CYPRIOT employers are more often than not given the benefit of the doubt in labour disputes with their foreign employees, the Ombudswoman has said.
Iliana Nicolaou’s comments were made with reference to a report she prepared for the government on the situation of foreign workers in Cyprus.
“It is not just a few times that, on account of the lack of a clear procedural framework for the resolution of such disputes, instances of racism and unfair discrimination against foreign workers is observed,” said Nicolaou.
In her report Nicolaou noted that there was a disparity between the procedures in place for evaluating allegations made by the two sides in an employment dispute involving foreign workers.
Nicolaou said that, while allegations made by housemaids require comprehensive corroboration – or an admission on the part of the employer – allegations made by employers against the foreign workers they employ are often accepted without any corroboration.
Under the current law foreign workers, such as housemaids permits are connected to one specific employer. Should there be a dispute there is no provision allowing them to look for a new employer.
According to Politis, currently the final decision on such disputes is taken by the Migration Department, whose primary purpose and main areas of activity are the issuance of residency permits and the arrangement of deportations.
Nicolaou said she considered it “a positive coincidence” that her report came at a time when the state’s policy towards migrant workers was being re-evaluated.
She added that it was her hope that her suggestions proved useful and provided helpful material to the officials involved in the process. Copies of the report were sent to the Ministers of the Interior and of Labour and Social Insurance, which are the governmental services responsible for the review of the terms of employment and entry of foreign workers.
Copies were also sent to the head of the Department of Labour Relations and the Director of the Civil Registry and Migration Department, which are the two services most involved in the practical examination and resolution of labour disputes between foreign workers and their employers.
In her report, Nicolaou concluded that a clear legal framework for dealing with labour disputes between foreign workers and their employers needs to be set up, and that it should set out the responsibilities of the relevant state services clearly as well as specifying the procedure for dealing with cases.
She also suggested that the procedures and actions taken by the Department for the Resolution of Labour Disputes should be made uniform, regardless of the nationality of the applicant.
Nicolaou recommended that a summary of the procedures for reporting labour disputes should also be provided for foreign workers, to be made available in the main mother tongues spoken by foreign workers in Cyprus.
