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Effect given to the recommendations of the Committee and the Governing Body
Effect given to the recommendations of the Committee and the Governing Body
- 45. The Committee last examined this case at its June 2001 Session [see 325th Report, paras. 238-268], on which occasion it made the following recommendations:
- (a) The Committee trusts that in future the Government will follow an adequate consultation procedure when it seeks to alter bargaining structures in which it acts directly or indirectly as employer.
- (b) The Committee regrets that the Government did not give priority to collective bargaining as a means of determining the employment conditions of its public servants, and that it did not attempt to reach consensus with the complainant before submitting the Bill for the introduction of a National Health Scheme (NHS) to the House of Representatives. The Committee expects that the Government will refrain from taking such measures in the future.
- (c) The Committee urges the Government to ensure that the Tripartite Liaison Committee is convened so that serious and meaningful discussions are held between the parties concerned with a view to reaching a solution in respect of the NHS Bill. It requests the Government to keep it informed of developments thereof.
- 46. In its communication dated 25 October 2001, the Government states that it never had the intention of altering existing bargaining structures of the public sector’s industrial relations system nor did it ever attempt to derogate the public employees’ right of collective bargaining. In dealing with this case, which concerns a matter of national interest affecting the health and welfare of the entire population of the island, the Government found itself in an unpleasant situation where the only opponents to the intended reform of the national health-care system were mainly the public sector’s trade unions and especially PASYDY. In fact, the Bill for the reform of the health-care sector was submitted to the House of Representatives after extensive consultations and negotiations with the social partners, who were given every opportunity to express their views and put forward their claims on aspects, which were of direct concern to them.
- 47. As regards the Committee’s second recommendation, the Government stresses that before the enactment of any special legislation which might affect the status or the terms and conditions of employment of the government employees, it will take all the appropriate measures to secure meaningful and in good faith consultations with PASYDY within the established procedures.
- 48. As regards the Committee’s third recommendation, the Government states that the law for the introduction of a National Health Scheme in Cyprus was enacted by the House of Representatives on 19 April 2001 and published in the Official Gazette on 4 May 2001. Before the enactment of the law and specifically on 9 February 2001, the Tripartite Liaison Committee was convened and it discussed the aspects of the National Health Scheme that gave rise to the dispute between PASYDY and the Government. Following the meeting of the Tripartite Liaison Committee and further discussions at the Health Committee of the House of Representatives, section 65 of the Bill was amended and a new section 66 was added. The final text of these sections, as enacted by the House of Representatives, reads as follows:
- 65. The operation of this Law shall in no manner prejudice: –
- (a) the rights of civil servants employed in the medical services, the public health services, the pharmaceutical and other services of the Ministry of Health, who will be serving on the date on which the General Health System will come into full operation;
- (b) the interests of casual employees and of all other categories of permanent employees, employed by the abovementioned services.
- 66. (1) The state hospitals shall continue to be owned by the State and the introduction of the General Health System shall not affect their ownership status.
- (2) The State shall have the obligation to make every provision necessary, so that the said hospitals shall be modernized in the areas of organization, management, administration and equipment and to utilize the available resources in the most beneficial and effective way possible.
- The Government states that the combined effect of the above two sections provides an adequate safeguard of the terms and conditions of employment of the employees of the state health services. Moreover, given (a) that the General Health Scheme is not expected to come into operation before the next four-five years and (b) that any change in the management of the state hospitals, which might affect the terms and conditions of employment of the employees concerned, will be introduced by special legislation, the Government will give PASYDY every opportunity for consultation within the established framework of collective bargaining. At the moment, the Government is studying various alternatives as to the reform of the management of the state hospitals. In due time, this will be discussed exhaustively with PASYDY.
- 49. The Committee takes due note of this information.
