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Cyprus
 


Source and scope of regulations - 2012    

References
  • Termination of employment Act No. 24 of 1967, as amended up to Act 111(1) 2003 [TEA] (in Greek only)
    Date: 25 Jul 2003; view website » (view in NATLEX »)
  • Collective Dismissals Act, No. 28(I) of 2001 [CDA] (in Greek only)
    Date: 09 Mar 2001; view website » (view in NATLEX »)
  • Protection against Maternity Act, No. 200(I) of 1997, as amended up to Act 70(I) of 2011, published on 29 April 2011 (in Greek only)
    Date: 29 Apr 2011; view website »
Scope
Size of enterprises excluded (≤): 20
Workers' categories excluded: civil/public servants; police; army

Types of employment contracts - 2012    

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Maximum probationary (trial) period: 24 month(s)

Fixed term contract (FTC):
  • FTC regulated: Yes
  • Valid reasons for FTC use: no limitation
  • Maximum number of successive FTCs: no limitation
  • Maximum cumulative duration of successive FTCs: no limitation
  • % of workforce under FTC: 15.3 %

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

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Obligation to provide reasons to the employee: No

Valid grounds (justified dismissal): economic reasons; worker's conduct; worker's capacity

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; disability; parental leave; participation in a lawful strike

Workers enjoying special protection: pregnant women and/or women on maternity leave; workers with family responsibilities

Procedural requirements for individual dismissals - 2012    

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Notification to the worker to be dismissed: written

Notice period:
    • tenure ≥ 6 months
      • 1 week(s).
    • tenure ≥ 9 months
      • 1 week(s).
    • tenure ≥ 2 years
      • 4 week(s).
    • tenure ≥ 4 years
      • 6 week(s).
    • tenure ≥ 5 years
      • 7 week(s).
    • tenure ≥ 10 years
      • 8 week(s).
    • tenure ≥ 20 years
      • 8 week(s).

    Pay in lieu of notice: Yes

    Notification to the public administration: No

    Notification to workers' representatives: No

    Approval by public administration or judicial bodies: No

    Approval by workers' representatives: No

    Procedural requirements for collective dismissals for economic reasons (redundancy, retrenchment) - 2012    

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    Definition of collective dismissal (number of employees concerned):
    At least, over a period of 30 days:
    1) 10 employees in undertakings with 20 to 99 employees;
    2) 10 % of the employees in undertakings with 100 to 299 employees;
    3) 30 employees in undertakings with at least 300 employees.

    Prior consultations with trade unions (workers' representatives): Yes

    Notification to the public administration: Yes

    Notification to workers' representatives: Yes

    Approval by public administration or judicial bodies: No

    Approval by workers' representatives: No

    Priority rules for collective dismissals (social considerations, age, job tenure): No

    Employer's obligation to consider alternatives to dismissal (transfers, retraining...): Yes

    Priority rules for re-employment: Yes

    Severance pay and redundancy payment - 2012    

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    Severance pay:
    • tenure ≥ 6 months: 0 month(s)
    • tenure ≥ 9 months: 0 month(s)
    • tenure ≥ 1 year: 0 month(s)
    • tenure ≥ 2 years: 0 month(s)
    • tenure ≥ 4 years: 0 month(s)
    • tenure ≥ 5 years: 0 month(s)
    • tenure ≥ 10 years: 0 month(s)
    • tenure ≥ 20 years: 0 month(s)
    Redundancy payment:
    • tenure ≥ 6 months: 0 week(s)
    • tenure ≥ 9 months: 0 week(s)
    • tenure ≥ 1 year: 0 week(s)
    • tenure ≥ 2 years: 4 week(s)
    • tenure ≥ 4 years: 8 week(s)
    • tenure ≥ 5 years: 10.5 week(s)
    • tenure ≥ 10 years: 23 week(s)
    • tenure ≥ 20 years: 55.5 week(s)

    Notes / Remarks
    1) Dismissal based on the employee's conduct or capacity: no statutory severance pay.
    2) Economic dismissal: redundancy payment.

    Avenues for redress (penalties, remedies) and litigation procedure for individual complaints - 2012    

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    Compensation for unfair dismissal - free determination by court: No

    Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
    Statutory compensation for unfair dismissal is calculated following the scheme of redundancy payment. It varies according to the length of service and is limited to 24 months.

    Reinstatement available: Yes

    Preliminary mandatory conciliation: No

    Competent court(s) / tribunal(s): ordinary courts; labour court

    Existing arbitration: No

    Source of additional information - 2012    

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    Links

    ILO Committee of Experts on the Application of Conventions and Recommendations - Comments on the ILO Termination of Employment Convention, 1982, No. 158 »