Transcript CONFLICT RESOLUTION IN THE ACCEDING COUNTRIES
INDUSTRIAL RELATIONS IN CYPRUS
DEPARTMENT OF LABOUR RELATIONS MINISTRY OF LABOUR AND SOCIAL INSURANCE
VOLUNTARY SYSTEM OF INDUSTRIAL RELATIONS BASED ON THE ILO GUIDELINES FOR SOCIAL DIALOGUE
ENABLING FACTORS FOR A SUCCESSFUL VOLUNTARY SYSTEM
STRONG, INDEPENDENT WORKERS’AND 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
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
FREEDOM OF ASSOCIATION – ARTICLE 21 OF THE CONSTITUTION
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the Trade Union Laws of 1965 to 1996,
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ILO Convention 87 (Freedom of Association and the Right to Organise)
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ILO Convention 98 (Right to Organise and Collective Bargaining)
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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."
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
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) 13 TH & IN SOME CASES 14 TH 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
CONFLICT RESOLUTION IN CYPRUS IS GOVERNED BY THE INDUSTRIAL RELATIONS CODE
GENTLEMEN’S 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”
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 TRADE UNION REPRESENTATIVES NEGOTIATIONS MEDIATION EMPLOYER OR EMPLOYERS' ORGANISATION / ASSOCIATION REPRESENTATIVES AGREEMENT ACHIEVED LABOUR DISPUTE RESOLVED NO AGREEMENT ACHIEVED INDUSTRIAL ACTION MAY BE TAKEN BY EITHER SIDE AFTER A 10 DAY NOTICE PERIOD Referred Back to Direct Negotiations.
OR Binding Arbitration (Both sides must Agree) OR Public Inquiry (Both sides must Agree) OR DEADLOCK DECLARED
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.
SUBMISSION OF DISPUTE FOR MEDIATION IF NOT SETTLED BINDING ARBITRATION 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 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 .....
SETTLEMENT WITHIN 15 DAYS
LABOUR DISPUTES SUBMITTED FOR MEDIATION
500 450 400 350 300 250 200 150 100 50 0 1983 1985 1987 1989 1991 1993 1995 1997 1999 2001 2003
STRIKES IN CYPRUS
60 50 40 30 20 10 0 1983 1985 1987 1989 1991 1993 1995 1997 1999 2001 2003
WORKDAYS LOST DUE TO STRIKES
100000 90000 80000 70000 60000 50000 40000 30000 20000 10000 0 1983 1985 1987 1989 1991 1993 1995 1997 1999 2001 2003
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