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Cyprus - Substantive requirements for dismissals

Substantive requirements for dismissals (justified and prohibited grounds) - Cyprus - 2012    

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Obligation to provide reasons to the employee: No
  • Only for collective dismissals is justification explicitly requested in the legislation.
    (sec. 21 TEA (notification to the labour administration) and sec.4-5 CDA (consultation with the trade union representatives).
    No such provision exists with regard to individual dismissals based on the worker's conduct or capacity.

Valid grounds (justified dismissal): economic reasons; worker's conduct; worker's capacity
  • Sec. 5 TEA. As a general rule, dismissal is deemed unfair unless the employer proves the existence of one of the reasons exhaustively listed in the legislation.
    "These are:
    - the employee fails to carry out his or her work in a reasonably efficent manner,
    - the employee becomes redundant,
    - termination is due to an act of god or force majeure,
    - the contract is for a fixed-term and has expired or the employee has reached the normal age of retirement,
    - the employment relationship cannot be expected to continue (the employee is guilty of gross misconduct, a criminal offence or immoral behaviour in the course of his or her duties, the employee repeatedly disregards his or her work and duties)"
    (see European Commission, Termination of Employment Relationship - Legal situation in the following Member States of the European Union: Bulgaria, Cyprus, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Romania, Slovakia and Slovenia, 2007, p. 51.)

Prohibited grounds: marital status; pregnancy; maternity leave; filing a complaint against the employer; race; colour; sex; religion; political opinion; social origin; nationality/national origin; trade union membership and activities; disabilities; parental leave; participation in a lawful strike
  • Sec. 6 TEA
    See also, European Commission Study, TER, 2007, p.56.

Workers enjoying special protection: pregnant women and/or women on maternity leave; workers with family responsibilities
  • See: Maternity Protection Act (No. 100(I)/97, as amended in 2011), sec. 4:
    Prohibition to give notice for termination to pregnant women after the announcement of pregnancy and up until 3 months after the expiry of the maternity leave and to women on adoption leave. However, this does not apply when the employed woman is found guilty of a serious offence or behaviour justifying termination of the employment relationship, when the undertaking ceases its activities, or when the contract period has come to an end (sec. 4B)