Cyprus

In Cyprus, employment termination must be justified by one of the following grounds:

• Redundancy: The position has become obsolete or the business needs to downsize.
• Force Majeure: Unforeseeable, uncontrollable events (natural disasters, war) prevent work continuation.
• End of Fixed-Term Contract: If the contract specifies an end date and isn't renewed.
• Retirement Age: The employee reaches customary, legal, or contractually agreed retirement age.
• Employee's Incapability: The employee consistently fails to perform their duties to a satisfactory standard.
• Gross Misconduct: Serious breaches such as theft, violence, or insubordination.

Notice Requirements

The minimum notice period required for termination by the employer depends on the employee's length of service:

• 26 weeks to 2 years: At least 1 week's notice
• 2 to 3 years: At least 2 weeks' notice
• 3 to 4 years: At least 4 weeks' notice
• More than 4 years: Gradually increases, up to a maximum of 8 weeks' notice

Severance Pay (Compensation for Termination)

Employees are entitled to severance pay if they have completed at least 26 weeks of continuous employment and the dismissal doesn't fall under gross misconduct. The amount is calculated based on the employee's length of service and their final remuneration.

Exceptions to Severance Pay

• Employees reaching retirement age (65)
• Employees on fixed-term contracts that expire without renewal

Important Considerations

• Constructive Dismissal: If an employer creates intolerable working conditions that force an employee to resign, it may count as unfair dismissal.
• Probationary Periods: Notice periods and compensation may not apply within probationary periods.

Cypriot law explicitly prohibits discrimination on various grounds including race, religion or belief, sex, sexual orientation, gender identity and expression, disability, and age. These protections are particularly emphasized within employment contexts.

Protected Characteristics

• Race: This includes color, descent, national, or ethnic origin.
• Religion or Belief: This protects individuals of varying religions and philosophical beliefs.
• Sex: This encompasses discrimination based on one's sex, pregnancy, or maternity status.
• Sexual Orientation: This protects individuals against discrimination stemming from their sexual orientation.
• Gender Identity and Gender Expression
• Disability: This safeguards individuals against discrimination due to disability.
• Age: This prohibits age-based discrimination.

Redress Mechanisms

Individuals who face discrimination have several avenues for redress:

• Office of the Commissioner for Administration and Human Rights (Ombudsman): This independent institution investigates complaints of discrimination and violations of rights.
• Labor Disputes Tribunal: This body handles discrimination cases stemming from employment contexts.
• Civil Courts: Individuals may file civil lawsuits to seek compensation or remedies for discriminatory acts.

Employer Responsibilities

Employers in Cyprus have legal responsibilities to uphold anti-discrimination principles:

• Equal Treatment Policies: Organizations should develop and implement clear policies promoting equal treatment and combating discrimination.
• Proactive Prevention: Employers must take steps to prevent discrimination in recruitment, hiring, promotions, and compensation processes.
• Complaint Mechanisms: Employers should establish and make known procedures for employees to report discrimination allegations.
• Awareness and Training: Employers should conduct training for staff on anti-discrimination laws and how to create an inclusive workplace environment.

Key Legislation

• The Equal Treatment of Men and Women in Employment and Vocational Training Law of 2002
• The Combating of Racial and Other Discrimination Law of 2004

The maximum average working hours per week, including overtime, is capped at 48 hours. Specific industries may negotiate lower workweeks through collective agreements, typically ranging from 38 to 40 hours. Daily working hours for hotel employees cannot exceed 8 hours, spread over a maximum of 13 hours with mandated breaks. Catering employees have a similar 8-hour limit but with only one break. Overtime work is permitted, with limitations. Hotel employees can work a maximum of 5 hours of overtime per week, while catering employees can work up to 8 hours.

Rest Periods

Where daily working hours exceed six hours, a minimum break of at least 15 minutes is mandatory. Employees are entitled to a minimum of 4 consecutive hours of weekly rest, in addition to the daily rest period. Minimum annual leave entitlement is not mandated by national law, but collective agreements typically provide for at least four weeks of paid annual leave.

Ergonomic Requirements

Cypriot legislation mandates that employers take measures to ensure the health and safety of their workforce. While there aren't explicitly defined ergonomic requirements outlined, these regulations likely encompass providing a work environment that minimizes the risk of musculoskeletal disorders. This could involve ensuring proper workstation setup, offering breaks for posture changes, and providing training on safe work practices.

The Safety and Health at Work Law of 1996 (as amended) is the main regulatory framework for workplace health and safety in Cyprus. This law places several obligations on employers.

Employer Obligations

Employers are required to conduct risk assessments to identify potential hazards in the workplace and implement control measures to mitigate them. They are also responsible for providing a safe work environment and ensuring the use of safe work practices.

In addition, employers must provide adequate training and information to employees on health and safety risks and procedures. Where necessary, they must provide appropriate Personal Protective Equipment (PPE) to employees and ensure its proper use. Work-related accidents and dangerous occurrences must be reported to the Department of Labour Inspection.

Employee Rights

Cypriot employees have the right to a safe and healthy work environment as outlined in the Safety and Health at Work Law. This includes the right to refuse to perform work they deem unsafe, provided they have reasonable justification for their concern.

Employees also have the right to be consulted on health and safety matters and participate in the improvement of workplace safety procedures. They have the right to access training and information on health and safety risks and procedures relevant to their work.

Enforcement Agencies

The primary responsibility for enforcing health and safety regulations falls on the Department of Labour Inspection (DLI) under the Ministry of Labour, Welfare and Social Insurance. The DLI conducts workplace inspections, investigates accidents, and takes necessary actions against non-compliant employers, which may include fines or prosecution.