Procedure for Employment of Non-EU Citizens Cyprus : Ministry of Labour, Welfare & Social Insurance

Name of the Organization : Department of Labour
Type of Facility : Procedure for Employment of Non-EU Citizens
Country : Cyprus

Website : http://www.mlsi.gov.cy/mlsi/dl/dl.nsf/dmlgeneralinf_en/dmlgeneralinf_en?OpenDocument

Procedure for Employment of Non-EU Citizens:

The Department of Labour examines applications from employers for the employment of foreigners, for the satisfaction of pressing, short term needs in the labour market, in certain economic fields and occupations according to the Ministerial Council’s decision No. 33.210 dated 15/3/1990.

Related : MLSI Procedure for Employment of EU Citizens Cyprus : www.statusin.org/5718.html

The examination of employers applications for the employment of foreigners is mainly regulated by the Criteria and Procedures agreed between the Social Partners and approved by the Council of Ministers. The basic precondition for the granting of permit for the employment of foreign workers is the absence of prospects to meet the specific needs of the employer by local labour force (Cypriot or European citizens), which will be ascertained following an investigation of the competent service of the Department of Labour.

Moreover, the decisions of the relevant Ministerial Committee on matters of foreign workers are taken into account for the purpose of examining these applications. This Committee has been established on the basis of the decision No. 49641 of the Council of Ministers, on 12/5/99, and is comprised by the Ministers of Interior Affairs, Labour and Social Insurance, Justice and Public Order, and Commerce, Industry and Tourism.

Furthermore, a committee has been established, constituted by the General Managers of the Ministries of Labour & Social Insurance, Interior, Justice & Public Order, Commerce, Industry & Tourism and the Planning Bureau aiming at the formation of a Strategic Plan for the employment of foreigners.

Finally the main policy of the Labour Department is to safeguard the smooth operation of the labour market and the equal treatment between local and foreign workers according to Cyprus international obligations.

Criteria for Employment:
The Criteria and procedure for granting of approval for work permit, are those agreed between the Social Partners and approved by the Council of Ministers on the 6/12/1991. A basic precondition for the granting of permit for employment of foreign workers is the absence of prospects to meet the specific needs of the employer by local force (Cypriot or European citizens), which will be ascertained following an investigation of the competent service of the Ministry of Labour & Social Insurance.

More specifically the Criteria for granting of approval for work permit, as these continue to be in force since 1991, are the following:
a. Non-availability of suitably qualified local personnel; in order to satisfy the specific needs of the employers.
b. Saving and better utilization of the local labour force.
c. Improvement of working conditions at the workplace.
d. Terms and conditions of employment of foreigners should be the same as those for Cypriots.
e. In cases where working permits are recommended for the employment of foreigners with special skills and knowledge which Cypriots do not posse, the employer shall be obliged to name a Cypriot who will be trained during the period of the foreigner’s employment.

In the framework of formatting a strategic plan for the employment of foreigners in Cyprus, there has been an effort to adopt more rational and objective criteria that correlate directly with the real developing needs of the economy and reflect the E.U accession prospects

Terms & Conditions :

The Republic of Cyprus secures equal treatment between foreign workers and local personnel through its Constitution, which guarantees the protection of human rights regardless race, religion or ethnic origin. More specifically Article 28(2) of the Constitution provides that:
“Every person shall enjoy all the rights and liberties provided for in this Constitution, without any direct or indirect discrimination against any person on the ground of his community, race, religion, language, sex, political or other convictions, national or social descent, birth, colour, wealth, social class or any other ground whatsoever”.

The Cyprus Government has also, ratified, inter alia, the following conventions:
** The ILO Migration for Employment (Revised) Convention, 1949, No. 97,
** The Migrant Workers (Supplementary provisions) Convention, 1975, No.143
** The Discrimination (Employment & Occupation) Convention, 1958, No. 111

Moreover the Cyprus Government has also accepted Article 19 of the Revised European Social Charter (i.e. The right of the migrant workers and their families to protection and assistance). These instruments provide, inter alia, for no less favourable treatment for migrant workers than that of nationals.

Ministerial Council Decisions as well as a number of administrative arrangements also exist, to promote and guarantee that migrant workers are at least treated equally with nationals, in respect to, among other things, terms and conditions of employment.

Finally the Ministry of Labour, Welfare and Social Insurance safeguards the equal treatment between foreign workers and local personnel through written contracts of employment signed by both the employer and the foreign employee. These contracts contain all terms and conditions of employment (hours of work, salary and other benefits, holidays, overtime pay, duties etc.), which also apply for Cypriot employees, mainly on the basis of collective agreements.