Observation (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

Convention (n° 87) sur la liberté syndicale et la protection du droit syndical, 1948 - Chypre (Ratification: 1966)

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through consensus achieved by means of a voluntary agreement, in April 2003, the aforementioned draft regulation was withdrawn with a view to regulating the issue through an agreement signed by the social partners.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.