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

Protection of Wages Convention, 1949 (No. 95) - Cyprus (Ratification: 1960)

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.