Filenews 22 January 2023 - by Adamos Adamou
Domestic workers may have been exempted from the application of the national minimum wage, but the State seems to be proceeding, albeit belatedly, with the commitment it made to adopt and implement the Convention on Domestic Workers, adopted in Geneva by the General Conference of the International Labour Organisation, known as the ILO, on 16 June 2011. A convention that has been discussed in the past in the country, on the occasion of the crimes against domestic workers, which shocked Cypriot public opinion.
For this purpose and after an initiative that began some time ago, when the Minister of Labor was Mrs. Zeta Emilianidou, the social partners now have before them two bills, with the first concerning the ratification of the convention and the second, entitled "The Domestic Workers Law of 2022", providing for its implementation.
What the bill changes
In summary, the second bill, which is expected to be put before the Parliament for voting soon, establishes model employment contracts, in order to ensure the rights of domestic workers and their non-exploitation, as well as complaint procedures, with the involvement of the Department of Labor Relations of the Ministry of Labor.
As stated in the explanatory report that accompanies it, the purpose of the bill is to introduce implementing provisions for the implementation of the provisions of Convention 189 on Domestic Workers, of the International Labor Organization, recognizing the need to protect domestic workers, who face special conditions in the performance of their duties in households and household premises.
For the purposes of the Act, "domestic work" means work performed in or for a household or households, and does not include home nursing or caring work for persons, and "domestic worker" means any person who performs domestic work and works for another person under an employment contract, or under such circumstances from which the existence of an employer-employee relationship can be inferred, and the term "employer" shall be interpreted accordingly.
The legislation will apply to any domestic worker who is linked to his employer by an employment contract or relationship. It will not apply to persons engaged in domestic work only occasionally or sporadically and not on a professional basis.
Obligation to provide information
Under the law, the performance of domestic work by a person who has not reached the age of 18 is prohibited. Furthermore, every domestic worker must be informed of his working conditions and, in the case of third-country nationals, information must be given in advance. In particular, for domestic workers, citizens of the Republic of Cyprus or a Member State of the European Union, the terms provided for in the Employer's Information to the Employee on the Terms governing the Contract or Employment Relationship Law of 2000 apply. For domestic workers who are third-country nationals, information on their terms and conditions of employment must be made by a written offer of an employment contract before the commencement of employment, either by the employer himself, or by the Private Employment Agency based on the provisions and articles of the law and the provisions of the Private Employment Agencies Law.
Furthermore, in the case of employment of a domestic worker of a third-country national, the employment contract must contain information on the terms and conditions of employment and living, in an appropriate verifiable and understandable way and be written in Greek and English and contain at least the following:
• (a) the name and address of the employer and employee;
• (b) the address of the usual workplace or workplaces;
• (c) the date of commencement and termination of the employment contract;
• (d) the type of work and tasks to be performed;
• (e) remuneration, method of calculation, periodicity of payments and any deductions in accordance with the Protection of Wages Laws;
• (f) normal working hours;
• (g) paid annual leave, daily and weekly rest, in accordance with the Organisation of Working Time Laws;
• (h) the provision of food and accommodation, where appropriate and the pro rata lump sum from the salary;
• (i) the minimum standards of the accommodation in which the domestic worker will reside,
• (j) the terms and conditions relating to termination of employment, including any period of notice by either the domestic worker or the employer;
• (k) the employer's obligation to deposit the salary in a bank account in the name of the domestic worker;
• (l) the obligation of the employer to submit a solemn declaration, in a form determined by the Civil Registry and Migration Department, stating that he undertakes to bear the cost of removing the domestic worker, provided that the person in question will be identified by the competent State Authorities.
The Department of Labour Relations is preparing a model contract for the employment of domestic workers from third countries, which includes at least all the conditions provided above.
Rights and complaints
The bill safeguards a number of rights for domestic workers, many of which should have been self-evident, as well as their right to lodge complaints.
Specifically, as stated, among other things, domestic workers are free to agree with their employer or potential employer whether they will reside in the household and that if they live in the household they are not obliged to stay at home or with members of the household during their daily and weekly rest, or their annual leave.
It is also stated that they have the right to a safe and healthy working environment and decent living conditions, but also that they have the right to keep in possession of their travel documents and identity.
They also have the right, either themselves or through a representative of their own choice, to effective access to courts, arbitral tribunals or other dispute resolution mechanisms under conditions that are no less favourable than those generally available to employees in the Republic.
Powers of inspectors and penalties for offenders
Under the bill, the Minister of Labour will appoint inspectors to better implement the legislation. The task of the inspectors will be to ensure the full and effective implementation of the provisions of the Law, either by conducting an ex officio investigation to monitor its application, or by examining complaints submitted to it for disputes arising from the application of the provisions of the legislation.
Any inspector, for the purposes of the application of the Law, may enter, upon presentation of his identity, freely and without prior notice, at any time of the day, any place of employment, except a residence, to the extent that he has no other alternative option to obtain necessary testimony and such testimony will not be used to establish a criminal offense. It is understood that entry into a dwelling is possible only after obtaining the proper consent of this tenant, while in case of failure to obtain the proper consent of this tenant, entry is possible only after obtaining a relevant court order.
He may also be accompanied by a police officer. It may also carry out checks, inspections, investigations, interrogations, or examinations, as it deems necessary to verify the application of the provisions of the Law.
Whoever obstructs an inspector in the exercise of any authority granted to him by law, falsely responds to any investigation, fails to present any record, certificate, book, or other document or evidence, obstructs, or attempts to prevent any person from appearing before or being examined by an Inspector, is guilty of an offence and, if convicted, is punishable by imprisonment for up to three (3) months or a fine of up to three thousand euros (€3.000,00) or both. An employer who violates the provisions of the Law is guilty of a criminal offense and in case of conviction, is subject to a prison sentence of up to 2 years or a fine of up to ten thousand euros (€ 10,000.00), or to both penalties.
Where complaints are made
A domestic worker from a third country, who considers that the terms of his employment contract have been violated, has the right to lodge a complaint. Also, a domestic worker from a third country and / or an employer of a domestic worker from a third country have the right to file a complaint regarding the termination of the employment relationship. The submission of a complaint, either by a domestic worker from a third country or by his employer, is made to the Aliens and Immigration Service, upon presentation of all available evidence. However, the Office should immediately send the submitted complaints to the Director of the Department of Labour Relations.
