Termination of Employment Convention, 1982 (No. 158) - Cyprus (RATIFICATION: 1985)

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Application of the Convention in practice. The Committee welcomes the information provided by the Government relating to the application of the Convention, including the links to relevant decisions of the Industrial Disputes Court regarding cases of termination of employment. It also notes the statistical information provided in respect to claims for payment due to redundancy. The Committee also notes the introduced of an amendment to the Termination of Employment Law 89(I)/2016 concerning absences from work due to incapacity. The Committee nevertheless notes that the Government does not provide the information previously requested regarding appeals against unjustified dismissal. The Committee therefore reiterates its request that the Government provide statistics on the activities of the appellate bodies (such as the number of appeals against unjustified dismissal, the outcome of such appeals, the nature of the remedies awarded and the average time taken for an appeal to be decided), notably appeals from the Labour Court, as well as on the number of terminations for economic or similar reasons. The Committee also requests the Government to continue to provide updated information on the manner in which the provisions of the Convention are applied in practice.

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Application of the Convention in practice. The Government indicates that the legislation relevant to the application of the Convention has remained unchanged since its last report. The Committee notes the statistical information provided by the Government on the number of claims submitted for payment due to redundancy during the 2011–15 period, as well as copies of relevant decisions of the Industrial Disputes Court regarding cases of termination of employment. The Committee requests the Government to continue to provide general information on the manner in which the Convention is applied in practice, including, for example, statistics on the activities of the bodies of appeal (such as the number of appeals against unjustified dismissal, the outcome of such appeals, the nature of the remedy awarded and the average time taken for an appeal to be decided), notably from the Labour Court, as well as on the number of terminations for economic or similar reasons.

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The Committee notes the Government’s report received for the period ending in July 2011. The Government indicates that the legislation has remained unchanged since its previous report in 2008 and it submits a number of decisions from the Industrial Disputes Court written in Greek. The Committee invites the Government to provide in its next report relevant information on the application of the Convention. It also invites the Government to include information on the activities of the bodies of appeal, notably from the Industrial Disputes Court, as well as on the number of terminations for economic or similar reasons (Part V of the report form).

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The Committee notes the information provided by the Government in its report received in September 2008. Further to the 2007 direct request, the Government supplied copies of legislation and relevant decisions of the Industrial Disputes Court regarding cases of dismissal. The Committee welcomes the information provided and would appreciate receiving updated information on the manner in which effect is given in practice to the Convention in the Government’s next report (Parts IV and V of the report form).

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Parts I and II, IV and V of the report form. The Committee notes the Government’s report received in December 2006, which referred to copies of the Termination of Employment (Amendment) Laws of 2001, 2002 and 2003 that were not received by the Office. The Committee further notes that data on appeals against unjustified termination are not available since no separate records in connection to such appeals are kept by the Labour Dispute Court and the Civil Court. The Government also adds that records kept generally involve labour disputes with no reference to cases regarding unjustified termination. The Committee would appreciate receiving copies of relevant updated legislation which give effect to the provisions of the Convention as well as of relevant decisions issued by the Industrial Disputes Courts or the Civil Courts on the matters covered by the Convention.

[The Government is asked to reply in detail to the present comments in 2008.]

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The Committee has noted the information provided in the Government's report in reply to the previous direct request. Please continue providing with future reports examples of cases and copies of court decisions which would help the Committee's further appreciation of the effect given in particular to Article 2, paragraph 3, and Articles 4, 5 and 7 of the Convention. Please also supply supplementary information on the following points:

Article 2, paragraphs 4, 5 and 6. The Committee notes with interest the extension of redundancy payment to dockworkers who have been employed by different employers for the required period of time (by virtue of the Termination of Employment (Amendment) Act No. 167 of 1987) and to cases of redundancy occurring at the end of a fixed-term contract (by Act No. 37 of 1988). Noting that section 26A of the Termination of Employment Act (No. 24 of 1967) gives the Minister power to exclude "prescribed classes of employees", the Committee hopes that the Government will provide information should an Order be made excluding any class or classes of employees.

Article 10. The Committee notes the Government's statement that employees who do not have the minimum period of continuous employment with the same employer (26 weeks) are not entitled to any compensation for unjustified dismissal. Please indicate whether such workers are regarded as workers serving a qualifying period of employment, who may be excluded from all or some of the provisions of the Convention by virtue of Article 2, paragraph 2(b). If not, please indicate what measures are proposed to be taken for bringing the termination of employment legislation in conformity with Article 10.

Articles 11 and 12, paragraph 3. The Committee has noted the Government's indication that, in the light of the case law, dismissal without notice under section 5(e) and (f) of the Termination of Employment Act is justifiable only in cases of serious misconduct, in which case the employee is not awarded any compensation. Please provide further information on the practical application of section 5(a) of the Act under which dismissal of an employee who fails to carry out his work in a reasonably efficient manner does not give rise to a right to compensation payable under section 3, and whether the compensation is lost only in cases of dismissal for serious misconduct in accordance with Article 12, paragraph 3.

Article 13, paragraph 1. Please indicate how it is ensured that the employer provides the information described in the Government's report to the workers' representatives.

Article 14, paragraph 3. Noting the Government's statement that although no minimum period of notice is specified in the legislation, the notice given in practice is reasonable, the Committee asks the Government to indicate what measures are envisaged to give effect to this provision of the Convention which requires the minimum period of time to be specified by national laws or regulations.