The Impact of the EU Directive on the “Right to Disconnect” in Cyprus

The Impact of the EU Directive on the “Right to Disconnect” in Cyprus

Remote work first presented itself as a blessing, enabling us to work from home, our favorite cafe, and at times from another country. It was easier to do our personal daily tasks, more convenient than having to commute daily, and it meant that work could be done in our pajamas. It was great. Until, we started to realize that our availability for work-related communication increased from 8 hours to ‘any time of the day’. Finishing work on “time” felt like an enormous daily achievement. Having the liberty to pursue out-of-office endeavors, taking care of ourselves and our families, and simply relaxing, was a small slice of self-appreciation that we all sought. The phone rang with a ping from work, requesting our input on a task. The day simply didn’t end, and bled into the next, forming a feeling of perpetual work presence. 

To combat this form of burnout, the European Union proposed legislation to define and limit the hours of work-related communication referred to as, “the right to disconnect”. According to Eurofound, the right to disconnect was first put in motion in France in 2013, “as early as 2013, a national cross-sectoral agreement on quality of life at work encouraged businesses to avoid any intrusion on employees’ private lives by specifying periods when devices should be switched off.”

Later, in 2019, "Work-Life Balance for Parents and Carers" was introduced, and it included a little something for everyone - a provision for the "right to disconnect" across Europe. This directive aims to address the problem of employees working remotely feeling like they are tethered to their work, constantly connected and available to the office, leading to a culture of overwork and burnout. The directive applies to all member states of the EU and gives employees the right to disconnect from the office outside of their office hours, like a digital detox for the mind. 

During the pandemic, a survey conducted by UNI Europa indicates that “from more than 70 different countries, more than half said they have negotiated the right to disconnect for their members forced to work from home during the crisis.”

During the pandemic, a survey conducted by UNI Europa indicates that “from more than 70 different countries, more than half said they have negotiated the right to disconnect for their members forced to work from home during the crisis.

In light of these findings, the EU Directive was deemed necessary to address the problem of telework employees being expected to be constantly connected and available for anything pertaining to work. The directive aims to improve the well-being of employees in the EU by promoting a better balance between work and personal life, while also taking into account the specific needs of different professions and businesses.

The Case of Cyprus

According to Eurostat, remote and hybrid work has become a prevalent phenomenon in Cyprus, with 6.7% of the working population opting for it in 2021, a significant increase from 1.7% in 2019 prior to the COVID-19 pandemic. Although the figure remains below the European average of 13.5%, it is clear that the trend towards remote work is on the rise in Cyprus.

The Cyprus Human Resource Management Association (CyHRMA), conducted a survey in 2020, showing that 51% of employees in Cyprus reported that they worked 9+ hours since they started working from home due to Covid-19 restrictions. The European Union firmly believes in the need to implement the EU directive, and commit to “the right to disconnect” to improve people’s mental health and help workers prevent burning out.

However, a briefing from the European Parliament in 2020, found that no specific legislation has been set in Cyprus in regards to the “right to disconnect”. Looking at how it has affected other countries that implemented the directive, it is safe to assume that its impact can only be positive. Jennifer Moss, award winning author, noted that “if you are a leader in your organization, or a manger, you shouldn’t have to wait for the government to make the right to disconnect a law. We need to start today in order to protect our people from burning out.”

We spoke with Nicolas Kyriakides, lawyer and founder of Cyprus Forum and Zenox, a public affairs organization focused on enhancing communication between citizens and legislative entities and processes, who stated that “unfortunately, we are quite conservative on labor matters and I don’t see this being implemented soon. Perhaps with public consultations and discussions this can be accelerated.”

Additionally, Chara Sparsi, founder and Director at RED HR Solutions, believes that “the key element to implementing successful workplace communication policies is flexibility. While the rise of ‘the right to disconnect’ legislation is a current issue that all companies will need to respect and implement, safeguarding work/life balance for workers, we should at the same time protect professions that require an on-call policy for workers in a 24/7 approach.”

A one-size-fits-all policy cannot be implemented across the board. Offering workers increased autonomy concerning their availability can be a significant advantage for the Cypriot labor market, enabling companies to attract and retain talented staff in a tight labor situation.”

A one-size-fits-all policy cannot be implemented across the board. Offering workers increased autonomy concerning their availability can be a significant advantage for the Cypriot labor market, enabling companies to attract and retain talented staff in a tight labor situation.

This aligns with the EU Commissioner, Nicolas Schmit, and his speech at a conference for the right to disconnect in 20202, “We need to have clear rules and safeguards in place, knowing that evidence advises against a one-size-fits -all approach.”

In a recent development regarding the newly elected 8th President of the Republic of Cyprus, Nikos Christodoulides, we may be expecting changes to the nature of teleworking. According to the Cyprus Workers Federation, President Christodoulides and the Ministry of Labor have drafted a new bill that will impact remote working, regardless of what the European Union chooses to move forward with teleworking.

With the rise of digital technology, it's important to establish clear boundaries between work and personal time, and the EU directive on the right to disconnect is a step in the right direction towards achieving that balance. Seeing as policies regarding right to disconnect do not apply as well to some businesses in comparison to others, a great deal of iteration will go into it before it becomes a ‘must’. Meaning, there is time for businesses to experiment with it, finding what fits their employees best, while sustaining their business’ interests in an evolving world. 

When do you believe that Cyprus will implement this EU directive? What are your thoughts on it, as Cyprus businesses focus on becoming more global and regional?

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