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INDUSTRIAL RELATIONS IN CYPRUS

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industrial relations in cyprus department of labour relations ministry of labour and social insurance – PowerPoint PPT presentation

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Date added: 10 October 2018
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Learn more at: http://www.mlsi.gov.cy
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Title: INDUSTRIAL RELATIONS IN CYPRUS


1
INDUSTRIAL RELATIONS IN CYPRUS
DEPARTMENT OF LABOUR RELATIONS MINISTRY OF LABOUR
AND SOCIAL INSURANCE
2
VOLUNTARY SYSTEM OF INDUSTRIAL RELATIONS BASED ON
THE ILO GUIDELINES FOR SOCIAL DIALOGUE
  • ENABLING FACTORS FOR A SUCCESSFUL VOLUNTARY
    SYSTEM
  • STRONG, INDEPENDENT WORKERSAND EMPLOYERS
    ORGANISATIONS WITH THE NECESSARY ORGANISATIONAL
    AND TECHNICAL CAPACITY.
  • POLITICAL WILL AND COMMITMENT OF SOCIAL PARTNERS
    (EMPLOYERS, EMPLOYEES AND GOVERNMENT) TO FREELY
    ENGAGE IN SOCIAL DIALOGUE AND TO RESPECT
    VOLUNTARY AGREEMENTS ON CONFLICT RESOLUTION
    MECHANISMS
  • RESPECT FOR THE FUNDAMENTAL RIGHTS OF FREEDOM OF
    ASSOCIATION AND COLLECTIVE BARGAINING
  • APPROPRIATE INSTITUTIONAL SUPPORT

3
HIGH UNIONIZATION RATES HAVE ASSISTED IN THE
SUCCESS OF THE VOLUNTARY SYSTEM
UNIONIZATION RATE APPROX. 68
41 (74000 EMPL) COVERED BY SECTORAL COLLECTIVE
AGREEMENTS
6 (10000 EMPL) COVERED BY AGREEMENTS IN THE
SEMI-GOVERNMENT SECTOR
25 (45000 EMPL) COVERED BY COMPANY LEVEL
COLLECTIVE AGREEMENTS
17 (33000 EMPL) EMPLOYED IN THE PUBLIC SECTOR
REMAINING 11 (20000 EMPL) NOT COVERED BY
COLLECTIVE AGREEMENTS
4
  • FREEDOM OF ASSOCIATION ARTICLE 21 OF THE
    CONSTITUTION
  •   the Trade Union Laws of 1965 to 1996,
  •   ILO Convention 87 (Freedom of Association and
    the Right to Organise)
  •   ILO Convention 98 (Right to Organise and
    Collective Bargaining)
  • The European Social Charter (Article 5) - The
    Right to Organise
  • THE RIGHT TO COLLECTIVE BARGAINING - ARTICLE 26
    OF THE CONSTITUTION
  • Refers to the possibility for legislation to
    "provide for collective labour contracts". BUT no
    specific reference is made to collective
    bargaining. DESPITE THIS
  • ILO Convention No.98 (Right to Organise and
    Collective Bargaining Convention)
  •      ILO Convention No. 154 (Collective
    Bargaining Convention)
  •      The European Social Charter (Article 6) -
    The Right to Bargain Collectively

THE RIGHT TO STRIKE - ARTICLE 27 OF THE
CONSTITUTION "1. The right to strike is
recognised and its exercise may be regulated by
law for the purposes only of safeguarding the
security of the Republic or the constitutional
order or the public order or the public safety or
the maintenance of supplies and services
essential to the life of the inhabitants or the
protection of the rights and liberties guaranteed
by this Constitution to any person. 2. The
members of the armed forces, of the police and of
the gendarmerie shall not have the right to
strike. A law may extend such prohibition to the
members of the public service."
5
GENERAL CHARACTERISTICS
LABOUR LEGISLATION SAFEGUARDS EMPLOYEE RIGHTS
MAINLY WITH REGARDS TO THE PROVISIONS OF EU
LABOUR DIRECTIVES. ENFORCEMENT OF LABOUR
LEGISLATION IS ACHIEVED BY LABOUR INSPECTION. THE
COMPETENT COURT FOR EXAMINING ANY CONTRAVENTIONS
IS THE LABOUR DISPUTES COURT. EU CITIZENS WORKING
IN CYPRUS ARE GUARANTEED EQUAL TERMS CONDITIONS
OF EMPLOYMENT AS PROVIDED FOR IN COLLECTIVE
AGREEMENTS IN ACCORDANCE WITH EU REGULATION
1612/68/EEC.
A MINIMUM WAGE EXISTS ONLY FOR CERTAIN VULNERABLE
GROUPS OF WORKERS, WHO ARE CHARACTERISED BY WEAK
OR NON EXISTENT BARGAINING POWER (CLERKS, SHOP
ASSISTANTS, CHILD-CARE WORKERS, PERSONAL CARE
WORKERS)
BUT TO A LARGE EXTENT TERMS AND CONDITIONS OF
EMPLOYMENT ARE DETERMINED FREELY BY THE USE OF
COLLECTIVE BARGAINING AND THE SIGNING OF
COLLECTIVE AGREEMENTS
6
GENERAL CHARACTERISTICS OF COLLECTIVE AGREEMENTS
  • NOT LEGALLY ENFORCEABLE WHICH MEANS THAT
    DISPUTES ARISING FROM THEIR VIOLATION CANNOT
    BE SETTLED IN THE LABOUR DISPUTES COURT
  • NO OFFICIAL EXTENSION MECHANISMS EXIST
  • CONTENT OF COLLECTIVE AGREEMENTS
  • USUALLY 2 3 YEARS DURATION
    OF AGREEMENTS
  • COST OF LIVING ALLOWANCE
    (C.O.L.A)
  • 13TH IN SOME CASES 14TH
    SALARY
  • RATES OF PAY ALLOWANCES FOR
    OVERTIME AND SHIFT-WORK
  • PROVIDENT FUND MEDICAL FUND
    WELFARE FUND
  • ANNUAL LEAVE WEEKLY HOURS OF
    WORK
  • ANY OTHER ARRANGEMENT THAT HAS
    BEEN AGREED BETWEEN THE EMPLOYER AND THE
    TRADE UNIONS

7

CONFLICT RESOLUTION IN CYPRUS IS GOVERNED BY THE
INDUSTRIAL RELATIONS CODE
  • GENTLEMENS AGREEMENT SIGNED BY THE SOCIAL
    PARTNERS IN 1977
  • GOVERNS CONFLICT RESOLUTION MECHANISMS IN THE
    PRIVATE AND SEMI-GOVERNMENT SECTORS
  • LAYS OUT PROCEDURES FOR MEDIATION, ARBITRATION
    AND PUBLIC INQUIRY
  • LAYS OUT SPECIFIC PROCEDURES FOR THE SETTLEMENT
    OF DISPUTES OVER INTERESTS AND DISPUTES OVER
    RIGHTS

8
PROCEDURE FOR THE SETTLEMENT OF DISPUTES OVER
INTERESTS, ACCORDING TO THE INDUSTRIAL RELATIONS
CODE
DIRECT NEGOTIATIONS FOR THE CONCLUSION OF A NEW
COLLECTIVE AGREEMENT OR FOR THE RENEWAL OF AN
EXISTING COLLECTIVE AGREEMENT
DEADLOCK AFTER THE REQUEST OF EITHER SIDE THE
DISPUTE IS REFERRED TO THE LABOUR RELATIONS
DEPARTMENT (MEDIATION SERVICE) OF THE MINISTRY OF
LABOUR AND SOCIAL INSURANCE
CASE ASSIGNED TO MEDIATOR
EMPLOYER OR EMPLOYERS' ORGANISATION / ASSOCIATION
REPRESENTATIVES
TRADE UNION REPRESENTATIVES
NEGOTIATIONS MEDIATION
AGREEMENT ACHIEVED LABOUR DISPUTE RESOLVED
Referred Back to Direct Negotiations. OR
NO AGREEMENT ACHIEVED
Binding Arbitration (Both sides must Agree) OR
INDUSTRIAL ACTION MAY BE TAKEN BY EITHER SIDE
AFTER A 10 DAY NOTICE PERIOD
Public Inquiry (Both sides must Agree) OR
DEADLOCK DECLARED
9
PROCEDURES FOR THE SETTLEMENT OF DISPUTES OVER
RIGHTS ACCORDING TO THE INDUSTRIAL RELATIONS
CODE "Dispute over Rights", means a dispute
arising from the interpretation and/or
implementation of an existing collective
agreement, or of existing conditions of
employment, or arising from a personal complaint
including a complaint over a dismissal.
INTERPRETATION OR IMPLEMENTATION OF EXISTING
COLLECTIVE AGREEMENT Grievance should be
presented to the employer by the union in
writing.
PERSONAL COMPLAINTS The complaint should be
presented in the first instance by the employee
to his immediate supervisor.
If the complaint is not settled or if the
complaint is of such nature that direct
discussions between the employee and his
supervisor is not considered appropriate, the
employee has the right to demand that his
complaint may be examined at one or more higher
levels, depending on the nature of the complaint,
and the structure and size of the undertaking
SUBMISSION OF DISPUTE FOR MEDIATION
A settlement of a personal complaint achieved at
the above stages may be challenged by the
employers' or workers' organisations which are
signatories to the relevant collective agreement
as being contrary to the provisions of the said
agreement, in which case .....
IF NOT SETTLED
BINDING ARBITRATION
SETTLEMENT WITHIN 15 DAYS
10
LABOUR DISPUTES SUBMITTED FOR MEDIATION
11
STRIKES IN CYPRUS
12
WORKDAYS LOST DUE TO STRIKES
13
MORE INFO CAN BE FOUND ON OUR WEBSITE http//www
.mlsi.gov.cy/dlr
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