Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Labour Clauses (Public Contracts) Convention, 1949 (No. 94) - Cyprus (Ratification: 1960)

Articles 2, 4 and 5 of the Convention. Contractual provisions. Inspections and sanctions. Application of the Convention in practice. The Government reports that the Model Rules of 21 September 1977, which give full effect to the Convention, remain in force and no legislative changes have been made since 2016 in relation to the provisions governing labour clauses in public contracts. It indicates that, in compliance with the Safety and Health at Work (Minimum Requirements at Temporary or Mobile Construction Sites), specific terms on the protection of safety, health and well-being of workers are included in public contracts for “The Construction of Public Civil Engineering Projects”. These terms establish the obligation of the Contractor “to take all measures for the safety and health of his/her employees, the employees of the Subcontractors and any other person that might be affected by the execution of works”. Special references are made, inter alia, to the Contractor’s obligation to draw up a safety and health plan and to appoint a Coordinator for safety and health matters during the project execution stage. The Committee notes that the contracts are drawn up by the Treasury of the Republic of Cyprus and used by all governmental departments. Furthermore, the Contractor is required to sign a Certificate of Employee Protection, as part of the submitted tender documents. The Committee also notes that the Department of Labour Inspection has requested the competent governmental authorities to include in their tender documents certain provisions of the European Regulations (No. 1272/2008 and No. 1907/2006) relating to chemical substances. It further notes that the Department of Labour Relations has examined 486 public contracts, from 2016 to 2020. This process has involved 1,294 contractors and subcontractors, to determine whether or not they are in compliance with the provisions of the Public Contracts they have signed. The Committee invites the Government to continue to provide updated information on the practical application of the Convention, including information on legislative changes, which may have a possible impact on the application of the Convention, as well as statistical information relating to the system of inspection and sanctions, including the number and type of violations detected and sanctions applied.