Moral: Union Membership Cannot Be Grounds For Suspension From Work

In a statement on the developments at Ektam Cyprus Ltd, Moral said that one of the state’s primary responsibilities is to protect its citizens and their labour.

Moral recalled that under Article 11 of Law No. 13/1993 approving ILO Convention No. 87 of 1948 on Freedom of Association and the Protection of the Right to Organise — one of the 15 ILO conventions ratified by the TRNC Assembly — the authorities are clearly obliged to take all necessary and appropriate measures to ensure that workers can freely exercise their right to organise.

The full statement by Moral was as follows:

“Union Membership Cannot Be Used As A Pretext For Suspension”

Workers employed at the production facilities of Ektam Cyprus Ltd have been subjected to pressure by the employer’s representative because they became members of a trade union. As a result of this pressure, a strike decision was taken and implemented. Instead of choosing the path of reconciliation with the union to which the workers belong, the employer’s representative dismissed all employees.

The workers were informed of their suspension via WhatsApp. However, under the law, in cases where workers are to be collectively suspended due to economic, structural or similar reasons, notification must be made to the Labour Department one month in advance. Moreover, collective suspension cannot be carried out on the pretext of union membership. Job security is guaranteed by the Constitution.

Under Article 11 of Law No. 13/1993 approving ILO Convention No. 87 of 1948 on Freedom of Association and the Protection of the Right to Organise, those who have ratified this convention are obliged to take all necessary and appropriate measures to ensure that workers can freely exercise their right to organise. In this respect, the Ministry of Labour and Social Security bears a major responsibility.

No permission should be given to employ new workers in place of employees who have been suspended because of their union membership. The Ministry of Labour and Social Security must take all necessary initiatives and measures to protect the local workforce.

“The State’s Silence Is Incompatible With Its Constitutional Responsibility”

At this point, it must not be forgotten that one of the main reasons for the existence of the state is its obligation to protect its citizens and their labour. The state must represent not only an authority that sets rules, but also one that intervenes effectively in the face of rights violations and does not leave workers alone against employers. Remaining silent in an environment where trade union rights are effectively obstructed and job security is arbitrarily removed is incompatible with constitutional responsibility.

Moreover, one of the fundamental conditions of being a modern society is equality. Equality must not exist only on paper, but must also be reflected in practice, in workplaces and in daily life. The treatment faced by a worker suspended for union membership is a clear violation of the principle of equality.

“Incompatible With The Understanding Of A Modern State Governed By Law”

A working order in which employees are punished for seeking their rights is incompatible with the understanding of a modern state governed by the rule of law. A dignified life does not merely mean earning an income; it also includes the right to secure employment, freedom of organisation and the ability to live without fear for the future. The removal of job security affects not only the individual but also their family and the social order as a whole. Therefore, the dignity of the worker is also the dignity of society.

Furthermore, the trade union rights, job security and living standards enjoyed by workers in South Cyprus are evident.

“An Equal And Dignified Working Life Is Not A Privilege”

It is unacceptable for workers in the TRNC, who live in the same geography and contribute to similar production processes, to be condemned to lower standards. Workers in the TRNC deserve a working life that is at least as secure, equal and dignified as that of workers in South Cyprus. This right is not a privilege but a constitutional and universal right.

In this framework, the Ministry of Labour and Social Security must adopt not a passive but an active, determined and deterrent stance. It must under no circumstances allow the employment of new workers in place of employees suspended for trade union reasons and must immediately activate all administrative and legal mechanisms necessary to protect the local workforce.