EMPLOYMENT GUIDE
Department of Labour, Ministry of Labour and Social Insurance
Website: www.mlsi.gov.cy/dl
TABLE OF CONTENTS
INTRODUCTION
1. BASIC PROVISIONS OF LABOUR LEGISLATION
1.1 INFORMATION TO THE EMPLOYEE ON THE BASIC CONDITIONS
APPLICABLE TO HIS EMPLOYMENT
1. HOURS OF WORK OF CLERKS, QUARRY WORKERS, MINERS, SHOP
EMPLOYEES, AND HOTEL AND CATERING EMPLOYEES
1.3 MINIMUM WAGES FOR CLERKS, SALES STAFF, SCHOOL ASSISTANTS,
CHILD AND INFANT MINDERS, NURSING ASSISTANTS, SECURITY GUARDS
AND CARE WORKERS
2. LEGISLATION GOVERNING THE TERMINATION OF EMPLOYMENT
AND SAFEGUARDING THE EMPLOYEES’ RIGHTS IN THE EVENT OF
TRANSFER OF UNDERTAKINGS, BUSINESSES OR PARTS THEREOF
.1 THE TERMINATION OF EMPLOYMENT LAW
. COLLECTIVE REDUNDANCIES
.3 MAINTENANCE AND SAFEGUARDING OF EMPLOYEES’ RIGHTS IN THE
EVENT OF TRANSFER OF UNDERTAKINGS, BUSINESSES OR PARTS
THEREOF
3. TERMS OF EMPLOYMENT
3.1 ORGANISATION OF WORKING TIME
3. PART-TIME WORK (PROHIBITION OF UNFAVOURABLE TREATMENT)
3.3 FIXED TERM WORK (PROHIBITION OF UNFAVOURABLE TREATMENT)
3.4 PROVISION OF INFORMATION TO THE EMPLOYEE BY THE EMPLOYER ON
THE CONDITIONS APPLICABLE TO THE EMPLOYMENT CONTRACT OR
RELATIONSHIP
3.5 PROTECTION OF WAGES
4. EQUALITY IN EMPLOYMENT (GENDER AND OTHER)
4.1 MATERNITY PROTECTION
4. EQUALITY OF TREATMENT IN EMPLOYMENT AND OCCUPATION
4.3 EQUALITY OF TREATMENT OF MEN AND WOMEN IN EMPLOYMENT AND
VOCATIONAL TRAINING
4.4 PARENTAL LEAVE AND LEAVE ON GROUNDS OF FORCE MAJEURE
4.5 EQUAL PAY BETWEEN MEN AND WOMEN FOR THE SAME WORK OR FOR
WORK TO WHICH EQUAL VALUE IS ATTRIBUTED
5. REGULATION OF THE OPERATION OF SHOPS AND OF THE CONDITIONS
OF EMPLOYMENT OF SHOP EMPLOYEES
5.1 TERMS AND CONDITIONS OF EMPLOYMENT OF SHOP EMPLOYEES
5. REGULATION OF OPERATION OF SHOPS
5.3 GENERAL MATTERS
6. PROTECTION OF YOUNG PERSONS AT WORK
7. DUTIES AND RESPONSIBILITIES OF INSPECTORS
APPENDIX - CONTACT INFORMATION
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INTRODUCTION
The Department of Labour of the Ministry of Labour and Social Insurance, within the
framework of its efforts to provide information to the Cypriot citizen on basic provisions
of the Labour Legislation, has prepared and made available to you this concise Guide.
The Guide contains, in a concise and simple form, basic provisions of Labour Legislation
applied by the Departments of Labour, Labour Relations, Labour Inspection and Social
Insurance, of the Ministry of Labour and Social Insurance, as these provisions stood, when
the nal draft of the Guide was sent to the printers in June 008.
A few specialized chapters of labour law are not included in this Guide
The information contained in this Guide in no case constitutes a substitute for the
provisions of the relevant legislation, as published in the Ofcial Gazette of the Republic,
which is the only ofcial and authentic source.
For further information and for resolving any problems encountered by them, citizens may
apply [either by telephone or by calling personally] at the Ofces/ Services listed in the
Appendix to this Guide.
Important: This Guide does not provide information on the whole of the labour
legislation.
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01.
BASIC PROVISIONS
OF THE LABOUR
LEGISLATION
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01. BASIC PROVISIONS OF THE LABOUR LEGISLATION
1.1 INFORMATION TO THE EMPLOYEE ON THE BASIC CONDITIONS APPLICABLE
TO HIS EMPLOYMENT
The Provision of Information to the Employee by the Employer on the Conditions Applicable
to the Contract or Employment Relationship Law.
The employer is obliged to inform the employee in writing, within one month after
commencement of the employment, of the essential conditions applicable to his contract
of employment or employment relationship, as follows:
• The place of his work.
• His position or specialty, his grade or category of work, as well as the content and
object of his work.
• The date of commencement of the contract of employment or employment relationship
and its expected duration, in the case of employment on a xed term.
• The duration of paid leave, to which the employee is entitled, as well as the manner
and the time of granting such leave.
• The notice to be observed by the employer and the employee in case of termination
of the contract or employment relationship.
• All components of the employee’s remuneration, as well as the frequency of its
payment.
• The duration of the employee’s normal daily or weekly work.
• Any collective agreements applicable to the terms and/or conditions of the employee’s
employment.
1.2 HOURS OF WORK OF CLERKS, QUARRY WORKERS, MINERS, SHOP EMPLOYEES
AND HOTEL AND CATERING EMPLOYEES
A series of legislations regulate the hours of work, as well as other conditions of the
employees’ employment, either in general or for particular occupations. The Organisation
of Working Time Law contains general provisions for the hours of work, which apply to all
employees, while the Hours of Work Law provides for the issue of Orders by the Council
of Ministers xing the hours of work of persons employed in specic occupations. The
hours of work and other conditions of employment such as overtime work, breaks and rest
for the shop assistants, are regulated by the Shop Assistants Law. Finally, the conditions
of employment of hotel and catering employees are regulated by the Hotel Employees
(Conditions of Service) Regulations and by the Catering Employees (Conditions of Service)
Regulations, respectively. For further information on the provisions of the legislation, you
may apply to the Department of Labour Relations.
The hours of work and other conditions of employment in specic occupations, as provided
in the legislation referred to above, are analysed below.
1.2.1 CLERKS
Persons covered
The legislation applies to every person employed as a clerk or in an executive or
administrative capacity, including low rank employees and messengers, but excluding
employers, partners, company directors or ofcials. It applies to persons employed in
ofces at which any trading or banking business or liberal profession is carried out, with
the exception of persons employed in ofces that are located in industrial undertakings,
doctor’s practices, hospitals or shops.
Hours of work
The total number of hours of work of persons covered cannot exceed 44 per week or
8 per day.
1.2.2 QUARRY WORKERS AND MINERS
Persons covered
Every person working permanently or temporarily in a quarry or mine, excluding managerial/
clerical staff not engaged in manual work and persons working in the health and welfare
services of quarrying or mining establishments.
Hours of work
• The working time of miners working underground must not in total exceed 40 hours
a week or 8 hours a day.
• The total number of hours of work of miners working on the surface must not exceed
44 a week or 8 a day.
• The total number of hours of work of quarry workers must not exceed 44 a week or
8 a day.
Offences and penalties
Any employer who violates the hours of work applicable to clerical, quarrying and mining
occupations is guilty of an offence and, in case of conviction, is liable to a ne not
exceeding €170 (£100) or to imprisonment for a term not exceeding six months or to
both such ne and imprisonment.
1.2.3 SHOP EMPLOYEES
Persons covered
Every person employed in any premises where retail trade or business is carried out, such
as sales staff cashiers, stevedores, warehouse staff, including heads of departments, as
well as employees in butcheries, sh markets, bakeries and hair dressing salons.
Conditions of employment
• Normal working hours: The total number of normal weekly and daily working hours
must not exceed 38 and 8, respectively.
• Over-time work: Working longer than the above number of hours is allowed subject
to the consent of the employee concerned and to the payment of over – time
compensation. The rate of such compensation cannot be less than the ratio of 1,5 to1
for weekdays and to1 for Sundays, holidays and free mornings or free afternoons.
The maximum working time, including over-time work, must not exceed 46 hours a
week or 10 hours a day.
• Breaks: Every shop employee must work continuously during the daily working hours,
with only one break of between 15 minutes and one hour. During the period from 15
June to 31 August each year, the break may be extended up to the length of the
afternoon recess.
• Free mornings or afternoons: Every week the employer must allow the employees
who work a six-day week, three free afternoons starting at p.m. or free mornings
ending before p.m. Those working a ve-day week must be granted either one
free afternoon or one free morning. One of the free afternoons must be given on a
Saturday every other week and/or a Sunday every such week.
• Holidays: Every shop employee is entitled to 14 holidays with pay as specied in the
Law.
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Obligation of employer to display the list of his employees
Every employer is obliged to display in his shop a table showing the names of his shop
employees, their working hours and their breaks, their free afternoons and/or mornings,
their daily and weekly rest and their annual leave.
Offences and penalties
Any employer who contravenes or fails to comply with the provisions of the above
mentioned Law, is guilty of an offence and on conviction, is liable to a ne not exceeding
€17.086 (£10.000) or to imprisonment for a term not exceeding one year or to both such
ne and imprisonment.
1.2.4 HOTEL AND CATERING EMPLOYEES
Persons covered
A hotel employee is any person engaged in hotel work, under a contract of employment
or other employment relationship and includes any person employed in any restaurant or
kitchen used for serving the hotel guests, but does not include the hotel manager.
A catering employee is any person working under a contract of employment or other
employment relationship, in a restaurant, cabaret, coffee-shop, music place, bar, night-
club, tavern, club or any other place where food or drinks are consumed.
Conditions of employment
• Weekly hours of work: The number of hours of work of hotel and catering employees
must not exceed 48 a week, including over-time work.
• Daily hours of work:
(a) Hotel employees: The number of hours of work must not exceed 8 a day and may
be spread over a maximum period of 13 hours, with not more than two breaks
(three shifts).
(b) Catering employees: The number of hours of work must not exceed 8 a day, with
not more than one break (two shifts).
• Over-time work:
(a) Hotel employees: Up to hours a week.
(b) Catering employees: Up to 8 hours a week.
In both cases the minimum over-time compensation must be at the ratio of 1,5 to 1.
• Weekly rest: Every hotel or catering employee is entitled to one day off weekly, with
full pay.
• Annual leave: Every hotel or catering employee is entitled to an annual leave of four
weeks with full pay, which is 0 working days in the case of a ve-day working week
and 4 working days in the case of a six-day working week.
• Sick leave:
(a) Hotel employees:
- For service between six months and three years: 15 days.
- For more than three years service: 4 days.
(b) Catering employees:
- For service between six months and three years: 10 days.
- For more than three years service: 18 days.
Employer’s and employee’s obligations
• Professional booklet: Every employer is obliged to supply every hotel or catering
employee with a professional booklet.
• Termination of employment:
(a) Hotel employees: During the rst month of service the employment may be
terminated without any obligation on the part of the employer to the employee.
After one month of service, the employer or the employee, depending on whose
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initiative the employment is terminated, is obliged to give the prescribed period
of notice or pay the corresponding compensation.
(b) Catering employees: The employer or the employee, depending on whose initiative
the employment is terminated, is obliged to give the prescribed notice or pay the
corresponding compensation.
• Service charge: Every employer of a hotel or catering employee is obliged to charge
10% on every customer’s bill. The total of this charge is distributed monthly among
the employees concerned.
• Display of list and table: Every employer of a hotel or catering employee is required
to display:
- A list of his employees with their respective occupations.
- A table showing the daily hours of work, the weekly rest day, the annual leave and
the points of every employee for the purposes of distributing the service charge.
Offences and penalties
• Hotels: Any employer who contravenes or fails to comply with the provisions of the
Hotel Employees (Conditions of Service) Regulations, is guilty of an offence and is
liable, on conviction, to a ne not exceeding € 1.708 (£1.000).
• Catering: Any employer who contravenes or fails to comply with the provisions of the
Catering Employees (Conditions of Service) Regulations, is guilty of an offence and
is liable, on conviction, to a ne not exceeding € 3.417 (£.000) or to imprisonment
for a term not exceeding one year or to both such ne and imprisonment.
1.2.5 OTHER OCCUPATIONAL CATEGORIES
The hours of work, rest, breaks and annual leave of employees not belonging to any of
the above mentioned occupational categories, are governed by the provisions of the
Organisation of Working Time Law. According to this Law, unless other more favourable
arrangements for the employees are applicable through industry - wide collective or
enterprise-based agreements, the following apply:
• The weekly working time cannot exceed 48 hours, on average, including over- time
work. The average working time is calculated every four months.
• The minimum period of rest per 4 hours is xed at 11 consecutive hours.
• The minimum weekly rest is xed at 4 consecutive hours.
• Where the daily working time exceeds six hours, there must be a break of at least
15 minutes.
• A minimum period of four weeks annual leave with pay must be granted, that is 0
working days in case of a ve-day working week and 4 working days in case of a
six-day working week.
• The other conditions of employment (over-time work, sick leave, etc.), for employees
not belonging to any of the above mentioned occupational categories, are xed
through industry-wide collective or enterprise- based agreements.
1.3 MINIMUM WAGES FOR CLERKS, SALES STAFF, SCHOOL AIDS, CHILD AND
INFANT MINDERS, NURSING AIDS, SECURITY GUARDS AND CARE WORKERS
Manner of xing minimum wage
The minimum salary is xed on 1 April each year by Order of the Council of Ministers.
Purpose
The purpose of the legal minimum wage is to protect employees in non-unionised
occupations/specialisations, whose conditions of employment can rarely be set through
collective agreements.
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Occupations covered
The minimum wage applies to clerks, sales- persons, school aids, child and infant minders,
nursing aids, care workers and security guards.
Amount of minimum wage
As from1 April 008 the minimum wage on recruitment is € 743 (£ 435) and €78 (£46)
after six months of service with the same employer.
Salary records
The employer is obliged to keep a salary record for the occupations covered by the
Order.
Offences and penalties
Any employer who pays less than the minimum wage to an employee belonging to any
of the occupations covered, is guilty of an offence and is liable, on conviction, to a ne
not exceeding €170 (£100) and to an additional ne not exceeding €4 (£5) for every
day of contravention of the Order after conviction.
Payment of compensation to employee
In case of conviction of the employer, the employee may claim payment of the difference
between his wage and the minimum wage, for a period of up to two years before the
date of complaint.
Competent Authority for implementing the Law: Department of Labour relations.
July 2008
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02.
LEGISLATION GOVERNING THE TERMINATION
OF EMPLOYMENT AND SAFEGUARDING
OF EMPLOYEE’S RIGHTS IN THE EVENT
OF TRANSFER OF UNDERTAKINGS,
BUSINESSES OR PARTS THEREOF
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02. LEGISLATION GOVERNING THE TERMINATION OF EMPLOYMENT AND
SAFEGUARDING OF EMPLOYEE’S RIGHTS IN THE EVENT OF TRANSFER OF
UNDERTAKINGS, BUSINESSES OR PARTS THEREOF
2.1 THE TERMINATION OF EMPLOYMENT LAW
Introduction
The Termination of Employment Law was enacted on 7 May 167 and came into
operation on 1 February 168. The main purpose of this Law is to protect employees
against dismissal.
Persons covered
The Termination of Employment Law covers all employees, whether in the private or the
public sector, including apprentices. It also covers the shareholders of private companies
who are employed by their companies. Employees of the Government of the United
Kingdom and of N.A.A.F.I., working in Cyprus, are excepted from the provisions of the
Law that govern redundancies, on the ground that such employees are protected by
redundancy schemes offered by their employers.
Employer’s obligation to give notice
An employer intending to terminate the employment of an employee, who has completed
at least 6 weeks of continuous employment with that employer, is obliged to give
the employee a minimum period of notice, depending on the length of his service, as
follows:
Period of continuous employment Period of notice to be given
6 to 51 weeks one week
5 to103 weeks two weeks
104 to 155 weeks four weeks
156 to 07 weeks ve weeks
08 to 5 weeks six weeks
60 to 311 weeks seven weeks
31 or more weeks eight weeks
The above notice must be given in writing.
The right of an employee to a longer period of notice, if he is so entitled by custom,
law, collective agreement, contract or otherwise, is not affected by the Termination of
Employment Law.
The employer is not obliged to give notice, if the employment is on a probationary basis
for a period not longer than 104 weeks. Where such period is longer than 6 weeks, notice
is not required only where the probationary period has been xed by written agreement
between the employer and the employee at the time of recruitment.
The employer has the right to require the employee to accept payment of his wages, in
lieu of the period of notice to which he is entitled.
During the period of notice, the employee, by agreement with his employer, is entitled to
time off not exceeding eight hours per week, subject to a maximum of 40 hours in total,
without loss of pay, in order to be able to seek new employment.
An employee, who has been given notice, is entitled, if he nds new employment, to leave
the employment of his employer without any notice. In such case the employee loses his
entitlement to payment for the remainder of the period of notice.
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Giving notice to an employee, who is absent from work because of incapacity for work, is
prohibited for a period of up to twenty six weeks from commencement of such incapacity.
Moreover, the period of notice in the case of an employee, who becomes incapable of
work as result of a occupational accident occurring during that period, is suspended.
The terms ‘incapable of work’ and ‘occupational accident’ have the meaning assigned to
them by the Social Insurance Law.
The employer has the right to terminate the employment of an employee without notice,
where the employee’s conduct is such as to justify his dismissal without notice, e.g.:
• Gross misconduct by the employee in the course of his duties,
• Commission by the employee in the course of his duties of a criminal offence without
the agreement, expressed or implied, of his employer,
• Immoral behaviour by the employee in the course of his duties and
• Serious or repeated contravention or disregard by the employee of work or other
rules in relation to his employment.
Where the employer does not exercise his right to dismissal without notice within
reasonable time, the termination of employment is deemed to be unjustied.
Employer’s obligation to notify the employee in the event of transfer
An employer envisaging any act or action that will result in the transfer or posting of the
employee to another employer, whether permanently or temporarily, has to notify the
employee in writing, and as timely as possible, of his intentions, even where the transfer
or posting will not result in a change of duties or place of work.
Employee’s obligation to give notice to the employer
An employee who intends to terminate his employment, has to give a minimum period of
notice to his employer, depending on his duration of employment, as follows:
Period of continuous employment Minimum period of notice
6 to 51 weeks one week
5 to 5 weeks two weeks
60 weeks or more three weeks
The right of an employer to a longer period of notice, if he is so entitled by custom,
collective agreement, contract or otherwise, is not affected by the Termination of
Employment Law.
Employee’s right to compensation for unlawful dismissal
An employee, whose employment is terminated unlawfully after he has completed
6 weeks of continuous employment with an employer, is entitled to compensation.
Compensation is also payable in the case of an employee who terminates his employment
because of his employer’s conduct.
No compensation is payable in the case of any employee, who, before the termination
of his employment, has attained the pensionable age (65).
The amount of compensation is decided by the Labour Disputes Court after an application
by the employee, but in no case it can be less than the amount of redundancy payment,
to which the employee would be entitled, had he been declared redundant, or higher than
two years wages. In assessing the amount of compensation, the Court gives consideration,
inter alia, to the emoluments of the employee, the length of his service, the loss of his
career prospects, his age and the circumstances of his dismissal.
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The amount of compensation up to the wages of one year is payable by the employer
and any amount in excess of such wages is payable out of the Redundancy Fund.
Dismissal not giving right to compensation
An employee is not entitled to compensation, if his employment has been terminated for
any of the following reasons:
• Where the employee has become redundant.
• Where the termination is due to force majeure, war operations, political rising, act of
God, or destruction of the plant by re not caused by the willful act or negligence of
the employer.
• Where the employment is terminated at the end of xed term contract or because
of the attainment by the employee of the normal retirement age by virtue of custom,
law, collective agreement, work rules or otherwise.
• Where the dismissal is due to the employee’s own fault. The termination of employment
is deemed to be due to the employee’s own fault, if he fails to carry out his work in
a reasonably efcient manner or conducts himself in manner that renders him liable
to dismissal without notice (see under ‘Employer’s obligation to give notice’ above).
It is pointed out that the following can in no case constitute a valid reason for dismissal
and dismissal for such reason renders the employer liable to compensation:
• Union membership or participation in union activities outside the working hours or,
with the consent of the employer, within working hours, or participation in a safety
committee under the Safety and Health at Work Laws.
• Seeking office as, or acting or having acted in the capacity of a workers’
representative.
• Filing of a complaint or participation in proceedings against the employer involving
violation of laws or regulations, or appealing to an administrative authority.
• Race, colour, marital status, religion, political opinion, ethnic extraction or social
origin.
• Pregnancy or maternity.
• Parental leave or leave for force majeure.
Power of the Labour Disputes Court to order re-instatement of an employee
Where the termination of the employment of an employee who has worked for an employer
employing 1 or more employees, is considered unlawful and as an act of bad faith, the
Labour Disputes Court, may, following an application by the employee concerned and
if it thinks t considering the circumstances of the case, order the re-instatement of
that employee, as well as the payment of damages for the actual loss suffered by the
employee. The amount of damages cannot exceed the wages of 1 months.
Right of employee to redundancy payment out of the Redundancy Fund
Where the employment of an employee, who has been employed for 104 or more weeks
by the same employer, is terminated because of redundancy before the attainment by
the employee of the pensionable age, the employee is entitled to a redundancy payment
out of the Redundancy Fund.
It is noted that in the case of a port worker, employment by more than one employers is
deemed to be employment with the same employer.
It is also pointed out that seasonal employment with the same employer for at least 15
weeks on average over the period of such employment, is deemed to be continuous.
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When an employee is redundant
An employee is redundant when his employment is terminated for any of the following
reasons:
• Because the employer has ceased or intends to cease to carry on the business in
which the employee was employed.
• Because the employer ceases or intends to cease to carry on business in the place
in which the employee was employed.
• Because of any of the following other reasons concerned with the operation of the
business:
(a) Modernization, mechanization, or any other change in the methods of production
or organization, which reduces the number of employees necessary
(b) Changes in products or production methods or in the skills needed on the part
of the employees.
(c) Closing of departments.
(d) Marketing or credit difculties.
(e) Lack of orders or raw materials.
(f) Scarcity of means of production.
(g) Contraction of the volume of work or business.
Dismissal not giving right to redundancy payment
An employee is not entitled to redundancy payment, even if he has been declared
redundant, where,
• The employer, before terminating the employment, makes an offer of suitable
alternative employment and the employee unreasonably refuses this offer.
• the employment has been terminated as a result of the transfer of the business to
another employer, who has renewed the contract of employment.
• the employer is a registered company under the Companies Law and the employee
is transferred to a suitable post in another company associated with the former
company. Two companies are treated as associated companies, if one of them is
a subsidiary of the other or, if both of them are subsidiaries of a third company. The
term ‘subsidiary’ has the meaning assigned to it by section 148 of the Companies Law
(Cap.113 as amended).
• before the termination of employment another employer, who is company in which the
employer is the main shareholder or exercises substantial control, offers the employee
suitable employment.
Amount of redundancy payment
The amount of redundancy payment is calculated taking into account the period of the
employee’s continuous service and his nal wages, as follows:
Period of continuous employment Amount of redundancy payment
Up to 4 years weeks wages for each year of
continuous employment
More than 4 and up to 10 years ,5 weeks wages for each period of
continuous employment
More than 10 and up to 15 years 3 weeks wages for each year of
continuous employment
More than 15 and up to 0 years 3,5 weeks wages for each year of
continuous employment
More than 0 and up to 5 years 4 weeks wages for each year of
continuous employment
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Where the claimant is a shareholder of a private company and is employed by this
company otherwise than under a contract of employment or under such circumstances
from which an employer employee relationship may be derived, the redundancy payment
is equal to one percent (1%) of his weekly wage multiplied by 5 and by the number of
years of employment.
Where the total period of employment exceeds a number of complete years, any fraction
of the year of 6 weeks or more is deemed to be a complete year.
Where the redundant employee has attained the age of 64 years, the redundancy
payment is reduced by 1/1 for each completed month by which the age of the employee
exceeds 64 years.
Right to redundancy payment from the employer and out of the Redundancy Fund
Where the employee is entitled at the same time to redundancy payment both out of
the Redundancy Fund and from his employer by custom, law, collective agreement or
contract, the employee receives the amount payable out of the Redundancy Fund and
from his employer any amount by which the payment due by him exceeds the payment
out of the Fund.
It is claried that payment out of the Redundancy Fund is not considered as payment
by the employer.
Calculation of the period of employment
The period of employment is calculated in weeks. The following weeks count in computing
the period of employment:
• A week in which the employee has worked 18 hours or more.
• A week in which the employee was-
(a) unable to work because of sickness, injury or pregnancy,
(b) absent from work because of temporary cessation of work,
(c) Absent from work in circumstances such as, by arrangement, custom or law, the
employer - employee relationship is considered by the Labour Disputes Court
continued.
(d) Absent from because of parental leave.
For the purposes of calculating the period of employment of seasonal workers only weeks
of actual work are taken into account.
As a general rule only periods of employment with the employer who terminates the
employee’s employment are taken into account. However, when the business is transferred
from one employer to another or where the employee is transferred from one company
to another associated company, or to a company essentially controlled by the same
persons as the transferor company, account is taken of the employee’s employment
with all such employers.
An exception to the above mentioned general rule are the cases covered by the special
provisions enacted for the purpose of better protection of the employees, who had lost their
jobs as a result of the circumstances created by the Turkish invasion. According to these
special provisions and under certain conditions, for the purposes of redundancy payment
account is taken of the period from 15 July 174 to 3 October 176, as well as of the period
of the employee’s service with the employer by whom he was employed on 14 July 174.
In no case account is taken of any period of employment before 1 January 164.
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Continuity of employment
The period of employment taken into account in calculating payment must not only be
employment with the same employer, but it must also be continuous. The continuity of
employment is deemed not to have been broken by any of the following:
• Absence from work due to service in the National Guard
• Absence from work due to a trade dispute.
• Absence from work because of temporary cessation of work.
• Absence from work because of sickness, injury, maternity or disease.
• Change of employer because of transfer of a business or part of a business from
one employer to another.
• Absence from work on leave with or without pay.
• Absence from work due to force majeure, act of war, political rising or act of God.
• Absence from work because of employment abroad in a business belonging wholly
or mainly to the same employer.
• Absence from work in circumstances such as by arrangement, custom or law the
employer-employee relationship is considered by the Labour Disputes Court to
continue.
• Absence from work due to parental leave.
Wages taken into account in calculating payment
For the purposes of calculating the amount of payment where the employee works for a
xed wage, account is taken of his last wage before the termination of his employment.
Where the employee does not work for a xed wage, but is paid by another method e.g.
commissions or on the basis of the amount of his work, then account is taken of his
average earnings during the last 1 weeks before the termination of his employment.
For the purposes of redundancy payment, the part of wages in excess of four times the
amount of the basic insurable earnings, as xed under the Social Insurance Law, is not
taken into account.
Redundancy Fund
All redundancy payments are made out of the Redundancy Fund.
The Redundancy Fund is nanced solely by contributions from employers. The amount
of contribution is 1,% of the employee’s earnings, subject to a ceiling xed every
year. For 008 this ceiling was xed at €3.836 per month. ‘Earnings’ includes the basic
salary/wage, the cost of living allowance, commissions, 13th or 14th month’s salary, 53rd
to 56
th
week’s wages, overtime compensation, shift allowances, service charge, the
employer’s contributions to the Annual Leave with Pay Fund and to the trade unions
holidays funds.
For the purposes of calculating contributions account is taken of the gross earnings, that
are before any deduction for taxes, contributions or other purpose.
The employers’ contributions to the Redundancy Fund are paid together with the Social
Insurance contributions.
How to claim compensation from the employer
For the purposes of compensation for unlawful dismissal, the employee must submit an
application on the prescribed form to the Labour Disputes Court, within 1 months at the
latest from the date of dismissal or within months from the date of receipt of the notice
of rejection of his claim by the Redundancy Fund.
0
How to claim redundancy payment
In order to receive payment out of the Redundancy Fund, the employee must make a
claim on the prescribed form, which he can obtain from the nearest Social Insurance
Ofce, Citizen’s Service Centre or through the internet.
The claim must be submitted to the nearest Social Insurance Ofce, within three months
at latest from the date of termination of the employment. However, in exceptional cases,
where the employee shows that he had a good reason for the delay, payment may be
approved provided that the claim is made within 1 months from the date of termination
of his employment.
Manner of payment of redundancy payment
The redundancy payment is made by cheque, mailed to the payee’s address. The cheque
must be cashed within six months from the date of issue. However, in exceptional cases
where the payee shows that he had a good reason for the delay, the said time may be
extended for an additional period of six months. The right to the payment is any case
lost, if the cheque is not cashed within 1 months from the date of issue.
Obligation of employer to notify redundancy.
An employer who intends to declare redundancies, is obliged to give at least one month’s
notice to the Minister of Labour and Social Insurance, informing him of the number
redundant employees, the branch or branches of the business affected, the name,
occupation and family responsibilities of each employee to be affected and the reasons
for the redundancy.
Where an employer, who has declared employees redundant, wishes, within eight months of
the redundancy, to increase again his workforce, he must give priority in engagement to the
employees affected by the redundancy, subject to the operational needs of his business.
Offences in relation to redundancy payment claims.
Any person, who makes a false claim for redundancy payment or produces any false
certicate or provide any false information in relation to such claim, is guilty of an offence
and is liable, on conviction, to a ne not exceeding €770 (£450) or to imprisonment for a
term not exceeding six months or to both such ne and imprisonment.
The above-mentioned penalties apply also in the case of any person who assists another
person to commit the respective offences.
The Labour Disputes Court
The Labour Disputes Court has jurisdiction to decide on disputes arising out of the
application of the Termination of Employment Law. The Court consists of a Chairman,
who is a lawyer, appointed by the Supreme Court Council, and two members representing
the organizations of the employers and of the employees, respectively. The members
are nominated in each case by the Chairman of the Court, from a panel prepared by
the Minister of Labour and Social Insurance, after consultation with the employers’ and
employees’ organizations.
Competent Authority for implementing the Law: Social Insurance Services
July 2008
2.2 COLLECTIVE REDUNDANCIES
The Collective Redundancies Law entered into force on March 001. Its purpose is to
protect employees in the event of ‘collective redundancies.’
1
Scope of the Law
The Law applies to ‘collective redundancies’, as dened below. It does not apply in case of
voluntary termination of employment or dismissal on the expiry of a xed term contract.
Collective redundancies to which the Law applies
The criteria required to be satisfied in order to treat a redundancy as ‘collective
redundancy’, are the following:
• The dismissal must have occurred at the initiative of the employer.
• The reason for the dismissal (there may be one or more reasons) must not be
attributed to the individual employee concerned. For example, dismissals for economic
or technical reasons satisfy the criteria, because they are not related to the individual
employee affected, while dismissals due to violation of rules of work on the part of
the employee or commission by him of an offence, do not satisfy the criteria.
• The number of dismissals over a period of 30 days must be:
- At least 10 in the case of an establishment normally employing 1 to employees.
In accordance with the Law, if the number of dismissals is at least ve, account is
also taken of any other dismissal occurring for any reason. Consequently, where a
business normally employs 1 to individuals, the Law applies, if another ve or
more contracts of employment are terminated, provided that at least ve individuals
have been collectively dismissed, as dened above.
- Where an establishment normally employs 100 to persons, the dismissals must
be at least 10% of the number of individuals normally employed.
- Where a business normally employs 300 or more persons, the number of dismissals
must not be less than 30.
In summary, the Law is applicable, where the minimum number of dismissals, in relation
to the total number of persons employed by an establishment, is as shown in the table
below.
Number of employees Number of dismissals
(a) 0 or less The Law does not apply
(b) 1 to 10 or more dismissals (if collective redundancies
not less than ve, account is also taken of
any termination of contracts of employment
occurring for any reason)
(c) 100 to Dismissals not less than 10% of the number
of employees
(d) 300 or more Not less than 30
The Law does not apply to:
- Any establishment employing 0 or less individuals (as shown in the above table).
- Collective redundancies under xed term contracts of employment or for specic works,
unless such redundancies take place prior to the date of expiry of the contracts, or
before completion of such works.
- The crew of sea going vessels.
- Persons employed in the Public Service, by semi-government organizations, local
authorities and public law legal entities.
Information and consultation
When the employer is contemplating a collective redundancy, he must proceed
with consultations with the employees’ representatives with a view to reaching an
agreement.
The consultations should, at least, cover the following:
(a) Ways and means of avoiding collective redundancies or reducing the number
of employees to be affected and of mitigating the consequences of collective
redundancies (by recourse to social measures aimed, inter alia, at redeploying or
retraining the employees made redundant).
(b) In addition, the employer must supply, in good time, the employees’ representatives
with all relevant information in order to enable them to make proposals during
the consultations. The employer has to give in writing, inter alia, the following
information:
• The reasons for the planned redundancies.
• The number and the categories of employees to be made redundant.
• The number and the categories of employees normally employed by him.
• The period over which the redundancies are to be effected.
• The criteria to be used for selecting the employees to be made redundant (which
by law or practice are the prerogative of the employer).
• The method of calculating any redundancy payments, other than that provided
for by the Termination of Employment Law of 167-14.
Notication to the Minister
The employer must supply the Minister of Labour and Social Insurance with a copy of the
above-mentioned information (the method of calculating any payments may be omitted).
In addition, he has to inform in writing, the soonest possible, the Ministry of Labour and
Social Insurance of any contemplated collective redundancy providing also all relevant
information, and of the consultations with the employees’ representatives (as the Law
provides), and in particular:
• The reasons for the planned redundancy.
• The number of employees to be affected.
• The number of employees normally employed by the employer.
• The period over which the redundancies are to be effected.
Copy of the notication must also be forwarded by the employer to the employees’
representatives, who may submit their comments to the Minister of Labour and Social
Insurance.
The aforesaid obligations apply irrespective of whether the decision for the collective
redundancy is taken at the initiative of the employer or by an undertaking controlling the
employer. It is noted that failure of the undertaking, which has taken the decision for the
collective redundancy, to duly inform the employer, does not constitute a defense on
the part of the employer.
Date from which redundancies take effect
Planned collective redundancies take effect not earlier than 30 days after the notication
of such redundancies to the Minister of Labour and Social Insurance. In addition, the
provisions governing rights to notice in case of termination of employment must be
observed. The Ministry of Labour and Social Insurance uses the 30 days period to seek
solutions to the problems arising out of the redundancies. The period of 30 days does not
apply where the collective redundancy is due to the termination of the establishment’s
activities as a result of a judicial decision.
3
Sanctions for violation of the Law
All information required to be provided under the Law must be treated as condential. Any
one who violates the provisions of the Law governing condentiality is liable, on conviction,
to a ne not exceeding €1.708 (£1.000). In addition, any one who violates the provisions
of the Law governing provision of information, consultation and notication (e.g. failure
to inform the employees’ representatives, or to provide the required information etc.), is
guilty of an offense and is liable, on conviction, to a ne not exceeding €1.708 (£1.000).
Where the collective redundancies take effect before the lapse of the period of 30 days,
the employer concerned, is liable, on conviction, to a ne not exceeding €3.417 (£000).
Compensations for dismissal
The right of the employee to compensation under the provisions of the Termination of
Employment Law, is not affected by the provisions of the Collective Redundancies Law.
Competent Authority for implementing the Law: Department of Labour Relations
July 2008
2.3 MAINTENANCE AND SAFEGUARDING OF THE EMPLOYEES’ RIGHTS IN THE
EVENT OF TRANSFER OF UNDERTAKINGS, BUSINESSES, OR PARTS THEREOF.
The Law
The Maintenance and Safeguarding of the Employees’ Rights in the Event of Transfer
of Undertakings, Businesses, or Parts Thereof, Laws of 000 (principal Law) and 003
(amendment Law), came into operation on 7.7.000 and .5.003, respectively. In this
Guide they are both presented and cited together as ‘the Law’.
Scope
The Law applies to the transfer of businesses, undertakings or parts of businesses or
undertakings from one employer to another, as a result of a legal transfer or merger. The
Law applies to public and private undertakings engaged in economic activities, whether
or not they are operating for prot.
The Law does not apply in cases of:
• Administrative reorganization of public administrative authorities.
• Transfer of administrative functions between public administrative authorities.
• Seagoing vessels.
Basic denitions
‘Transferee’ means any natural or legal person who, by reason of a transfer, becomes
the employer in respect of the business, undertaking, or part of the business or
undertaking.
‘Representatives of Employees’ means the representatives of employees provided for
by law or practice.
‘Transferor’ means any natural or legal person who, by reason of a transfer, ceases
to be the employer in respect of the business, undertaking, or part of the business or
undertaking.
‘Employee’ means any person who works for another person (natural or legal) either under
a contract of service or apprenticeship or in circumstances such as the existence of an
employer-employee relationship may be derived.
4
Maintenance and safeguarding the rights of employees
The rights and obligations of the transferor arising from a contract of employment or
an employment relationship existing on the date of a transfer, are by reason of such
transfer, transferred to the transferee. Following the transfer, the transferee must continue
to observe the terms and conditions agreed in any collective agreement, to the extent
applicable to the transferor, until the date of termination or expiry of the collective
agreement or the entry into force or application of another collective agreement, subject
to a minimum period for observing such terms and conditions of one year.
The above obligation does not apply in relation to the rights of employees to old age,
invalidity and survivors’ benets under supplementary occupational or inter-occupational
schemes (with the exception of rights under the Social Insurance Law). However,
employees no longer employed in the transferor’s business at the time of the transfer,
maintain their acquired or prospective entitlement to old age or invalidity benets, including
survivors’ benets, under occupational or inter-occupational pension schemes.
Dismissals and termination of the contract of employment
The transfer of a business or undertaking or part of a business or undertaking does not in
itself constitute grounds for dismissal, by the transferor or the transferee. This, however,
does not prevent dismissals that may take place for economic, technical or organizational
reasons, entailing changes in the workforce. In essence, lawful dismissals may arise, if the
conditions created by the transfer result in redundancies within the meaning of section
18 (c) of the Termination of Employment Law.
If the contract of employment or the employment relationship is terminated by reason of
the transfer involving a substantial change in the terms and conditions of employment to
the detriment of the employee, the employer is regarded as having been responsible for
the termination of the contract of employment or the employment relationship.
Bankruptcy, liquidation or other insolvency proceedings
In case of bankruptcy, liquidation or other insolvency proceedings, which have been
instituted with a view to liquidating the assets of the transferor under the supervision of
a competent legal authority, the relevant provisions of the Law for the maintenance and
safeguarding the employees’ rights do not apply.
Employees’ representation
Where at the time of the transfer, the business or undertaking or part of the business
or undertaking, preserves its autonomy, the status, representation and functions of the
representatives of the employees affected by the transfer are preserved on the same
terms and subject to the same conditions, as existed before the date of the transfer,
by virtue of law, regulation, administrative provision, collective agreement or practice.
This, however, does not apply, when, according to existing law, regulation, administrative
provision, collective agreement or practice, or following an agreement with the employees’
representatives, the conditions necessary for the appointment of such representatives or
for the constitution of the representation, are fullled.
When the business, undertaking or the part of the business or undertaking does not
preserve its autonomy, the transferor and the transferee take the necessary measures
to ensure that the employees, who are represented before the transfer, continue to be
properly represented during the period necessary for the reconstitution or appointment of
5
the representation of the employees, in accordance with the law or practice. If the term
of ofce of the representatives of the employees affected by the transfer expires as a
result of the transfer, the representatives continue to enjoy the protection provided by the
laws, regulations, administrative provisions, collective agreements or practice.
Information and consultation
The transferor, in good time prior to the transfer and the transferee in good time, and in
any event before the employees are directly affected by the transfer as regards their
conditions of work, are required to give the following information to the employees affected,
or to their representatives:
• The date or proposed date of the transfer.
• The reasons for the transfer.
• The legal, economic and social implications of the transfer for the employees, and
• The measures envisaged in relation to the employees.
The obligation for information applies irrespective of whether the decision resulting in the
transfer is taken by the employer or an undertaking controlling him. Moreover, in considering
alleged breaches of the information and consultation requirements provided for by the
Law, the argument that the breach occurred because the information was not provided
by an undertaking controlling the employer, is not acceptable as an excuse.
When the transferor or the transferee envisages measures in relation to the change of
the status of work of the employees, he is required to initiate consultations on appropriate
measures, in good time before the transfer, with the employees or their representatives
with a view to reaching an agreement. The information and consultation must at least
cover the envisaged measures in relation to the employees and must be given and take
place, respectively, in good time before the transfer is effected.
Competent court and sanctions
The competent court for resolving disputes (of civil nature) arising out of the operation of
the Law is the Labour Disputes Court. An employer who abuses the insolvency proceedings
with a view to depriving the employees of their rights, is guilty of an offence and is liable,
on conviction, to a ne not exceeding €1.708 (£1.000), without prejudice to the rights of
every affected employee to compensation.
An employer who violates the provisions relating to information and consultation is guilty
of an offence and is liable, on conviction, to a ne not exceeding €854 £500).
Redundancy payment
Where the employment relationship is terminated because of the transfer of the business,
whether by the transferor or the transferee, for reasons other than economic, technical or
organizational, involving changes in the level of the workforce, dismissal is unlawful and
the employee is entitled to compensation calculated on the basis of the years of service
and the terms of employment applicable to the business of the transferor, subject to the
provisions of the Termination of Employment Law of 167-14.
Dismissal as a result of the transfer, taking place before the transfer, is considered as
dismissal by reason of the transfer. Where the employer terminates the employment
relationship for economic, technical or organizational reasons, before or after the transfer
of the business, the employee is entitled to redundancy payment in accordance with the
provisions of the Termination of Employment Law of 167-14.
Competent Authority for implementing the Law: Department of Labour Relations.
July 2008
6
7
03.
TERMS
OF EMPLOYMENT
8
3. TERMS OF EMPLOYMENT
3.1 THE ORGANISATION OF WORKING TIME
The Organisation of Working Time Laws of 00 and 007, consist of the principal Law,
which came into force on 1 January 003 and the amendment Law, governing the powers
and duties of Inspectors, which came into force on 16 February 007. This Law lays
down minimum safety and health requirements for the organisation the working time of
workers. It applies to all businesses, undertakings and activities, both private and public,
except in relation to:
• Members of the Armed Forces.
• Members of the Police Force.
• Seamen covered by the Merchant Shipping Law, 003.
Certain derogations or exceptions from specic provisions of the Law are allowed for
prescribed activities and cases.
Main provisions
The Law provides, inter alia, for:
• The minimum daily and weekly rest periods.
• The annual leave.
• The rest break time.
• The maximum weekly working time.
• The length of night work.
• Shift work.
• The work pace.
The provisions of the Law lay down the minimum rights of workers in relation to the
organization of their working time and in no case do they affect more favourable conditions
of employment provided for by law, collective agreement or otherwise.
Daily and weekly rest
Every worker is entitled to a daily rest period of at least 11 consecutive hours per 4-
hour period.
Every worker is entitled to a minimum weekly rest period of 4 hours. If the employer so
decides, the worker may, for a period of 14 days, have:
• Two separate rest periods of 4 hours each; or
• One rest period of 48 consecutive hours.
Annual leave
Every worker is entitled to a paid annual leave of at least four weeks, that is 0 working
days for a ve-day working week and 4 working days for a six-day working week. Payment
in lieu of leave is allowed only in case of termination of the employment relationship.
Rest breaks
When the working day is longer than six hours, the worker is entitled to a rest break of 15
consecutive minutes. During the break the worker may leave his work-station. The rest
period may not be granted at the beginning or the end of the working day.
Maximum weekly working time
Except where more favourable provisions apply for the workers, the period of weekly
working time cannot exceed 48 hours on average, including overtime. The average weekly
working time is calculated over every period of four months. In calculating such average,
periods of paid annual leave and of sick leave are disregarded. Where the employer requires
the worker to work longer than 48 hours, this may be done only by prior mutual agreement.
The worker has the right to refuse, without any detriment to his employment.
Where, with the worker’s consent, the work exceeds the maximum weekly working time
(48 hours), the employer has to:
• Keep a record of the names of all workers working longer than 48 hours, and
• Make this record available to the Ministry of Labour and Social Insurance, together
with the workers’ particulars, including their consent to perform work exceeding the
maximum of 48 hours.
The Minister may restrict or prohibit the possibility of exceeding the maximum weekly
working hours for reasons of safety and health of the workers.
Night work
‘Night- time’ means the period from 11.00 pm to 6.a.m. ‘Night- worker’ means:
• Any worker who normally works at least three hours during night time or
• Any worker who is likely to work at least 76 hours of his annual working time during
night- time or shorter hours, if this is provided for by collective agreement. In calculating
the said number of hours account is taken of the total daily working time of the worker,
regardless of the time of beginning or ending the shift, in so far as it includes at least
three hours of the time from 11.00pm to 6.00am, over a period of seven consecutive
hours of work (of which three during night time).
Length of night work
The length of the worker’s night- work may not exceed on average eight hours in any period
of 4 hours. This average is calculated over a period of one month or such other period,
as may be specied by collective agreement. In calculating the said average no account
is taken of the weekly rest period of 4 consecutive hours, laid down by the Law.
Night-workers whose work involves special hazards or physical or mental strain, should
not work more than eight hours in any period of 4 hours during which they perform
night work.
Night work involving special hazards or physical or mental strain, unless dened by law,
or collective agreement, is determined at the level of the undertaking after consultations
between the employer and the workers’ representatives (or their safety and health
representatives), in accordance with the Law and after a written risk assessment, including
the risks connected with night work.
Safety and health during night work
- An employer who employs night workers regularly, has to notify the fact in writing to
the Ministry of Labour and Social Insurance .
- The employer must take the necessary measures to ensure that night workers and
shift workers have the safety and health protection, which is appropriate to the nature
of their work.
- The employer must see that every night worker before his assignment, and thereafter
at regular intervals, has undergone the necessary medical examinations free of charge,
with a view to ascertaining the worker’s suitability for night work.
Where at a subsequent stage, it is proved that a night worker suffers from health problems
recognized as being connected with the fact that he performs night work, he must be
transferred, whenever possible, to day work to which he is suited.
Derogations
With due regard for the general principles of the safety and health protection of the
workers, the law provides for certain derogations in relation to:
• The rest breaks.
• The daily and weekly rest period.
30
• The maximum weekly working time.
• The length of night work.
The derogations allowed apply to workers, whose, on account of the specic characteristic
of the activity they perform, the duration of the working time is not measured and/or
predetermined or can be determined by the workers themselves, and particularly in the
case of:
• Management executives or other persons with autonomous decision powers.
• Family workers.
• Workers officiating at religious ceremonies in places of worship and religious
communities.
• Doctors under specialization training (special provisions apply).
Subject to the provisions of the legislation in force, derogations from the provisions of
specic sections of the Law may be adopted by means of collective agreement or
agreement between the employer and the representatives of the workers concerned,
provided that the workers are granted equivalent periods of compensatory rest; or, in
exceptional cases in which, for objective reasons, it is not possible to grant such equivalent
to workers in activities and cases prescribed by the law, the workers concerned should
be afforded appropriate protection.
Special provisions
The law includes special provisions and exceptions for mobile workers.
Work pace
The employer is obliged to organize the work in such a pattern as to alleviate monotony
and work at a predetermined work-rate, with due regard to the safety and health of the
workers concerned.
Supervision
The Minister of Labour and Social Insurance has appointed inspectors for supervising
the application of the Law. The 007 Amendment Law lays down the powers and duties
of such inspectors.
Competent court
Jurisdiction over resolving any disputes of civil nature arising out of the application of the
Law, has been assigned to the Labour Disputes Court.
Offences on the part of the employer
An employer who contravenes the Law is guilty of an offence and is liable, on conviction,
to a ne not exceeding €3.417 (£000) or to imprisonment for a term not exceeding one
year or to both such ne and imprisonment.
Competent authority for implementing the Law: Department of Labour Relations
July 2008
3.2 PART-TIME WORK (PROHIBITION OF UNFAVOURABLE TREATMENT)
The Part-time Work (Prohibition of Unfavourable Treatment) Laws of 00 to 007, consist
of the principal Law, which entered into force on 1 January 003, the Amendment Law,
No.1, which governs the powers and duties of Inspectors and came into operation on 16
February 007 and the Amendment Law, No., which governs casual work and came into
operation on 30 May 007. The purpose of the Laws is:
• To eliminate discrimination against part-time workers and to improve the quality of
part-time work.
31
• To facilitate the development of part-time work on a voluntary basis and to contribute
to the exible organization of the working time, in a manner that takes into account
the employers’ and workers’ needs.
Scope
The Law applies to all part-time workers, excluding:
• Part-time workers, who work on a casual basis (as specied below).
• Full-time workers affected by partial unemployment, that is because of collective or
temporary reduction of the normal hours of work for economic, technical or structural
reasons.
Part-time workers
‘Part-time worker’ means an employee, whose normal hours of work, calculated on a
weekly basis, or on average over a period of employment of one year, are less than the
normal hours of work of a comparable full-time worker in the same establishment.
Part-time casual workers
‘Part-time casual worker’ means a part-time worker,
• whose total duration of employment with the same employer does not exceed eight
weeks per calendar year, subject to a maximum period of consecutive employment
in each case not exceeding three weeks, or
• whose total consecutive employment does not exceed ve hours per week.
Comparable full-time worker
‘Comparable full-time worker’ means an employee who,
• is employed in the same establishment as the part-time worker,
• has the same type of employment contract or relationship as the part-time worker,
and
• performs the same or similar duties as the part-time worker, due regard being given
to other considerations such as seniority, qualications and skills.
Where there is no comparable full-time worker in the establishment, the comparison is
made by reference to the collective agreement applicable in each case or, where there is
no applicable collective agreement, in accordance with law, other collective agreements
or practice.
Principle of non-discrimination
The terms and conditions of employment of a part-time worker must not be less favourable
than those for a comparable full-time worker, solely because he works part-time, unless
different treatment is justied on objective grounds. Where appropriate the principle of
pro rata temporis applies.
Principle of pro rata temporis
The principle of pro rata temporis means that, where a comparable full-time worker
receives (or is entitled to receive) wages or any other benet, the part-time worker must
receive (or be entitled to receive) such part of the wages or other benet as is the
proportion of the number of his weekly hours of work to the number of the weekly hours
of work of the comparable full-time worker.
Requirements for access to particular conditions of employment
Where this is justied on objective grounds, the Minister of Labour and Social Insurance
and/or the social partners (employers’ and workers’ organizations) may, where appropriate,
make access of part-time workers to particular conditions of employment subject to a
period of past service, time worked or qualications on the basis of which the worker’s
earnings are determined. These access requirements to particular conditions of employment
should be reviewed periodically, having regard to the principle of non-discrimination.
3
Rights of part-time workers
Every part-time worker is entitled to equivalent terms and conditions of employment and to
equivalent treatment and enjoys the same protection as the one afforded to comparable
full-time workers, particularly as regards:
• Wages and benets.
• Protection under the social security system.
• Maternity protection.
• Paid annual leave and paid public holidays.
• Parental leave.
• Sick leave.
• Termination of employment.
Moreover, every part-time worker, is entitled to the same treatment and enjoys the same
protection as the treatment afforded to the full-time workers, as regards:
• The right to organize, to collective bargaining and to represent workers.
• Safety and health at work
• Protection against unfavourable discrimination in employment and occupation.
Free choice of type of employment
The employer must ensure that when vacant positions are available in the establishment,
the transfer of employees from full-time work or vice versa, is done on a voluntary basis. A
worker’s refusal to transfer from part-time work to full-time work or vice versa, does not in
itself constitute a valid reason for termination of the worker’s employment (without prejudice
to termination of employment in accordance with existing law, collective agreements
and practice, for other reasons that may arise from the operational requirements of the
establishment concerned).
Employer’s obligations
The employer must, to the extent possible, consider the following:
• Requests of employees to transfer from full-time to part-time work or vice versa or
to increase their working time, where this is possible.
• Timely provision of information on the availability of part-time or full-time vacancies
in the establishment.
• Measures to facilitate access to part-time work at all levels of the enterprise, including
skilled and managerial positions.
• Measures to facilitate access of part-time workers to vocational training.
• Provision of appropriate information to the organizations representing workers about
part-time workers in the undertaking.
Part-time work opportunities
The Ministry of Labour and Social Insurance may, following consultations with the
social partners, identify, tackle and, where necessary, eliminate obstacles of a legal or
administrative nature, which may limit the opportunities for part time work.
The social partners, acting through the procedures set out in collective agreements, should
identify, tackle and, where necessary, eliminate obstacles of a legal or administrative
nature, which may limit opportunities for part-time work.
The Law provides that, within three months from the date of its coming into operation,
the Ministry of Labour and Social Insurance should ask the employers’ and employees’
organizations to review, within the time to be xed by him, the existing collective
agreements and to revise and/or adapt them, in a manner such as to eliminate any
provisions, which limit the free choice and/or opportunities for part-time work.
33
Inspectors
The Minister of Labour and Social Insurance has appointed inspectors for better
implementation of the Law. The Amendment Law (No.1) of 007, lays down the powers
and duties of Inspectors.
Competent court and sanctions
The Labour Disputes Court is the competent court for resolving any disputes (of a civil
nature), arising out of the operation of the provisions of the Law. An employer who violates
any provision of the Law, is guilty of an offence and is liable, on conviction, to a ne not
exceeding €3.417 (£.000).
Regulations
The Council of Ministers may make regulations for the better carrying into effect of the
provisions of the Law and/or regulating related matters. The regulations may in particular
prescribe:
• The categories of workers working on a casual basis; and
• The powers and duties of inspectors or other ofcers appointed for the better carrying
into effect of the Law.
Competent authority for implementing the Law: Department of Labour Relations
July 2008
3.3 FIXED-TERM WORK (PROHIBITION OF UNFAVOURABLE TREATMENT)
The Fixed-Term Work (Prohibition of Unfavourable Treatment) Laws of 003 and 007,
consist of the principal Law, which entered into force on 5 July 003 and the Amendment
Law, which lays down the powers and duties of the Inspectors and entered into force on
16 February 007. The purpose of this Law is to:
• Improve the quality of xed-term work;
• Prevent abuse arising out of the use of successive xed-term employment contracts
or relationships.
Scope
The Law applies to all xed-term workers (under an employment contract or relationship),
excluding:
• Initial vocational training relationships and apprenticeship schemes.
• Employment contracts or relationships, which have been concluded within the
framework of a specic public (state) or publicly supported training, integration or
vocational retraining programme.
Fixed-term worker
‘Fixed-term worker’ means a person having a fixed-term employment contract or
relationship, concluded directly between the employer and the worker, where the end of
the employment contract or relationship is determined by objective conditions, such as
reaching a specic date, completing a specic task or occurrence of a specic event.
Comparable permanent worker
‘Comparable permanent worker’ means a worker with an employment contract or
relationship of indenite duration in the same establishment or undertaking, engaged in
the same or similar work/occupation, due regard being given to qualications and skills.
Where there is no comparable permanent worker in the establishment or undertaking, the
comparison is made by reference to the applicable collective agreement in each case
or where there is no applicable collective agreement, in accordance with law or other
collective agreement or practice.
34
Principles of non-discrimination and pro rata temporis
In respect of the terms and conditions of employment, a xed-term worker must not be
treated in a less favourable manner than a comparable permanent worker, solely because
he is a xed-term worker, unless different treatment is justied on objective grounds.
Where appropriate, the principle of pro rata temporis should apply. This principle means
that, where a comparable permanent worker is employed under particular terms and
conditions of employment, the xed-term contract worker must be employed under the
same terms and conditions of employment, in proportion to his working time.
Where in relation to particular terms and conditions of employment a period of past service
qualication is required, this period must be the same for xed-term contract employees as
for comparable permanent workers, except where different length of service qualication
is justied on objective grounds.
Measures to prevent abuse
Where an employer employs a xed-term worker, whether following a renewal of the
xed-term contract or otherwise, and that worker had previously been employed for a
total period of 30 or more months under a xed-term contract of employment (regardless
of the series of successive xed-term contracts of employment), the contract is regarded
for all intents and purposes as a contract of an indenite duration.
It is pointed out that:
• Any period of employment before 5 July 003 (when the basic law entered into
force) is not taken into account for calculating the 30 month period and
• Any provision set out in the xed-term contract of employment limiting its duration,
does not apply, except where the employer shows that the xed-term employment
of the worker is justied on objective grounds.
(Note: In accordance with the Termination of Employment Law, the Labour Disputes Court
may decide whether or not a xed-term contract of employment, or a series of such
contracts, of a duration of less than 30 months, has been converted into a contract of
an indenite duration).
Objective grounds exist in particular, when:
• The needs of the business for carrying out a specic task are temporary.
• The worker replaces another worker.
• The particularity of the specic task justies the xed-term employment contract.
• The worker is on probation.
• The xed-term work is performed in execution of a Court’s decision.
• The xed-term employment is in relation to contracts of ve-year service volunteers
and volunteer non-commissioned ofcers in the Armed Forces of the Republic of
Cyprus.
Information on employment opportunities
The employer must provide information to the xed-term workers about vacancies, which
become available in the establishment or undertaking, with a view to ensuring that such
workers have the same opportunities to secure permanent positions as other workers.
Moreover, the employer should, as far as possible, facilitate access of xed-term contract
workers to appropriate training opportunities to upgrade their skills, career development
and/or occupational mobility.
Information and consultation
Fixed-term workers must be taken into account in calculating the threshold above which
workers’ representative bodies in the establishment or undertaking may be constituted,
as provided for in the applicable law, collective agreements and practice, with due regard
to the principle of non-discrimination as required by the law.
35
Competent court and sanctions
The competent court for the settlement of any dispute (of a civil nature), which arises from
the application of the provisions of the Law, is the Labour Disputes Court. An employer
who violates the provisions of the Law, is guilty of an offence and is liable, on conviction,
to a ne not exceeding €3.417 (£.000).
Inspections
The Minister of Labour and Social Insurance has appointed Inspectors for the better
carrying into effect of the Law. The Amendment Law of 007 lays down the powers
and duties of Inspectors. The Council of Ministers may make Regulations for the better
carrying into effect the provisions of the Law.
More favourable provisions
The provisions of the Law do not prejudice the application of more favourable provisions
set out in collective agreements concluded between the employer and the workers or
their representatives.
Competent authority for implementing the Law: Department of Labour Relations
July 2008
3.4 PROVISION OF INFORMATION TO THE EMPLOYEE BY THE EMPLOYER ON
THE CONDITIONS APPLICABLE TO THE EMPLOYMENT CONTRACT OR
RELATIONSHIP
The Provision of Information to the Employee by the Employer on the Conditions Applicable
to the Employment Contract or Relationship Laws of 000 and 007 consist of the principal
Law, which entered into force on 7 July 000 and the Amendment Law, which governs
the powers and duties of Inspectors and entered into force on 16 February 007. The
Law requires the employer to notify the employee in writing, of the essential conditions
of the employment contract or relationship and lays down the minimum content of such
information.
Scope
The Law applies to every employee having an employment contract or relationship (in
the private, the public or the semi-government sector).
Exceptions
The Law does not apply to certain categories of employees-
• whose total duration of employment does not exceed one month or eight hours per
week; or
• whose employment is of casual and/or specic nature, provided that non-application
of the Law is justied on objective grounds.
Content of written information
The employer is obliged to inform the employee in writing about the conditions of
employment. Such written information should at least cover the following:
• The identication particulars of the employer and the employee.
• The place of work of the employee and the registered place of the business or the
employer’s home address.
• The title or specic job, grade and category of the work of the employee, as well as
the object of his work.
• The date of commencement of the employment contract or relationship and its
expected duration, in the case of xed-term work.
• Reference to any collective agreement applicable to the terms and/or conditions of
the employees’ employment.
36
In addition, the following information, for which written reference may be made to the
respective law or collective agreement, if any, should be given:
• The length of the period of paid annual leave to which the employee is entitled and
the manner and time of granting such leave.
• The length of the period of notice to be observed by the employer and the employee
in case of termination of the employment contract or relationship.
• All the components of the employee’s remuneration and the frequency of its
payment.
• The length of the employees’ normal working day or week.
None of the above-mentioned conditions of employment can be less favourable to the
employee concerned than those provided for by the respective legislation.
Forms of written information
Written information may be in the form of:
• A written contract of employment; or
• A letter of engagement; or
• Any other document, signed by the employer and containing at least all the information
referred to above.
Time of providing information
Information about the above-mentioned conditions must be given not later than one month
after the commencement of employment. Where there is a change in the conditions of
employment, the employer must inform the employee in writing, within one month at the
latest, after the date of the change.
The requirement of the one month’s notice does not apply, when the change arises
from a law or other document to which reference was made in the information initially
provided.
Employment relationships in existence before entry into force of the Law
If an employment relationship was in existence-
• for less than ve years before entry into force of the Law, then the information had
to be given within six months after the entry into force of the Law (7 July 000), that
is not later than 7 January 001;
• for more than ve years before entry into force of the Law, the information should
have been given within two months, on request by the employee. If the employer
failed to respond, then the employee should remind him. If, following the reminder, the
employer failed to comply within 15 days, then the employee could, if he so wished,
have recourse to the Industrial Disputes Court.
The reminder procedure is not required in cases of persons:
• Employed abroad;
• With temporary contract or employment relationship;
• Not covered by a collective agreement.
Persons working abroad
The Law applies also in the case of an employee who works abroad under a contract
of employment or employment relationship, concluded in Cyprus or governed by Cypriot
law or practice and is of at least one month’s duration.
37
Information to the employee concerned must be given before his departure and must
include the following additional points:
• The duration of the employment abroad.
• The currency to be used for the payment of the employee’s remuneration.
• All possible benets, in cash or in kind, attendant on the expatriation.
• Any conditions governing the employee’s repatriation.
Monitoring the application of the Law
The Minister of Labour and Social Insurance has appointed Inspectors, responsible for
monitoring the application of the Law. The Amendment Law of 007 lays down the powers
and duties of Inspectors.
Competent court
The competent court for settlement of any dispute arising from the application of the Law
is the Labour Disputes Court. The burden of proof of the fact of informing the employee
about the conditions of his employment contract or relationship, is on the employer.
Sanctions for offenders
An employer who, without good cause, violates the Law, is guilty of an offence and is
liable, on conviction, to a ne not exceeding €854 (£500). The burden of proof of good
cause in failing to inform the employee is on the employer.
Competent authority for implementing the Law: Department of Labour Relations
July 2008
3.5 PROTECTION OF WAGES
The Protection of Wages Law of 007 entered into force on 1 March 007. Its purpose
is to provide for the manner of payment of wages by the employer. For the purposes
of this Law:
• ‘Employees’ representatives’ means the employees’ representatives in accordance
with any law and/or practice.
• ‘Employee’ means a person working for another person, either under a contract of
service or apprenticeship or in circumstances such as the existence of an employer-
employee relationship may be derived, and the term ‘employer’ is construed accordingly
and includes the Government of the Republic of Cyprus.
• ‘Wages’ means any remuneration in money as a result of the employee’s employment
and any gain from such employment capable of being attributed a monetary value
and includes the provident fund contribution, as well as the contribution payable to
the Central Holiday Fund, established under the Holidays with Pay Law, but does not
include occasional commissions and ex-gratia payments.
Main provisions of the Law
Manner of payment of salaries:
Employees’ wages must be paid in cash in a legal tender, that is currency notes or coins
or through a salaries account or by bank cheque or postal draft.
Payment of wages in kind:
(a) Payment of the wages, either wholly or partly, in the form of alcoholic drinks or other
dangerous substances is prohibited.
(b) Payment of part of the wages may be made in kind, where this is customary in the
industry or occupation concerned, provided that:
• Allowances in kind, considering their amount and quality, are appropriate for and
benet the employee and his family.
• The value attributed to them is fair and reasonable.
• In every case the employee’s consent has been obtained.
38
Payment directly to the employee:
The wages must be paid directly to the employee concerned, except where the employee
himself has agreed in writing to the contrary.
Freedom of disposal of wages:
The employer has no right to limit in any manner, whether directly or indirectly, the
employee’s freedom to dispose of his wages, except where and to the extent permitted
by the Law.
Prohibition of coercion to make use of the employer’s stores:
Where the employer operates stores for the sale of goods or services to the employees,
the employees must be free of any coercion to make use of such stores or services.
Place and time of payment of wages:
• The payment of wages, where made in cash, must be made only during working
hours, at or near the workplace, except as may be otherwise provided by another
law, regulation or collective agreement.
• Payment of wages is prohibited in amusement or similar establishments and, where
necessary to prevent abuse, in shops for the retail sale of goods, except in the case
of persons employed in such shops.
Frequency of payment of wages:
• The payment of wages must be made at least every week, except in the case of
monthly paid employees, whose wages must be paid at least monthly.
• In the case of employees, whose wages are xed on a piece-work basis or on a
production basis, the maximum intervals of payment of wages must be, as far as
possible, such as to allow payment at least twice per month, at intervals not exceeding
16 days.
• The frequency of payment referred to above may be modied where a collective
agreement or practice provides otherwise.
Deductions from wages:
Deductions from wages are prohibited, except for:
- Deductions provided for by law or regulation.
- Deductions in accordance with the rules of a pension scheme, provident fund or medical
care fund.
- Deductions by order of the court.
- Deductions for damages in respect of a loss suffered by a business as a result of the
intentional act or gross negligence of the employee concerned.
- Other deductions, subject to the employee’s consent, and provided that the following
conditions are satised:
• Before any deduction from the wages for damages to the employer, consultations must
take place with the employees’ representatives with a view, inter alia, to determining
the amount of damages and the manner of payment of damages; in case there is
no recognized machinery of representation of the employees at the level of the
establishment, consultations must take place with the employee himself.
• Where the above-mentioned consultations do not result in a settlement of the dispute,
the dispute is referred to the Minister of Labour and Social Insurance for mediation
and, if no agreement is reached at the mediation stage, the Ministry refers the dispute
to the Labour Disputes Court.
• Deductions from wages are limited to the extent that allows the employee to maintain
himself and his family.
3
Prohibition of assignment of wages, except for certain cases:
The assignment of wages is prohibited, except where and to the extent that this is provided
for by law or regulation. In no case such assignment may be made to such an extent as
to prevent the maintenance of the employee and his family.
Obligation to keep records:
- The employer is required to keep a record showing the gross and net wages of
every employee and any deduction from his wages, as well as the reasons for such
deduction.
- The above records must be kept by or on account of the employer and be available at
all reasonable time for inspection by an Inspector appointed by the Minister.
Duty to provide information
- Every employer or his representative and every employee of such employer is obliged,
when so required by an Inspector, to furnish him with any information, book, record,
certicate or other document or particular, which the employer, his representative or
his employee, as the case may be, has in his possession and is relevant to the matters
governed by the provisions of the Law.
- The employer, his representatives or his employees, must provide the means required
by an Inspector as being necessary for the entry, inspection, examination, investigation
or exercise of any other power, as the Law provides, in connection with the business
of such employer.
Offences and penalties
An employer who violates the provisions of the Law is guilty of an offence and is liable,
on conviction, to a ne not exceeding €3.417 (£.000) or to imprisonment for a term not
exceeding three months or to both such ne and imprisonment.
Any employer who abuses his right of instituting insolvency proceedings, with a view to
depriving the employee of his rights under the Law, is guilty of an offence and is liable,
on conviction, to a ne not exceeding €5.15 (£3.000) or to imprisonment for a term not
exceeding six months or to both such ne and imprisonment.
Any person who,
• obstructs an Inspector in the exercise of his powers under the Law, or
• refuses to answer or gives a false answer in any investigation under the Law, or
• fails to produce any record, certicate, book or other document or furnish any
information, as required by the Law, or
• prevents or tries to prevent any person from appearing before an Inspector or from
being examined by him,
is guilty of an offence and is liable, on conviction, to a ne not exceeding €3.417 (£.000)
or to imprisonment for a term not exceeding three months or to both such ne and
imprisonment.
Where the above offences are committed by a legal person or corporation, guilty of the
offence is the managing director, chairman, director, secretary and any other such ofcial
of the legal person or corporation, if it is proved that the offence has been committed with
his consent, connivance or tolerance. In such case the offender, is liable, on conviction,
to a ne not exceeding €3.417 (£.000) or to imprisonment for a term not exceeding three
months or to both such ne and imprisonment. The legal person or the corporation is also
guilty of the same offence and is liable to a ne of €3.417 (£.000).
Competent authority for implementing the Law: Department of Labour Relations
July 2008
40
41
04.
EQUALITY
IN EMPLOYMENT
(GENDER AND OTHER)
4
04. EQUALITY IN EMPLOYMENT (GENDER AND OTHER)
4.1 THE MATERNITY PROTECTION LAW (NO. 100 (I)/2007)
The Maternity Protection Law covers pregnant women, women who have recently given
birth and women adopting a child, working as employed persons, by ensuring:
• The right to maternity leave.
• Protection against dismissal and safeguarding seniority and promotion.
• Leave of absence for pre-natal examinations.
• Facilitating breast-feeding/nursing of child
• The safety and health of pregnant women and women who have recently given
birth
• The right to maternity benet.
Maternity leave
An employed pregnant woman is entitled to maternity leave for 18 consecutive weeks, of
which the period of two weeks before the week of connement, the week of connement
and six weeks after the week of connement, that is nine weeks in total, is compulsory for
both the employer and the employed woman. In order to be entitled to maternity leave,
the pregnant woman must produce in time to her employer a medical certicate stating
the expected week of her connement.
Where the connement occurs after the expected week of connement, the period of
leave before the week of connement is extended. If the connement occurs earlier than
the expected week of connement, the remaining maternity leave is taken after the week
of connement, the total period of maternity leave of 18 weeks being thus secured.
An employed woman who has adopted a child under 1 years of age and who has notied
this event to the Department of Social Welfare Services, is entitled to16 weeks maternity
leave, provided that she had informed in writing her employer, at least six weeks in advance,
of her intention to adopt a child and of the date of taking the care of the child.
Protection against dismissal and rights to seniority and promotion
In accordance with the Maternity Protection Law, the employer is prohibited from dismissing
or giving notice of dismissal to an employed woman, from the time she has notied him
of the fact that she is pregnant, by producing to him the relevant medical certicate, or
of her intention to adopt a child, as the case may be. This prohibition is valid for a period
of three months after the expiration of the period of maternity leave. The prohibition does
not apply where:
• The employed woman is guilty of a serious offence or behaves in a manner that
justies the breach of the employment relationship.
• The business concerned has ceased operations or
• The duration of the contract of employment has expired.
Important: The above-mentioned notication should be given to the employer as early
as possible, otherwise the employer may dismiss the pregnant woman without any legal
implications.
In case of dismissal of the employed woman during the period referred to above, the
employer has to justify the dismissal in writing.
In accordance with the Termination of Employment Law, a woman whose employment
is terminated because of pregnancy or maternity, is entitled, under certain conditions, to
compensation payable by her employer.
43
The maternity leave cannot prejudice the seniority of the employed woman, her right to
promotion or her right to the work which she performed before the commencement of
the maternity leave.
Leave of absence for pre-natal examinations
An employed woman is entitled to be absent from work for pre-natal examinations, without
prejudice to her salary, provided that such examinations need be carried out during working
hours. However, she should give advanced notice to her employer and also produce the
relevant medical certicate.
Facilities for nursing
Where an employed woman is breast-feeding or nursing a child, she has the right to be
absent form work for one hour daily, without prejudice to her salary, for a period of nine
months after the date of connement or adoption, as the case may be.
Protection of safety and health at work
For the purposes of protecting the safety and health at work of pregnant women and
women who have recently given birth, the Maternity Protection Law makes reference to
the Maternity Protection (Safety and Health at Work) Regulations (R.A.A. 55/00), made
under the Safety and Health at Work Laws. Under these Regulations:
- Employers are obliged to assess any risks at work to the safety and health of employed
women, women who have recently given birth and breast-feeding women, and take
protection measures. Where the nature of the work involves any unavoidable risks,
the employed woman must be transferred to another job. Where no alternative job is
available, the employed woman is entitled to be absent from work as long as necessary,
without prejudice to her remuneration. The above-mentioned obligations of the employer
apply also in the case of night-work, subject to the production of a relevant medical
certicate.
- No employer can require a pregnant or breast-feeding employed woman to perform any
duties for which the risk assessment has revealed involvement of a detrimental to safety
and health exposure to specic agents and conditions, such as work involving exposure
of the employed woman to lead, mercury, pesticides and other chemical substances,
work in pressurized chambers, work involving ionizing radiation etc.
More information about the subject of the safety and health at work is provided by the
District Ofces of the Department of Labour Inspection
Maternity allowance and maternity grant under the Social Insurance Law
With respect to pay during the maternity leave period, the Maternity Protection Law makes
reference to the Social Insurance Law. According to this Law, the insured (employed or
self-employed or voluntary insured in the service of a Cypriot employer abroad) woman is
entitled to maternity allowance payable out of the Social Insurance Fund, subject to certain
contribution and other conditions. Maternity allowance is composed of the basic and the
supplementary benet. The weekly rate of the basic benet is equal to 75% of the weekly
average of the basic insurable earnings of the claimant in the previous contribution year.
The weekly amount of the basic benet is increased to 80% if she has one dependant,
to 0% if she has two dependants and to 100% if she has three dependants. The weekly
amount of the supplementary benet is equal to 75% of the weekly average of insurable
earnings of the claimant on her basic insurable earnings.
Payment of the allowance is conditional upon lling and submitting the respective claim
form by the woman concerned, to the nearest Social Insurance District Ofce, not later
than 1 days after the date of commencement of the maternity leave.
44
In accordance with the Social Insurance Law, a woman who has given birth is also entitled
a maternity grant in the form of a lump sum, provided that either she or her husband
satises the relevant contribution conditions. A separate claim must be made for the grant,
not later than 1 months after the date of connement.
More information about the above-mentioned allowance and grant is provided by the
Social Insurance Services.
Offences and penalties
Section of the Maternity Protection Law provides for a ne of €6.834 (£4.000) in case
of conviction for violation of the provisions of the Law.
Useful telephones
General information on the Maternity Protection Law: Department of Labour, Nicosia, Tel:
40080.
Information on Maternity Allowance and Maternity Gran under the Social Insurance Law:
Social Insurance Services, Tel: 40175.
Information on Safety and Health at Work: Department of Labour Inspection: http://www.
mlsi.gov.cy/dli.
District Labour Inspection Ofces: Nicosia, Tel: 8711, Limassol, Tel: 58700, Larnaca,
Tel: 480537 and Pafos, Tel: 68715.
Competent Authorities for implementing the Laws: Departments of Labour, Labour
Relations and Social Insurance Services.
July 2008
4.2 EQUAL TREATMENT IN EMPLOYMENT AND OCCUPATION
The Equal Treatment in Employment and Occupation Law was enacted in March 004 by
the House of Representatives and was published in the Ofcial Gazette of the Republic,
No.388 of 31 March 004. The Law entered into force on 1 May 004, the date of
accession of Cyprus to the European Union.
Purpose of the Law
The purpose of the Law is to lay down the framework for combating discrimination
on the grounds of race or ethnic origin, religion or belief, age or sexual orientation, as
regards employment and occupation, with a view to putting into effect the principle of
equal treatment.
The Principle of equal treatment
The principle of equal treatment means that there should be no direct or indirect
discrimination, harassment or instruction to discriminate against any person on grounds
of race or ethnic origin, religion or belief, age or sexual orientation.
Denition
“Direct discrimination” means that a person is treated less favourably than another.
“Indirect discrimination” means an apparently neutral practice, provision or criterion, which
in reality puts a person in disadvantage compared with other persons, unless that practice,
provision or criterion is justied on objective grounds.
“Harassment” means the unwanted conduct, which is expressed in words or acts with
the purpose or effect of violating the dignity of a person and of creating an intimidating,
hostile, degrading, humiliating or offensive environment.
45
Scope
The Law applies to all persons as regards both the public and private sectors, in relation
to:
• The conditions for access to employment, self-employment or occupation (selection
criteria, recruitment conditions, promotion, dismissal and remuneration).
• Access to all types of vocational guidance and training.
• Working conditions.
• The right of membership in an organization of workers or employers.
Abolition of contrary provisions
As from the date of entry into force of the Law, any provision in any existing law, regulation
or order, which is contrary to the provision of the Equal Treatment in Employment and
Occupation Law, has been abolished to the extent that it involves direct or indirect
discrimination.
Exceptions
- The Law does not apply to differences of treatment based on nationality and is without
prejudice to provisions and conditions relating to entry into and to residence of third
–country nationals and stateless persons in Cyprus.
- A difference in treatment does not constitute discrimination, where, by reason of
the nature of the particular occupational activities concerned or the context in
which they are carried out, a characteristic constitutes an essential and determining
occupational requirement, provided that the objective is legitimate and the requirement
proportional.
- A difference in treatment does not constitute discrimination in the case of occupational
activities within churches and other public or private organizations, the ethos of which is
based on religion or belief, where by reason of the nature of these activities the religion
or belief constitutes an essential occupational requirement.
- A difference in treatment on grounds of age does not constitute discrimination, if it
is objectively and reasonably justied by a legitimate aim, including particularly the
employment, labour market and vocational training policies.
Positive action
A more favourable treatment in employment, even if it is apparently an indirect
discrimination, does not constitute discrimination in the meaning of the Law, if it is aimed
at preventing or compensating for disadvantages linked to racial or ethnic origin, religion
or belief, age or sexual orientation.
Protection against victimization
Any unfavourable treatment or adverse implication for any person, who makes a complaint
against an employer or is involved in proceedings aimed at enforcing the principle of
equal treatment, is prohibited.
Judicial and non-judicial protection
Every person, who considers himself wronged as a result of any violation of the Law,
has the right:
• To pursue his rights before the competent Court and to make use of any appropriate
measures for establishing the violation and the material or moral damages suffered
by him, as well as for countering the allegations of the respondent
• To submit a relevant complaint to the Ombudsman.
(, Diagoras str. HRA House, Nicosia, Tel: -405501, -40558, Fax:-67881).
Representation by Organizations
Workers’ and other organizations, which have a legitimate interest may, subject to the
consent of their members, who have a legitimate right under the Law, to exercise such
rights.
46
Burden of proof
When a plaintiff alleging that he has been wronged as a result of a violation of the Law,
produces evidence of the actual circumstances from which the violation is presumed, the
Court will require the respondent to prove that there was no such violation.
Offences and penalties
Any person who violates the provisions of the Law is guilty of an offence and is liable, on
conviction, to a ne or imprisonment or to both the ne and the imprisonment.
Competent Authority for implementing the Law: Department of Labour
July 2008
4.3 EQUALITY OF TREATMENT OF MEN AND WOMEN IN EMPLOYMENT AND
VOCATIONAL TRAINING
The Equal Treatment of Men and Women in Employment and Vocational Training Laws
(Laws No. 05(I)/00, 11(I)/003 and 40(I)/006)
Purpose of the Law
The purpose of the above-mentioned Law is to put into effect the application of the
principle of equal treatment of men and women as regards access to vocational guidance,
vocational education and training, and the terms and conditions in which they are carried
out, access to employment, the terms and conditions of employment, including career
development and the terms and conditions of dismissal.
Men and women to enjoy equal treatment in employment and vocational training
The Law applies inter alia, to:
• The terms of access to employment, e.g. equality in recruitment.
• Access to all types and to all levels of vocational guidance, vocational education,
training and retraining.
• The working conditions, the remuneration and the other terms of employment.
• The terms of termination of employment e.g. dismissals
Prohibition of any direct or indirect discrimination on grounds of sex
‘‘Direct discrimination on grounds of sex’’ means unfavourable treatment of a person,
which is directly related to that person’s sex.
“Indirect discrimination on grounds of sex” means any apparently neutral conduct that
puts a person in a less favourable situation than a person of the opposite sex.
Positive actions promoting the application of the Law
Positive actions are measures that involve specic advantages to the persons of one
sex, in compensation for disadvantages in the career development of such persons, with
the aim of ensuring substantial equality of men and women in occupation. Such positive
actions are lawful.
Prohibition of unfavourable treatment of women on grounds of pregnancy, child
birth or maternity
The Law prohibits any unfavourable treatment of women on grounds of pregnancy,
childbirth or maternity. Pertinent to this matter are also the Maternity Protection Laws of
17 to 00, which safeguard the following, for women who are pregnant, have recently
given birth or have adopted a child:
• Right to maternity leave.
• Protection against dismissal.
• Leave of absence for pre-natal examinations.
• Facilities for breastfeeding and/or child care.
47
• Safeguarding the right of promotion.
• Safety and health at work according to the respective Regulations.
Prohibition of harassment, including sexual harassment.
“Harassment” means any unwanted on the part of the person concerned conduct, related
to sex, with the purpose or effect of violating his dignity in employment, vocational
education or training or access to employment, or vocational education or training.
“Sexual harassment“ means any unwanted on the part of the person concerned conduct
of a sexual nature, expressed in words or acts, with the purpose or effect of violating
the dignity of that person in employment, vocational education or training or access to
employment or vocational education or training.
Judicial protection
Every person who considers himself wronged from a violation of the Law, has the right to
pursue his rights before the Court. The competent court is the Labour Disputes Court.
The Court decides on the award of fair and reasonable damages and of pecuniary
compensation for any moral or bodily injury suffered by the claimant as a result of the
violation of the Law by the offender. In every case, legal interest is added to the sum of
damages as from the date of violation and until the date of full settlement of the damages.
In case of dismissal, and on application by the worker concerned, the court may in addition
to the damages referred to above, order the re-engagement of the worker.
Victimization of workers, trainees or candidates
It is null and void any dismissal or detrimental change to the conditions of employment,
in case of any complaint for unequal treatment, harassment or sexual harassment, unless
the employer proves that the dismissal or detrimental change has been made for reasons
unrelated to the complaint.
Equality Inspectors
The Ministry of Labour and Social Insurance has appointed Gender Equality Chief Inspector
and Inspectors. Every person, who considers himself wronged from a violation of the Law,
has the right of protection by the Inspectors and may make a complaint to them.
The main task of the Inspectors is to ensuring the effective application of the Law and
to give information and advice and make suggestions to employers and workers, as well
as to other natural or legal persons and organizations.
Equality Committee
A Gender Equality in Employment and Vocational Training Committee has been set up.
This Committee is responsible for dealing with matters related to the Law, such as to
provide, on request and free of charge, advice to any person on matters related to gender
equality, to submit at its own initiative complaints or receive complaints from persons
concerned and to forward them to the Inspectors.
Ombudsman
Every person who considers himself wronged from a violation of the Law, has the right
of making a complaint to the Ombudsman.
Organizations
Workers’ and other organizations or associations, whose purpose is to protect the human
rights or to promote gender equality, are entitled to exercise the rights laid down by the
Law, on behalf of complainants (subject to their consent) before the Courts, Administrative
Authorities, Inspectors, the Ombudsman and other Authorities.
48
The employers’ and workers’ organizations should engage in a dialogue between them
with a view to promoting equal treatment of men and women.
Employers
Employers should promote equal treatment of men and women at the places of work. For
this purpose, they are encouraged to provide information on the subject to the workers.
Offences and Penalties
Anyone who violates the provisions of the Law is guilty of an offence and is liable, on
conviction, to a ne not exceeding €3.417 (£.000) and/or to imprisonment for a term not
exceeding six months, but for some violations, the ne imposed could reach the sum of
€6.834 (£4.000) and imprisonment up to six months.
Where the offender is a legal person or corporation guilty of the offence is also the
director, chairman or other similar ofcial. Under certain conditions, legal persons are liable
to a ne not exceeding €11.60 (£7.000), in addition to the ne that may be imposed to
their representatives.
Excepted activities
Certain occupational activities in the case of which sex constitutes an important
requirement, are excepted from certain provisions of the Law (e.g. actor, prison warden)
In such cases, it is legitimate for example, to recruit a person of the sex required by
the job.
Competent Authority for implementing the Law: Department of Labour
July 2008
4.4 PARENTAL LEAVE AND LEAVE ON GROUNDS OF FORCE MAJEURE
The Parental Leave and Leave on Grounds of Force Majeure Law consists of the principal
Law of 003 and the Amendment Law of 007, which entered into force on 1 January
003 and 5 July 007, respectively. These Laws govern the right of an employed parent
to leave of absence without pay for the purpose of taking care and nurturing a child. In
addition, the said Law governs the right of the employee to leave on grounds of force
majeure for urgent family reasons.
More favourable conditions than those provided for in the Law may be concluded by
agreement between the employer and the employee or through collective agreements.
4.4.1 PARENTAL LEAVE
Scope
The Law applies to all employees, men and women, who have completed at least six
months of continuous employment with the same employer.
Rights of parents to parental leave
• Every employed parent, man or woman, is entitled to leave without pay for a period
of up to 13 weeks, on grounds of birth or adoption of a child, to enable him/her to
take care of and raise that child.
• This right is individual and non-transferable
• The minimum duration of parental leave to be taken in one year is one week and the
maximum four weeks.
• The right to parental leave is granted separately for each child, provided that between
the expiration of leave previously granted in respect of another child, a period of one
4
year’s employment of the parent with the same employer has elapsed.
• In case of birth of twins or more children, there is a separate right to parental leave
of 13 weeks in respect of each child.
When both parents are employed by the same employer, they may decide, on every
occasion, which of the two will take leave and for how long.
Time and manner of taking parental leave
• In the case of natural parents, parental leave is taken after the end of the maternity
leave and before the sixth birthday of the child.
• In case of adoption, parental leave is taken after the end of the maternity leave and
within six years from the date of adoption of the child, provided that the child has not
attained the age of 1 years.
Notice to employer
The employee must give his/ her employer ve weeks’ advance written notice specifying
the dates of commencement and termination of the parental leave.
Refusal to grant parental leave
The employer may refuse the granting of parental leave, if he has reason to believe that
the employee is not entitled to such leave. However, before such refusal, he should :
• Inform the employee in writing of the employer’s intention not to grant the parental
leave.
• Ask the employee to give, within seven days, the grounds of his/her alleged right to
parental leave.
Before deciding to refuse the granting of parental leave, the employer has to consider
the grounds of the employee’s belief that he/she is entitled to such leave. If he refuses
leave, he must give the reasons.
Postponement of parental leave
The employer may postpone the granting of parental leave after consultation with the
employee concerned, for reasons related to the smooth operation of the undertaking.
For example when:
• The work is of seasonal nature.
• Replacement cannot be found.
• A signicant proportion of the workforce of the undertaking applies for parental leave
at the same time.
• A specic function of the employee is of strategic importance for the undertaking.
Moreover, the employer is obliged, within two weeks after the submission of the application,
to give the employee in writing the reasons for the postponement of the date of granting
the leave. The postponement date cannot be later than six months from the date of
notication of the postponement.
Termination and notication of termination of parental leave
Where the employer has good reasons to believe that the employee uses the parental
leave for a purpose other than the care of his/her child, the employer may terminate
the leave.
The employer, before terminating the parental leave, must inform the employee in writing
and ask him/her to give, within seven days, his/her own reasons and explanations as
to the need of taking parental leave. The employer, before deciding on terminating the
parental leave, must consider the reasons given by the employee. If the employer nally
decides to terminate the parental leave, he is obliged to notify his decision in writing to
the employee. The notication must specify the reasons and the date of termination.
50
The date of termination must be at least seven days later than the date of the relevant
notication, in which case the employee is obliged to return to his/her work. As from the
date of such return, the period parental leave ceases to run.
Obligations and rights of the employee after the end of the parental leave
• The employee is entitled to return to work, in the same or similar job, which in no
case can be inferior to his/her job before the beginning of the parental leave.
• After the end of the parental leave, the rights of the employee, acquired or in the
process of being acquired, including those likely to arise from any changes in law,
collective agreements or practice, are maintained.
• The period of absence on parental leave, is recognized and credited as insurance
period under the Social Insurance Laws of 180 – (No.4) of 001.
• The period of absence on parental leave is deemed to be a period of employment
in calculating the employee’s annual leave with pay. Parental leave does not count
against annual leave.
• The period of absence of the employee on parental leave is deemed to be a period of
employment for the purposes of the Termination of Employment Law of 167 – (No.)
of 001.
Application for credits for the period of parental leave
An employee, who takes parental leave, should within three months from end of each
period of such leave, apply to the Director of Social Insurance Services by completing
the relevant form (available at the Social Insurance District Ofces or the Citizen’s Service
Centres) in order to be credited for the period of the leave. If the employee fails to apply
within the prescribed time, the Director may decide to extend this time, provided that the
employee shows good reason for such failure. The Director may extend the time for as
long as the good reason exists, but in no case beyond twelve months from the end of
the parental leave period.
4.4.2 LEAVE ON GROUNDS OF FORCE MAJEURE
The employee is entitled to seven days leave per year without pay on grounds of force
majeure. These grounds must be related to urgent family reasons in case of sickness
or accident to a dependent member of the employee’s family (child, spouse, sister,
grandfather, grandmother), which makes the employee’s presence indispensable.
Manner of granting leave
The leave may be granted either as a whole in one single period or piecemeal.
Obligations of the employee
The employee must inform as early as possible his employer of his intention to make use
of leave on grounds of force majeure.
4.4.3 GENERAL PROVISIONS AND SANCTIONS
More favourable provisions
More favourable provisions than the provisions of the Law may be applied through
collective agreement or by agreement between the employer and the employee.
Prohibition of termination or interruption of the continuity of employment
Applying for parental leave or leave on grounds of force majeure, in no case constitutes
a valid reason for termination of employment, neither it affects the continuity of
employment.
51
The employer is prohibited from terminating the employment of an employee or to give
him notice of such termination during the period beginning with the date of receipt of the
application for parental leave and ending with the expiration of the period of the leave, or
to give the employee notice of termination of employment ending during the said period or
notice of such termination during the period of absence on grounds of force majeure.
Giving notice of termination of employment does not constitute an offence in the following
cases:
• If the employee is guilty of a serious offence or misconduct, that justies the breach
of the employment relationship
• Where the undertaking concerned ceases to carry on business
• Where a xed-term contract of employment has come to an end.
In case of termination of the employment of an employee for any of the above-mentioned
reasons, the employer has to duly justify in writing such termination.
Sanctions
An employer who violates any provision of the Law, is guilty of an offence and is liable,
on conviction, to a ne not exceeding €3.417 (£ .000).
Competent Court
The Labour Disputes Court has jurisdiction to decide on disputes of a civil nature arising
from the application of the Law.
Competent Authority for implementing the Law: Department of Labour Relations.
July 2008
4.5 EQUAL PAY BETWEEN MEN AND WOMEN FOR THE SAME WORK OR FOR WORK
TO WHICH EQUAL VALUE IS ATTRIBUTED
The Equal Pay between Men and Women for the Same Work or for Work to which Equal
Value is Attributed Law of 00 (principal Law), entered into force on 1 January 003. Its
purpose is to ensure the application of the principle of equal pay for the same work or
work of equal value regardless of the employee’s sex. By an amendment of the Law,
which entered into force on 1 May 004 (Amendment Law), an additional right is granted to
persons, who consider themselves wronged from a violation of the Law, to make a complaint
to the Ombudsman’s Ofce, which is competent to investigate such complaints.
Scope of the Law
The Law applies to all employees (in the private, public and semi-public sectors, including
the Armed Forces and the Security Forces) as regards all activities relating to employment,
with the exception of self-employment.
Employment and remuneration
“Employment“ means the offer of work or services for pay under a contract (oral or written,
individual or collective) or under an employment relationship. Employment may be on a
full-time or part-time basis, on a xed term or of an indenite duration, continuous or not,
regardless of the place of work, including home-working and apprenticeship. Remuneration
includes all benets (direct or indirect, in money or kind), which are paid by the employer
to the employee in consideration of the offer of his work.
5
Principle of equal pay
The “Principle of Equal Pay” means the elimination of direct or indirect discrimination on
grounds of sex as regards the remuneration for the same work or work of equal value.
Every employer is required to remunerate equally men and women for the same work
or work of equal value, without exercising any direct or indirect discrimination regarding
remuneration or any other benets, either in money or in kind.
Work of equal value
“Work of Equal Value” is dened as work performed by men and women, which is of the
same or substantially the same nature or to which equal value is attributed, on objective
criteria, as set out in the Law.
Direct and indirect discrimination
“Direct Discrimination” means less favourable treatment manifestly on grounds of sex.
“Indirect Discrimination” exists where an apparently neutral provision, criterion, condition
or practice, in actual terms disadvantages a substantially higher proportion of one sex,
unless that provision, criterion, condition or practice can be justied on objective factors
unrelated to sex.
Determination of remuneration
Where a system of job classication is used in determining pay, it must be based on the
same criteria for both men and women and be designed in a manner such as to exclude
discrimination on grounds of sex. Comparison between employees must be made by
reference to other employees, who are or were employed by the same employer or in
an undertaking controlled by the employer during the last two or subsequent years.
Abolition of contrary provisions
Any existing legal provision, which is contrary to the provisions of the Law, was abolished
as from 1 January 003, in so far as it contained any direct or indirect discrimination on
grounds of sex. If the discrimination consisted in the granting of a right or advantage to
persons of one sex, that right or advantage was also automatically extended to persons
of the other sex. The Minister of Labour and Social Insurance is obliged to abolish or
amend any individual or regulatory administrative act, which does not comply with the
provisions of the Law.
Regulation of contracts
- Existing contracts
Any provision or condition in an existing collective or individual contract of employment
and in any internal rules of an undertaking or rules governing any independent occupation,
which is contrary to the provisions of the Law, is null and void as regards the part containing
a direct or indirect discrimination on grounds of sex. Where the discrimination consists of
the granting of a right or advantage to persons of one sex, that right or advantage must
also be granted to persons of the other sex.
- New contracts
Any provision of a new collective or individual contract of employment, internal rules of
an undertaking or rules governing an independent occupation, which is contrary to the
provisions of the Law, is null and void as regards the part containing a direct or indirect
discrimination on grounds of sex.
Judicial decisions
Subject to the exclusive jurisdiction of the Supreme Court, whose decisions are nal and binding,
the competent courts decide, either on institution of specic proceedings or incidentally, to
annul a Law or declare a condition as null and void or to extend the right in question.
53
Any such decisions relating to collective agreements, must be notied to the employers’
and workers’ organizations concerned, which will have to adapt immediately the text of
the relevant collective agreement to take account of the annulment or extension as
decided by the Court.
Protection of employees
No employee can be dismissed or be subject to any adverse treatment by his employer
as a reaction to submitting a complaint or to contributing to any legal proceedings against
that employer. An employer, who does not comply with the Law, is guilty of an offence
and is liable, on conviction, to a ne not exceeding €1.708 (£1.000).
Enforcement of the Law
The Minister of Labour and Social Insurance is responsible for carrying out the provisions
of the Law and for this purpose he has appointed Inspectors (and other ofcers). The
Inspectors have the power to carry out investigations at their own initiative and to examine
any report or complaint for violation of the provisions of the Law. For this purpose, they
have been given power to enter any place for inspection and collection of information
and to examine any person, with the assistance of any public authority, with a view to
carrying out effectively their duties. Entry into any dwelling houses is allowed, subject to
the consent of the occupants.
Submission of complaints
In case of a complaint by any person who considers himself wronged (or on behalf of such
person by a workers’ organisation or a non-governmental organization which promotes
equality of men and women or protection of human rights in general) and provided that
the case has not been brought before a Court, the Inspector proceeds immediately to
the investigation of the case and tries to settle the dispute.
Committee of Investigation and Evaluation of Work
Where the above procedure does not lead to settlement of the dispute, the dispute
is referred to a Committee of Investigation and Evaluation of Work, appointed by the
Minister in consultation with the workers’ and employers’ organizations. The Committee
investigates the case and, within three months from referral of the case, prepares and
submits its report to the Inspector. The Inspector tries again to settle the dispute and if
so he prepares the minutes of reconciliation; if not, he prepares the minutes of his actions
and ndings, which may be used in any judicial proceedings.
Criteria for comparison and evaluation
Both the Inspector and the Committee use, for the purposes of comparison, criteria related
to the particular occupational category or sector of economic activity and, specically,
take into consideration:
• The nature of duties.
• The degree of responsibility.
• The qualications, skills and seniority.
• The job physical or mental requirements .
• The working conditions.
• The importance and frequency of any differences in the work in relation to the work
as a whole.
54
Competent court and compensation
The Labour Disputes Court has the jurisdiction for settlement of the disputes arising from
the application of the Law, except for matters which are the exclusive jurisdiction of the
Supreme Court. In case of violation of the Law:
• Any provisions that make the offender’s liability or the right to compensation or other
remedy, conditional on a minimum duration of employment or on a minimum number
of hours of work, do not apply.
• Any provisions xing a maximum amount of compensation are also not applicable.
• Any agreement between the employer and the employee, providing for such conditions,
is null and void.
• The whole amount of compensation awarded is payable by the employer
Offences and penalties
In addition to the right of compensation, which also includes compensation for moral
damages, anyone who is found guilty of willfully violating the principle of equal pay, is
liable on conviction, to a ne not exceeding €6.834 (£4.000) or to imprisonment for a term
not exceeding six months or to both such ne and imprisonment.
Obstructing the exercise of powers
Any person who willfully obstructs or tries to obstruct or refuses to answer or gives a false
answer or fails to furnish any information required under the Law, or prevents, or tries to
prevent another person from being examined by an Inspector or by the members of any
committee in exercising their powers, is guilty of an offence and is liable, on conviction,
to a ne not exceeding €5.15 (£3.000) or to imprisonment for a term of six months or
to both such ne and imprisonment, provided that the offence does not carry a severer
punishment. Where the offences have been committed by a legal person or corporation,
the same penalties are also provided for the directors or other similar ofcials, if it is shown
that the offence has been committed with the consent, connivance or tolerance of such
directors or ofcials. Appropriate penalties are also provided for, when the offences are
committed as a result of gross negligence.
Repeal of past legislation
The Equal Pay of Men and Women for Work of Equal Value Law, together with the
Regulations made under that Law, which were in force before the entry into force of the
00 Law, were repealed on 1 January 003.
Competent Authority for implementing the Law: Department of Labour Relations.
July 2008
55
05.
REGULATION OF THE OPERATION
OF SHOPS AND OF
THE CONDITIONS OF EMPLOYMENT
OF SHOP EMPLOYEES
56
5.0 REGULATION OF THE OPERATION OF SHOPS AND OF THE CONDITIONS OF
EMPLOYMENT OF SHOP EMPLOYEES
The Regulation of the Operation of Shops and Conditions of Employment of Shop
Employees Law, No. 55(I)/006, entered into force on November 006, replacing the
Shop Assistants Legislation. An Amendment Law, No. 68(I)/007, entered into force on
June 007.
The Law regulates matters relating to the operation of shops and sets minimum standards
regarding the conditions of employment of shop employees. The Law is divided into ve
parts:
Part I. Introductory Provisions
Part II. Scope and Inspectors
Part III. Conditions of Employment of Shop Employees
Part IV. Regulation of the Operation of Shops
Part V. Final Provisions
In accordance with the Law, an Order has been issued prescribing the goods and/or
services to be sold in particular shops. This Order was amended on June 007.
The Law applies to the whole of Cyprus, with the exception of Part IV, which governs the
operation of shops and applies to specic geographical areas.
5.1 TERMS AND CONDITIONS OF EMPLOYMENT OF SHOP EMPLOYEES
5.1.1. Where and to whom applicable
The Part of the Law that governs the terms and conditions of employment of shop
employees, applies to the whole of the Government controlled area of Cyprus and to the
employees of any shop, whether general or specialised. It is noted that “shop employee”
means any employee working in a shop or in connection with a shop.
5.1.2 Hours of work
The normal hours of work of shop employees cannot exceed 38 hours a week or 8 hours
daily. The normal working hours do not include breaks and overtime.
5.1.3 Working hours and breaks
The daily working hours of every shop employee are continuous with only one break of
between 15 minutes and one hour’s duration. Where the shop-keeper decides to introduce
the afternoon recess, the break may be granted between p.m. and 5 p.m. It is noted
that the period of afternoon recess is limited between 15 June and 31 August.
57
5.1.4 Afternoon or morning offs, daily and weekly rest
Every shop employee is entitled to afternoon or morning offs. The duration of a morning
off is up to p.m. of the day on which it is taken and the employee concerned should
not take up work before this time. Afternoon offs are taken after p.m. and carrying out
any work after that time on the particular day is not allowed. It is pointed out that every
employee is entitled to three morning or afternoon offs, as follows.
• Six-day working week: Three morning or afternoon offs, of which compulsorily one
every other Saturday afternoon and one every other Sunday.
• Five-day working week: One morning or afternoon offs, of which compulsorily one
every other Saturday afternoon and another one every other Sunday.
The duration of the daily rest of every shop employee must not be less than 11 hours and
of his weekly rest, not less than 4 hours
5.1.5 Overtime work
Shop employees may, subject to their consent, work overtime up to two hours daily or
up to eight hours weekly. Overtime work is remunerated as follows:
• Afternoons or morning offs as xed in the work schedule, holidays and Sundays: Two
hours pay for every hour of overtime work (:1)
• Any other day: One and a half hours pay for every hour of overtime work (1,5:1)
5.1.6 Holidays
Every shop employee is entitled to the following holidays with pay. Where the employee
works on a holiday, he is remunerated at the rate of :1 for every hour worked:
• 1 January 1 April 1 October
• January Monday after Easter 8 October
• 6 January 1 May 5 December
• Green Monday Holy Spirit Monday 6 December
• 5 March 15 August
5.1.7 Display of tables
Every employer is required to display every two weeks, in a place accessible to every
shop employee, the following documents:
• The list of his employees
• The daily working hours and break period of every employee
• The daily and weekly rest and the morning or afternoon offs of every employee
• The annual leave to which the employee is entitled, as well as the balance of such
leave.
58
5.2 REGULATION OF THE OPERATION OF SHOPS
5.2.1 Scope
Part IV of the Law governing the operation of shops, applies to specic geographical
areas, whilst the remaining Parts apply to the whole of the Government controlled area
of Cyprus. Thus, the regulation of the operation of shops apply to the following areas:
Nicosia District Limassol District
Municipalities Communities Municipalities Communities
Agios Dometios Agioi Trimithias Agios Athanassios Muttagiaka
Aglantzia Alambra Germassogia Pano Polemidia
Dali Geri Kato Polemidia Tserkezi
Engomi Kato Deftera Messa Gitonia
Lakatamia Lymbia
Latsia Nissou
Nicosia Pano Deftera
Strovolos Pera Chorio
Tseri
Larnaka District Pafos District
Municipalities Communities Municipalities Communities
Athienou Dromolaxia Geroskipou Armou
Aradippou Kiti Pafos Agia Marinouda
Larnaka Livadia Pegia Emba
Meneou Polis Kissonerga
Oroklini Koloni
Pervolia Konia
Pyla Lemba
Messa Chorio
Messogi
Neo Chorio
Chloraka
Famagusta District
Municipalities Communities
Agia Napa Sotira
Derynia Frenaros
Paralimni
5.2.2 Regulation of general shops
A “ general shop” is the shop that operates within the general working hours and is allowed
to sell any goods and offer any services.
5
(1) Hours of operation of general shops
(a) Opening hour: after 5 a.m.
(b) Closing hour:
(i) Winter hours (1 November- 31 March):
• Closing hour:
Monday: 7:30 p.m.
Tuesday: 7:30 p.m.
Wednesday: 3:00 p.m.
Thursday: 7:30 p.m.
Friday: 7:30 p.m.
Saturday: 7:00 p.m.
Sunday : closed
(ii) Summer hours (1 April – 31 October):
• Closing hour:
Monday: 8:00 p.m.
Tuesday: 8:00 p.m.
Wednesday: 3:00 p.m.
Thursday: 8:00 p.m.
Friday: 8:00 p.m.
Saturday: 7:30 p.m.
Sunday: Closed
(iii) Chistmas hours (1 – 31 December):
• Closing hour:
Monday – Sunday: 8:00 p.m.
Christmas Eve (4.1): 6:00 p.m.
New Year’s Eve (31.1): 6:00 p.m.
(iv) Easter hours (The period of 10 days before Easter):
• Closing hour: Monday – Sunday : 8:00 p.m.
Good Friday: 6:00 p.m.
Good Saturday : 6:00 p.m.
() Public holidays for general shops
All general shops must remain closed on the following days:
• 1 January
• January
• 6 January
• 1 April
• Easter Monday
• 1 May
• Holy Spirit Monday
• 15 August
• 5 - 6 December
(3) Afternoon recess
Afternoon recess may be applied on a voluntary basis by any shop-keeper on the
following conditions:
• Beginning of period of application not earlier than 15 June.
• End of period of application not later than 31 August.
• Closing hour: Not earlier than p.m.
• Opening hour: Not later than 5 p.m.
60
5.2.3 Regulation of specialised shops
“Specialised shops” means a special category of shops that may operate for longer hours,
provided that they offer for sale goods and services, which are specied by Order of
the Minister of Labour and Social Insurance. The specialised shops are classied into 15
sub-categories, according to the operating hours. The arrangements for their operation
are as follows:
(1) Bakeries and confectionaries
(a) Hours of Operation: 4 hours Monday-Sunday
(b) Products:
• Fresh bread, all kinds of bakery, including fresh pastry and confectionary
products, except wedding sweats, which are sold only at confectionaries.
• Dairy products and packaged meat processed products, whose weight does
not exceed 300 gr. per package, fresh milk, long life milk , butter, margarine,
honey and jams.
• Soft drinks, juices, bottled water, canned coffees, isotonic drinks, ice creams
and ice.
• Tea, instant coffee, sugar in small sachets, sugar substitutes and ground
coffee.
• Packed candy products, potato crisps and other similar products and dry
breakfast cereals.
• Chocolates and chocolate products, wafers, biscuits and dry nuts.
• Take-away meals
(2) Kiosks or convenience stores
(a) Hours of operation: 4 hours, Monday-Sunday
(b) Goods:
• Newspapers, magazines and other printed material and multimedia distributed
by press agencies, as well as goods accompanying them as offer/gift, excluding
alcoholic beverages.
• Cigarettes, cigars, tobacco, tobacco pipes, material for rolling cigarettes,
cigarette lters, cigarette holders, matches, lighters, ints, lighter fuels and other
relevant tobacco products.
• All kinds of batteries, torches, light bulbs, uorescent light starters, sockets,
socket fuses, multi-socket sets, extension wires, watches, alarm-clocks, small
radios and calculators.
• Photo-camera lms, disposable photo-cameras, empty tape recorder cassettes
and video tapes, empty computer diskettes, empty CD’s and DVD’s.
• Tele-cards, prepaid mobile telephone connection packages, mobile telephone
accessories, pay-phone services, fax and photocopying services
• Bandages, cotton wool, rst aid material, pain killers for which no medical
prescription is required, condoms, sanitary napkins, baby and adults napkins,
toilet paper, paper napkins and tissues, shaving materials, deodorants, hair
treatment cosmetics, combs and hair brushes.
• Stationery and other relevant ofce material, correspondence material, stamps,
maps, greeting cards and play cards.
• Christmas and Easter ornaments, balloons, tourist souvenirs, carnival and marine
products, suntan oils or lotions, sunglasses, hats, walking sticks, nail clippers,
worry bead strings, key-rings and jewellery imitations
• Charcoal, grill motors, kindling, knives, forks, disposable dishes and glasses, gas
stoves and small liquid gas containers, aluminium foil, garbage bags, kitchen
gloves, dish washing liquids, room sprays, scented candles, insecticides,
mosquito pesticides and mosquito repellent appliances, shoe polishes and
shoelaces.
61
• Lottery tickets, gifts, toys (excluding electronic and out-door games) and gift
wrapping material.
• Packaged dairy and processed meat products, whose weight does not exceed
300 gr. per package, fresh milk, long life milk, jams, honey, prepared liquid
sauces, instant soups and sachets of quick meal preparation.
• Teas, instant coffee, sugar sachets and sugar substitutes and ground coffee
• Soft drinks, juices, bottled water, canned coffees, isotonic drinks, beers, ice
creams and ice.
• Chocolates and chocolate products, wafers, biscuits, candy products, potato
crisps and other relevant products, croissant, satzi pies, dry breakfast cereals,
toasts and packaged dry nuts .
• Canned dog and cat food.
(3) Shops in airports, ports and hotels
(a) Hours of operation: 4 hours, Monday-Sunday
(b) Goods:
Any goods and/or services, provided that access is through entrances inside the
hotel, airport or port, respectively.
(4) Car rental shops
(a) Hours of operation: 4 hours, Monday-Sunday
(b) Goods:
• All types of motor vehicles rentals
• Bicycles rentals
• Rentals of all types of vehicles for the disabled.
(5) Cinemas
(c) Hours of operation: 4 hours, Monday-Sunday
(d) Goods:
• Projection of lms.
• Soft drinks, juices, bottled water, prepared coffees, isotonic drinks and ice
creams for consumption inside the cinema.
• Chocolates and chocolate products, wafers and dry nuts for consumption
inside the cinema.
• Candy products, potato crisps and other relevant products for consumption
inside the cinema
(6) Flower shops or plant nurseries
(a) Hours of operation: 5 a.m. to 10 p.m. Monday –Sunday
(b) Goods:
• All kinds of owers
• Plants
• Items and services for ower and plant treatment
• Flower and plant pots of all kinds
(7) Film rental shops
(a) Hours of operation: 5.00 a.m. to 10.00 p.m., Monday-Sunday.
(b) Goods:
R ental and sale of cinema and television lms in CD and DVD form; and empty
CDs and DVDs.
6
(8) Alcoholic drinks and tobacco products shops
(a) Hours of operation: 5.00 a.m. to midnight, Monday-Sunday
(b) Goods:
• All kinds of alcoholic drinks.
• All kinds of tobacco products.
• Smoking utensils.
• Soft drinks, juices and bottled water.
(9) Betting shops
(a) Hours of operation: 5 a.m. to midnight, Monday-Sunday
(b) Goods:
• All types of betting, provided that the shop has obtained the licenses required
by other laws.
• Soft drinks, juices, bottled water, prepared coffees, isotonic drinks and ice-
creams for consumption inside the shop
• Chocolates and chocolate products, wafers and dry nuts for consumption
inside the shop.
• Candy products, potato crisps and other related products for consumption
inside the shop.
(10) Tyre repair shops
(a) Hours of operation: 5 a.m. to 8 p.m. Monday - Sunday
(b) Goods:
• Repair of motor vehicle tyres
• Tyres, rims and vehicle batteries.
(11) Barber shops / hair dressing salons
(a) Hours of operation:
(i) Winter hours (1 November-31 March):
• Monday-Saturday, except Thursday: 5 a.m. to 7.30 p.m.
• Thursday and Sunday: closed
(ii) Summer hours (1 April – 31 October)
• Monday to Saturday, except Thursday: 5 a.m. to 8 p.m.
• Thursday and Sunday: closed
(iii) Christmas hours (1-31 December):
• Monday-Sunday: 5.00 a.m. to 8.00 p.m.
• Christmas Eve (4/1): 5.00 a.m. to 6.00 p.m.
• New Year Eve (31/1): 5.00 a.m. to 6.00 p.m.
(iv) Easter hours (the period of 10 days before Easter):
• Monday-Sunday: 5.00 a.m. to 8.00 p.m.
• Good Friday: 5.00 a.m. to 6.00 p.m.
• Good Saturday: 5.00 a.m. to 6.00 p.m.
(v) Arrangements for Thursdays and Saturdays coinciding with a public holiday:
• When a holiday coincides with a Friday, barber shops and hair dressing
salons may stay open on the preceding Thursday during the hours of
operation as for other working days.
• When a public holiday coincides with a Saturday, the holiday may not be
observed.
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(b) Public holidays for barber shops/hairdressing salons
All barber shops/hairdressing salons must remain closed on:
• 1 January
• January
• 1 April
• Monday after Easter
• 1 May
• Holy Spirit Monday
• 5 and 6 December
(c) Afternoon Recess
Afternoon recess may be applied voluntarily by any shop-keeper on the following
conditions:
• Beginning of period of application: not earlier than 15 June.
• End of period of application: not later than 31 August
• Closing hour: not earlier than p.m.
• Opening hour: not later than 5 .00 p.m.
(d) Goods:
• Hair treatment services.
• Hair treatment products.
(12) Sanitary xtures and/or building materials shops
(13) Industrial machinery, machine work materials and/or spare parts shops
The above two categories of shops are allowed to operate within the following hours:
(a) Hours of Operation:
(i) Winter hours (1 November –31 March):
• Monday-Friday: 5.00 a.m. to 7.30 p.m.
• Saturday and Sunday: closed
(ii) Summer hours (1 April-31 October):
• Monday-Friday: 5.00 a.m. to 8.00 p.m.
• Saturday and Sunday: closed
(iii) Christmas hours (1-31 December):
• Monday-Sunday: 5.00 a.m. to 8.00 p.m.
• Christmas Eve (4/1): 5.00 a.m. to 6.00 p.m.
• New Year Eve (31/1): 5.00 a.m. to 6.00 p.m.
(iv) Easter hours (the period of 10 days, before Easter):
• Monday-Sunday: 5.00 a.m. to 8.00 p.m.
• Good Friday: 5.00 a.m. to 8.00 p.m.
• Good Saturday: 5.00 a.m. to 6.00 p.m.
(b) Public holidays: All shops of the above-mentioned categories must remain closed
on the following days:
• 1 January 1 May
• January Holy Spirit Monday
• 6 January 15 August
• 1 April 5 December
• Monday after Easter 6 December
(c) Afternoon recess:
Afternoon recess may be applied voluntarily by any shop-keeper on the following
conditions:
• Beginning of period of application: not earlier than 15 June.
• End of period of application: not later than 31 August.
64
• Opening hour: not earlier than p.m.
• Closing hour: not later than 5 p.m.
(d) Goods:
(i) Sanitary xtures and/or building materials shop:
• Sanitary xtures
• Building materials
(ii) Industrial machinery, machine-work materials and/or accessories:
• Industrial machinery
• Machine work materials
• Motor- car and machinery spare parts .
(14) Motor vehicles sales shops
(a) Hours of operation:
(i) Winter hours (1 November – 31 March):
• Monday - Friday: 5.00 a.m. – 7.30 p.m.
• Saturday: 5.00 a.m. - 1.00 p.m.
• Sunday: closed
(ii) Summer hours (1 April – 31 October):
• Monday – Friday: 5.00 a.m. - 8.00 p.m.
• Frida y: 5.00 a.m. - 1.00 p.m.
• Sunday: closed
(b) Goods:
• Motor vehicles, which may be available for sale from Monday to Saturday.
• Motor vehicles spare parts, which may be available for sale from Monday to
Friday.
(15) Seafood shops
(a) Hours of operation:
(i) Winter hours (1 November-31 March):
• Monday, Tuesday, Thursday, Friday: 5.00 a.m. - 7.30 p.m.
• Wednesday: 5.00 a.m. – 3.00 p.m.
• Saturday: 5.00 a.m. – 7.00 p.m.
• Sunday: 5.00 a.m. - 1.00 p.m.
(ii) Summer hours (1 April – 31 October ):
• Monday, Tuesday, Thursday, Friday: 5.00 a.m. – 8.00 p.m.
• Wednesday: 5.00 a.m. – 3.00 p.m.
• Saturday: 5.00 a.m. – 7.30 p.m.
• Sunday: 5.00 a.m. – 1.00 p.m.
(b) Goods:
• Fresh sh.
• Fresh molluscs.
• Fresh shell-sh.
5.2.4 Display of signs in specialised shops
Every specialized shop-keeper must display a sign showing the category of the specialised
shop (e.g. kiosk, bakery etc.) and the hours of its operation. The sign must be placed
near or on the shop’s main entrance, so as to be visible by the customers and any other
person entering the shop.
Shop-keepers may obtain sign forms from the Department of Labour Relations, to which
copy of the completed form must be notied.
65
5.2.5 Engagement in retail trade at places other than shops
In case of retail trading at places other than shops (e.g. out-door markets, hawking) at
hours not provided for by the Law, the persons engaged such trading are deemed to be
shop-keepers violating the Law, which will be enforced accordingly.
5.2.6 Special arrangements for tourist areas
The Minister of Labour and Social Insurance, taking into consideration the suggestions
of the District Advisory Committees, issues Orders, normally once a year, by which he
prescribes:
• The tourist period
• The boundaries of tourist areas/zones
• The hours of operation and the public holidays to be observed by shops in the tourist
areas/zones during the tourist period.
5.3 GENERAL MATTERS
5.3.1 Inspectors
The Minister has appointed Inspectors, for the purpose of controlling the application of the Law.
These Inspectors are empowered to carry out inspections at their own initiative, or following
a complaint, and to enter any premises and ask for and obtain any information necessary
for the purposes of their investigations. Obstructing an Inspector constitutes an offence
punishable, on conviction, with a ne not exceeding €3.417 (£.000) or with imprisonment for
term not exceeding three months or with both such ne and imprisonment.
5.3.2 Penalties for violation of the Law
• Penalties for not displaying documents: Failure to display documents relating to annual
leave, daily working hours, including breaks, morning or afternoon offs and daily and
weekly rest, constitutes an offence punishable, on conviction, with a ne not exceeding
€170 (£100) and, where the offence continuous after conviction, with a ne of €341
(£00) per day.
Penalties for violation of other provisions of the Law: In addition to the above penalties,
the Law provides, in case of violation of the other provisions, for a ne not exceeding
€17.086(£10.000) and/or imprisonment for a term not exceeding one year for natural
persons. In the case of a legal person, the natural person responsible is also liable to the
said penalties and the legal person is liable to a ne not exceeding €17.086 (£10.000).
Competent Authority for implementing the Law: Department of Labour Relations
July 2008
66
67
06.
PROTECTION
OF YOUNG PERSONS
AT WORK
68
6.0 PROTECTION OF YOUNG PERSONS AT WORK
The purpose of the Protection of Young Persons at Work Law (No. 48(I)/001) is to protect
persons under the age of 18 at work.
Every employed young person, including apprentices, has a right to protection by his
employer.
The Law does not apply to casual or short duration employment in relation to:
• Domestic work performed in a private household.
• Work performed in a family undertaking, which is not likely to be harmful, damaging
and dangerous to adolescents.
In particular the Law provides for the following:
• It prohibits the employment of children.
• It lays down the hours of work, the daily and weekly rest and the night-work restrictions
for children and adolescents.
• It regulates the placement of children under a combined work – training
programmes.
• It sets the general obligations of employers.
• It species the prohibited employments.
• It prescribes the offences and penalties
Employment of Children
For the purposes of the Law, “child” means a young person, who has not attained the
age of 15 years.
Employment of children is prohibited. However, a child who has attained the age of 14
years and has completed rst level secondary education or has been excepted from
compulsory attendance of such education, may, subject to prior authorization by the
Minister of Labour and Social Insurance, participate in a work - training programme (e.g.
Apprentice Scheme) with a view to learning an occupation.
The conditions under which a child is allowed to work are:
• Overtime work is prohibited
• The working time cannot exceed 36 hours a week or 7 hours and 15 minutes a day.
• For each 4-hour period, children must be granted a rest period of 14 consecutive
hours.
• Children must be allowed a minimum period of weekly rest of 48 consecutive
hours.
• The days and hours of work with different employers are added together.
Moreover, a child is allowed to be employed for only three months per year, in cultural,
artistic, sports or advertising activities, subject to prior authorization by the Minister of
Labour and Social Insurance and provided that this is not harmful to the child’s safety
and health (physical or mental) and to his physical, mental, moral or social development,
or does not jeopardize the child’s education.
A child’s employment cannot exceed:
• For a 3-6 years old child, two hours daily.
• For a 7-1 years old child, three hours daily.
• For a 13-15 years old child, four hours daily.
6
Employment in the above-mentioned activities is prohibited between 7.00 p.m. and 7.00
a.m. during October-May and between 8.00 p.m. and 7.00 a.m. during June-September.
Employment of children in hawking is prohibited.
Employment of adolescents
For the purposes of the Law “adolescent” means a young person at least 15 but less than
18 years of age. Adolescents can be employed under the following conditions:
• The working time cannot exceed 7 hours and 45 minutes daily or 38 hours weekly.
• For adolescents under the age of 16 years, the working time cannot exceed 7 hours
and 15 minutes daily or 36 hours weekly.
• Overtime work is prohibited
• Where the work exceeds 4,5 consecutive hours, the adolescent is entitled to a break
of at least 30 consecutive minutes.
• The adolescent is entitled to a rest period of 1 consecutive hours for each 4 hour
period and 48 hours per week.
• Employment of adolescents between 11.00 p.m. and 7.00 a.m. is prohibited. Under
certain terms and conditions, employment may be allowed during these hours, but in
no case between 00.00 and 04.00 hours. Where an adolescent is to be employed in
night work, he is entitled to free health assessment before and after the beginning
of employment at regular intervals.
• The hours of work with different employers are added together.
Employer’s obligations
Employers who employ young persons are obliged to:
• Take all the measures necessary to ensure the protection of the health and safety
of their employees.
• Make a written assessment of the risks involved for young persons before the
beginning of employment and later following important changes in the conditions of
work.
• Take measures for the regular monitoring of the young person’s health by examining
physicians, where there are risks for these persons’ safety, development or mental
health.
• Inform young persons and their parents of possible risks and of all protective measures
adopted.
• Ensure that young persons are under the guidance and supervision of duly trained
persons, for a period determined taking into consideration the nature of the work
performed.
Prohibited work for persons under the age of 18 years
Employment of young persons is prohibited for work, which-
• is objectively beyond their physical, mental or psychological capacity,
• involves harmful exposure to agents which are toxic, carcinogenic or causes heritable
genetic changes that may harm the unborn child or affect in any other way human
health,
• involves harmful exposure to radiation,
• involves the risk of accidents, which young persons cannot recognize or avoid, owing
to lack of experience and/or training or insufcient attention to risk, or
• involves a risk to health from extreme cold or heat, or from noise or vibrations.
70
Appointment of Inspectors
The responsibility for enforcing the Law is assigned to Inspectors appointed by the Minister
of Labour and Social Insurance.
Offences and penalties
An employer who violates the provisions of the Law is liable, on conviction, to a ne not
exceeding €17.086 (£10.000) or to imprisonment for a term not exceeding two years or
to both such ne and imprisonment.
Competent Authority for implementing the Law: Department of Labour.
July 2008
71
07.
DUTIES
AND RESPONSIBILITIES
OF INSPECTORS
7
7.0 DUTIES AND RESPONSIBILITIES OF INSPECTORS
The duties and responsibilities of Inspectors, who are appointed by the Minister of Labour
and Social Insurance, relate to the legislation governing:
• Collective dismissals.
• Preservation and safeguarding the rights of employees in case of transfer of the
business or undertaking, or parts thereof.
• Organisation of working time.
• Part-time workers (prohibition of unfavourable treatment)
• Fixed-term contract employees (prohibition of unfavourable treatment)
• Information by the employer to the employee about the terms applicable to the
contract of employment or employment relationship.
• Protection of wages.
• Parental leave and leave on grounds of force majeure.
• Equal pay for men and women for the same work or for work to which equal value
is attributed.
• Regulation of the operation of shops and of the conditions of employment of shop
employees.
• Maternity Protection
• Equality in Employment and Occupation
• Equality of men and women in employment and vocational training
• Young persons
Main duties of Inspectors
An Inspector appointed by the Minister of Labour and Social Insurance, is mainly
responsible for:
(a) Ensuring full and effective application of the provisions of the Laws, either through
inspection at his own initiative, or investigation of complaints submitted in connection
with disputes arising from the operation of the provisions of the Laws.
(b) Providing information, advice and guidance to employers and employees in relation
to the effective manner of observing the provisions of the Laws.
(c) Reporting to the Minister on the problems encountered in applying the provisions
of the Laws and making proposals for the measures to be taken for tackling these
problems.
Powers of Inspectors
(1) For the purposes of carrying out the provisions of the legislation, an Inspector may:
(a) After producing his identity, enter freely and without prior notice, at all times, any
place of employment, other than a dwelling house. Entry into a dwelling house is
subject to the prior consent of the occupier.
(b) Be accompanied by a police ofcer, if he has good reason to believe that he will
be prevented from exercising his powers or executing his duties; in such case
the Police is obliged to provide one or more police ofcers to accompany the
inspector.
(c) Be accompanied by another person, if he thinks necessary.
(d) Carry out checks, inspections, investigations, inquiries or examinations, as he
thinks necessary, for ascertaining whether the provisions of the legislation have
been complied with and in particular:
• To require any person, who, he has good reason to believe, may furnish him
with any information or explanation in relation with any inspection regarding
compliance with the provisions of the legislation, to answer any relevant
question, either alone or in the presence of another person, as may be required
or permitted by the Inspector, as well as to require such person to sign a
statement that the answers given are true.
73
• To require any person whom he nds at any place of work, to provide, in
relation to matters which that person has under his control or responsibility,
the facilities and assistance necessary, in exercising any of the powers given
to the Inspector under the legislation.
• To request the assistance of any public service or authority, which in turn is
obliged to provide it.
() During his inspection visit the Inspector must make his presence known to the employer
or his representative, unless he thinks that this might prejudice the execution of his
duties.
Action by inspector in case of submission of a complaint
(1) The Inspector may accept complaints about any dispute that may arise out of the
application of the legislation, from any person who considers himself wronged from
the dispute, as well as on behalf of such person. Immediately after receipt of the
complaint, the Inspector proceeds as prescribed in the legislation, provided that the
case has not been brought before the court.
() In exercising his powers under the legislation, the Inspector investigates the complaint
in every appropriate manner and in particular, he asks the person against whom
the complaint has been made, as well as any other person having competence
or responsibility for the complaint, to provide information, explanations and any
other particular in his possession or under his control, which serve or facilitate the
investigation of the complaint and he tries to settle the dispute.
(3) If settlement of the dispute is reached, the Inspector prepares the minutes of
settlement and has it signed by both parties.
(4) If no settlement is reached, the Inspector prepares minutes, in which he records all
actions and ndings, and which he must notify immediately to the two parties, for use
in any proceedings before the Industrial Disputes Court.
(5) Subject to any other provisions of any law, as from the date of submission of the
complaint and until the date of preparation of the minutes, any time limit for applying
to the Industrial Disputes Court by the person who has made the complaint or on
behalf of whom the complaint has been made, as well as any other prescription period
for the claim, is interrupted.
Duty to provide information to the Inspector
(1) Every employer or his representative and every employee of the employer, must, if so
required by the Inspector, supply him with any information, book, record, certicate or
other document or particular, which the employer, his representative or employee, as
the case may be, has in his possession and which is related to the matters regulated
by the legislation.
() The employer, his representatives or his employees must in general provide the
means required by the Inspector as necessary for entry, inspection, examination,
investigation or exercise of any of his powers under the Laws in relation to the
employer’s business.
Obligation of Inspector for condentiality
(1) The Inspector is obliged to treat and handle as secret any matter and any information,
written or oral, which came to his knowledge in the course of his duties, and must
not reveal or communicate any such matter or information.
() Where an Inspector acts in contravention of his obligation for condentiality, as the
Law provides, the Inspector is civilly liable, in accordance with section 70 of the Public
Service Law.
74
Offences and penalties for obstructing an Inspector in the exercise of his duties
(1) The legislation provides that anyone who-
(a) obstructs an Inspector in the exercise of the powers given to him under the
applicable legislation,
(b) refuses to answer or gives a false answer during any investigation carried out
under the legislation,
(c) fails to produce any record, certicate, book or other document or particular, which
he is required to produce according to the provisions of the legislation,
(d) prevents or tries to prevent any person from appearing before or being examined
by an Inspector,
is guilty of an offence and is liable, on conviction, to a ne not exceeding €5.15
(£3.000) or to imprisonment for a term not exceeding three months or to both such
ne and imprisonment.
() Where the offence has been committed by a legal person or corporation, guilty of the
offence is the managing director, chairman, secretary or other similar ofcial of the
legal person or corporation, if it is proved that the offence has been committed, with
his consent, connivance or tolerance and in such a case he is liable to the penalties
mentioned in (1) above, while the legal person or corporation concerned is liable to
the ne.
75
APPENDIX -
CONTACT
INFORMATION
76
APPENDIX – CONTACT INFORMATION
I. DEPARTMENT OF LABOUR
Central Ofce
, Clementos str.
1061 Nicosia
Tel. 400846
Fax: 40080
e-mail: [email protected]
website: http://www.mlsi.gov.cy/dl
District Ofces
Nicosia: 3 Museum str., 107
Nicosia, Tel. 403000
Limassol: 67 Fr. Roosevelt str.,
301 Limassol
Tel. 587350
Larnaka: Social Insurance Building,
1, Filios Tsigaridis str.,
603 Larnaka
Tel. 480531
Pafos: 1, Ayiou Spyridonos str.,
801 Pafos
Tel. 681653
II. DEPARTMENT OF LABOUR RELATIONS
Central Ofce
54, Grivas Digenis ave. Silvex Building, nd Floor,
106 Nicosia
Fax: 451141/
e-mail: [email protected]
website: http://www.mlsi.gov.cy/dlr
District Ofces
Nicosia: 54, Grivas Digenis av. Silvex Building, nd Floor, 106 Nicosia
Tel. 45116 and 45145
77
Limassol: Social Insurance Building
80, Fr. Roosevelt str., 3011 Limassol
Tel. 5815/3, 581401/
Larnaka: Social Insurance Building,
Filios Tsigaridis str., 603 Larnaka
Tel. 4805401/, 480531 and 480533
Pafos: 1, Ayiou Spiridonos str., 801 Pafos
Tel. 68640/1, 68643 and 6860
III. SOCIAL INSURANCE SERVICES
Central Ofce
7, Byron Ave. 1465 Nicosia
Tel. 401600
Fax: 6784
e-mail: [email protected]
website: www.mlsi.gov.cy/sid
District Ofces
Nicosia: 56, Athalassa Av. 1466 Nicosia,
Tel. 40710
Limassol: 80, Fr. Roosevelt Av. 301 Limassol
Tel. 580431
Larnaka: 1, Filios Tsigaridis str., 603 Larnaka
Tel. 480501
Pafos: 1, Filikis Eterias str., 8047 Pafos
Tel. 630633
PUBLIC EMPLOYMENT SERVICE, DEPARTMENT OF LABOUR
MINISTRY OF LABOUR AND SOCIAL INSURANCE
www.mlsi.gov.cy/dl
European Social Fund (ESF):
ESF: Contribution to the development of human resources, to the improvement
in the functioning of the labour market, and to the promotion of employability,
of entrepreneurial spirit, of adaptability, of equality of opportunities and of social integration.
EMPLOYMENT GUIDE
This guide was prepared in the framework of the Project “Development
of Public Employment Services Network” co-funded by the European
Social Fund (50%) and by National Funds (50%)
NICOSIA, NOVEMBER 008
IV. DEPARTMENT OF LABOUR INSPECTION
Central Ofce
1, Apellis str., 143 Agioi Omologites, Nicosia,
Fax: 663788
e-mail: [email protected]
website: http://www.mlsi.gov.cy/dli
District Ofces
Nicosia: 14, Panama str., 03 Strovolos
Nicosia Tel. 8711
Limassol: 41, Mishiaoulis & Kavazoglou str.,
301 Limassol
Tel. 58700
Larnaka: Social Insurance Building
1, Filios Tsigaridis str., 603 Larnaka
Tel. 480537
Pafos: 1, Filikis Eterias str., 8047 Pafos
Tel. 68715
78
