Inside Cyprus' Teleworking Draft Law: Exploring the Key Provisions and Regulations
The Minister of Labor, Yiannis Panayiotou, is likely to present the draft legislation regulating teleworking to the Ministerial Council today, Thursday, June 8th.
The COVID-19 pandemic has brought teleworking into our lives, with many companies adopting it in various ways. Therefore, it is crucial to address this issue through legislation, as Cyprus is obligated from the EU to regulate this matter.
The title of the draft legislation is "Teleworking Organization Framework Act," and its aim is to legislate the employment terms governing teleworking due to its increasing usage.
As stated by Minister of Labor Yiannis Panayiotou in Parliament on Tuesday, once approved by the Council of Ministers, the draft legislation will be forwarded to the House of Representatives with the hope of being voted on before the summer recess. He added that as part of the Recovery and Resilience Plan, the Republic of Cyprus has committed to regulating this issue in the first half of 2023.
However, it is important to note that since the process of teleworking regulation is underway at the European level, Mr. Panayiotou noted that if a relevant directive is approved by the EU in the meantime, the draft legislation will be withdrawn. If a directive is issued after the law is passed, European law will prevail.
The Ministry's intention is to regulate these matters to better utilize this flexible form of work, whether someone works on-site or teleworks, ensuring compliance with working hours and preventing exploitation and abuse of employees while safeguarding their labor rights.
The draft legislation addresses various teleworking-related issues, such as:
1. The voluntary use of teleworking, subject to agreement between employers and employees.
2. Mandatory teleworking, as was the case with the Minister of Health's decrees during the COVID-19 period.
3. Prohibition of discrimination against teleworkers.
4. Cost of teleworking to be borne by the employer.
5. Work hours, with emphasis on the right to disconnect after working hours.
6. Advance notification to employees by employers regarding specific teleworking issues, such as tele-availability time limits, support procedures, equipment usage restrictions, risks associated with teleworking, and protection of personal data, among others.
7. Ensuring occupational safety without compromising existing employee rights, such as wages and working hours.
8. Teleworkers' obligations and rights equal to those of on-site workers.
9. Regulation of teleworkers' health and safety.
10. Provision of professional development opportunities, training, and upskilling for teleworkers.
11. Powers and duties of inspectors responsible for enforcing the law.
12. Penalties of up to €10,000 for violators.
As mentioned above, once approved by the Council of Ministers, the matter will be presented for discussion in the relevant parliamentary committee and subsequently the final draft legislation will be submitted to the plenary session of the House of Representatives for voting.
In the bigger picture, the COVID-19 pandemic has brought about significant changes in remote work trends. Studies show that remote employees are saving an average of 40 minutes each day by eliminating commuting time. Video calls have increased by 50% since 2020 as people rely on virtual meetings. During the pandemic, close to 70% of full-time workers shifted to remote work. Moreover, a majority (59%) of individuals express a preference for employers who offer remote work opportunities compared to those who don't.