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EU citizens may temporarily work in other member states of the EU and remain covered by their home social security system. For more information you may link to the webpage “Your Europe”.


I. Legal notice – disclaimer
This sheet aims to provide a general overview of the main substantive rules concerning the terms and conditions of employment to be met by legislation transposing Directive 96/71/EC concerning the posting of workers in the framework of the provision of services (OJ L 18 of 21.1.1997). By its very nature, such a sheet can only summarise and does not necessarily contain all the relevant information in this context. In no way can it replace legislative, regulatory or administrative texts, or applicable collective agreements. The information below has been provided by the authorities of the Member States, which have made every effort to ensure its accuracy. Neither the Commission nor the Member States concerned can, however, guarantee that the information provided is always precise, complete, accurate and up to date. Furthermore, publication on the portal of the European Commission does not imply in any way that the latter or its DGs and Services consider the rules presented in this way to be in conformity with Community law.

II. Instrument transposing Directive 96/71/EC
Law No 137(I) of 2002 on Posting of workers in the framework of the provision of services.

Official publication: Journal 3623 of 19 July 2002, pages 2361-2365, and Official Journal 3847 of 30/4/04, Annex III (I), page 2178.


III. Information on legislation applicable in accordance with the Directive
Information on legislation applicable to undertakings which, for a limited period of time, post workers to the territory of another Member State can be obtained at the following address:
Director
Department of Labour, Ministry of Labour, Welfare and Social Insurance
9, Klimentos street
1480 Nicosia Cyprus
Tel. No: +357 22400802
Fax No: +357 22400809
E-mail: director@dl.mlsi.gov.cy

IV. Failure to comply with the prescribed terms and conditions of employment
Cases of failure to comply with the prescribed terms and conditions of employment in Cyprus and possible cases of illegal transnational activities can be reported to the following address:
Director
Department of Labour
Ministry of Labour, Welfare and Social Insurance.
9, Klimentos street
1480 Nicosia Cyprus
Tel. No: +357 22400802
Fax No: +357 22400809
E-mail: director@dl.mlsi.gov.cy
Website: www.mlsi.gov.cy

V. Situations constituting a posting [Article 1 of the Directive]
Law No 137(I) of 2002 on the posting of workers in the framework of the provision of services 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.

More information can be found on this website under Legislation:

VI. Posted workers [Article 2 of the Directive]
Directive 96/71/EC applies to workers who, for a limited period of time, carry out their work on the territory of a Member State other than the State in which they normally work.

In Cyprus, for the purposes of Law No 137(I) of 2002, a worker is understood to be any person working for another person either under an employment contract or under circumstances from which the existence of an employer and worker relationship can be gathered, irrespective of that person’s title in the country of origin.

According to the case law of the Court of Justice of the European Communities, the temporary nature of an activity carried out on the territory of a Member State in the context of free provision of services cannot be determined abstractly but should be judged on a case-by-case basis, depending on the duration, frequency and periodicity or continuity.

It should be noted that in Cyprus, if an occupational activity can no longer be considered as being exercised temporarily according to the above-mentioned criteria, but is instead stable and continuous, then all the binding rules and regulations that are in force in Cyprus apply.

More information can be found on this website under Legislation:


VII. Work periods and rest periods [Article 3(1)(a) of the Directive]
Normal weekly working hours are provided for either in collective agreements, or by an agreement between the employer and the employee. It should be noted that collective agreements are of a voluntary nature and as such are not legally binding. In general, normal weekly working hours agreed in collective agreements range between 38 and 40 hours. Furthermore, under Law No 63(I)/2002 on the Organisation of Working Time, the working time in any week may not exceed 48 hours on average, including overtime.

A worker is also entitled under the above-mentioned Law to a minimum daily rest period of 11 consecutive hours in each 24-hour period. Furthermore, where working time exceeds six hours on any day a worker is entitled to a rest period of at least 15 minutes during which the worker may leave his workstation. Furthermore, under the same Law every worker is entitled to a minimum weekly rest period of 24 consecutive hours.

More details can be found on the website of the Department of Labour Relations:


VIII. Paid annual holidays [Article 3(1)(b) of the Directive]
Under the Organisation of Working Time Law (Law No 63(I)/2002) all workers are entitled to annual leave with pay of at least four weeks, in accordance with the terms provided for by legislation or collective agreements and/or practice related to this right and to the provision of the annual leave. More specifically, in accordance with the Annual Holidays with Pay Laws of 1967 to 2002 all workers employed on the basis of a five-day working week must be granted at least 20 days of annual leave with pay, and all workers employed on the basis of a six-day working week must be granted at least 24 days of annual leave with pay.
It should be noted that the above-mentioned Laws refer to the minimum annual leave to be granted; more favourable provisions may be provided for through collective agreements.

More information can be found on the website of the Department of Labour Relations:


IX. Pay [Article 3(1)(c) of the Directive]
In accordance with the Law on Minimum Wage (Chap. 183), which applies to clerks, shop assistants, child-care workers (assistant baby and child minders) and personal care workers (nursing aids), an Order is issued on a yearly basis revising the minimum wage. The last Order was enforced on 1 April 2006, and revised the minimum wage as follows:
The minimum monthly wage was increased to CYP 384 on appointment and CYP 408 after completing a six-month period, as from 1 April 2006.

Wages for the remaining professions are agreed through collective agreements, or directly between the employer and employee.

More information can be found on the website of the Department of Labour Relations:


X. Rules concerning hiring-out of workers and the terms and conditions applying to temporary workers [Article 3(1)(d) and (9) of the Directive]
No specific rules existing.

XI. Health, safety and hygiene at work [Article 3(1)(e) of the Directive]
Law 89 (I) of 1996 (as last amended by Law (99(I)/2003) covers all branches of economic activity and imposes duties on employers, self-employed persons and employees, and on designers, manufacturers, importers and suppliers of articles and substances for use at work.

The duties of employers and self-employed persons are not restricted to the protection of persons at work; they extend to cover also other persons likely to be affected by activities of persons at work. Furthermore, the general duties of employers are not restricted to the provision and maintaining of safe and healthy places of work and safe plant and equipment, they also impose requirements on employers to provide safe systems and safe methods of work as well as information, education and supervision of workers.

Compliance with requirements imposed by law is based on the principles of prevention as provided for in the Framework Directive. These principles include the avoidance of risks, the evaluation of risks which cannot be avoided, combating risks at source, adaptation of work to the individual, adaptation to technical progress, replacing the dangerous by the non-dangerous or less dangerous, the development of a coherent prevention policy, giving collective protective measures priority over individual protective measures and giving appropriate instructions to the workers.

Finally, the Legislation empowers Inspectors to issue Notices prohibiting specified work activities or the operation of specified plant, equipment, and premises, when there is an imminent and serious risk.

More information can be found on the website of the Department of Labour Inspection:


XII. Rules concerning the terms and conditions of employment of pregnant women and women who have recently given birth [Article 3(1)(f) of the Directive]
Maternity rights are secured through the “Maternity Protection Law” (No 100(1)/1997, as last amended by Law No 64(I)/2002).

An employed woman who presents a certificate from a registered medical practitioner stating the expected week of her confinement is entitled to maternity leave. Maternity leave is provided for 16 weeks, of which 9 weeks must compulsorily be taken during the period beginning the second week before the expected week of confinement.

An employed woman who adopts or takes in to her care a child less than 12 years of age for the purpose of adoption is allowed maternity leave of 14 weeks.

- During maternity leave the employed woman is allowed a grant.
- The employed woman is protected against termination or notice of termination of employment during the period starting when she notifies her employer of her pregnancy and ending 3 months after maternity leave. This does not apply in cases where the employed woman is found guilty of a misdemeanour, or the business at which she is employed closes down or the contract period has expired.
- Women who gave birth and are breastfeeding or have increased responsibilities for the care/raising of the child, can, for a six-month period commencing on the date of birth or maternity leave, interrupt their employment for one hour or go to work one hour later or leave work one hour earlier. The one-hour excuse period is considered working time.

More information can be found on this website under Legislation:

XIII. Rules concerning the terms and conditions of employment of children and young people [Article 3(1)(f) of the Directive]
Law No 48(I) of 2001 provides for the Protection of Young Persons at work. More specifically:

The employment of children (less than 15 years old) is prohibited. Children having attained the age of 14 and completed compulsory education may be placed under a combined work-training scheme under special licence issued by the Ministry of Labour and Social Insurance.

Provision of domestic services in a private household and at any work considered as not being harmful, damaging or dangerous to adolescents in a family undertaking are excluded from the scope of application of the legislation.

Employment of a child in cultural, artistic, sports or advertising activities is permitted subject to a licence being issued by the Ministry of Labour and Social Insurance.

The maximum weekly working hours are 36 for children and 38 for adolescents (over 15 years of age and under 18). Employment of children between 13.00 one day and 07.00 the following day is prohibited. For adolescents the period of prohibition is limited between 23.00 and 07.00. Daily rest is 14 hours for children and 12 hours for adolescents. Weekly rest is 48 hours.

More information can be found on this website under Legislation:


XIV. Equality and non-discrimination [Article 3(1)(g) of the Directive]
Law No 205(I) of 2002 ¨on equal treatment of men and women in employment, vocational training and promotion and working conditions¨ covers, among others, the issues of positive action, gender-based advertising and sexual harassment. It also provides for relevant effective remedies for breaches of the principle of equality.

The principle of equal treatment in employment on the grounds of religion or belief, disability, age, racial or ethnic origin and sexual orientation is safeguarded by the relevant legislation, Law No 58(I) of 2004 ¨on equal treatment in employment and occupation, and Law 57(I) of 2004 ¨on people with disabilities (Amendment)¨.

The legislation prohibits direct and indirect discrimination, harassment and instruction to discriminate and applies to all persons in both public and private sectors, in relation to conditions for access to employment, vocational guidance and vocational training, working conditions and access to membership of, and involvement in, an organisation of workers or employers. It also provides for positive action, burden of proof and protection from reactions to complains.

More information can be found on this website under Legislation:


XV. Terms and conditions of employment concerning other matters [Article 3(10) of the Directive]
There are no such terms and conditions of employment.

XVI. Procedural and administrative requirements
Undertakings subject to the legislation on the posting of workers are obliged to submit the following information to the Ministry of Labour, Welfare and Social Insurance, before the posting: Name, address and legal entity of the undertaking, the legal representative of the undertaking and representative in Cyprus (if such a representative exists), place of work of posted workers, date of commencement of the provision of services, duration of posting, nature of activity and personal details of posted workers.
In the event of changes, undertakings have to submit revised information within 15 days.

More information can be found on this website under Legislation:


XVII. Mediation mechanisms in cases of conflict
In cases of conflict, the grievance may be submitted to the Department of Labour Relations. If the dispute refers to the non-application of labour legislation then a complaint may be made by the interested party, and the Department's inspectors will undertake to examine the issue.

If the dispute refers to the conclusion of a new collective agreement or the renewal of an existing collective agreement (Disputes over interests), and direct negotiations have reached a deadlock, then the trade union involved may submit an application to the Department of Labour Relations requesting it to mediate in the dispute, in accordance with the Industrial Relations Code. The same procedure applies in the case of Disputes over rights (i.e. disputes arising from the interpretation or implementation of an existing collective agreement or of existing conditions of employment, or arising from a personal complaint, including a complaint over dismissal).

The Industrial Relations Code, referred to above, is a voluntary agreement signed between the social partners in 1977; it lays down the agreed procedures for conflict resolution.

More information can be found on the website of the Department of Labour Relations:


XVIII. Information on judicial enforcement procedures
Information on possible judicial remedies in Cyprus can be obtained from the following address:
Director
Department of Labour
Ministry of Labour, Welfare and Social Insurance.
9, Klimentos street
1480 Nicosia Cyprus
Tel. No: +357 22400802
Fax No: +357 22400809
E-mail: director@dl.mlsi.gov.cy

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