Cyprus: The implementation of the EU posted workers directive
The Republic of Cyprus has implemented the EU Directive 2014 on the posting of workers whereby employers (for example EU companies) sponsoring posted workers for new assignments in Cyprus must notify the Ministry of Labor and also provide thorough information on the posting. This was not a requirement previously. Furthermore host companies are obliged to keep copies of the posted worker’s service agreement and also an A1 form as evidence that the posted worker is enrolled in social security in his country. The above changes therefore ensures that both employers as well as the foreign nationals take into account all of the requirements that are required to be prepared before completing the application for posted worker applications in Cyprus.
As regards to non EU nationals who have work permits in other EU countries they may also be posted to work in Cyprus but will need to ensure to undergo in addition to the procedure as per this EU Directive 2014, also to obtain an entry permit before coming to Cyprus.
The notification to the Ministry of Labor consists of amongst others the following information:
(i) The name and address of the host company in Cyprus;
(ii) The exact address where the posted worker shall provide its services;
(iii) The name of the person who shall be in charge of the posted worker in the Republic of Cyprus;
(iv)The name and the address of the entity to whom the services shall be provided to;
(v)The nature of the work to be performed;
(vi)The commencement date as well as the termination date of the assignment and
(vii) The name, passport information, date of birth and the job title of the posted worker.
It is vital to note that employers are obliged to notify the Ministry of Labor before the assignment of the posted worker commences and also one month prior to the expiry of the posting in cases where the employer wishes to obtain the approval for a renewal for the particular posted worker. Moreover any changes to the above information have to be notified to the Ministry of Labor as soon as they are known by the employer.
For further information on this topic please contact
Ms. Nada Starovlah (nstarovlah@pittaslegal.com) at SOTERIS PITTAS & CO LLC,
by telephone (+357 25 028460) or by fax (+357 25 028461)
The content of this article is intended to provide a general guide to the subject matter. Specialist advise should be sought about your specific circumstances.
