Do Employers Have A Duty To Provide Written Information On Basic Terms And Conditions Of Employment?

Several employers in Cyprus establish their employment relationship with their employees entirely on verbal communication, agreements or understanding. It should be highlighted, that in these cases, the employers violate the Law on Transparent and Predictable Working Conditions (25(I)/2023) of the Republic of Cyprus (hereinafter referred to as "the Law"). The Law was enacted and entered into force on 13/04/2023 in order to harmonize the Cypriot Legislation with the provisions set out in the European Union (EU) Directive 2019/1152 and imposes an extensive duty on the employer to provide written information to the employee regarding the essential aspects of the latter's employment, making it imperative for the employer to be aware of the basic provisions of the Law.

The Law applies to all employees who are employed in the Republic of Cyprus, including part-time employees, whose employment duration is not predetermined, prior to the commencement of the work.

The Law excludes from its protection, employees who have a predetermined total duration of employment, not exceeding (3) three hours of working time per week (averaged over a reference period of (4) four weeks), as well as, seafarers and sea fishermen.

In the event that the employer is the Republic of Cyprus, the duty to provide information regarding the essential aspects of the employment relationship, also applies to Public Servants. Nevertheless, the Law excludes the latter, from certain other new provisions regarding work rights. For those interested in obtaining further insights regarding the new set of employees' rights introduced by the Law, please be referred to our article titled: «Law on Transparent and Predictable Working Conditions: A new era in employee's rights».

The employer must provide information on the essential aspects of the employment, as referred to in Article 11(3) of the Law and listed as follows:

1. The identities of the parties to the contract or employment relationship.
2. The place of work and address of the employer.
3. The category, nature of the job for which the worker is employed or a brief description of the job.
4. The date of commencement of the contract or employment relationship`.
5. in the case of a fixed-term contract or employment relationship, the end date or the expected duration thereof.
6. In the case of temporary agency workers, the identity of the user undertaking when and as soon as it is known.
7. The duration and conditions of the probationary period.
8. The training entitlement provided by the employer, if any, for in the contract or employment relationship.
9. The amount of paid leave to which the employee is entitled.
10. The termination procedure including notice periods.
11. The remuneration including the basic salary, frequency and method of payment.
12. The duration of the standard working day or week & shift change.
13. Information regarding working hours when the working time schedule is entirely or mostly unpredictable, including reference hours and minimum notice and deadline for exercising the employee's right to cancel the assigned work.
14. Any collective agreements that may govern the employee's working conditions.
15. Information on the regulatory body that collects social security from the employer.

In which cases could the employer's actions be considered contrary to the provisions of the Law?

1. If an employment relationship is established due to the provision of work by the employee to the employer, but the employer has chosen not to sign an employment contract between himself and the employee, then the employer must be aware that, based on the provisions of the Law, he must provide the employee, in some written form including via electronic means, with the essential features of the employee's work. In short, even if the employer avoids the entry into a written employment contract between himself and the employee, he cannot "evade" his legal obligation to inform the employee in writing and promptly of the basic terms of his employment. More specifically, the Law prescribes the timing within which the information must be given, i.e. if the relevant information has not been provided to the employee prior to the commencement of the employment relationship, then the employer must provide it in writing no later than one month after the first day on which the contract or employment relationship commences.

2. If there is a change in the essential aspects of employment, the employer is again obliged to inform the employer, promptly, by any written means.

3. The Law establishes the right to appoint an inspector. These are, the Inspectors of Labour Relations, of the Department of Labour Relations, (hereinafter referred to as the «Inspectors»). The employer will be required to keep records and accessible information for inspection by the Inspectors, who have the authority to investigate whether or not the provisions of the Law are being implemented and complied with[1].

4. The employee has the right to file a complaint to the Inspectors if the employer has not provided him/her with the information in writing regarding his/her work. The competent Inspector shall notify the employer in writing of the employee's claim for remedial action, and the employer shall provide the information in writing within one month.

5. Violation of the right to provide information to the employee is an offence under the Law and carries a maximum penalty of a fine of €5,500 euros (Euro five thousand five hundred).

6. An employer is prohibited from terminating an employee's employment contract or treating employees unfavorably because of an employee's complaint against the employer by reason of the latter's failure to comply with the provisions of the Law. Prohibition of Victimization.

7. In the event that actual facts for dismissal are established, the employer has the obligation to prove that the dismissal was based on other legal reasons and not because the employee was dismissed due to the employer's failure to comply with some of the provisions of the Law.

8. In the event that the employee seeks recourse with the competent Employment Disputes Tribunal, putting forward claims for unlawful termination of employment alleging that the dismissal by the employer occurred as a result of complaints brought by the employee against the employer for violation of the provisions of the Law, the burden of proving that there was no such violation rests with the employer (Section 25 of the Law). In addition, the employer is further required to prove that the dismissal was based on lawful grounds and was not instigated as a result of the employee's complaint (Section 24 of the Law).

Conclusion

Having in mind that the labour market has undergone radical changes that have led to the creation of new forms of employment, we observe, an increased need for employers to fully inform employees regarding the key aspects of employment on the one hand and, on the other the need to maintain the adaptability and competitiveness of companies in the new labour market conditions and as a result the need by employers to obtain specialized legal advice is on the rise.

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.