Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143) - Cyprus (Ratification: 1977)

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

Article 1 of the Convention. Basic human rights. The Committee asks the Government to continue to provide information, disaggregated by sex, nationality, and sector of activity on the number of migrant workers, in a regular or irregular situation, and on the measures adopted, including by the Department of Labour and the Equality bodies to ensure the full respect of their basic human rights.

Articles 2 to 7. Measures to detect, prevent and suppress irregular migration and the illegal employment of migrant workers. The Committee previously took note of the legislative provisions adopted by the Government with a view to harmonizing the national legislation with the Directive 2009/52/EC of the European Parliament and of the Council of 18 June 2009 providing for minimum standards on sanctions and measures against employers of illegally staying third-country nationals. The Committee notes, from the statistics provided by the Government in its report, as well as from the 2017 report of the European Migration Network, that, in 2016, a total of 282 third-country nationals irregularly staying and employed in Cyprus were identified, mainly from South-East Asia and Eastern Europe, and the number of employers prosecuted for illegal employment of foreigners significantly dropped from 984 in 2012 to 226 in 2016. The Government adds that, in case of breach of the employment contract, penalties are imposed on employers and, in case trafficking issues are identified, competent authorities are notified and immediate action is taken. Referring to its 2019 direct request on the application of the Migration for Employment Convention (Revised), 1949 (No. 97), the Committee notes with interest the ratification of the Protocol of 2014 to the Forced Labour Convention, 1930, on 1 February 2017, and points out that, in April 2019, in the context of the Universal Periodic Review (UPR), the Government indicated that steps are taken towards the ratification of the Private Employment Agencies Convention, 1997 (No. 181), (A/HRC/41/15, 5 April 2019, paragraph 53). The Committee further notes the adoption of the National Action Plan against Human Trafficking for 2016–18, as well as of a National Referral Mechanism guide for handling victims of trafficking in May 2016. The Committee however notes that, in its last concluding observations, the United Nations Committee on Economic, Social and Cultural Rights (CESCR) expressed concern about the prevalence of trafficking in migrant workers for the purposes of sexual and labour exploitation (E/C.12/CYP/CO/6, 28 October 2016, paragraphs 33 and 34); and that, in April 2019, the Human Rights Council, in the context of the UPR, recommended that the Government intensify efforts to prevent and combat trafficking in migrant workers, particularly women (A/HRC/41/15, 5 April 2019, paragraph 139). The Committee asks the Government to provide information on the concrete measures taken to effectively detect, prevent and suppress irregular migration and illegal employment, in particular trafficking in persons for exploitation in private households, including in the framework of the National Action Plan against Human Trafficking for 2016–18, and on the concrete impact of these measures on the reduction of this phenomenon. It also asks the Government to provide statistical information on the number of labour inspections carried out and detection of migrant workers in an irregular situation or illegally employed, as well as on the nature of the infringements identified and the administrative, civil and penal sanctions imposed on employers. The Committee further asks the Government to provide specific information on the penalties and other measures adopted against organizers of illegal or clandestine movements of migrants for employment with respect to work undertaken by foreign nationals.

Article 8. Legal status in the case of loss of employment. Following the Committee’s request for clarification, the Government states that third-country nationals residing legally in the country enjoy equal treatment with Cyprus and European Union (EU) nationals. The Committee notes that, according to the statistical information provided by the Government, 1,208 third-country nationals were registered as unemployed in September 2018. While noting this information, the Committee again asks the Government to specify whether, in the case of loss of employment, migrant workers expressly enjoy the right to equality of treatment with nationals for the remainder of the duration of their work permit, particularly with regard to security of employment, the provision of alternative employment and retraining.

Article 9. Rights arising out of past employment of migrant workers in an irregular situation. Referring to its previous comments, the Committee notes the downward trend in the number of complaints from third-country nationals examined by the Department of Labour, from 652 complaints in 2012 to 558 complaints in 2015, of which more than 80 per cent concerned migrant domestic workers. The Government indicates that a mechanism for resolving complaints submitted by migrant workers has been established at each District Labour Office. The Government adds that the whole procedure can be performed both in Greek and English, so as to ensure a clear understanding of each party’s positions. In most instances, an amicable solution is reached between the parties involved, either by signing a release agreement and allowing the migrant worker to look for a new employer or by providing further awareness of their employment rights and obligations to the migrant workers and thus, contributing towards their decision to return and continue working for their employer. The Committee asks the Government to continue to supply information on the number and nature of complaints submitted to the Department of Labour, specifying whether such complaints were submitted by the worker or the employer and concerned rights arising out of past employment (remuneration, social security or other benefits). It asks the Government to provide a copy of any legal decision ordering the payment of outstanding wages to migrant workers found to be illegally employed for the period worked. It also asks the Government to provide information on any other measures taken by the Department of Labour Relations in order to ensure that third-country nationals in an irregular situation can claim their rights arising out of past employment in accordance with Article 9 of the Convention.

Article 14(a). Free choice of employment and employment restrictions. The Committee previously noted that a temporary work permit of third-country nationals is tied to a specific occupation and to the employer mentioned in the employment contract, and that the worker has the right to change employer after the first year of employment and the expiration of the employment contract but that this right is limited to the same occupation or economic activity. The Committee notes the Government’s statement that a temporary work permit is issued for a specific occupation and a determined period of time, provided that a number of certain criteria are met by the employer, such as area of economic activity and the inability to find suitable employees for the specific duties from the local or European labour market. While noting that the Government considers that such provisions fall within the exception provided for under Article 11(2)(e) of the Convention, the Committee recalls that the exclusion provided for in the Convention only refers to the situation of workers already employed in organizations or enterprises which carry out activities in a third-country to which these workers are detached to undertake specific tasks, and therefore could not be applied generally to all third-country nationals working with temporary work permit (see 2016 General Survey concerning the migrant workers instruments, paragraph 127). The Committee also notes that migrant domestic workers, the majority of whom are women, are still limited to two changes of employer over a six-year period and change of sector is only possible with the approval of the Minister of the Interior. The Committee therefore asks the Government to take the necessary steps to amend its legislation in order to ensure that third-country nationals, including migrant domestic workers, who have resided in the country for two years, enjoy equality of treatment with nationals as regards access and free choice of employment, and to provide information on any progress made in this regard. It also asks the Government to provide information, disaggregated by sex and nationality, on the number of third-country nationals, including migrant domestic workers, with employment and residency permits exceeding two years.

Article 14 (b). Recognition of diplomas and qualifications. Referring to its previous comments, the Committee notes the Government’s statement that Law No. 31(I)/2008 on recognition of professional qualifications has been amended by Law No. 34(I)/2017 in order to harmonize the national legislation with the Directive 2013/55/EU of the European Parliament and of the Council of 20 November 2013 amending Directive 2005/36/EC on the recognition of professional qualifications. The Government states that no real obstacles have been encountered by Cyprus competent authorities in the recognition of the professional qualifications of third-country nationals which is done on an equal basis with Cypriot and EU nationals. The Committee however notes that, as recently highlighted by the European Commission, the law regulating the exercise of the profession of estate agents contained indirect discrimination against third country nationals, because it requires applicants to submit “certified educational attainment”, when there is no procedure for such certification for diplomas issued by schools in third countries and found there was indirect discrimination on the ground of national origin, in breach of the law transposing the Equality Acquis (European Commission, Country Report on non-discrimination, 2018, pages 46–47). The Committee, therefore, asks the Government to provide information, including studies or surveys, on any obstacles encountered in practice regarding the recognition of diplomas and qualifications of third-country nationals, including EU citizens, in particular with regard to the profession of estate agents. It asks the Government to provide information on any assessment carried out by competent authorities on this issue. The Committee again asks the Government to provide information on any specific legislative provisions regarding recognition of the professional qualifications of third-country nationals.

Article 14(c). Restrictions in the interest of the State. Public service. The Committee previously noted that the Law on Foreigners and Immigration provides for equal treatment of third-country nationals with a long-term residence permit with nationals in respect of access to wage employment and independent professional activities, as long as these activities do not concern, even occasionally, the public service (section 18JG(1)(a)). With respect to EU citizens, section 31(a) of the Public Service Law 1990–2006 provides that they can be appointed to the public service provided that the post is not one that involves the exercise of public authority and the responsibility for the safeguarding of the general interests of the State. The Committee previously noted, however, that no EU national was employed in the public service, except in the area of public education, and that language requirements represent a serious obstacle for access to employment of EU migrant workers. The Committee notes the Government’s indication that language requirements are linked to the relevant decisions of the Council of Ministers that written communication in the public sector is carried out in the Greek Language, and that for the purpose of facilitating access to employment of third-country nationals, fast learning courses of Greek Language for English speakers with appropriate certifications are being organized. The Government adds that positions that involve the exercise of public authority and the safeguarding of the interests of the State do not exceed 15 per cent of the total approved positions in public administration. The Committee recalls that general prohibitions as regards the access of foreigners to certain occupations, when permanent, are contrary to the principle of equal treatment unless they apply to limited categories of occupations or public services and are necessary in the interest of the State (see 2016 General Survey, paragraph 370). The Committee therefore asks the Government to ensure that restrictions on the access of third-country nationals to employment are related to “limited categories of employment and functions” and necessary “in the interest of the State” in line with Article 14(c) of the Convention, and to provide information on any developments in this regard. It further asks the Government to provide detailed information on the types of posts which have been considered as involving the exercise of public authority and the responsibility for the safeguarding of the general interests of the State. The Committee asks the Government to provide updated statistical information on the number of EU citizens and third-country nationals employed in the public service, as well as on the number and nature of complaints against public sector institutions regarding unequal treatment in employment and occupation, including those related to language requirements of EU citizens, addressed by any competent authorities.

Enforcement. The Committee notes that, according to the statistical information provided by the Government, the number of complaints regarding discrimination on the ground of “national origin” in employment submitted to the Equality Authority substantially dropped from 19 in 2013 to six in 2016, while between 2013 and mid-2017, only three cases of discrimination based on ethnic origin in employment were submitted to the Equality Authority. The Government adds that the Ministry of Labour, Welfare and Social Insurance is proceeding with the implementation of a decision for the creation of a single inspectorate unit, which will not only help to increase inspections undertaken, but will also help to further enhance their efficiency. The Committee asks the Government to provide information on any measures taken to raise awareness and strengthen the ability of foreign workers to claim their rights in respect of non-discrimination and equality of opportunity and treatment, including through the creation of a single inspectorate, as well as on their impact. It asks the Government to continue to provide information on the number of cases or complaints of discrimination from EU citizens and third-country nationals dealt with by the labour inspectorate, the Equality Authority, the courts or any other competent authorities, as well as the sanctions imposed and the remedies granted, while specifying the alleged ground of discrimination.

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

In order to provide a comprehensive view of certain issues relating to the application of the ratified Conventions on migrant workers, the Committee considers it appropriate to examine Conventions Nos 97 (migration for employment) and 143 (migrant workers) together.

Article 6 of Convention No. 97 and Articles 10 and 12 of Convention No. 143. Equality of opportunity and treatment. The Committee previously noted the adoption of new legislation to guarantee equality of treatment between national and migrant workers. It notes the Government’s indication, in its report, that the social security scheme covers every person gainfully occupied and does not make any distinction between nationals and non-nationals. Furthermore pensions paid by the social security scheme are exported to the beneficiaries who reside abroad without any restrictions. Referring to its previous comments, the Committee notes that the Government did not provide any information on the nature and impact of measures taken to implement the Action Plan for the Integration of Immigrants who are Legally Residing in Cyprus (2010–2012) and the Strategy on the Employment of Foreign Workers of 2007. While noting that such programmes do not seem to have been extended, the Committee refers to its 2019 observation on the application of both the Equal Remuneration Convention, 1951 (No.100), and the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), where it notes that several United Nations (UN) treaty bodies expressed concern about the discrimination experienced by migrant workers, inter alia, in accessing employment, as well as the increasing discriminatory attitudes and racial stereotypes relating to persons of foreign origin. Recalling that it previously noted the precarious situation and vulnerability of migrant domestic workers, the majority of whom are women, as well as the absence of a monitoring system of their working conditions, the Committee notes that migrant domestic workers are still limited to two changes of employer over a six-year period and that change of sector is only possible with the approval of the Minister of the Interior. It notes that, in their 2018 and 2017 concluding observations respectively, the UN Committee on the Elimination of Discrimination against Women (CEDAW) and the UN Committee on the Elimination of Racial Discrimination (CERD) remained concerned about: (i) the persistent exploitation faced by migrant domestic workers and the difficulties they encounter in changing employers; (ii) the obstacles impeding access to justice for women migrant domestic workers, including the fear of detention and deportation while legal proceedings are pending; as well as (iii) the lack of regular labour inspections to monitor the working conditions and employment contracts of women migrant domestic workers (CEDAW/C/CYP/CO/8, 25 July 2018, paragraph 38, and CERD/C/CYP/CO/23-24, 2 June 2017, paragraph 22). In this regard, the Committee notes that, in the report it made in the context of the Universal Periodic Review (UPR), the Government indicated that the ratification of the Domestic Workers Convention, 2011 (No. 189), was under consideration (A/HRC/WG.6/32/CYP/1, 13 November 2018, paragraph 8). The Committee further notes that, in April 2019, the Human Rights Council, in the context of the UPR, recommended that the Government take concrete actions to strengthen the capacity of labour inspectors and the police to improve oversight of the working conditions of domestic workers and prevent them from labour exploitation (A/HRC/41/15, 5 April 2019, paragraph 139). Noting from Eurostat that, in 2018, the highest number of first-time asylum seeker applicants relative to the population was recorded in Cyprus, where their number rose by more than 70 per cent, the Committee notes that several UN treaty bodies expressed specific concern at the differential treatment and the very limited range of employment opportunities of asylum seekers, who are allowed to work only in certain sectors, mostly in remote areas without adequate transport or accommodation provided, and receive some welfare benefits in the form of vouchers. They called on the Government to guarantee asylum seekers equal labour rights and equal rights to welfare benefits (CEDAW/C/CYP/CO/8, 25 July 2018, paragraph 36; CERD/C/CYP/CO/23-24, 2 June 2017, paragraphs 17 and 20; and E/C.12/CYP/CO/6, 28 October 2016, paragraphs 15 and 16). In that regard, the Committee notes that, in 2016, the Ombudsman highlighted the harsh situation facing young African women seeking asylum, whose welfare grants were interrupted when they refused to take up jobs in agriculture or livestock farms, where they would have to reside on the farm, possibly in the same accommodation with men and without childcare facilities while being pregnant or with infants. While the report of the Ombudsman concluded that the current policy framework leads to indirect discrimination on multiple grounds, the policy of forcing asylum seekers to accept the worst jobs in the labour market persists in spite of the Ombudsman’s recommendations (European Commission, Country report on non-discrimination, Cyprus, 2018, page 74). Referring to its 2019 comments on the application of the Equal Remuneration Convention, 1951 (No. 100), and the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the Committee urges the Government to strengthen its efforts to ensure equality of opportunity and treatment for migrant workers, both European Union citizens and third-country nationals, and more particularly migrant domestic workers, by: (i) enhancing and expanding their access to employment opportunities, including by removing the restrictions imposed on domestic workers wishing to change employers; (ii) ensuring regular labour inspections of workplaces, mainly in sectors where migrant workers are most represented, such as domestic work and agriculture; (iii) raising public awareness of the relevant legislative provisions, the procedures and remedies available; as well as (iv) enhancing migrant workers’ access to justice without fear of detention or deportation, both while legal proceedings are pending and also at earlier investigative stages. It asks the Government to provide information on any proactive measures undertaken – including in the framework of any plan, strategy or policy adopted since the Action Plan for the Integration of Immigrants who are Legally Residing in Cyprus which ended in 2012 – to shape the national equality policy for foreign workers and on the involvement of workers’ and employers’ organizations in this context. The Committee asks the Government to provide information on the number and nature of cases or complaints of unequal treatment of migrant workers that have been detected or dealt with by the labour inspectors, the Ombudsman, the courts or any other competent authorities, concerning in particular terms and conditions of work of migrant workers, including remuneration, social security, and accommodation as referred to in Article 6(1)(a) and (b) of Convention No. 97.

The Committee is raising other matters in requests addressed directly to the Government.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Articles 1 of the Convention. Basic human rights. The Committee asks the Government to provide information disaggregated by sex, nationality and sector of activity on the number of migrant workers, in a regular or irregular situation, and on the measures adopted by the Department of Labour, the Equality Authority and Anti-Discrimination Body or other bodies to ensure full respect for their basic human rights.

Articles 2 to 7. Measures to detect, to prevent and suppress irregular migration and the illegal employment of migrant workers. The Committee notes the Anti-trafficking in Persons and Protection of Victims Law No. 87(I) of 2007, and the measures taken, including the Aliens and Immigration (Amendment) Law No. 41(I) of 2012, with a view to harmonizing the national legislation with the Directive 2009/52/EC of the European Parliament and of the Council of 18 June 2009 providing for minimum standards on sanctions and measures against employers of illegally staying third-country nationals. It also notes the legislative measures taken by the Government to regulate the licensing and operation of private employment agencies. Further, the Government states that as of April 2009, the Ministry of Labour and Social Insurance has set up an inspection system mechanism with inspectors in each district whose main responsibility is to inspect workplaces on grounds of illegal or undeclared work. The Committee notes from the Government’s report that in 2011, 1,402 foreigners were found to be illegally employed (compared to 1,617 in 2009) and that 1,114 employers were prosecuted for illegal employment of foreigners (1,208 in 2009). In 2011, 2,193 employers were inspected (compared to 2,568 in 2009) and 303 third country nationals were found to be employed in an irregular situation (compared to 520 in 2009). Notwithstanding these measures, the Committee notes that, in its concluding observations of 2013, the United Nations Committee on the Elimination of Discrimination Against Women (CEDAW) expressed concern at the low conviction rate for traffickers, whereas the number of identified trafficking victims is high, as well as the limited assistance provided to victims by the existing shelter and to those victims who are unable or unwilling to cooperate with the prosecution authorities. CEDAW also expressed concern at the prevalence of trafficking for the purpose of sexual and labour exploitation of migrant women and the insufficient enforcement of the regulatory framework expressed, as well as the negative repercussions of the new visa regime on migrant women coming from the European Union (EU) countries who are increasingly trafficked for exploitation in private apartments (CEDAW/C/CYP/CO/6-7, 1 March 2013, paragraph 19). The Committee asks the Government to provide information as follows:

• (i) the legal proceedings instituted, the infringements noted and sanctions imposed on employers found to be in violation of the legal provisions relating to workers’ statutory rights vis-à-vis undocumented foreign workers;
• (ii) the effect of the inspection activities on migrant workers found in an irregular situation;
• (iii) the measures taken to detect, prevent and suppress trafficking in persons for exploitation in private households;
• (iv) the nature and number of the infringements notes and administrative, civil and penal sanctions imposed in respect of the illegal employment of migrants, and in respect of the organization of irregular migration, including trafficking in persons. Please also indicate the arrangements on the national or international level by which the authors of trafficking in persons can be prosecuted whatever the country from which they exercise their activities;
• (v) any measures taken for systematic contact and exchange on irregular migration with States other than those of the European network, and the consultation of representative organizations of workers and employers with respect to any legislative and policy measures provided for in the Convention to prevent and eliminate migration in abusive conditions.

Article 9. Rights arising out of past employment of migrant workers in an irregular situation. The Committee notes from the Government’s report that complaints submitted to the Department of Labour indicated a downward trend: in 2008, 1,658 complaints were submitted; in 2009, 1,590 complaints; in 2010, 1,515, while in 2011, the number of complaints decreased to 1,175. The complaints examined during these years were 1,003, 1,098, 1,081 and 799 respectively. The Committee asks the Government to continue to supply information on complaints submitted to the Department of Labour and indicate whether these were submitted by the worker or the employer and dealt with rights arising out of past employment with respect to remuneration, social security or other benefits. The Committee would be grateful if the Government could furnish copies of legal decisions ordering the payment of outstanding wages to migrant workers found to be illegally employed for the period worked. Please also specify any other measures taken by the Department of Labour Relations to ensure that third-country nationals in an irregular situation can claim their rights arising out of past employment in accordance with Article 9 of the Convention.

Article 8. Legal status in the case of loss of employment. The Committee asks the Government to provide information on the legal status of third-country nationals lawfully in the country who lose their employment before their employment contract has expired, and their right to enjoy equality of treatment with nationals in terms of security of employment, the provision of alternative employment, relief work and retraining.

Articles 10 and 12. National equality policy. The Committee notes the Government’s statement that the number of migrant workers from EU countries and (third) countries has continued to increase in all sectors of the economy and constitutes 20 per cent of the workforce. The Committee notes the legislative framework on non-discrimination and equality, the Action Plan for the Integration of Immigrants who are Legally Residing in Cyprus (2010–12), which has “employment, training and trade unions” as one of the priority areas for action. It also notes the Strategy on the Employment of Foreign Workers (2007), which contains provisions regarding equal treatment between local and foreign workers as regards terms and conditions of employment, and the engagement of the workers’ and employers’ organizations in the formulation and application of the Strategy. The Committee is nonetheless aware of the impact of the economic crisis on the national labour market, including job cuts and downsizing in important sectors such as tourism (hotel and restaurants) and construction. The Cyprus Equality Authority has also found violations of the principle of equality of treatment in the hotel industry. The Committee asks the Government to provide information on the proactive measures taken or envisaged to ensure the observance of the principle of non-discrimination and equality of opportunity and treatment in practice, and to assist migrant workers and their families to make use of the equal opportunities offered to them, in line with the measures set out in Article 12 of the Convention. In this regard, please provide information on the measures taken, and their impact, to implement the Action Plan for the Integration of Migrants and the Strategy on the Employment of Foreign Workers, and on the involvement of workers’ and employers’ organizations in this context.

Article 14(a). Free choice of employment and employment restrictions. The Committee notes that the Strategy on the Employment of Foreign Workers targets temporary migration of third-country nationals and contains provisions regarding a maximum percentage of third-country nationals of the employed population (set at 7 per cent in 2008) and the distribution of the maximum percentage by sector of economic activity. It further notes from the information provided by the Government that the temporary work permit of third-country nationals is tied to a specific occupation and the employer mentioned in the employment contract, and that the worker is not allowed to change employer and place of employment without permission of the competent authorities (The Brochure of Rights and Obligations on Foreign Employees) (Third Country Nationals) of the Department of Labour. However, the Government also indicates that third-country nationals have the right to change employer after the first year of employment and the expiration of the employment contract but that this right is limited to the same occupation or economic activity. The Committee recalls that Article 14(a) of the Convention allows States to make the free choice of employment subject to temporary restrictions only during a prescribed period which may not exceed two years. While taking due note of the legislative and policy measures allowing nationals of the EU and of the European Economic Area (EEA), as well as third-country nationals with long-term residence free access to employment, the Committee nonetheless considers that restricting the right to change employment to a specific occupation or economic activity limits the access of migrant workers to employment beyond the period permitted in Article 14(a) of the Convention. The Committee therefore asks the Government to bring its law and practice into line with the Convention and take the necessary steps to amend the legislation to ensure that third-country nationals who have resided in the country for two years enjoy equality of treatment with nationals as regards access to employment, and to provide information on any steps taken in this regard. The Committee also asks the Government to indicate whether the maximum percentages of third-country nationals of the employed population and by sector of economic activity affects third-country nationals already residing in the country and seeking employment. Please provide information, disaggregated by sex and nationality on the number of third country nationals with employment and residency permits exceeding two years.

Article 14(b). Recognition of diplomas and qualification. The Committee notes that Law No. 31(I) of 2008 on recognition of professional qualifications harmonized the national legislation with the Directive of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications (2005/36/EC). The Committee understands that the Equality Authority is examining bureaucratic obstacles and non-recognition of diplomas of competent institutions from certain EU countries, for example in the nursing sector, and asks the Government to provide information, including any studies or surveys, on any obstacles encountered in practice regarding the recognition of diplomas and qualifications of EU citizens and third-country nationals. Please also indicate the relevant legislation regarding recognition of professional qualifications of third-country nationals.

Article 14(c). Restrictions in the interest of the State. The Committee notes that the Law on Foreigners and Immigration provides for equal treatment of third-country nationals with a long-term residence permit with nationals in respect of access to wage employment and independent professional activities, as long as these activities do not concern, even occasionally, the public service (section 18JG(1)(a)). With respect to EU citizens, the Committee notes that pursuant to section 31(a) of the Public Service Law 1990–2006 they can be appointed to the public service provided that the post is not one that involves the exercise of public authority and the responsibility for the safeguarding of the general interests of the State. However, it also notes from information published on the website of the European Commission that there appear to be no EU nationals in public service, except in the area of public education, and that language requirements represent a serious obstacle for the access to employment of EU migrant workers ((European Report: Freedom of Movement of Workers 2010–11, pages 68 and 79). The Committee asks the Government to take the necessary steps to ensure that restrictions on the access of third-country nationals to employment are related to “limited categories of employment and functions” and necessary “in the interest of the State” in line with Article 14(c) of the Convention. It also requests the Government to specify the type of posts that involve the exercise of public authority and the responsibility for the safeguarding of the general interests of the State. Please also provide information on the nature and number of complaints against public sector institutions regarding unequal treatment, including those related to language requirements of EU citizens, with respect to employment addressed by the Equality Authority.

Enforcement. The Committee notes that foreign workers can file a complaint with the regional offices of the Department of Labour Relations with respect to violations of terms and conditions of employment. With regard to complaints submitted to the Equality Authority, the Committee notes that in its 2010 Annual Report, the Equality Authority drew attention to the low number of complaints submitted by foreigners taking into account the large number of foreigners working in Cyprus and the possible difficulties that exist for them in claiming their rights in the field of employment and work (Cyprus Equality Authority, Annual Report 2010, page 42). The Committee notes from the Authority’s Annual report for 2011 that the percentage of European citizens submitting complaints rose to 15 per cent (11 per cent in 2010), while the percentage of immigrants from third countries submitting complaints rose to 14 per cent (from 11 per cent in 2010). The Committee also notes that Law No. 58(1)/2004 on Equal Treatment in Employment and Occupation, while protecting all persons from discrimination based on racial or ethnic origin in employment, does not cover differences in treatment based on nationality (section 5) but that “national origin” is included in the mandate of the Equality Authority (Law on Combating Racial and other Discrimination (Ombudsman) Law No. 42(I) of 2004). The Committee asks the Government to clarify whether nationality-based discrimination is actionable under Cypriot law, and to provide information on the type and number of complaints submitted to the regional offices of the Department of Labour Relations and the Equality Authority relating to discrimination based on nationality or national origin, as well as race and ethnic origin, relating to employment and occupation. Please also provide information on any measures taken to strengthen the ability of foreign workers to claim their rights in respect of non-discrimination and equality of opportunity and treatment.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes that during the period under review substantial changes have occurred regarding the employment of foreign workers as well as the free movement and residence of foreign workers due to the accession of Cyprus to the European Union as of 1 May 2004. The Committee notes that the Government elaborated a New Strategy on the Employment of Foreign Workers in 2007 and adopted comprehensive new legislation relevant to the application of the Convention. The Committee notes in this regard the many legislative texts attached to the Government’s report which could not be translated in time for this session of the Committee. Awaiting translation, the Committee will examine these texts at its next session.

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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Article 6 of the Convention. The Committee notes with interest the Aliens and Immigration (Amendment) Law No. 100(I) of 1996 which increases the penalties imposed on employers who contravene the existing legislation by illegally employing migrant workers. According to the new provisions, the employment of an alien without a permit, or the employment of an alien in contravention of any other law or regulation is an offence punishable with imprisonment up to three years, or with a fine up to £5,000, or both. The Committee also notes that the penalties imposed for contraventions of the aliens and immigration legislation in general have been increased. The Committee requests the Government to supply information on the impact of the new provisions aimed at penalizing the illegal recruitment and employment of migrant workers. The Committee asks to state whether courts of law or other tribunals have handed down decisions regarding the abovementioned measures. If so, please supply the text of the decisions.

2. Article 10. The Committee requests the Government to provide further particulars regarding the principle of equality of opportunity and treatment in respect of employment of foreign workers. In this connection, the Committee would be grateful if the Government would indicate on which grounds access to certain jobs may be limited to Cypriot nationals.

3. Part V of the report form. The Committee notes the information and statistical data supplied in the Government’s report. It asks the Government to continue to provide general information on the manner in which the Convention is applied, in accordance with Part V of the report form.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Government notes the information supplied by the Government in its report.

1. Article 6 of the Convention. The Committee notes with interest the Aliens and Immigration (Amendment) Law No. 100(I) of 1996 which increases the penalties imposed on employers who contravene the existing legislation by illegally employing migrant workers. According to the new provisions, the employment of an alien without a permit, or the employment of an alien in contravention of any other law or regulation is an offence punishable with imprisonment up to three years, or with a fine up to £5,000, or both. The Committee also notes that the penalties imposed for contraventions of the aliens and immigration legislation in general have been increased. The Committee requests the Government to supply information on the impact of the new provisions aimed at penalizing the illegal recruitment and employment of migrant workers. The Committee asks to state whether courts of law or other tribunals have handed down decisions regarding the abovementioned measures. If so, please supply the text of the decisions.

2. Article 10. The Committee requests the Government to provide further particulars regarding the principle of equality of opportunity and treatment in respect of employment of foreign workers. In this connection, the Committee would be grateful if the Government would indicate on which grounds access to certain jobs may be limited to Cypriot nationals.

3. Part V of the report form. The Committee notes the information and statistical data supplied in the Government’s report. It asks the Government to continue to provide general information on the manner in which the Convention is applied, in accordance with Part V of the report form.

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

The Committee takes note of the information provided in the Government's report.

Articles 1 to 9 of the Convention. The Committee notes that in order to cope with the increase of the number of illegally employed migrant workers, the Government is taking, in consultation with the social partners, all necessary measures with a view to preventing/suppressing illegal employment. In addition to intensifying the measures of supervision, a decision was also taken for increasing the penalties imposed on employers who contravene the existing legislation by employing illegally migrant workers.

The Committee also notes that the Government is contemplating to make suggestions for the revision of the existing legislation concerning the employment of aliens.

The Committee requests the Government to supply information on any development in this regard and to specify to what extent the representative organizations of employers and workers have been consulted, in accordance with the provisions of Article 2, paragraph 2 and Article 7 of the Convention.

Point V of the report form. The Committee notes the information and statistical data supplied in the Government's report. It asks the Government to continue to provide general information on the manner in which the Convention is applied (e.g., extracts from labour inspection reports, details of the number and the nature of violations noted, information on any difficulties in the application of the Convention, etc.), in accordance with point V of the report form.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

The Committee noted the information supplied by the Government in reply to a previous direct request. For further comments, please see under Convention No. 97: Migration for Employment (Revised), 1949.

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

The Committee notes with regret that the Government's report has not been received. It hopes again that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

The Committee noted the information supplied by the Government in reply to a previous direct request. For further comments, please see under Convention No. 97: Migration for Employment (Revised), 1949.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes the information supplied by the Government in answer to its previous direct request. For further comments, please see under Convention No. 97: Migration for Employment (Revised), 1949, as follows:

Article 1 of the Convention. The Committee notes the Government's report and the adoption in December 1991, of the "Criteria and Procedure for the Granting of Work Permit to Foreigners/Remuneration and Terms of Employment". The Committee asks the Government to explain the relationship between Chapter A, section 1(b), and section 2(c), and whether, under the terms of these provisions, work permits will be granted to foreigners in cases in which the enterprise encounters problems of safety, health or welfare in working conditions.

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

The Committee notes the information supplied by the Government in its last report.

Point V of the report form. The Committee would be grateful if the Government would supply information on the practical application of the Convention with statistical data on the number, nationality and distribution by location and occupation of migrant workers in Cyprus.

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

Further to its previous comments, the Committee notes with satisfaction the adoption of the Aliens and Immigration (Amending) Act, No. 197 of 1987, which provides that in case of expulsion of a worker, or the worker's spouse or children, the cost shall not be borne by them, thus giving effect to Article 9, paragraph 3, of the Convention.

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

The Committee notes from the Government's reply to its previous comments that the consultation has been pursued with a view to amending the national legislation so as to give full effect to Article 9, paragraph 3, of the Convention under which, in case of expulsion of a worker or his family, the cost shall not be borne by them.