Update: The New Cyprus Remote Work Legislation Explained
Introduction
In an era where remote work has become increasingly prevalent, the Cyprus Parliament has passed pivotal legislation. As of November 16, 2023, the new law extensively outlines the rights and obligations associated with telecommuting, marking a significant development in employment law. This article delves into the nuances of the Law on the Regulation of the Organisational Framework of Telecommuting of 2023 was published in the Cyprus Official Gazette on 1 December 2023, providing key insights for both employers and employees.
Who Does the Remote Work Law Apply To?
The law casts a wide net, encompassing all employment relationships within Cyprus, barring the public sector. A separate framework for the public sector is expected in the upcoming year.
Defining Remote Work and Telecommuting Options
Remote work, as defined by the law, refers to the remote provision of work using technology. This can be under various forms of employment and is not restricted to the employer's premises. The law highlights that:
Telecommuting is a voluntary arrangement, which can be agreed upon at different stages: during recruitment, through amendment of existing contracts, or via collective agreements.
Under certain circumstances, like public health concerns, employers can mandate telecommuting.
Employees facing health risks may opt for remote work if it significantly reduces their risk.
Key Responsibilities of the Employer
Employers are tasked with specific responsibilities in this new remote work environment: The are 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
The Law empowers the Minister of Labour and Social Insurance to issue decrees concerning safety and health in remote work settings. Moreover, protecting employees’ personal data is crucial, requiring the Commissioner for Personal Data Protection’s approval.
Monitoring Compliance
Labour inspectors will play a key role in ensuring adherence to the law. Their responsibilities include conducting investigations, advising parties, and maintaining confidentiality. They are authorized to conduct unannounced workplace inspections.
Offences and Penalties
The law stipulates stringent penalties for non-compliance. Obstructing labour inspectors can lead to imprisonment or fines. Employers may face significant fines for breaching any provision of the law, and legal entities are held accountable for internal compliance. Specifically, individuals who are found to be 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.
Conclusion
The 2023 Cyprus Remote Work Law signifies a major shift in how remote work is regulated, balancing the interests of employers and employees. For more detailed information or legal advice related to this new legislation, please feel free to contact us. Our team is well-equipped to provide comprehensive guidance in navigating these new legal waters.
The content of this article is valid as of the date of its first publication. It is intended to provide a general guide to the subject matter and does not constitute legal advice. We recommend that you seek professional advice on your specific matter before acting on any information provided. For further information or advice, please contact Klitos Platis by email at klitos@kleanthousplatis.com.