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Cyprus - Working time - 2009


LAST UPDATE

24 April 2009

SOURCES


Name of Act

Organisation of Working Time Law,
Law 63(1)/2002, as amended to Law 15(1)/2007.

Name of Act

A Law to provide for Part-Time employees,
Law 76(1) of 14 June 2002, as amended by Law 14(I)/2007 and Law 55(1)/2007.

Name of Act

Protection of Young Persons at Work Law,
Law No. 48(I)/2001.

Name of Act

The Parental Leave and Leave on Grounds of Force Majeure Law,
Law No. 69 (I)/ 2002, as amended by Law 111(I)2007.

LEGAL DEFINITIONS


Working time/working hours

Any period during which a worker is at work, at the employer’s disposal and carrying out activities or duties.
Organisation of Working Time Law §2

Part-time work(er)

An employee whose hours of work, calculated on a weekly basis or as an average over a one year period, are less than the normal hours of a comparable full-time employee.
A Law to provide for Part-Time employees §2

Night work(er)

Night work is work between 23.00 and 6.00h.
A night worker is any worker who works at least three hours of his daily working time during the period between 23:00 and 6:00 for a period of at least 7 consecutive working days or who is likely during night time to work at least 726 hours of his or her annual working time.
Organisation of Working Time Law §2

Shift work(er)

Shift work shall mean any method of organising groupwork whereby workers succeed each other in the same work according to a certain pattern, including a rotating pattern, and which may be continuous or discontinuous, entailing the need for workers to work at different times over a given period of days or weeks.
Organisation of Working Time Law §2

Young worker

A young worker is a worker under 18 years of age.
An adolescent is any person who is not under 15 years of age and not over 18 years of age. A child is a person under 15 years of age.
Protection of Young Persons at Work Law No. 48(I)/2001

NORMAL HOURS LIMITS


Daily hours limit


General limit

No general limit.

Special categories


» Night work

8 hours average for each 24 hour period, within a period of one month or over another reference period as provided for in a collective agreement.

Organisation of Working Time Law §9(1), 9(2) and 9(3)
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» Young workers

No child (person under 15 years of age) nor any adolescent below 16 years of age can be employed for more than seven and one-quarter hours per day.No adolescent between 16 and 18 years of age shall work more than 7 hours 45 minutes on any day. Exceptions exist.
Protection of Young Persons at Work Law
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Weekly hours limit


General limit

The average weekly working time over a reference period of 4 months may not exceed 48 hours including overtime (Maximum hours limit).
Organisation of Working Time Law §7
Historical data (year indicates year of data collection)
  • 2007: The average weekly working time over a reference period of 4 months may not exceed 48 hours including overtime (Maximum hours limit).
  • 1995: 44-54 hours.

Reference period(s)

4 months
Organisation of Working Time Law §7(3)

Exceptions

Subject to the worker’s consent and the approval of the relevant government agency, the 48 hour limit may be exceeded or a reference period of more than 4 months applied, under specified circumstances.
Organisation of Working Time Law §7(4), 16(2)
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Special categories


» Young workers

No child (person under 15 years of age) nor any adolescent below 16 years of age can be employed for more than 36 hours per week. A child who has attained the age of 14 and was released from his obligation to attend school can be employed for vocational or occupational training.
No adolescent between 16 and 18 years of age shall work more than 38 hours per week.
Protection of Young Persons at Work Law

OVERTIME WORK


Limits on overtime hours


General limits

The average weekly working time over a reference period of 4 months may not exceed 48 hours including overtime (Maximum hours limit).
Organisation of Working Time Law §7
Historical data (year indicates year of data collection)
  • 2007: The average weekly working time over a reference period of 4 months may not exceed 48 hours including overtime (Maximum hours limit).
  • 1995: 2 hours per day in commerce, offices and retail shops. 8 to 10 hours per week in services.

Compensation for overtime work


Overtime rate(s)

No general statutory provisions. Overtime pay is only regulated for specific employees (hotel, catering, shop assistants).
Historical data (year indicates year of data collection)
  • 1995: n.a.

Special categories


Young workers

Overtime work is prohibited for adolescents (15 to 18 years).
Protection of Young Persons at Work Law +C51

REST PERIODS


Rest breaks


General provisions

15 minutes after no more than 6 hours of work.

The break should not be taken immediately after the start or immediately before the end of the working day.
Organisation of Working Time Law §5
Historical data (year indicates year of data collection)
  • 2007: 15 minutes after no more than 6 hours of work. The break should not be taken immediately after the start or immediately before the end of the working day.
  • 1995: 30 -minute break every 4,5 hours for young persons.

Exceptions

Derogations from the prescribed rest breaks are allowed by means of collective agreements or agreements between employer and workers` representatives, on condition that the workers concerned are afforded in general equivalent periods of compensatory rest, inter alia in case of
- security and surveillance activities requiring a permanent presence in order to protect property and persons
- activities involving the need for continuity of service or production
- in the case of accident of imminent risk of accident.
Organisation of Working Time Law §16(2)

Daily rest periods


Duration

11 hours
Organisation of Working Time Law §4(1)
Historical data (year indicates year of data collection)
  • 2007: 11 hours
  • 1995: No legal provision.

Exceptions

Derogations from the daily rest period are allowed by means of collective agreements or agreements between employer and workers` representatives, on condition that the workers concerned are afforded in general equivalent periods of compensatory rest, inter alia in case of
- security and surveillance activities requiring a permanent presence in order to protect property and persons
- activities involving the need for continuity of service or production
- in the case of accident of imminent risk of accident.
Organisation of Working Time Law §16(2)

Weekly rest periods


Duration


» General

24 consecutive hours minimum
Organisation of Working Time Law §6
Historical data (year indicates year of data collection)
  • 1995: No legal provision.

» Exceptions

The minimum rest period may be reduced if this is justified by objective or technical reasons or due to the conditions concerning the organisation of work.
If the employer so decides, a worker shall be entitled to either 2 rest periods of 24 consecutive hours each in any 14-day period, or one continuous rest period of a minimum of 48 hours each 14 days.

Derogations from the weekly rest period are allowed by means of collective agreements or agreements between employer and workers` representatives, on condition that the workers concerned are afforded in general equivalent periods of compensatory rest, inter alia in case of
- security and surveillance activities requiring a permanent presence in order to protect property and persons
- activities involving the need for continuity of service or production
- in the case of accident of imminent risk of accident.
Organisation of Working Time Law §6, 16(2)

ANNUAL LEAVE AND PUBLIC HOLIDAYS


ANNUAL LEAVE


Duration


» General

20 working days for 5-day workweek; 24 working days for 6-day workweek.
Organisation of Working Time Law §8(1)
Historical data (year indicates year of data collection)
  • 2007: 20 working days for 5-day workweek; 24 working days for 6-day workweek
  • 1995: No legal provision.

EMERGENCY FAMILY LEAVE

Employees are entitled to unpaid leave of up to 7 days each year for urgent family reasons, in cases of sickness or accident to any dependent family member (child, husband/wife, sister, grandfather, grandmother) that makes the immediate presence of the employee indispensable.
The Parental Leave and Leave on Grounds of Force Majeure Law §12

PART-TIME WORK


Right to equal treatment


Right/scope

A part-time employee should not be treated less favourably than a comparable full-time employee for the reason that he or she works on a part-time basis, unless the different treatment is justified on objective grounds.

Where appropriate, the principle of pro rata temporis should apply. The part-time employee is entitled to any remuneration or benefit to which a comparable full-time employee is entitled in proportional to his or her hours.
A Law to provide for Part-Time employees §5 and 6(2)

NIGHT WORK


Criteria for night work

An employer who employs night workers on a regular basis should inform the competent authority of that fact in writing.
Organisation of Working Time Law §10

Limits


Daily hours limit

Night work should not exceed on average 8 hours for each 24 hour period, within a period of one month or over another reference period as provided for in a collective agreement.

In no way, a night worker whose night work entails specific risks or significant physical or mental stress can work at night for more than 8 hours in any 24-hour period. In addition, where it is not determined by legislation or collective agreement, the conditions to perform this type of night work must be agreed by consultation between the employer and representatives of the workers.

Derogations from the night work limit are possible.
Organisation of Working Time Law §9(1), 9(2), 9(3), 16(2)
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Workers' health

An employer should ensure that before any worker commences night work for the first time, and at regular intervals thereafter, the worker undergoes, free of charge, the necessary medical examinations in order to ascertain whether he or she is fit for the specific work to be performed.
Organisation of Working Time Law §10

Transfers

If a medical examination proves that night workers have any health problems caused by night work, they should be transferred, when possible, to day work to which they are suited.
Organisation of Working Time Law §10

Special categories


Young workers

Young persons of 15 years of age, but under 18 years shall not work between 11:00 pm and 7:00 am, except as specified in regulations, but nevertheless adolescents are not allowed to work between midnight and 4:00 am.
Organisation of Working Time Law §11(1)
Protection of Young Persons at Work Law

Pregnant workers/recent birth

The relevant provisions (Article 7) of ILO C171 Night Work Convention 1990 shall apply.

Pregnant workers and workers with recent birth should have an alternative to night work, such as transfer to day work, the provision of social security benefits or an extension of maternity leave.

They can not lose the benefits regarding status, seniority and access to promotion attached to their regular night work position.
Organisation of Working Time Law §11(2)

SHIFT WORK


Schedule

An employer who intends to organise work according to a certain pattern shall take into account the general principle of adapting work to the worker, with a view to health and safety requirements, especially regarding rest intervals.
Organisation of Working Time Law §14

CASUAL WORK


General provisions

A part-time employee works on a casual basis if he/she:
(1)has not been employed by the same employer for a total of more than eight weeks in a year, with a maximum period of continuous employment in each instance of three weeks; and
(2)has not been employed continuously for a total of more than five hours a week.
A Law to provide for Part-Time employees §5 and 6(2)

SHORT-TIME WORK/WORK-SHARING


General provisions

No provisions identified.

RIGHT TO CHANGE WORKING HOURS


Employer duties

The employer should examine the request of employees in relation to their transfer from full-time to part-time employment and the opposite that becomes available in the undertaking or for an increase in their working time. The employer shall also provide timely information on the availability of part-time and full-time positions in the undertaking in order to facilitate transfers.
A Law to provide for Part-Time employees §9

Results generated on: 23rd November 2014 at 04:30:57.
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