The recent Law on remote work, passed by the Cyprus Parliament on 16/11/2023, regulates the rights and obligations of both employees and employers in the context of telecommuting.
Cyprus has now introduced legislation on remote working, regulating the rights and obligations of employees and employers respectively. The Law on the Regulation of the Organisational Framework of Telecommuting of 2023 was published in the Cyprus Official Gazette on 1 December 2023.
Whom does the law apply to?
The Law applies to all employment relationships, excluding the public sector, for whom a separate legal framework is anticipated to be issued next year.
Remote work
Telecommuting is defined in the Law as “the remote provision of the employee’s work using technology, pursuant to a full-time, part-time or other form of employment, which could also be provided from the employer’s premises and/or a workplace outside the employer’s premises.” The Law provides that:
- telecommuting is optional and could be agreed (i) upon recruitment; or (ii) through an amendment of existing employment agreements; or (iii) through a collective agreement;
- telecommuting can nonetheless be imposed by the Employer for reasons of public health protection, following a relevant order issued by the Minister of Health;
- in the event of a documented health risk, an Employee may request to work remotely provided that the risk shall be avoided through remote work and cannot be avoided by working at the employer's premises; and
- telecommuting cannot adversely affect any employment terms.
Key responsibilities of the Employer
The Law also introduces the Employer’s responsibilities in relation to remote working. Specifically, the Employer is responsible for:
- covering telecommuting costs, including equipment, telecommunications, and equipment maintenance and repair;
- paying the Employee a minimum amount, such amount being determined by a ministerial decision following the conclusion of a relevant study and consultation with representatives of both Employees and Employers;
- ensuring the Employee’s privacy during performance evaluations. It is further noted that pursuant to the Law the continuous monitoring of employees by cameras (web cam) or other similar intrusive application to monitor the Employee's performance is strictly forbidden; and
- informing the employee, in writing, of any employment terms which shall be differentiated, within 8 days of the commencement of telecommuting. Such information needs to include at least (i) an analysis of the telecommuting costs and the manner in which these will be covered by the Employer; (ii) the right to disconnect, defined in the Law as the ability to fully disengage from work obligations outside working hours by disconnecting from all the electronic means through which the Employee provides services; (iii) the equipment necessary for telecommuting and the process of technical support, maintenance and repair; (iv) any restrictions on equipment or IT tools usage and any penalties in case of violation; (v) the time during which remote work shall be offered and the Employee's response deadlines; and (vi) a risk assessment and prevention measures to be taken for teleworking, including the protection of both professional and personal data.
Health, Safety and Data Protection
It is worth noting that according to the Law, the Minister of Labour and Social Insurance is entitled to issue decrees outlining safety, health and the right to disconnect. Moreover, the Commissioner for Personal Data Protection’s positive opinion is required for matters related to safeguarding Employees’ personal data.
Monitoring compliance
Labour inspectors shall be appointed by the Minister of Labour and Social Insurance to monitor compliance with the Law and its effective implementation. Their duties shall include, inter alia, conducting investigations, providing information and advice to both Employers and Employees, and reporting issues to the Minister, keeping all such matters condifential. They have the right to enter the workplace unannounced in order to conduct inspections. Inspectors shall handle complaints, aiming to resolve issues through investigation or, if the issue fails to be resolved an inspector’s findings could be used before the the Labour Disputes Court in relevant proceedings. Both Employers and Employees must cooperate with the inspectors by providing necessary information and access to the workplace.
Offences and penalties
There are severe penalties introduced through the Law for non-compliance with its provisions. Specifically, individuals who are found guilty of obstructing labour inspectors during the conduct of an investigation, are subject to a prison sentence not exceeding six (6) months or a fine not exceeding €10,000 (Euro ten thousand) or both. An Employer may receive the aforementioned monetary fine for violations of any other provision of the Law. In case offences are committed by legal entities or organisations, individuals in specific positions within those entities are considered guilty unless they can prove lack of consent or involvement or negligence.
By Andrea Newton, Evi Chalkidi
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