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Employment Conditions of Migrant Workers, the Role of Trade Unions in the Protection of Labour rights and their integra

Contents General Introductory Framework Part A': Theoretic Framework and the Cyprus Historical Framework Part B': European and the Cypriot Institutional Framework Part C': Case Study ? Migrants, Employment Conditions and Labour Part D': Policy Proposals ? Remedies Part E':Conclusions . . Goal

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Employment Conditions of Migrant Workers, the Role of Trade Unions in the Protection of Labour rights and their integra

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    1. “Employment Conditions of Migrant Workers, the Role of Trade Unions in the Protection of Labour rights and their integration in the Cyprus Labour Movement” Cyprus Labour Institute Research, 2003 - 2005

    2. Contents General Introductory Framework Part A’: Theoretic Framework and the Cyprus Historical Framework Part B’: European and the Cypriot Institutional Framework Part C’: Case Study – Migrants, Employment Conditions and Labour Part D’: Policy Proposals – Remedies Part E’:Conclusions

    3. Goal and Objective Analyse whether there is tolerance by public authorities of violation of collective agreements that may result to what is called “informal market”. Analyse whether there is a “segmented labour market” in Cyprus and if migrant labour theories are a suitable framework to analyse theoretically and empirically the vulnerable position of migrant workers.

    4. Goal and Objective Correlate the Cypriot economic development model to the institutional set up of the so- called guest workers system; analyse viability as a regulatory system regarding migrants’ employment that helps in the safeguard of labour conditions and rights. Analyse whether trade unions have the political willingness and the possibility to apply new policies aiming to integrate migrants workers equally in the labour market, in the process of collective demands, and promote equal participation and representation in trade unions.

    5. Three parameters were considered more systematically in the analysis of the above: Institutional regulations and control mechanisms Application of new policies/remedies to de-marginalise migrants Analyse structures that may help migrants to be organized in what is called unionization.

    6. Today’s Situation Absence of a holistic and long-term strategy regarding migration policy; whilst the existing short-term strategy has many gaps. Institutional limitations: Absence of protective measures for the migrants; weakness to control labour conditions, whilst there are many cases of systematic discrimination on the grounds of labour.

    7. Today’s Situation Absence of political willingness to properly engage migrants in politics (i.e. right to vote in local elections); there is a long way still for the Cypriot society to become multicultural and have sensitivities like social solidarity towards the “Other”. Fragmentation of labour: discrimination, rigidity and reproduction of “informal labour”.

    8. How Did We Get Here? Need for Institutional innovations and systematic policies The Super-exploitation of migrant workers by their employers should be institutionally monitored, put under control and mechanisms for combating this should be found.

    9. Trade unions and the labour movement have a primary role to: Ways to organise undocumented workers Pressure to fully implement and respect international labour standards, international conventions and collective agreements signed by the Republic. Initiate policies and practices to regulate labour rights. Take into account the effectiveness of repressive mechanisms and practices. Reconsider the various ‘models of reception’

    10. Need for a holistic institutional and structural innovation: Institutional level: Need to have research programs and specialised institutions that tackle issues of discrimination and inequality in labour and society. Research on Turkish Cypriot workers in the Government controlled areas. Undocumented workers should be analysed according to national situation, and then be connected to the European and international experience; Process of Europeanisation and the role of Trade Unions

    11. Alternative Models for Cyprus: Towards a new Framework for the Reception of Migrants

    12. Multiple Control Forms Consider Alternatives: Pre-emptive policies and External Controls Frontiers Control Internal Controls

    13. Goals and Policy Tools Make migrant workers and employees to realize that legalization of their status is more beneficial. Creation of Control mechanisms. Innovate and re-structured the institutional framework of labour relations in Cyprus.

    14. Alternative Models for Migrants Reception The German Model of ‘guest workers’ or ‘Gasterbeiter’ The French Model of ‘Authoritarian Republican system’ The multicultural and Multiethnic model The ‘Informal System’ The ‘Open Borders system’

    15. Recommendations: Towards a New Policy Model The New Migration Policy must

    16. The New Migration Policy must Analyse the special needs of the Cyprus economy and society. Fully respect rights of migrant workers Modernise and renovate the institutional and legal framework; and incorporate employment, migration and social policy.

    17. Recommendations: Towards a New Policy Model The Recommended Legal Framework on Migration must be comprised of:

    18. The Recommended Legal Framework on Migration must be comprised of: Cyprus is obliged to ratify The International Convention for the Protection of the rights of Migrant Workers and their Family Members

    19. The Recommended Legal Framework on Migration must be comprised of A. An Institutional Framework that: Reforms the Cyprus judicial system (e.g creates additional layer with specialised judicial competence and expertise

    20. The Recommended Legal Framework on Migration must be comprised of an Institutional Framework that: Enhance the function of Ombudswomans to impose to sanctions, take binding proposals, as well as competences to safeguard migrant workers.

    21. The Recommended Legal Framework on Migration must: Create a proper Legal Aid System that will address judicial cases of migrants. Regulate and monitor the competences of authorities through control mechanisms when exercising their competences.

    22. The Recommended Legal Framework on Migration must: Ensure that the Police and Migration Department Officials are (re-)educated, trained and informed on human rights protection, anti-racism and impartiality when exercising their powers. Properly regulate the right so migrants during arrest and mistreatment by authorities; Full Implementation of anti-discrimination directives” and institutionalization of a further control system of public authorities.

    23. The Recommended Legal Framework on Migration must: Detach the Employment permit of Migrant Workers to specific Employee. Impartial and effective implementation Collective Agreements that properly take into account the different categories of workers and their specific problems.

    24. The Recommended Legal Framework on Migration must: Campaign about Multicultural Education and Anti-Racism. Need for a more transparent, flexible, liberal and fair Migration Policy. Need for a holistic and complete long-term strategy for the reception of migrants (multicultural policies, special development programs, enforce constructive initiatives, etc)

    25. The Recommended Legal Framework on Migration must: Prove for Awareness campaigns on the benefits of migration; therefore put pressure on Media and the society to adopt a more positive approach. Special funds to give regenerate inner cities (migrant residence). Non- unionized Migrant workers should be protected and be motivated to became active members of trade unions. The position of domestic workers must be re-examined thoroughly (pay, work conditions, attachment to employer etc. EU accession should be understood as a challenge and invitation to legal and social reforms of the system.

    26. Main results WP 1: Analysis of the main theoretical tools and development of the analytical framework on which the survey is based. WP 2: Critical approach on the way migrants are treated in Cyprus. EU accession procedure, European Integration, globalization and the structural changes in Cyprus labour market are taken into account.

    27. Main results WP3 Correlation of the Cyprus economic model of development with social aspects; the Role of Migrants and Trade Unions.

    28. WP 3 (continued) New trends in the Service Sector: Gender: Women in disadvantageous position Migrant workers in disadvantageous position Groups of Cypriots in disadvantageous position, i.e. Turkish Cypriots Other categories (youth, elders, disabled, homosexuals, religious minorities etc)

    29. WP3 (continued) Identification of Migrant’ categories according to a new globalised racialisation: So-called ‘High Risk migrants (e.g. potential terrorist) People that are ‘criminilised’ ‘Illegal’ migrants ‘Bogus’ Asylum Seekers

    30. WP3 (continued) Analysis of the“Cyprus Economic Miracle” :

    31. WP3 (continued) Migrants presence is complementary and not competitive to locals. Future developments should be based on re-organisation of labour, taking into account the demands of the new productive system in correlation with the capabilities of the labour force.

    32. WP3 (continued) New forms of labour organization are an integral part of the Cyprus economy, and therefore they create the need to develop capabilities and knowledge.

    33. WP3 (continued) Therefore generic skills, social skills and general education are of primary role. Finally, the employment of migrants will remain complementary, since local labour force moves to more advanced production systems that need people with special knowledge.

    34. Main results WP4 WP 4: Analysis of the role of Institutions, the state, trade and employers’ unions.

    35. Main Results WP5 WP5: Empirical Part of the survey, which extracted its results from interviews with migrant workers, people with special knowledge and related institutions.

    36. Package 5 (continued) Employers organizations: Support the employment of non-Cypriots and do not consider the current framework as problematic. State Officials: Detect ‘several problems’, but no criticism on the current system

    37. Package 5 (continued) Trade Unions: Concerned with the several problems/gaps of the current migration policy, nevertheless there are contradictory approaches; the two big trade unions generally support more ‘restrictive’ policies; difference in emphasis: PEO is more orientated towards organising migrants; SEK more concerned with reppression. In general, the results reveal the weakness of trade unions to push employers organizations to implement the criteria and the Collective Agreements.

    38. Main Results WP6 WP6: Evaluation of the role of state authorities; detects gaps in the current policies and practices; and analyses the role of trade unions.

    39. WP6 Summary and Policy Proposals: Design a holistic approach on migration policy that reveals the benefits of migration. Addresses the need of a long-term strategy. Campaign on societal benefits of migration and how to tackle problems. The model of migrants reception should be based in a multicultural model that will promote tolerance, respect of the “other”. New legal framework that will comply with the two EU Regulations (43/2000 and 78/2000).

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