Telework legislation in Cyprus and its impact on employees and employers
Article by: Constantinos Michael, Head of Legal, Baker Tilly South East Europe
In recent years, telework has become a prevalent mode of work globally, with the COVID-19 pandemic accelerating its adoption. As countries adapt to this shift, the legislation surrounding telework becomes a critical aspect to ensure fair practices for both employees and employers. We, in Cyprus, have not been immune to this trend. Having being approved by the Cyprus House of Representatives on the 16th of 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 “Law”) is now in force with effect from 1st December 2023 and has sparked discussions on its implications for the workforce and businesses.
Telework legislation in Cyprus aims to provide a structured framework for remote work, ensuring the rights and responsibilities of both employees and employers. One significant aspect is the delineation of clear guidelines for teleworking arrangements, such as working hours, data protection, and the right to disconnect. These regulations seek to strike a balance between the flexibility offered by telework and the need for a structured work environment.
The legislation clearly does not make teleworking “compulsory”. It can rather be adopted simply on an opt-in basis assuming that both the Employer and the Employee reach an agreement as to this. It can not however adversely affect one’s terms of employment nor be a basis for discriminatory practices.
From an employee's perspective, the legislation offers newfound flexibility. Remote work allows individuals to create a work-life balance that suits their needs, potentially reducing commuting time and expenses. However, it also raises concerns about the blurring of boundaries between professional and personal life, as the workspace now resides within the home. The legislation addresses these concerns by emphasizing the importance of setting boundaries and allowing employees the right to disconnect after working hours.
Businesses, on the other hand, may face challenges in adapting their management styles to the virtual modus operandi. Monitoring productivity, fostering team collaboration, and ensuring data security becomes of paramount importance, prompting employers to invest in technology and infrastructure to support remote work and places larger emphasis on trust and results-oriented management. Additionally, it highlights the responsibility of employers to provide a safe and ergonomic home working environment for their employees.
The broader implications of telework are however indicative and reflective of a global shift in work culture. The ability to attract (or retain) talent is no longer limited by geographical constraints. Businesses may now tap into a diverse talent pool and foster inclusivity by embracing remote work. However, it also underscores the need for continuous communication and adaptation to maintain a coherent corporate culture.
In conclusion, the telework legislation in Cyprus represents a step towards adapting to the changing dynamics of the modern workforce. While providing employees with flexibility, it challenges employers to rethink traditional management practices. Striking a balance between flexibility and structure is crucial to ensuring the success of telework arrangements. As telework becomes an integral part of the work landscape, ongoing dialogue and adaptation will be key to maximizing its benefits for both employees and employers in Cyprus and beyond.
For any enquiry please contact Constantinos Michael, Head of Legal Services at Baker Tilly South East Europe at [email protected].
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