New Law On Workplace Violence And Harassment

On 11 April 2025, the Law 42(I)/2025, titled "The Prevention and Combating of Violence and Harassment in the Workplace Law of 2025" (the "Law"), was officially published in the Republic of Cyprus' Official Gazette.

The main objectives of the Law are to:

Prevent and combat violence and harassment in the workplace;
Protect whistleblowers, victims and witnesses from victimisation or retaliation against them;
Safeguard the privacy and confidentiality of all persons involved, ensuring confidentiality requirements are not misused; and
Recognise the impact of domestic violence and, to the extent reasonably practicable, mitigate its impact on work.

The Law applies to employees, employers and third parties:

For employees, it covers acts connected to their employment and their behaviour in the workplace, which constitutes violence or harassment.
For employers, it covers acts or conduct arising from the submission of complaints or reports, or opposition to violence or harassment in the workplace.
For third parties, it applies to those with a client or contractual relationship, or who provide services at the workplace or to the employer, as well as to members of the public visiting the workplace, with regard to acts or conduct constituting violence or harassment.

However, the Law does not cover acts or omissions that constitute discrimination based on:

gender, in accordance with the Equal Treatment of Men and Women in Employment and Vocational Training Law; and
racial or ethnic origin, religion or belief, age, or sexual orientation, as provided by the Equal Treatment in Employment and Work Law.

Violence and Harassment in the Workplace as criminal offences:

The Law criminalises both violence and harassment in the workplace.

For the purposes of the Law, the terms violence, harassment, and workplace are defined as follows:

Violence is defined as:

"An act, omission, practice, or behaviour, including threats, that has as its purpose or result—or as a consequence may cause—physical, sexual, psychological, or economic harm or injury to the victim, carried out in the workplace, occurring either as a single incident or repeatedly".

Harassment is defined as:

"Unwanted conduct in the workplace by the recipient, which has the purpose or effect of violating or offending a person's dignity and creating an intimidating, hostile, degrading, humiliating, or offensive environment".

"Workplace" is defined as the place where work is performed or any place connected to or arising from the performance of work, and includes:

the public and private space surrounding the workplace;
any place where the employee is paid, takes rest or meal breaks, or uses sanitary, washing, and changing facilities;
any place where tours or travel take place, or where professional training or education, events, or work-related social activities are conducted;
work-related communication, including communication enabled by information and communication technologies;
accommodation provided by the employer; and
commuting to and from the workplace.

Under the Law, a person who knowingly, or who ought to have known, engages in conduct that constitutes or incites violence or harassment against another person in the workplace commits a criminal offence. A person is deemed to know/ought to know if a reasonable person in the same circumstances would consider such conduct as constituting or inciting violence or harassment.

Upon conviction, they face imprisonment for up to 3 (three) years, a fine up to €10,000 (Ten Thousand Euros), or both, unless more severe penalties apply under other laws.

Obstructing or attempting to obstruct the filing of complaints or engaging in retaliatory actions against complainants is also a criminal offence, punishable by up to 2 (two) years imprisonment, a fine up to €5,000 (Five Thousand Euros), or both.

Criminal liability of legal persons:

The Law establishes criminal liability for legal persons.

Specifically, a legal person is liable for:

offences under the Law committed by an individual acting alone or as a member of its governing body who holds authority to represent, make decisions for, or exercise control over the legal person; and
offences committed as a result of inadequate supervision or control by such an individual, which has enabled a subordinate to commit the offence.

This liability of the legal person does not exclude the prosecution of any natural person involved as principal offender, instigator, or accomplice.

If found guilty, the legal person shall be subject to a monetary penalty not exceeding €20,000 (Twenty Thousand Euros). This criminal liability is without prejudice to any civil liability the legal person may also bear.

Obligations of the Competent Authority:

The Minister of Labour and Social Insurance, being the competent authority under the Law, is obligated to inform employees, employers and their representative organisations about the provisions of the Law. This information must be provided in writing through printed materials or any other appropriate means.

The Law also requires employee representative organisations to inform employees about the Law's provisions and the measures taken for their implementation. This may be done through written notices on designated workplace notice boards, distribution of printed materials, oral communication outside working hours, or other suitable methods. Employers are required to facilitate these organisations in carrying out these information activities.

Obligations of Employers:

Employers are required to protect their employees from any acts constituting violence or harassment in the workplace, including retaliation related to complaints or opposition to such acts, in accordance with the Law.

Specifically, employers must:

Implement preventive measures and develop, in consultation with employees and their representatives, a workplace policy to combat violence and harassment.
Upon becoming aware of any incident or its consequences, take all appropriate steps to stop it, prevent recurrence, remedy its effects on the victim and avoid re-victimisation. Such measures may include compliance recommendations, changes in position, working hours, location, or work methods, where feasible.
Receive, investigate and handle all complaints or reports with impartiality, confidentiality, respect for human dignity and protection of personal data of all parties involved.
Maintain safe, fair and effective complaint investigation mechanisms.
Promptly take all necessary actions within their responsibility to prevent violence and harassment. Employers who draft and implement a code of conduct to prevent such acts are deemed to have fulfilled this obligation. Failure to do so may result in joint liability with the perpetrator.
Draft, in consultation with employee representatives, a clear and understandable code of conduct addressing:
1. The code of conduct's scope;
2. Identification of punishable acts including unwanted behaviours;
3. Definitions of objective and subjective elements of punishable acts;
4. Procedures for submitting complaints and relevant authorities;
5. Obligations of employers and employees;
6. Measures and procedures with regard to punishable acts;
7. Any additional elements necessary for effectiveness.

This code does not exempt employers from their obligation to inform employees under the Law.

Appoint one or more trained employees responsible for ensuring compliance with the code and handling complaints related to violence or harassment.
Promote a workplace culture against violence and harassment through organised and systematic cooperation with employees and their representatives by:
1. Taking measures to prevent, control, limit and address such acts and monitor incidents;
2. Providing information and training on the code, risks, prevention, protection measures and the rights and responsibilities of all parties;
3. Informing employees of rights, obligations, procedures and responsibilities of management and employer representatives in handling incidents, reports, or complaints;
4. Including risks of violence and harassment in workplace risk assessments pursuant to applicable health and safety laws;
5. Recognising the impact of domestic violence on employees and, where reasonably practicable, mitigating its effects through arrangements such as leave of absence, flexible work, or temporary protection from dismissal related to domestic violence.

Detrimental or retaliatory actions against employees:

The Law also safeguards employees from dismissal or any other detrimental change in their working conditions as a result of filing a complaint or grievance related to an offence under the Law, or for resisting or reporting violence or harassment in the workplace.

Specifically, such dismissal or adverse change shall be deemed absolutely null and void unless the employer can demonstrate that it was based on reasons unrelated to the complaint, grievance, or resistance.

These protections apply irrespective of the recipient of the complaint or grievance—whether a natural or legal person, organisation, authority, or professional body, at the national or international level—and regardless of the method or forum used to submit it, including legal proceedings.

The Law further extends these protections, with necessary adaptations, to any individual who assisted the employee in pursuing or supporting the complaint or grievance, including by providing testimony, whether in or out of court.

Complaint to the Chief Inspector, Inspectors and Commissioner:

The Law affords protection to any person who considers himself to have been aggrieved by a violation of its provisions.

Such individuals may submit complaints to:

the Chief Inspector and Inspectors, pursuant to the provisions of the Law, even if the employment relationship within which the alleged violence or harassment occurred has ended;
The Commissioner for Administration and the Protection of Human Rights (Commissioner), provided they have jurisdiction under the Law on the Commissioner for Administration, may act accordingly. In doing so, the Ombudsman exercises all powers conferred by that Law.

Protection of Data:

It is understood that, in exercising their powers under the Law, the competent authority, the inspectors, the Commissioner, as well as the employer, must ensure the protection of personal data that is collected and processed. This must be done in accordance with the applicable personal data regulation, namely:

the General Data Protection Regulation (GDPR); and
the Law on the Protection of Natural Persons with regard to the Processing of Personal Data and on the Free Movement of such Data.

Next Steps:

The Law represents a significant step forward in the prevention and combating of violence and harassment in the workplace.

As a preliminary measure to ensure compliance with its provisions, all employers are required to prepare a relevant code of conduct that addresses the applicable requirements in accordance with the provisions of the Law, as well as to ensure that the relevant preventive mechanisms are in place.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.