I a session held on 8 December 2005, the House of Representatives approved and passed into law the draft bill entitled '(Ratifying) (Amending) Law of 2005 concerning the Workers’ Representatives Convention'. The above mentioned legislation was expected to be in place by 23 March 2005, however, despite initial planning, because of the different approach of employers and trade unions it was postponed. The enforcement of Convention 135 which has been a demand of the Cyprus Workers' Confederation (SEK) since 1996, is regarded as an important development in the area of employee participation.
In December 2005, within the scope of application of the Conventions of the International Labour Organisation (ILO), Cyprus has ratified Convention No. 135 on Workers’ Representatives.
I a session held on 8 December 2005, the House of Representatives approved and passed into law the draft bill entitled '(Ratifying) (Amending) Law of 2005 concerning the Workers’ Representatives Convention'. The above mentioned legislation was expected to be in place by 23 March 2005, however, despite initial planning, because of the different approach of employers and trade unions it was postponed. The enforcement of Convention 135 which has been a demand of the Cyprus Workers' Confederation (SEK) since 1996, is regarded as an important development in the area of employee participation.
In particular, the above-mentioned Convention (No. 135) protects, as the case may be, both union representatives and also the workers’ elected representatives in each undertaking against any act which may be prejudicial to them, including dismissal, based on their status or activities as a workers' representative or on union membership or participation in union activities, in so far as they act in conformity with existing laws or collective agreements or other jointly agreed arrangements.
Additionally, employers must afford to workers’ representatives the necessary facilities to enable them to carry out their functions promptly and efficiently, but taking into account the needs, size and capabilities of the undertaking concerned and provided that the efficient operation of the undertaking is not impaired. Finally, the Convention makes it clear that where there exist in the same undertaking both trade union representatives and elected representatives, all necessary measures will be taken to ensure that the existence of elected representatives is not used to undermine the position of the trade unions concerned.
From the practical implementation of the provisions of the above-mentioned legislation, however, it became apparent that measures needed to be taken to ensure its more efficient implementation. For that reason, the Ministry of Labour and Social Insurance went forward, in consultation with the social partners, to prepare an amending draft bill that included the following provisions:
Introducing offences and penalties for employers who fail to meet their obligations.
Specifying the Workers’ Disputes Court as the competent court to settle disputes of a civil nature arising from the implementation of the provisions of the Convention and the Law.
Defining employers’ obligations.
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Eurofound recommends citing this publication in the following way.
Eurofound (2006), Ratification of ILO Convention No.135, article.
