Teleworking in Cyprus: A Practical Guide for Employers and HR

Teleworking, once considered an exception, is now an established part of the modern workplace. In Cyprus, it is governed primarily by the Regulation of the Organizational Framework of Telecommuting Law 2023(L.120(I)/2023) and the Law 216(I)/2022 on Paternity, Parental, Care, Force Majeure Leave and Flexible Work Arrangements, which implements the EU Directive on work-life balance. Employers and HR professionals must understand their obligations to ensure compliance, protect employees’ rights, and mitigate legal risks.

Equal Treatment and Protection

Employees working remotely enjoy the same rights and obligations as their colleagues in the office. Employers cannot discriminate against teleworkers in terms of pay, career development, or access to training. This principle of parity is codified in Article 7 of the law, ensuring that teleworking is not used as a basis for less favourable treatment.

Furthermore, Article 8 requires that performance evaluation systems respect the employee’s right to privacy and data protection. Before implementing monitoring tools, employers must carry out a data protection impact assessment under Article 35 of the GDPR (Regulation (EU) 2016/679) and consult the Data Protection Commissioner if necessary (Article 36 GDPR).

Health and Safety Responsibilities

Employers remain responsible for ensuring a safe and healthy teleworking environment. This includes:

• Conducting a risk assessment under Article 9 of the law, adapted to the home office or remote work setting.

• Informing employees of potential hazards and the measures required to mitigate them.

• Providing clear instructions on ergonomics, use of IT equipment, and measures for the prevention of occupational risks

Failure to comply can expose employers to liability, as health and safety obligations are non-negotiable regardless of where work is performed.

Digital Tools, Availability, and the Right to Disconnect

Employers may impose reasonable restrictions on the use of IT equipment and the internet during telework. They must also set clear expectations about availability, tele-readiness, and response times, in line with the Organisation of Working Time Law.

At the same time, teleworkers enjoy a statutory right to disconnect. Employers are prohibited from penalising employees who exercise this right. Under Article 26, the technical and organisational measures needed to ensure disconnection from digital communication and work tools must form part of the telework agreement. If no agreement is reached, these measures are determined by the employer and communicated to all staff.

This provision aligns Cypriot law with broader European initiatives to safeguard work-life balance in an “always on” digital culture.

Data Security and Confidentiality

Teleworking entails handling business and personal data outside the employer’s premises. Employers must therefore establish robust policies and technical safeguards to secure professional and personal data processed remotely. Measures may include:

• Encryption of devices and secure VPN connections.

• Regular training on data protection obligations.

• Clear protocols for reporting data breaches.

Article 7(1)(ζ) of the law explicitly requires employers to protect business data and employees’ personal data in teleworking contexts

Complaint Procedures and Enforcement

If an employer fails to comply with teleworking provisions, employees may file a complaint with the Labour Inspector. Importantly, under Article 26, the submission of a complaint suspends the limitation period for filing a claim in the Labour Disputes Court.

In legal proceedings, the burden of proof shifts to the employer: once the employee establishes facts suggesting a violation, the employer must prove that no breach occurred compensation for violations is payable entirely by the employer

Key Takeaways for Employers and HR

1. Equal Treatment: Ensure that teleworkers enjoy the same rights and career opportunities as office-based staff.

2. Health & Safety: Conduct risk assessments and provide guidance on safe teleworking practices.

3. Data Protection: Implement GDPR-compliant monitoring and security measures.

4. Right to Disconnect: Define availability rules while respecting employees’ right to switch off.

5. Clear Policies: Document telework arrangements in contracts or policies, specifying equipment use, performance evaluation, and confidentiality.

6. Complaint Management: Establish internal mechanisms for handling grievances before they escalate to formal complaints or litigation.

Conclusion

Teleworking is no longer an informal or temporary arrangement — it is a legally regulated employment model with significant implications for employers. By proactively adopting compliant telework policies, conducting risk assessments, and safeguarding both data and employee well-being, employers can not only meet their legal obligations but also foster productivity and trust in the modern workplace.

For HR managers and business leaders, the message is clear: telework compliance is both a legal duty and a strategic opportunity.