Part-Time Employment in Cyprus: Legal Framework and Practical Considerations

Part-time employment is a common feature of modern labour markets, offering flexibility for both employers and employees. In Cyprus, the rights and obligations relating to part-time workers are principally governed by the Part-Time Employees (Prohibition of Less Favourable Treatment) Law of 2002, Law 76(I)/2002, as amended (the “Law“). This legislative framework ensures that part-time employees are protected from discrimination and are afforded fair treatment compared to their full-time counterparts.

1. Legal Framework

The Law transposes into Cypriot legislation the principles of equal treatment set out in EU law. While the original 2002 statute included a provision (Article 14) allowing the issuance of implementing regulations, that article was repealed in 2007, and no such regulations are currently in force.

2. Definition of a Part-Time Employee

Under Article 4 of the Law, a “part-time employee” is defined as an individual engaged under a contract of employment, or in circumstances that give rise to an employment relationship, whose working hours—calculated weekly or on average over a one-year period—are fewer than those of a comparable full-time employee.

A “comparable full-time employee” is one who:

• Works in the same establishment as the part-time employee;
• Has the same type of employment contract or relationship; and
• Performs the same or similar work, taking into account factors such as seniority, qualifications, and skills.

Where no such comparable full-time employee exists, Article 5 provides that the comparison shall be made by reference to any applicable collective agreement, or, in its absence, to the relevant laws, collective agreements, or established practice.

In,  Γ. Χ. ν. ΚΥΠΡΙΑΚΗ ΔΗΜΟΚΡΑΤΙΑ ΜΕΣΩ ΥΠΟΥΡΓΕΙΟΥ ΟΙΚΟΝΟΜΙΚΩΝ κ.α., Αρ. Υπόθεσης: 906/2016, 24/9/2020, the Court clarified that part-time status is determined in relation to specific reference periods – weekly or annually – by comparing the employee’s hours with those of a comparable full-time worker.

3. Equal Treatment Principle

Article 6 of the Law mandates that part-time employees must not be treated less favourably than comparable full-time employees in terms of employment conditions solely because they work fewer hours, unless objectively justified.

As the Cypriot courts and the Court of Justice of the European Union (CJEU) have repeatedly emphasised (e.g., Tirols, C-486/08), “objective reasons” must correspond to a genuine, legitimate need, be appropriate for achieving the intended aim, and be necessary for that purpose. Mere reliance on a general rule of law is insufficient.

Article 7 reinforces the prohibition of discrimination, granting part-time employees equal treatment particularly regarding:

• Salary and benefits (including bonuses, discretionary perks, and 13th salary)

• Social insurance entitlements

• Termination rights (unless excluded due to minimum working hours thresholds)

• Maternity protection

• Annual leave, public holidays, and holiday pay

• Parental and sick leave

• Trade union membership and collective bargaining rights

• Workplace safety and health

• Protection against any unfavourable treatment in employment

In essence, part-time employees are entitled to parity with full-time employees in terms of terms of employment, working conditions, benefits, and statutory protections.

4. Essential Provisions in Part-Time Employment Agreements

Cypriot law allows considerable contractual freedom in structuring part-time arrangements. As noted in G.X. v. Republic of Cyprus and leading academic commentary, there is no requirement for special justification when agreeing to part-time terms. Such agreements may be entered into at the commencement of employment or at any point during the relationship and may be for a fixed or indefinite duration.

However, to ensure clarity and compliance, a part-time employment contract should expressly set out:

1. The specific working hours (e.g., “20 hours per week”);

2. The reference period to which the hours relate (e.g., per week, per month, or per year);

3. The allocation of hours across working days and the precise daily start and finish times;

4. For fixed-term part-time work, the relevant dates or periods (e.g., “each summer season from 1 June to 31 August”).

Importantly, if the scheduling of hours is left entirely to the employer without prior specification, the arrangement risks being characterised not as true part-time employment, but as an “on-call” or “zero-hours” type engagement, which carries different legal implications and may limit the employee’s ability to plan other commitments.

In relation to remuneration, the contract must stipulate both the rate of pay and the method of payment, proportionate to the reduced working hours.

5. Conclusion

Part-time employment is not a lesser form of work. The Cypriot legal framework – rooted in EU principles – ensures that part-time employees enjoy the same fundamental rights and protections as their full-time counterparts. Employers must be meticulous in drafting part-time contracts, ensuring that all relevant terms are clearly defined and that any deviations from full-time conditions are objectively justified.

For businesses, compliance is not only a legal obligation but also a strategic advantage in attracting and retaining a flexible, skilled workforce. For employees, understanding these rights is key to ensuring fair treatment and maximising the benefits of part-time work.

Loizides & Associates LLC advises both employers and employees on structuring, negotiating, and enforcing part-time employment agreements, as well as representing clients in disputes relating to employment status, contractual terms, and equal treatment rights.