{"id":14207,"date":"2023-12-18T13:06:51","date_gmt":"2023-12-18T11:06:51","guid":{"rendered":"https:\/\/fzmayuxbif.wpdns.site\/?p=14207"},"modified":"2024-03-20T14:59:47","modified_gmt":"2024-03-20T12:59:47","slug":"the-new-law-on-teleworking","status":"publish","type":"post","link":"https:\/\/www.kyprianou.com\/he\/the-new-law-on-teleworking\/","title":{"rendered":"The new Law on Teleworking"},"content":{"rendered":"

Having being approved by the Cyprus House of Representatives on the 16th<\/sup>\u00a0of November 2023, the Law which provides for the Regulation of the Framework for the Organization of Teleworking Law of 2023 [Law 120(I)\/2023] (the \u201cLaw<\/strong>\u201d) is now in force with effect from 1st<\/sup>\u00a0December 2023.<\/p>\n

The Law governs the rights and obligations of employers and employees when they agree to teleworking.<\/p>\n

It applies to all employees, regardless of the place of employment, including persons working by virtue of an employment contract or relationship or apprentices, full-time and part-time employees, employees of fixed or indefinite term and employees working on a continuous or non-continuous basis. It also includes persons working in legal entities governed by public law or local authorities.\u00a0In particular, the Law covers private sector employees, public law legal entities and local self-Government authorities, but it excludes:<\/p>\n

(a)\u00a0 \u00a0civil servants, including employees of the workers' service, employees whose remuneration is calculated on a daily basis, employees recruited on a temporary basis in the Public and Education Service;<\/p>\n

(b)\u00a0\u00a0\u00a0 teachers of the public education service;<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 employees of public emergency services;<\/p>\n

(d)\u00a0\u00a0\u00a0 employees of the armed forces and police authorities;<\/p>\n

(e)\u00a0 \u00a0 judges;<\/p>\n

(f)\u00a0 \u00a0 \u00a0investigators; and<\/p>\n

(g)\u00a0\u00a0\u00a0 employees of other law enforcement agencies.\u00a0<\/strong><\/p>\n

The Law does not mandate teleworking. Rather, teleworking can be adopted on an optional basis provided that it is agreed in writing between the employer and the respective employee. Such an agreement can be reached upon the employee\u2019s appointment, by amendment of the employment contract or by collective agreement. Under no circumstances can teleworking adversely affect the terms of employment. Under this basis, the Law prohibits any discrimination against employees who do not consent to teleworking.<\/p>\n

Provided that the work can be provided remotely, teleworking may be applied:<\/p>\n

(a)\u00a0\u00a0\u00a0 following an employer\u2019s decision, for the protection of public health and subject to the issuance of a relevant decree of the Minister of Health pursuant to the Infectious Diseases Law, for the period specified in the aforementioned decree; and<\/p>\n

(b)\u00a0\u00a0\u00a0 at the employees\u2019 request, in case of a documented risk to their health, which is avoided if they work through teleworking as opposed to the employer's premises, for as long as the said risk lasts.<\/p>\n

On this, the Law clarifies that in case an employer disputes the existence of such risk, employees shall have the right to contact an approved doctor for the purpose of documenting the risk to their health from the work environment or in relation to the type of work that is performed. At the same time, the Law entitles employers to request a relevant examination by a Medical Council as provided for in accordance with the provisions of the Social Insurance (Medical Councils, Secondary Medical Council and Medical Specialists) Regulations.\u00a0<\/strong><\/p>\n

Teleworking costs and employer's obligation<\/strong><\/p>\n

As far as teleworking costs and employer's obligations are concerned, the employer is obliged to:<\/p>\n

(a)\u00a0 \u00a0bear the cost borne by employees from teleworking and including the cost of equipment. This would not apply if there is agreement for the use of the employer's equipment, telecommunications and domestic workplace, and the maintenance of equipment and repair of faults.<\/p>\n

(b)\u00a0\u00a0\u00a0 provides employees with the necessary technical support to perform their work. In case of failure of the employer\u2019s devices used for the performance of the employees\u2019 work, which is not due to the employees\u2019 fault, then the employer is obliged to pay the repair costs or to replace them. The obligation also applies to employees\u2019 owned devices, unless otherwise specified in the employment contract or relationship or if the damage occurs by reason of the employees\u2019 fault.<\/p>\n

It is noted that the above-mentioned expenses incurred by the employer do not constitute remuneration. Rather, these are deductible expenses for the employer, and are not subject to any tax or fee nor are insurance contributions owed to the employer or employee. Such expenses are calculated proportionally in terms of the frequency and duration of telework, the provision or not of equipment and any other relevant element.\u00a0<\/strong><\/p>\n

Obligation to inform teleworking employees<\/strong><\/p>\n

The Law requires the employer to inform in writing teleworking employees of the working conditions as these will be differentiated by reason of teleworking within eight (8) days from the date of commencement of teleworking. This applies notwithstanding the provisions of The Transparent and Predictable Working Conditions Law of 2023.<\/p>\n

This information shall, at least, include the following:<\/p>\n

(a)\u00a0\u00a0\u00a0 the right to disconnect;<\/p>\n

(b)\u00a0\u00a0\u00a0 the analysis of the costs as these will periodically burden the teleworking employee from teleworking, including telecommunications costs, equipment and maintenance, and the ways of covering these costs by the employer;<\/p>\n

(c)\u00a0 \u00a0the equipment as this is necessary for the provision of telework, which is available to the teleworking employee for the employer\u2019s benefit or as this is provided by the employer, to the employee as well as the procedures for technical support, maintenance and restoration of faults of this equipment;<\/p>\n

(d)\u00a0\u00a0\u00a0 any restriction on the use of computer equipment or tools, including the internet and any penalties in case of violation of such restriction;<\/p>\n

(e)\u00a0 \u00a0the agreement on tele-readiness, its time limits and the deadlines for the employee's response by teleworking, in compliance with the provisions of the Working Time Organization Law;<\/p>\n

(f)\u00a0 \u00a0 \u00a0the risks and protection and prevention measures during teleworking based on the written risk assessment;<\/p>\n

(g)\u00a0\u00a0\u00a0 the obligation to protect and secure the professional data and personal data of the teleworking employee and the actions and procedures followed to fulfil this obligation; and<\/p>\n

(h)\u00a0\u00a0\u00a0 the supervisor from whom the teleworking employee will be receiving instructions.\u00a0<\/strong><\/p>\n

Rights and obligations of teleworking employees<\/strong><\/p>\n

Teleworking employees have the same rights and obligations as those of comparable employees within the employer's premises. Such rights and obligations include those in relation to their workload, evaluation criteria and procedures, rewards, access to information concerning the employer, training and professional development, trade union activity and unhindered and confidential communication with their trade union representatives.\u00a0<\/strong><\/p>\n

Evaluating the performance of teleworking employees<\/strong><\/p>\n

The employer shall evaluate the performance of teleworking employees in a way that respects their privacy and protects their personal data.<\/p>\n

In this regard, the employer is explicitly prohibited to monitoring employees through the use of a camera or other similar application of an intrusive nature for the purposes of checking the employee's performance.\u00a0<\/strong><\/p>\n

Health and safety at work<\/strong><\/p>\n

Pursuant to the provisions of the Law, and in compliance with the provisions of the Safety and Health at Work Law and the regulations issued pursuant thereto, employers must, inter alia:<\/p>\n

(a)\u00a0\u00a0\u00a0 have at their disposal an appropriate and adequate written assessment of the risks involved with teleworking;<\/p>\n

(b)\u00a0\u00a0\u00a0 determine the preventive and protective measures to be taken on the basis of the written risk assessment; and<\/p>\n

(c)\u00a0 \u00a0 provide such information, instructions and training to ensure the safety and health of their employees.\u00a0<\/strong><\/p>\n

Right to disconnect<\/strong><\/p>\n

Teleworking employees shall have the right to disconnect from the electronic means through which they provide their services remotely using technology for the purposes of applying the provisions of the Transparent and Predictable Working Conditions Law of 2023.<\/p>\n

It should be stressed that any discrimination against teleworking employees for exercising their right to disconnect is prohibited. The technical and organizational means, as these are required to ensure the disconnection of the teleworking employee from the digital communication and work tools, must be agreed between the employer and the employees' representatives and shall constitute mandatory contractual terms of the teleworking contract. For the avoidance of any doubt, in the absence of an employment agreement between an employer and teleworking employees, the means shall be determined by the employers and communicated by them to all their employees.<\/p>\n

Appointment and powers of inspectors<\/strong><\/p>\n

Pursuant to the Law, the Minister of Labour and Social Insurance appoints inspectors for the purposes of performing their duties, responsibilities and powers under the Law. Such inspectors have the usual powers of inspectors which include, without limitation, powers to:<\/p>\n