ΕκτύπωσηΕκτύπωση Κλείσιμο Κλείσιμο

Κυπριακή Δημοκρατία
Posted Workers




1. POSTED WORKERS LAW DEFINITIONS

2. ORGANISATION OF WORKING TIME

3. MINIMUM WAGE

4. PROTECTION OF WAGES

5. TEMPORARY AGENCY WORK

6. HEALTH, SAFETY AND HYGIENE AT WORK

7. PROTECTION OF MATERNITY

8. EQUALITY BETWEEN MEN AND WOMEN IN EMPLOYMENT

9. PROTECTION OF CHILDREN AND YOUNG PEOPLE

10. PROMOTION OF EQUALITY AND NON DISCRIMINATION IN THE WORKPLACE

11. CONTACT DETAILS






    1. POSTED WORKERS LAW DEFINITIONS
      - Situations constituting a posting

      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:
      1. 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.
      2. 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.
      3. 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.

      - Posted workers

      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.


      - Legal basis

      More info: http://ec.europa.eu/social/main.jsp?catId=471








      2. ORGANISATION OF WORKING TIME

      The Organisation of Working Time Principal Law came into force on 1 January 2003. The Law sets minimum health and safety requirements in relation to the organisation of employees’ working time and applies to all enterprises, establishments and works of the private and public sector, except in relation to:
      • the members of the Armed Forces
      • the members of the Police Force and
      • the seafarers covered by the Merchant Shipping (Organisation of Working Time of Seafarers) Law of 2003 (Law No. 79(I)/2003).


      a. Working hours

      Subject to any other Laws or Regulations providing for more favourable arrangements for workers, working time in any week may not exceed 48 hours on average, including overtime.

      The reference period for calculating the average weekly working time is set over a period of four months. Periods of paid annual leave and sick leave are not taken into consideration in estimating the average weekly working time. In case an employer requests from an employee to work longer than 48 hours on average (over the 4-month reference period), this is only possible following the employee’s consent. The employee is not subjected to any adverse consequences by his/her employer if he/she does not accept to perform such work.

      In case, following the employee’s consent, the maximum weekly working time (48 hours) is exceeded, the employer should:
      • keep up to date records with the names of employees engaged in such work
      • make these records available to the Ministry of Labour and Social Insurance with all details of the employees and their consent (if requested) to engage in work exceeding 48 hours weekly.

      The Minister may restrict or prohibit the possibility of exceeding the maximum weekly working hours for reasons of health and/or safety of the employees involved.


      b. Rest periods

      An employee is entitled to at least eleven uninterrupted hours of rest each day. Also, an employee is entitled to a minimum period of 24 uninterrupted hours of rest weekly. However, provided the employer so decides, an employee may have in a period of 14 days: either two separate rest periods of 24 uninterrupted hours each or an uninterrupted rest period of 48 hours.


      c. Duration of night work

      Night time means the period commencing at 11 o’clock at night and ending at 6 o’clock in the morning of the following day. In order to be regarded as a “night worker”, a worker:
      • during night time, must work at least three hours of his/her daily working time as a normal course, or
      • is likely to work, during night time, for at least 726 hours of his/her annual working time, provided that no smaller number of hours is provided by collective agreements.

      The employee’s total daily working time shall be taken into account for the calculation of the above hours, provided that it includes at least three hours during the period between 11 o’clock at night and 6 o’clock in the morning of the following day, regardless of the time his shift begins or ends, and the worker performs his/her work in at least 7 consecutive working hours.

      The working time of a night worker shall not exceed on average eight hours for each 24-hour period. The average should be calculated within a period of one month, or in such other period as may be provided for in any collective agreement. The minimum weekly rest period of 24 hours provided for by this Law shall not be taken into consideration in calculating the average.

      A night worker, whose night work entails specific risks or significant physical or mental stress, shall not work at night for more than eight hours in any twenty-four-hour period.

      Work entailing specific risks or significant mental stress, where not determined by legislation or collective agreement, shall be agreed by consultation between the employer and representatives of workers or their representatives on health and safety matters, in accordance with the written assessment of risks which shall include any risks related to night work that the employer is required to provide in accordance with the Law and the Regulations made thereunder.


      d. Health and safety during night work
      • An employer who employs night workers on a regular basis shall inform the Ministry of Welfare, Labour and Social Insurance of the fact in writing.
      • An employer shall take all necessary measures to ensure that shift workers and night workers enjoy such protection in relation to their health and safety, as is appropriate to the nature of their work.
      • An employer ensures that before any worker commences night work, and at regular intervals thereafter, the worker undergoes, free of charge, the necessary medical examinations in order to ascertain whether they are suitably fit for the specific work they will be performing.


      e. Derogations

      Subject to the general principles of the protection of the safety and health of workers, certain derogations from the provisions of the Law may be possible in relation to:
      • rest intervals
      • daily and weekly rest periods
      • maximum weekly work time and
      • duration of night work.
      23
      Such derogations apply to workers whose working time is not measured or predetermined or may be decided by the workers themselves, in particular in relation to:
      • management executives or other persons with autonomous decision-making powers
      • family workers
      • workers officiating at religious ceremonies in places of worship and religious communities
      • medical practitioners under training (in this case special provisions apply).

      According to the Law, derogations from certain articles of the Law may be adopted by means of collective agreements or agreements between the employers and the employees’ representatives provided that equivalent periods of compensatory rest are afforded to the workers concerned or that in exceptional cases where this is objectively assessed not made possible, appropriate protection is afforded to workers in activities and cases set out by the Law.


      f. Minimum paid annual holidays

      All employees are entitled to at least 4 weeks annual leave yearly. More specifically, those working five days a week are entitled to a minimum of 20 working days annual leave and those working six days a week are entitled to a minimum of 24 working days annual leave.

      The annual leave may be substituted by monetary compensation only in the case of termination of employment.


      g. Relevant legislation

      Οι περί της Οργάνωσης του Χρόνου Εργασίας Νόμοι του 2002 έως 2007 (Greek Law)
      The Organisation of Working Time Law of 2002 (English Guide)
      Οι περί Ετησίων μετ' Απολαβών Νόμοι του 1967 έως 2011 (Greek Law)








      3. MINIMUM WAGE

      The Minimum Wage is determined by an Order set by the Council of Ministers and applies only for a specific number of occupations. These occupations are: clerks, shop assistants, child-care workers, assistant baby and childminders, personal care workers, nursing assistants, security guards and cleaners of business/corporate premises.

      For any other occupation the wage is determined either by a collective agreement or by an agreement between the employer and the employee upon recruitment.

      As from the 1st of April 2012, the minimum monthly wage is set at €870 gross upon recruitment increasing to €924 gross after six months of employment at the same employer. It should be noted that the minimum wage is set for full time employees. This varies according to occupation, for example shop assistants full time working hours are set at 38. For part time employees whose occupation is covered by the Minimum Wage Order, the hourly rate is calculated in proportion of the usual working time of the company.

      For security guards and cleaners, the Order sets an hourly rate. The minimum hourly wage for security guards is set at €4.90 gross and upon completion of a six-month period of employment at the same employer is increased to €5.20 gross. The hourly rate of pay for newly recruited cleaners is €4.55 gross and upon completing six months of employment at the same employer is increased to €4.84 gross.


      - Keeping a record of wages

      Every employer is obliged to keep a record of wages in respect of those professions covered by the Order.


      - Offences and sentences

      Any employer, who does not comply with the minimum wage requirements, in the case of the above professions, shall be subject, on conviction, to a fine as prescribed by the Law.


      - Compensation of the employee

      In case of a conviction of the employer, an employee may claim the difference between his wage and the minimum wage within a period of two years before the submission of the complaint.


      - Relevant legislation

      Το περί Κατώτατων Μισθών Διάταγμα του 2012 (Greek Law)








      4. PROTECTION OF WAGES

      The Protection of Wages Law of 2007 was put into force on the 21st of March 2007 and applies to all employees that receive wages. Its main purpose is to regulate the method and frequency with which wages are paid and also, to lay down the circumstances for allowable deductions.


      - Frequency of payments

      According to the Protection of the Wages Law, wages must be paid at least weekly or monthly, depending on the agreement between the employer and employee. Any delay beyond the specified period of payment is a violation of the aforementioned Law and the employee may submit a written complaint to the Department of Labour Relations, which undertakes the examination of the issue. In the absence of a settlement of the dispute, the employee may appeal to the Industrial Disputes Court.


      - Deduction of wages

      Deductions from wages are permitted only under certain conditions and always to the extent deemed necessary for the support of the employee and his family.

      Deductions that can be made from wages are the following:

      • deductions prescribed by laws and regulations (social insurance, inland revenue, etc.);
      • deductions in accordance with regulations for retirement, provident and medical funds;
      • deductions prescribed by Court rulings;
      • deductions for the reimbursement of damage or loss to the employer are only authorized if they were caused intentionally or due to severe negligence on behalf of the employee
      • other deductions following the employee’s consent.


      - Relevant legislation

      Οι περί Προστασίας των Μισθών Νόμοι του 2007 έως 2012 (Greek Law)








      5. TEMPORARY AGENCY WORK

      The purpose of the Temporary Agency Work Law of 2012 is to ensure the protection of temporary agency workers and to improve the quality of temporary employment through the principle of equal treatment and recognition of temporary agencies as employers. The purpose of the Regulations of 2012 is to regulate the terms and conditions for the implementation of the licensing system, certification and inspection of temporary agencies.


      Relevant legislation

      Ο περί της Εργασίας μέσω Επιχείρησης Προσωρινής Απασχόλησης Νόμος του 2012 (Greek Law)
      Οι περί της Εργασίας μέσω Επιχείρησης Προσωρινής Απασχόλησης Κανονισμοί του 2012 (Greek Regulations)
      Guide for the Temporary Agency Work Law and Regulations of 2012 (English Guide)
      Ενημερωτικός Οδηγός για τον περί της Εργασίας μέσω Επιχείρησης Προσωρινής Απασχόλησης Νόμο και Κανονισμούς του 2012 (Greek Guide)








      6. HEALTH, SAFETY AND HYGIENE AT WORK

      All issues regarding health, safety and hygiene at work fall under the Safety and Health at Work Laws of 1996 to (No.2) 2015. These Laws and the Regulations and Orders issued thereunder, harmonise Cyprus National Legislation with the European Acquis and specifically with the EU Framework Directive no. 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work and other directives concerning safety and health at work. The Department of Labour Inspection (DLI) is the competent authority for all safety and health issues in Cyprus workplaces.

      An unofficial English translation of the Safety and Health at Work Laws is attached. More information in English / Greek could be found on the website of the DLI (
      www.mlsi.gov.cy/dli ).


      Relevant legislation

      The Safety and Health at Work Laws of 1996 to 2015 (English Law)
      The Safety and Helath at Work Legislation








      7. PROTECTION OF MATERNITY

      - Maternity leave duration

      According to the Protection of Maternity Law of 1997 a pregnant worker is entitled to maternity leave for 18 consecutive weeks. Of this, 11 weeks is considered compulsory leave (two weeks before the week of the expected delivery date, the week of delivery and eight weeks after the week of delivery).

      A woman worker is entitled to maternity leave on presenting a medical certificate from a registered doctor stating the expected week of her delivery.

      In case of multiple babies, maternity leave is extended by 4 weeks for each additional baby.

      For health reasons of an infant (hospitalization), a new mother may be granted one additional week of maternity leave for every 21 days of hospitalization provided that the total additional leave may not exceed 6 weeks.

      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.


      - Protection against dismissal

      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 5 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 may interrupt their employment for one hour or go to work one hour later or leave work one hour earlier until the baby turns 9 months old. The one-hour excuse period is considered working time.


      - Relevant legislation

      Pregnancy and Equal Treatment and Vocational Training Guide (English Guide)
      The Protection of Maternity Guide (English Guide)
      Οι περί Προστασίας της Μητρότητας Νόμοι του 1997 έως 2018 (Greek Law)








      8. EQUALITY BETWEEN MEN AND WOMEN IN EMPLOYMENT

      Equality of the sexes has from the start been a basic goal of the Cyprus Government, a goal which from the end of the 1970s began to be incorporated into the more general social and economic policy of the state. It was promoted by various measures within the framework of Strategic Development Plans which targeted expansion of facilities to help conciliate family and employment responsibilities, the creation of a legal framework which could effectively deal with gender discrimination, and which generally aimed at improving the position of women in economic and social life.

      Encouragement of equality and of equal opportunities is a fundamental priority of employment policy in Cyprus. This endeavours to encourage and increase the participation of women in the work force and also aims at their fuller social inclusion.

      Measures and priorities concerning equality in employment have resulted in increased numbers of women joining the work force while protecting equal opportunities in promotion, pay and professional advancement. As a result, the role and the position of women in social and economic life has been strengthened. These developments were aided by the good course of the Cypriot economy over the last few years which was combined with radical economic restructuring beginning with the marked development of the services sector.

      The largest share of new jobs is concentrated in the services sector which offers better terms and conditions of employment and favours the participation of women. In Cyprus today, about 15,000 women seem to prefer temporary employment while some 16,000, part-time employment in areas such as education, trade, agriculture as well as in processing industries, either because of favourable working conditions or flexible hours which help them combine family, social and employment obligations.

      More info on the following link:
      http://www.mlsi.gov.cy/mlsi/dl/dl.nsf/page1f_en/page1f_en?OpenDocument


      Relevant legislation

      Οι περί Ίσης Μεταχείρισης Ανδρών και Γυναικών στην Απασχόληση και στην Επαγγελματική Εκπαίδευση Νόμοι του 2002 έως 2014 (Greek Law)






      9. PROTECTION OF CHILDREN AND YOUNG PEOPLE

      Relevant legislation

      Ο περί Προστασίας των Νέων κατά την Απασχόληση Νόμος του 2012 (Greek Law)
      Οι περίΠροστασίας των Νέων κατά την Απασχόληση Κανονισμοί του 2012 (Greek Regulations)








      10. PROMOTION OF EQUALITY AND NON DISCRIMINATION IN THE WORKPLACE

      Relevant legislation

      Non-Discrimination on Grounds of Age in the Field of Employment and Occupation Guide (English Guide)
      Sexual Harassment In the Workplace Guide (English Guide)








      11. CONTACT DETAILS


      DEPARTMENT OF LABOUR
      • Posted Workers Law Definitions
      • Temporary Agency Work
      • Protection of Maternity
      • Equality between Men and Women in Employment
      • Protection of Children and Young People
      • Promotion of Equality and Non Discrimination in the Workplace

      Phone number: 22400807
      E-mail address:
      director@dl.mlsi.gov.cy
      Webpage: http://www.mlsi.gov.cy/dl


      ------------------------------------------------------------------------------------------


      DEPARTMENT OF LABOUR RELATIONS
      • Organisation of Working Time
      • Miminum Wages
      • Protection of Wages

      Phone number: 22803100/127
      E-mail address: director@dlr.mlsi.gov.cy
      Webpage: http://www.mlsi.gov.cy/dlr


      ------------------------------------------------------------------------------------------


      DEPARTMENT OF LABOUR INSPECTION
      • Health, Safety and Hygiene at Work

      Phone number: 22405623
      E-mail address: info@dli.mlsi.gov.cy
      Webpage: http://www.mlsi.gov.cy/dli

      _______________________________________________
      © 2011 - 2019 Κυπριακή Δημοκρατία,
      Υπουργείο Εργασίας Πρόνοιας και Κοινωνικών Ασφαλίσεων
      Τμήμα Εργασιακών Σχέσεων