Employment

Employment

Whether you are an employee seeking redress for unfair dismissal or an employer desirous of ensuring that any actions fall within the parameters of the legal framework which regulates the relationship between employer and employees in Cyprus, our firm can provide the guidance you need to protect your rights and your business.  Our team is also sensitive to the practical realities of a workplace and the importance of a business’s reputation in an increasingly networked world and will seek the resolution which will have the best result not only legally but also commercially.

Our services include:

  • Drafting and providing legal advice on employment agreements
  • Providing legal advice and assisting employers and employees in relation to matters of redundancy, leave and other employee entitlements, issues of discrimination and compulsory termination
  • Collective agreements
  • Resolution of employment law matters whether out of court or through the Industrial Disputes Court

Unfair dismissal

An employee, whose employment is terminated unlawfully after he has completed 26 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 i.e delay in payment of salary.

 

Unfair dismissal is a complex area of law defined not only by applicable legislation and regulations but also a significant volume of case law. For advice please contact one of our specialist employment law lawyers.

 

Termination of employment

According to the Termination of Employment Law (24/1967), an employer who intends to terminate the employment of an employee, who has completed at least 26 weeks of continuous employment with that employer, is obligated to provide a minimum period of notice (which  can be paid out at the employer’s discretion) based on the length of the employee’s service, as indicated below:

  • From 26 weeks work to 51 weeks (6 months – 1 year) : one week notice
  • From 52 weeks work to 103 weeks (1 year – 2 years): two weeks’ notice
  • From 104 weeks work to 155 weeks (2 years – 3 years): four weeks’ notice
  • From 156 weeks work to 207 weeks (3 years – 4 years): five weeks’ notice
  • From 208 weeks work to 259 weeks (4 years – 5 years): six weeks’ notice
  • From 260 weeks work to 311 weeks (5 years – 6 years): seven weeks’ notice
  • From 312 weeks’ work or more (6 years +): eight week’s notice

(The same periods apply in the case of resignation)

There are, however, circumstances under which an employee may be dismissed without notice, such as where the following occurs:

  • 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
  • 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

Vulnerable employees

Cyprus legislation such as The Protection of Maternity Laws of 1997 to 2011; The Equal Treatment for Men and Women in Employment and Vocational Training Laws of 2002 to 2009; and The Protection of Maternity (Safety and Health at Work) Regulations of 2002 provide significant protection for vulnerable employees including without limitation pregnant women, and employees suffering from a long-term illness.  For advice on how to best protect your rights please contact one of our lawyers for assistance.

 

Redundancy

Where the conditions apply for redundancy the amount of redundancy payment is calculated as follows:

Period of continuous employmentAmount of redundancy payment
Up to 4 years2 Weeks wages for each year of continuous employment
More than 4 and up to 10 years2,5 Weeks wages for each period of continuous employment
More than 10 and up to 15 years3 Weeks wages for each year of continuous employment
More than 15 and up to 20 years3,5 Weeks wages for each year of continuous employment
More than 20 and up to 25 years4 Weeks wages for each year of continuous employment