Department of Labour

Posting of Workers




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Legal notice – disclaimer

This page was prepared by the Department οf Labour of the Ministry of Labour, Welfare and Social Insurance regarding the applicable legislation and in particular Τhe Posting of Workers in the Framework of the Provisions Of Services Law of 2017 (N.63(I)/2017) and Regulations of 2017 (K.Δ.Π 196/2017). The Legislation is fully harmonized with the Directives 96/71/EC and 2014/67/EU. This page provides general information only and should not be considered as complete and authentic interpretation of the provisions of the Law. More details are provided by the relevant department of the Ministry of Labour, Welfare and Social Insurance.


Purpose

The purpose of the above Law is (a) the enactment of appropriate measures, provisions and monitoring mechanisms for the posting of workers in the framework of the provision of services including the imposing of sanctions and (b) to guarantee respect for an appropriate level of protection of the rights of posted workers for the cross-border provision of services in particular the enforcement of the terms and conditions of employment which provided in the section 7 of the relevant Law.


Application

According to section 4 of the Law No 63(I) of 2017 on the posting of workers in the framework of the provision of services in the EU, the Law applies to undertakings which take one of the following transnational measures:

a) Post a worker, on their account and under their direction, in the territory of Cyprus, under a contract concluded between the undertaking making the posting and the receiver of the services operating in Cyprus, provided there is an employment relationship between the sending undertaking and the worker, during the period of posting.

b) Post a worker, in the territory of Cyprus, to an establishment or to an undertaking owned by the group to which the undertaking making the posting is a member, provided there is an employment relationship between the sending undertaking and the worker, during the period of posting.

c) Act as a Temporary Employment Undertaking or placement agency to hire out a worker to a user undertaking established or operating in the territory of Cyprus provided there is an employment relationship between the temporary employment undertaking or the placement agency and the worker, during the period of posting.
    Exception

    The Law does not apply to merchant shipping companies in respect of workers on seagoing vessels.

    Terms of Employment

    The Undertakings which are referred to section 4 of the relevant law guarantee workers posted to the Republic of Cyprus the terms of employment which are provided by Cyprus law and/ or by collective agreement. Regarding collective agreement insofar as they concern the activities referred to in the Annex of the Law.

    The terms of employment which the undertakings must provide to the posted workers according to the section 7, refer to:
      Wages
      Annual leaves
      Work periods
      Health, safety and hygiene at work
      Protection of children, young persons and pregnant women at work
      Equality and non- discrimination


    Administrative measures to monitor the application of the Law

    For the effective application of the law there is obligation for the service provider (undertaking according to section 4) before the commencement/beginning of the provision of services to submit to the Department of Labour (competent authority) the following documents (via email, fax or by post office) in Greek or in English.
      1. Written statement with the following information:
      (I) Name of the undertaking, its head office address and
      its legal status
      (ii) Name of the legal representative and the representative in the Republic of
      Cyprus if such a representative exists
      (iii) Address where posted workers will provide services and name, address and legal status of the undertakings receiving the services
      (iv) Date of starting posting and the possible duration
      (v) Nature of economic activity
        2. List of Posted Workers (full name, passport no, occupation)

      It is noted that in case of any change in the above information, the undertakings are obliged to submit an additional statement, as the case may be, within 15 days of the change.


      Appointment of inspectors for monitoring the application of the relevant law

      The Minister of Labour , Welfare and Social Insurance according to the section 22 of the relevant Law may appoint inspectors for the effective monitoring/control of the application of the Law. The role and their powers /duties are provided in the Law.


      Administrative and Criminal Sanctions

      Where the competent authority or according to the previous paragraph through the inspectors find out infringement of the provisions of the said law, three governmental member committee according to section 30(2) may impose administrative fine of up to €10.000 euro. In case of repetition it may impose administrative fine of up to €20.000 euro.


      Moreover according to section 34, any person infringes or fails to comply with the provisions of the said law is guilty of an offense and in case where is convicted is liable to imprisonment not exceeding two year or to a fine not exceeding €50.000 or both of these sanctions.


      Information

      Information on legislation can be obtained
      here or please contact the Department of Labour:

      Tel: 22400869
      Fax:22400809




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