Observación (CEACR) - Adopción: 1989, Publicación: 76ª reunión CIT (1989)

Convenio sobre la libertad sindical y la protección del derecho de sindicación, 1948 (núm. 87) - Chipre (Ratificación : 1966)

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.