Rapport où le comité demande à être informé de l’évolution de la situation - Rapport No. 275, Novembre 1990

1. 125. The Committee examined this case and presented an interim report to the Governing Body in November 1989, which approved it at its 244th Session (see 268th Report, paras. 637-667); it decided to adjourn the case at its February and May 1990 meetings, since it was waiting further observations from both parties.
2. 126. The complainant (PASYDY) submitted its further observations in a communication dated 2 April 1990, and the Government presented its comments in communications dated 14 March and 11 September 1990.
3. 127. Cyprus has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), and the Labour Relations (Public Service) Convention, 1978 (No. 151).

A. Previous examination of the case

1. 128. The complainant had presented two series of allegations, the first of which related to various labour relations and collective bargaining problems; the second concerned a back-to-work order issued against certain employees of the Cyprus Port Authority.
2. 129. On the basis of the evidence before it, the Committee concluded that one allegation did not call for further examination, and that the Government should have ensured that the circumstances were genuinely exceptional before issuing a back-to-work order. In relation to the remaining allegations it invited the Governing Body to approve the following recommendations (268th Report, para. 667):
3. (a) The Committee requests the Government to speed up, in so far as it can, the adoption process of the Public Service Bill; it further requests both parties to keep it informed on the progress of the Bill and of the implementing regulations.
4. (b) The Committee requests both parties to provide further information on the deliberations and/or decisions of the joint staff committee concerning:
5. (i) the conditions of work; and
6. (ii) the Central Personnel Administration Service.
7. ...
8. B. The complainant's further observations
9. 130. In its communication of 2 April 1990, the complainant acknowledges that the new Public Service Law constitutes a significant and progressive step. However, it alleges that, by not adopting draft section 62 of the Bill which reflected the agreement concluded between the Executive and PASYDY and replacing it by another provision, the House of Representatives violated the parties' agreement concerning the consultative and negotiation machinery in the public service. Draft section 62 of the Bill which, according to the complainant, reflected the agreement of PASYDY and the Government, read as follows:
10. Any subject related to the employment or the terms of employment of Civil Servants is examined by the Joint Staff Committee.
11. For the purposes of this article, the term "Joint Staff Committee" means the Committee which is set up by the Council of Ministers and which is comprised of representatives of the Government of the Republic and of Civil Servants.
12. The Legislative Assembly replaced it by the following:
13. Freedom of association and the unfettered exercise of the rights of Civil Servants related to it are safeguarded.
14. The complainant alleges that this change is a flagrant violation of the agreement with the Government; it is meaningless and unnecessary, and it proves once again that the Legislature undermines the institution of free collective bargaining in the civil service, without the Executive being able to take any positive measures to prevent this deplorable development.
15. 131. As regards the Central Personnel Administration Service, the complainant submits that although the establishment of said service was agreed upon as far back as 30 January 1987, and in spite of the fact that PASYDY submitted detailed proposals and concrete suggestions on the role and structure of the service as early as 26 September 1988, the Government took no concrete steps towards the implementation of the agreement, despite repeated reminders and warnings regarding the deterioration of personnel administration in the civil service.
16. 132. Concerning the five-day working week, the complainant states that section 72 of the new Public Service Law provides for a five-day week in the civil service, from Monday to Friday "... in a manner to be determined". However, despite prolonged consultations before and after the enactment of the Law, the determination of how the hours of work of the civil servants should be spread within this five-day framework has not yet been determined, with the result that the service is plagued with uncertainty and disturbance.
17. 133. With respect to the other terms of employment (confidential qualification reports; grouping of posts; schemes of service; shifts and overtime), the complainant acknowledges that consultations and negotiations on these matters are still in progress, but submits that they have been going on for years without any definite settlement. The complainant concludes from all these observations that the Government still has a long way to go towards establishing an appropriate machinery for effective collective bargaining in the civil service, and requests that this situation be redressed.
18. C. The Government's further observations
19. 134. In its communication dated 14 March 1990, the Government indicates that the Public Service Bill has now been enacted (Law No. 1/90) and that implementing regulations are currently being prepared. In its communication of 14 September 1990, replying to PASYDY's criticisms (letter of 2 April 1990) concerning discrepancies between the Bill and Law No. 1/90 as finally enacted, the Government states that the House of Representatives has exclusive competence in that respect and cannot be compelled to adopt any views or agreements on which it holds a different opinion. It adds that the Act, as adopted, does not prevent the examination of matters related to the civil servants' employment conditions at the Joint Staff Committee which, in fact, is done through administrative arrangements.
20. 135. As regards the Central Personnel Administration Service, the Government explains that the only final agreement reached concerned the creation of a Director-General post; such a proposal was submitted to the House of Representatives, which has not yet approved it. Consultations on the structure and role of this service have not been continued since the meeting of the Joint Staff Committee of 31 August 1987, particularly due to the non-approval of the Director-General's post. However, the Ministry of Finance has this year submitted proposals for the partial restructuring of the present Public Administration and Personnel Service, in an effort to strengthen its role in personnel administration functions of the public service. Moreover, the Government is taking additional measures to improve the machinery and effective functioning of the public service.
21. 136. Regarding the five-day working week, section 72 of the new Public Service Law gives interested parties the possibility and the time for consultations, with a view to finding a solution serving the interests of both the civil service and civil servants. The delay in introducing the five-day week provided for in the Law is due to the fact that, despite all efforts, no agreement has yet been reached as to how the hours of work of the civil servants should be spread within the five-day week. As consultations on the matter are still continuing and the civil servants, through their trade union, are aware of all developments, the Government fails to see how the service is "plagued with anxiety and disturbance" as alleged by the complainant.
22. 137. Concerning the confidential qualification reports, the Government states that an agreement was concluded on this new system of annual performance reports but it was jointly agreed with the union side to withhold the processing, through the Council of Ministers and the House of Representatives, of the agreed regulations until the enactment of the Public Service Law. The original agreement on this matter has recently been reviewed, in consultation with PASYDY, in the light of the relevant provisions of the new Law, and the regulations will soon be submitted to the Council of Ministers and the House of Representatives for approval.
23. 138. With respect to the civil servants' other terms of employment (grouping of posts; schemes of service; shifts and overtime), considerable progress has been achieved regarding the grouping of posts. As agreed with the union side, the respective provisions concerning this matter are being included in the annual budget. Thus all the vacancies that occurred under the different non-interchangeable posts during the last two years have been transferred under one of the agreed new interchangeable groups. All these posts have been advertised in accordance with the agreed schemes of service and the procedure has been set in motion for their filling. A number of other outstanding problems are currently being discussed with the union but these problems concern mostly pay claims rather than the grouping of posts. As regards shifts, an agreement has already been concluded and submitted to the Council of Ministers for approval. The matter of overtime is still under consideration but there is no specific problem in this respect.

D. The Committee's conclusions

1. 139. The Committee first notes that the Parliament has now adopted the Public Service Law, which the complainant recognises as a significant and progressive step. Regarding the parties' disagreement about section 62 of this Act, the Committee considers that, unsatisfactory as the final text of section 62 may be to the complainant when compared with the initial version, that provision does not entail a violation of the freedom of association principles. Furthermore, as pointed out by the Government, the said provision does not prevent the examination of employment conditions at the joint staff committee, which is apparently done through administrative arrangements.
2. 140. Recalling that the issue relating to the new system of staff appraisal depended upon the regulations adopted under the Public Service Law (see para. 658, 268th Report), the Committee notes from the Government's reply that these implementing regulations are being prepared, and that they will soon be submitted to the Council of Ministers and the House of Representatives for approval. The Committee strongly hopes that said regulations will be drafted, adopted and approved in the near future, and requests the Government to keep it informed of developments in that respect.
3. 141. With regard to other working conditions (hours of work, shift work, overtime and five-day week), as well as the establishment of a Central Personnel Administration Service, it appears from the further observations and documents submitted by both parties that consultations and discussions have taken place during a rather lengthy period and that they are still continuing. Essentially, PASYDY maintains its complaint that these consultations have been going on for years without any definite settlement. The Committee would recall in this respect that it is not competent to decide, failing the parties' agreement, on the appropriate working conditions for a given category of workers, or to establish a timetable for the conclusion of an agreement on these various working conditions: these matters should be agreed upon or decided by the parties through the bargaining process, eventually with the help of a neutral third party.
4. 142. That being said, however, considering the delays involved in this case, the Committee recalls that consultation is not an end in itself and that exceedingly protracted discussions without tangible results are not conducive to good labour relations. It is important that both employers and trade unions bargain in good faith and make every effort to reach an agreement, since satisfactory labour relations depend primarily on the parties' attitude towards each other and on their mutual confidence. In this context the Committee considers it useful to recall that, in addition to the principles embodied in Convention No. 98, under the terms of Convention No. 151 concerning conditions of employment in the public service, adopted by the International Labour Conference in 1978 (Article 7), "measures appropriate to national conditions shall be taken, where necessary, to encourage and promote the full development and utilisation of machinery for negotiation of terms and conditions of employment between the public authorities concerned and public employees' organisations, or of such other methods as will allow representatives of public employees to participate in the determination of these matters" (emphasis added).