The European Parliament and the Council adopted Directive 2019/1152/EU on transparent and predictable working conditions. The directive was published on the 11.07.2019 and entered into force on 31.07.2019.
Directive 2019/1152/EU was transposed into Cyprus law on the 13.04.2023 by the Transparent and Predictable Working Conditions Law of 2023, Law 25(I)/2023 (the “Law”).
The Law requires employers to provide additional information to employees, to promote transparency and predictability in comparison to the previous regime (the Notification of the Employee by the Employer of the Terms governing the Contract or Relationship of Employment Law of 2000, Law 100(I)/2000) which was repealed.
Further, the Law introduces a series of new obligations to employers operating “new” rights for employees. These include:
(a) Maximum duration of any probationary period. Probationary periods now cannot exceed 6 months. Previously probationary periods could be up to 104 weeks subject to an agreement in writing between the employer and the employee. In the case of fixed-term employment contract, the length of the probationary period must now be proportionate to the expected duration of the contract and the nature of the work.
(b) Parallel employment. Workers have the right to take up employment with other employers outside of their work schedule and employers will be prohibited from subjecting workers to adverse treatment for working with other employers outside their work schedule. Restrictions may be applied on objective grounds, such as health and safety, the protection of business confidentiality, the integrity of the public service or the avoidance of conflicts of interests.
(c) On-demand contracts (“zero hour” contracts). To prevent the abuse of such an employment relationship, these are allowed provided that the employee works on a casual basis and (a) the total duration of employment with the same employer does not exceed eight weeks per calendar year with a maximum continuous duration of three weeks, every time, or (b) the total duration of the continuous employment does not exceed five hours per week.
(d) Transition to another form of employment. Workers with at least 6 months’ service with the same employer may request a form of employment with more predictable and secure working conditions and receive a reasoned written reply.
(e) Mandatory training. Where an employer is required (either under national law or by a collective agreement) to provide training to a worker to carry out the work for which he or she is employed, such training should be provided to the worker free of cost, shall count as working time and, where possible, shall take place during working hours.
The Law provides that employers who are found to be in breach of any of the provisions of the Law shall be held liable and, in case of conviction, to a fine not exceeding €5.500. Employers are advised to familiarise themselves with the changes imposed by the Law.
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We provide advice on all aspects of Cyprus employment law matters, including termination of employment, protection of maternity, discrimination at work, health and safety, policy manuals and employment dispute resolution (mediation and litigation at the Industrial Disputes Court).
Theodorou Law is a Cyprus law firm with Cyprus lawyers and other legal experts on legal matters involving Cyprus law, EU law and international law. The above should be used as a source of general information only. It is not intended to give a definitive statement of the law.
If you have a query or wish to receive further information, please contact us using [email protected]