Parliament Approves the Bill on Telework
A Look at the New Law and Its Implications
The Plenary of the Parliament approved the bill on telework with the aim of regulating the working conditions that govern it. In the discussion that followed, it was stated by almost all parties that significant improvements were made to the bill and that, if properly implemented, the benefits would be multiple. It is worth noting that the legislation does not currently cover the public sector, and the Government has committed to regulate telework in the public sector by 2024, possibly with a new bill.
According to the bill, telework is defined as the provision of work by the employee remotely using technology, under a contract of full-time, part-time, or other forms of employment, which could also be provided from the employer's premises or a workplace outside the employer's facilities.
The regulations, based on the revised text, also include employees of public law entities and local government authorities. The bill also refers to the application of telework on a voluntary basis, following an agreement between the employer and the employee.
The exceptional application of telework is made by the employer's decision, for reasons of public health protection, and after the issuance of a relevant decree by the Minister of Health, under the provisions of the Infectious Diseases Law, and following an application by the employee, in cases where there is a documented risk to their health if they work at the employer's facilities, which can be avoided if the employee works remotely, for as long as this risk persists.
The bill includes the imposition of an obligation on the employer to cover the costs incurred by the employee from the provided telework, as well as to provide the necessary technical support to the employee for the provision of telework and the obligation of the employer to inform the employees about the substantial terms of the contract or employment relationship that differ due to telework, in printed or electronic form, within eight (8) days from the start date of the telework.
Also included in the bill is the provision of protection and securing of the labor rights of employees working with telework, as well as the prohibition of any adverse discrimination against an employee who does not agree to work in the form of telework, and the obligation of the employer to evaluate the performance of the teleworker in a way that respects their private life and ensures the protection of the employee's personal data.
Other provisions include the obligation of the employer to conduct a written risk assessment from telework, to adequately ensure the safety and health conditions of employees working with telework, and the provision of the right of employees working with telework to disconnect from the electronic means of providing telework, which consists of the right of the employee to completely abstain from providing their work outside the agreed working hours.
Moreover, the bill includes a provision for the appointment and powers of inspectors whose main task is to ensure the full and effective implementation of the proposed legislative framework, the establishment of the offense of obstructing the work of the inspector, which is punishable by imprisonment not exceeding six (6) months and/or a fine not exceeding ten thousand euros (€10,000), and the establishment of the offense of violation by the employer of any of the proposed provisions, which is punishable by a fine the amount of which cannot exceed ten thousand euros (€10,000).
Also, the bill includes the provision of authority to the Minister of Labor and Social Insurance to issue decrees on issues that include, among other things, the determination of specific safety and health rules during telework, as well as the minimum technical and organizational means that ensure the exercise of the right to disconnect and the determination of the inspection procedure by the inspectors, as well as any other technical detail related to the checks that will be conducted for the effective implementation of the proposed legislative framework.
It is worth noting that, as stated in the labor committee during the discussion of the bill, the regulation of telework in the public service by the end of the year 2024 is included in the commitments of the Republic of Cyprus within the framework of the implementation of the Recovery and Resilience Plan, for which the Ministry of Finance is materially competent.
Provisions were introduced in the bill to dispel various concerns that were expressed, including a provision that introduces an explicit prohibition on the employer to continuously monitor the employee using a camera or other similar intrusive application to control the employee's performance.
In cases where an employee requests to work with telework for reasons of documented health risk and the employer disputes this risk, the relevant examination is undertaken by medical councils as defined under the provisions of the Social Insurance (Medical Councils, Second Degree Medical Council, and Specialist Doctors) Regulations, instead of being determined by the decision of the Minister of Labor and Social Insurance.