PRESIDENT Tassos Papadopoulos is set to give is set to give his final verdict on the law concerning Public Service temporary workers, which was approved at the Plenum’s final session last week, Government Spokesman George Lillikas announced yesterday.
If he deems the law, which was approved at the Plenum’s final session last week, unconstitutional following consultations with the Attorney-general, the President has the options of either referring the matter to the Supreme Court or sending it back to parliament for revision.
But workers have warned state officials: if the law is referred, they will be moving forward with powerful demonstrations.
Last Thursday, the Plenum had unanimously passed the bill, proposed by DISY Deputy Andreas Papapolyviou. Suggestions made by EDEK’s Marinos Sizopoulos, which included an upgrading in the status of workers after 20 months,’ suggestions were all rejected. It The law was set to regulate temporary workers’ employment in the Public Service, in the event that the need for their services comes to an end, either due to positions being filled or for any other reason.
Until now, temporary employees were usually only hired by contract and did not have the same benefits as permanent government employees. This gave the government the option of not renewing their contract – meaning a temporary worker could lose their job after say 15 years’ service.
However, the bill aimed at having temporary employees serve out their duties until they reach their retirement age.
According to Lillikas, Papadopoulos would be mtaking the decision on the Bill in strict accordance to the provisions of the Constitution, which is his duty as President of the Republic.
“The President is currently studying the relevant law, with the help of the AG who is the state’s legal advisor, and . I’m sure that very soon he will decide how to proceed, on the basis of the AG’s conclusion on whether the law is constitutional or not”,” he told reporters.
Even though the parliament has drawn to a close, Lillikas explained it could still legally meet again. “Deputies do not lose their post until other deputies are elected in their place”, he specified.
”There is no power gap,” Lillikas reassuredsaid. “The Parliament’s self-dissolution does not create a power gap,, meaning that the Parliament can still meet in the meantime and make decisions.”
Alternate Acting DIKO Chairman, Nicos CCleanthous, near enough came short of confirming that ed Papadopoulos would be referring the law after meeting him yesterday morning at the Presidential Palace for discussions.
Cleanthous told reporters it was a mistake by the Plenum to pass the law and admitted that some had got carried away due to the forthcoming parliamentary elections.
“Maybe in our attempts to help and relieve people who are anxious about their professional stability we moved ahead with this danger of unconstitutionality. Unfortunately it’s not the first time that something like this has happened. Note it down on our negative books.”
“We (DIKO) are honest and will admit that we too get carried away, unfortunately due to the elections”, admitted Cleanthous.
Reminding temporary workers that he had warned them of the possibility of a referral, House President and AKEL permanent secretary Demetris Christofias said there were other procedures that could be followed to settle the matter.
“One part of the law could be approved and the rest of the requests can be discussed later with government.”
“A referral is possible”, Christofias continued. “It happens in political life a lot. I had warned temporary workers about this when they came to see me at the House. And I did warn them that they would force the political parties into responding to their demands at parliament with a very serious danger of this legislation being considered unconstitutional.”
Spokesman for the workers, Andreas Ktorides, contradicted went against the official lines and stated , saying the law had absolutely no traces of unconstitutionality. He warned that if Papadopoulos was to refer the law, then temporary workers would take to the streets in protest to demand for the their rights.
He also said that the aim of Papapolyviou and Sizopoulos’ law proposals was to put in action a harmonising legislation and announced that hundreds of temporary workers had already resorted to the European Court.
“There is no trace of unconstitutionality. Everything else that is said and written, are clearly petty political games”,” said Ktorides.
“The President of the republic didn’t just ask the AG if it is constitutional or not. They stated opinions. And tell me, how many public servants you know of, who would disagree with the President of the republic?
“If he wants to take revenge on the temporary workers, if he wants to take revenge on Papapolyviou or Sizopoulos, if he wants to take revenge on all the deputies for voting for this law I can’t know what he could be thinking or what is being passed on to the President of the republic.
“If he refers it back to the House, we have decided that we will be moving ahead with powerful demonstrations. And our prediction is this: he will not refer it to the Supreme Court. Because if he refers it to the supreme they will lose.
“We will win. We predict that his intention is to send it back to parliament, with the parliament being forced to accept its referral. And with promises that “’we will look at it and look at it again”’; just like what has been happening for the past 33 months.”
EDEK chairman Yiannakis Omirou also stated expressed his party’s disagreement over the possibility of a referral. “We are sending out a plea to the government to not bring up matters of unconstitutionality. Specifically, to the President of the Republic who has the right of referral, as it is provided in the constitution” Omirou said yesterday.
“The matter is not to go into a logical, legal interpretation of the phenomena that relate to securing the workers’ rights. Because you know what’s happening: if the government decides with that this law can operate and apply, then there is no problem. The difference between constitutional and unconstitutional laws is that the house of representatives has no right to burden the state with any form of financial burden.
“The government can face this law passed by the plenum financially, in a climate of consent, so we can all serve the public’s best interests, which I think demands an end to the insecurity experienced by temporary workers so far.”
DISY chairman Nicos Anastasiades proposed the government draw up a bill to help the workers.
“I think it would be good, seeing that there are problems on the part of the House, if the government submits a bill to avoid unconstitutionality and at the same time creates security for the temporary workers of the public service.”
Until now, temporary employees were usually only hired by contract and did not have the same benefits as permanent government employees. This gave the government the option of not renewing their contract their contracts – meaning a temporary worker could lose their job after say 15 years’ service.
However, the bill aimed at having temporary employees serve out their duties until they reach their retirement age.
