that the discussions on the right to strike in essential services had been continuing between a ministerial committee and the trade unions and that the two sides had met on several occasions and most recently on 24 May 2000. The Government indicated that following the views expressed within the framework of this dialogue, it had decided to introduce a framework law which would be confined to defining "essential services" and "minimum service" and which would bind the parties in the case of a labour dispute in an essential service to follow for its settlement a procedure which would be defined and agreed upon by the parties.

The Committee noted this information but recalls that it has been formulating its observations on the restrictions on the right to strike provided for in the Defence Regulations for more than a decade. The Committee trusts that the necessary steps will be taken in the near future to ensure the total conformity of the legislation with the principles of the Convention, namely that the right to strike may only be prohibited in essential services in the strict sense of the term, for public servants exercising authority in the name of the State or in times of acute national crisis.

The Committee trusts once again that the Government will be able to indicate in its next report that substantial progress has been made in this regard. It requests the Government to provide information on the progress made and to provide the text of the new legislation as soon as it has been adopted.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the information provided in the Government’s report.

In its previous comments, the Committee had insisted on the need to amend sections 79A and 79B of the Defence Regulations which grant the Council of Ministers discretionary power to prohibit strikes in the services that they considered essential. The Committee recalled that strikes can only be prohibited in essential services in the strict sense of the term, namely services the interruption of which would endanger the life, personal safety or health of the whole or part of the population.

The Government indicates in its latest report that the discussions on the right to strike in essential services has been continuing between a ministerial committee and the trade unions and that the two sides have met on several occasions and most recently on 24 May 2000. The Government indicates that following the views expressed within the framework of this dialogue, it has decided to introduce a framework law which would be confined to defining "essential services" and "minimum service" and which would bound the parties in the case of a labour dispute in an essential service to follow for its settlement a procedure which would be defined and agreed upon by the parties.

The Committee takes note of this information but recalls that it has been formulating its observations on the restrictions on the right to strike provided for in the Defence Regulations for more than a decade. The Committee trusts that the necessary steps will be taken in the near future to ensure the total conformity of the legislation with the principles of the Convention, namely that the right to strike may only be prohibited in essential services in the strict sense of the term, for public servants exercising authority in the name of the State or in times of acute national crisis.

The Committee trusts once again that the Government will be able to indicate in its next report that substantial progress has been made in this regard. It requests the Government to provide information on the progress made and to provide the text of the new legislation as soon as it has been adopted.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the information provided in the Government's report.

In particular, the Committee notes with interest that a certain number of improvements have been made by amending the 1996 Act respecting trade unions. Section 16 of the Act now provides that the withdrawal or the annulment of the registration of a trade union may only be made at the request of the registrar of the trade unions by decision of the courts and not, as previously, by decision of the registrar of trade unions, whose decision could be re-examined by the Council of Ministers, and the re-examination was subject to an appeal to a court of law.

In its previous comments, the Committee had insisted on the need to amend sections 79A and 79B of the Defence Regulations which grant the Council of Ministers discretionary power to prohibit strikes in the services that they considered essential. The Committee recalled that strikes can only be prohibited in essential services in the strict sense of the term, namely services the interruption of which would endanger the life, personal safety or health of the whole or part of the population.

The Government indicates in its latest report that the draft Bill on the right to strike in essential services is being examined by a ministerial committee which has met on several occasions and most recently on 17 July 1998. The Government reiterates that every effort will be made to ensure that the new legislation is in conformity with the provisions of the Convention.

The Committee recalls that it has been formulating its observations on the restrictions on the right to strike provided for in the Defence Regulations for more than a decade. The Committee trusts that the necessary steps will be taken in the near future to ensure the total conformity of the legislation with the principles of the Convention, namely that the right to strike may only be prohibited in essential services in the strict sense of the term, for public servants exercising authority in the name of the State or in times of acute national crisis. The Committee trusts that the Government will be able to indicate in its next report that substantial progress has been made in this regard. It requests the Government to provide information on the progress made and to provide the text of the new legislation as soon as it has been adopted.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes the information provided in the Government's latest reports.

The Committee would recall that its previous comments concerned the need to amend sections 79A and 79B of the Defence Regulations which grant the Council of Ministers discretionary power to ban strikes in any such service which it considers essential. The Committee had recalled that strikes should only be prohibited in essential services in the strict sense of the term, that is, services the interruption of which could endanger the life, personal safety or health of whole or part of the population.

In its latest report, the Government has indicated that the draft legislation regulating the right to strike in essential services is still being examined by the Council of Ministers, that it is aware of the Committee's comments in this respect and that every effort will be made to ensure that the new legislation will be compatible with the requirements of the Convention.

The Committee would recall that it has commented on the restrictions on the right to strike in the Defence Regulations for over ten years now. It therefore trusts that the necessary measures will be taken in the very near future to ensure full conformity with this principle and requests the Government to indicate in its next report the progress made in this regard and to provide a copy of the legislation as soon as it is adopted.

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

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

Restrictions on the right to strike. With reference to its previous comments on the need to amend sections 79A and 79B of the Defence Regulations, which allow the Council of Ministers to ban strikes in certain services which it considers essential, the Committee notes that the Government's latest report contains no information on any further developments following the tripartite meeting of October 1992, held under the chairmanship of the Minister of Labour and Social Insurance, at which the Minister of Finance was also present, and which was to examine this matter. The Committee recalls that the notion of essential services in the context of international labour Conventions covers solely those services, the interruption of which would endanger the life, safety or health of the whole or part of the population. It trusts that new provisions that are in keeping with these principles will be adopted in the near future and again asks the Government to inform it of any new developments in this respect in its next report, and particularly to provide the text of any new provisions as soon as they have been adopted.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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

Restrictions on the right to strike. With reference to its previous comments on the need to amend sections 79A and 79B of the Defence Regulations, which allow the Council of Ministers to ban strikes in certain services which it considers essential, the Committee notes that the Government's latest report contains no information on any further developments following the tripartite meeting of October 1992, held under the chairmanship of the Minister of Labour and Social Insurance, at which the Ministry of Finance was also present, and which was to examine this matter.

The Committee recalls that the notion of essential services in the context of international labour Conventions covers solely those services the interruption of which would endanger the life, safety or health of the whole or part of the population. It trusts that new provisions that are in keeping with these principles will be adopted in the near future and again asks the Government to inform it of any new developments in this respect in its next report, and particularly to provide the text of any new provisions as soon as they have been adopted.

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes the information contained in the Government's report in reply to its previous comments, and in particular the text of Act No. 48 of 1991.

1. Right of trade unions to elect their representatives in full freedom. The Committee notes with satisfaction that, in response to the comments that it has been making since 1969, the House of Representatives adopted on 15 March 1991 Act No. 48 repealing provisions of the Associations Act which provided that only persons who are currently employed in the occupation or trade concerned could be appointed or elected to hold office in trade unions or confederations.

2. Restrictions on the right to strike. With reference to its previous comments on sections 79A and 79B of the Defence Regulations, which allow the prohibition of strikes in services declared to be essential by the Council of Ministers, the Committee notes with interest that according to the Government's report, the Office of the Attorney-General, in close cooperation with the Ministry of Labour and Social Insurance, is currently preparing new legislation to replace the Defence Regulations bearing in mind the principles contained in the relevant Conventions.

The Committee recalls that the concept of essential services in the context of international labour Conventions only covers those whose interruption would endanger the life, personal safety or health of the whole or part of the population. It trusts that new provisions that conform to the principles contained in the Convention will be adopted rapidly and requests the Government to keep it informed in its next report of any new developments in this respect, and to supply the text of the new provisions when they are adopted.

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes the information contained in the Government's report in reply to its previous comments.

1. Right of trade unions to elect their representatives in full freedom. With reference to the comments that it has been making since 1969, the Committee notes with interest that the Government submitted to the House of Representatives in June 1990 a draft Law amending the provisions of the Act respecting trade unions which lay down that only those who are currently employed in the occupation or trade concerned can be appointed or elected to hold office in trade unions or confederations. The Committee trusts that this draft Law will be adopted in the near future and requests the Government to supply a copy of it once it has been adopted.

2. Restrictions on the right to strike. With reference to its previous comments on sections 79A and 79B of the Defence Regulations, which allow the prohibition of strikes in services declared to be essential by the Council of Ministers, the Committee notes the Government's statement that recourse is made to these provisions only in cases of essential services within the meaning of the Cyprus Constitution and the Conventions of the ILO. The Government specifies that during the period covered by its report it did not invoke section 79B of the Defence Regulations, but that recourse was made to section 79A to end a strike by dockers in Cyprus.

The Committee recalls that this latter point was one of those involved in a complaint to the Committee on Freedom of Association (Case No. 1493, 268th Report, May-June 1986). The Committee emphasises once again, as did the Committee on Freedom of Association in Case No. 1493, that in its opinion the concept of essential services in the context of international labour Conventions covers only those whose interruption would endanger the life, personal safety or health of the whole or part of the population.

The Committee also notes with interest that, in a communication dated 14 March 1990, the Ministry of Labour announced that the Government of Cyprus was currently preparing new legislation to replace the Defence Regulations. The Committee trusts that new provisions conforming to the principles contained in the Convention will be adopted rapidly and requests the Government to keep it informed in its next report of any new developments in this respect and to supply the text of the new provisions when they are adopted.

Observation (CEACR) - adopted 1989, published 76th ILC session (1989)

The Committee notes the information contained in the Government's report in response to its previous comments.

1. Right of trade unions to elect their representatives in full freedom. In its previous comments, the Committee has asked the Government to amend certain legislative provisions (paragraph 4 of First Schedule, section 20(1) and section 57 of the Trade Unions Law) which restrict the rights of trade unions to elect their representatives freely and are not in conformity with the Convention.

The Committee notes from the Government's report that the Special Committee of the Labour Advisory Board has not finalised the consultations with the social partners on the revision of the Trade Unions Law; the Government expresses hope that progress on this issue will be reported in its next report.

The Committee would remind the Government that this question has been scrutinised by the Special Committee of the Labour Advisory Board since 1977, and accordingly urges the Government to indicate in its next report the measures taken to bring its legislation into conformity with the Convention at an early date.

2. Restrictions on the right to strike. The Committee notes from the Government's report that during the period under review the Government has had recourse to the Defence Regulations 79A and 79B, which allow prohibition of strikes in services declared essential by the Council of Ministers, to put an end to strikes and lock-outs in the banking sector. The Government adds that recourse to said Regulations was considered necessary and consistent with article 27 of the Cyprus Constitution.

The Committee recalls once more, as it did in its last direct request, that the right to strike may only be prohibited or restricted in the public service (that is to say, as regards public servants acting in their capacity as agents of the public authority) or in essential services in the strict sense of the term, that is those services whose interruption would endanger the life, personal safety or health of the whole or part of the population.

The Committee trusts that the Government will give due consideration to these principles in any future application of the Regulations in question.

In addition, it requests the Government to supply details of any future instances in which strikes may be prohibited or brought to an end by invoking these Regulations.