Cyprus labor policy
As China's foreign labor have been expanding, more and more Chinese laborers came to Cyprus, in the related industries hard work and cooperation in Sino-Serao Service has made a positive contribution. However, some labor service personnel policy, little is known about Raul, and the resulting series of questions, not only individual economic interests are adversely affected, but also economic and trade cooperation on the Sino-Cypriot cause adverse effects. In order to further expand cooperation in Serao works, so that the Chinese workers to better understand the local labor policy to safeguard their own legitimate rights and interests, strict compliance with the relevant obligations, now plug the main labor policy are described below:
1, Cyprus labor market overview
As of the end of 2008, Cyprus population of about 792,000 (the Cypriot government-controlled areas), labor force 397,000, of whom 219,000 were males, females 178,000 people with a monthly average wage of 1825 euros, of which € 2009 men, women, € 1594. Annual average employment rate (15-64 years old working population of the age group the proportion of the total population) 70.9%, of which 79.2% male employment rate of female employment rate of 62.9%. Unemployment rate (registered unemployed population, the proportion of the total labor force) 3.7%, of which 3.2% male unemployment rate, female unemployment rate of 4.2%.
In general, the smaller the labor market in Cyprus is currently in the Serbian legal foreign laborers approximately 5.7 million people, accounting for about 13% of employment in Cyprus, mainly in professional and strong or poor working conditions, low pay industries, such as the International seafarers, restaurant cooks, hotel and catering industry attendant, gas station handyman staff, housekeeping service, refuse removal, farm workers, construction workers, porters and so on. With the EU countries and the Philippines, Sri Lanka and other countries, the Chinese in the proportion of low Serao Works mainly engaged in the restaurant chef, home economics, agricultural engineering and other industries.
By the world financial crisis, Cyprus has increased the unemployment rate, the unemployment rate in July reached 5.5%, the employment situation is becoming increasingly severe, in order to alleviate the domestic employment pressure, resolve conflicts, the Government of Cyprus for foreign labor increasingly stringent restrictions on the number of personnel for violation of labor policy, the employer of illegal labor continue to increase the punishment.
Second, the foreign labor service personnel to plug workers program
(A) the employer to the employment of foreign workers labor office to submit an application for review by the relevant departments confirmed that the local employment of such workers less than can be paid to the employer a document approved by the hiring of foreign labor, the employer files can be in any country so doing the recruitment of labor required.
Employers to labor bureau submissions are: the employment of foreign laborers application form, the company's registration documents, company operation, scope of business, financial condition, personnel situations, employees, insurance, tax situation, employment contracts model, the recruitment posts and so on.
(B) the employer to recruit suitable labor, you need to apply for work permits for laborers. Immigration on the labor personnel review material, in agreement with the consent of labor bureau, issued a temporary work permit for workers. Temporary work permits for up to four years after the expiration period of up to 1 year.
The materials submitted by employers to immigration are: Labor Bureau agreed to the employment of foreign labor on the document, the proposed list of employment of foreign labor, proof of no criminal record.
(C) holders of work permits to foreign laborers fax documents and passports to the Consulate General in Cyprus, apply for a work visa. Foreign laborers hold other types of visa to Cyprus and then apply for a work permit is considered illegal.
(D) After the entry of foreign labor, and employers to sign labor contracts, including: the number of payroll, jobs, holidays, annual leave, sick leave, employment, starting and ending time. Terms of the contract by the Ministry of Labor and Social Security-related functions of the Board for approval, after passing the seal, holding the hands of foreign labor in a sealed contract.
(E) apply for a temporary residence permit, and submit the following materials: stamped by the district labor bureau of labor contracts, Labor Board agreed to a letter issued by the employer's economic security letters issued by the domestic public security departments have no criminal record certificate and notarized materials, passports photocopy of a photograph, about 35 euros of the cost.
Third, foreign labor rights and obligations are mainly
Round-trip travel expenses of foreign contract workers by employers of foreign laborers enjoy the local workers the same pay and benefits.
Within one month after the start of employment, the employer must notify employees in writing of the situation, including the workplace, jobs, job grade, job content, employment period, paid vacation, wage payment, working hours, working conditions.
Employee's wages must be based on the euro as legal tender, weekly or monthly cash paid directly, you can enter the employees bank accounts. If the employer to provide accommodation for employees can be deducted from the wages of employees, respectively, 10% and 15%, the employer can not pay the wages of foreign workers is an intermediary fees.
Employees average weekly working time should not exceed 48 hours weekly rest period is not less than 24 hours a day, working more than 6 hours have a 15-minute break between the time of year to enjoy four weeks of paid vacation. Average weekly working time calculated once every 4 months, including overtime. 1.5 times the normal working day by payment of overtime overtime pay, holiday overtime pay for overtime wages by two-fold.
Employers or employees for various reasons to terminate the contract, shall be submitted to the parties a period of time in advance, this time from both employers and employees agreed in the contract.
Social security, wages and salaries accounted for 16.6%, employers, employees and the government the burden of which were 6.3%, 6.3% and 4.0% respectively. Employee health insurance by the employer and employee co-payment by the same proportion.
According to the law of foreign laborers to pay personal income tax. An annual income of 19.5 thousand euros less than the income tax rate of 0, in excess of this limit in proportion to tax.
Foreign laborers without the permission of Cyprus labor bureau can not change employers, work locations and types of work. After one year of labor for employers, employees have the right to change employers in the same industry, but the new employer must have an employment permits to foreign laborers.
Of foreign laborers allowed to work during a strike or work to replace workers on strike.
Foreign contract workers on a voluntary basis to join guilds and trade unions, but the amount of wages required to pay 1% of contributions.
Layoffs first consider the foreign laborers.
4, foreign students working notes
Students must meet the following conditions to work, one was Serbian Ministry of Education, colleges and universities admission, two full-time student status, the three had completed six months of learning time, the four holders of student residence permit to live in Cyprus, five holders of recognized by the university, local labor bureau seal curriculum.
Students can choose to work are limited in scope, mainly shopping malls cargo handling, gas station services, car washing services, domestic service, bakery and miscellaneous workers, peasants and workers, building cleaning, take-away delivery.
Students must sign labor contracts with the employer, and by the Labor Board for approval. Workers must be outside of study time, weekly working hours shall not exceed 20 hours, leave may be extended to 38 hours.
Domestic jobs do not require a contract, the employer prepared a booklet kept by the students, each filled by the employer after the employment hours of work and the payment of remuneration, the remuneration of students in accordance with the booklet to pay social insurance.
If an employer contravenes this provision is the first violation, fined 854 euros, 6 months, not allowed to hire foreign labor. The second violation, fines € 3417, a year allowed the hiring of foreign labor. And third and repeatedly violated, according to 3417 in multiples of fines, and does not allow the hiring of foreign labor.
If the student violated the above provisions, the first violation, fined 342 euros, the second violation, fined 854 euros, and third and repeatedly violated, according to a multiple of 854 penalty.
5, the Chinese citizens to Cypriot workers need to pay attention to the problem
Through the company's formal recruitment of foreign labor, not through private or domestic intermediaries introduced to plug the illegal workers. Currently found through private or illegal intermediary agencies introduced to Cypriot workers, the laborers demanded them to high intermediation costs, but labor officers abroad difficulties or labor disputes, intermediaries are indifferent, and no any form of bond to prepare emergency use, workers may face a huge economic losses. Some people and the country illegally intermediary institutions and local criminal forces in Cyprus in collusion in the domestic to the workers who make false promises, such as personnel to Sierra Leone after the discovery deceived, individual rights simply can not be guaranteed.
If the employer breached the employment situation of the labor contract, the Chinese workers must be based on the principle of friendly consultation, actively communicate with their employers, argue and strive to minimize the cost of solving the problem. If negotiations can not play its due effect, the Chinese workers should try to collect evidence of employers violating the labor contract, and with the domestic labor export companies to actively get in touch, to arbitration or legal avenue to resolve the problem, to prohibit take drastic action.
Annex 1: Sample Contract
Annex 2: Cyprus Labor Law Summary
Annex 3: Cyprus throughout the Labor Bureau Contact
Sample of wage-labor contract
Employers Name: Employers Address: telephone: mobile: Social Security Number:
Employees Name: Nationality: Gender:
Employers to provide employees with × × posts, employees accept this position and agree to terms.
Hired for × × month / year, start date × ×, the end date × ×.
Employee entry, living, working in line with relevant laws and regulations.
Employers pay a deposit to the Immigration × × euro, as necessary, the cost of repatriating employees.
Employees from the immigrants to get a residence permit / work permit, should undergo a medical examination to ensure that no infectious diseases and the associated costs borne by the employer.
If the immigration officials refused a residence permit issued to the employees / work permit, then this agreement was invalid.
Employees hired during the period can not change employers, place of work.
Terms of employees:
Employers every weekend / late payment of wages × × euros.
Employees × × days per week, weekly working hours × × hours.
Wages above subsistence allowance should be added.
Working overtime, made 1.5 times the wages, Saturdays, Sundays and statutory holidays, overtime, made two times the salary.
Employees enjoy paid leave × × days.
Employees on sick leave × × days.
Employees enjoy the following paid statutory holidays (list).
Employees to enjoy during Christmas the first 13 months salary, if the labor contract before the suspension of a pro rata payment of the wages.
Employers Terms and Conditions:
Employers who provide employees with accommodation, can be deducted from the employee's wages 10%, such as providing food, can be deducted from the wages of employees 15%, if not to provide food, cooking equipment should be provided free of charge.
Employers to provide employees with industrial accident injury insurance, medical insurance by employers and employees to pay by the same proportion.
Employers pay euros to open a bank account, opening a copy of the necessary account information submitted to the Immigration and Labor.
Employers can not apply for a work permit to pay an employee's wages to the government to pay the cost of, or payment from Cyprus, tickets, or paid to the intermediary costs.
The employer to pay social insurance of employees compared to 6.3%.
Under the collective agreement, the employer deduct 1% of the employee's wages as a trade union fees, the contributions equally to different trade unions.
In a labor dispute can be resolved by means of the law, but also can apply for arbitration, the outcome of arbitration binding on both parties in the arbitration period, the employee may attend a party and consulate personnel.
If an employee does not submit to the employer, or convicted of, an employer can immediately terminate the employment contract, employees will be repatriated.
Any party may terminate the employment contract in advance, but to inform the other party at least one month in advance, if one party breached the agreement, the other party that can be claimed.
If the employee sick leave more than a month, the employer may terminate the labor contract does not bear any responsibility.
Witness a signature, two signatures of witnesses.
Employers signature, an employee signature.
As an employer to comply with the law, to bear the obligation to provide employees with a copy of the contract to them to inform the relevant details.
Cyprus Labor Law Summary
Staff: means a company or bank staff, excluding senior management, civil service, hospitals, shops or clinic staff. Not work more than 44 hours per week per day not work more than 8 hours. Offenders are punishable by a fine of 170 euros, or not more than six months in prison.
Miners: underground work week does not exceed 40 hours per day not work more than 8 hours. On the ground work week does not exceed 44 hours a day, not work more than 8 hours. Offenders are punishable by a fine of 170 euros, or not more than six months in prison.
Sales: more than 38 hours per week does not work a day not more than 8 hours. For consent of the employees to work overtime, including overtime hours a week does not exceed 46 hours a day not more than 10 hours. Once a day for 15 minutes to 1 hour break between jobs.
If an employee working 6 days a week, employers should give employees three days last week, lunch break or afternoon breaks, lunch break ended at 2:00 pm in the afternoon started off at 2 pm. 5-day working week must have a day off on a lunch break or afternoon. Employees enjoy 14 days annual leave per year. Employers need publicity in the shop working time of employees, workers between the break up and down lunch, annual leave and so on. Offenders are punishable by a fine of 17,086 euros, or not more than twelve months imprisonment.
Hotel and catering industry: no more than 48 hours per week, including overtime. The hotel industry not work more than 8 hours a day, every day break between two jobs, not more than nine hours of overtime per week. Catering not work more than 8 hours a day, every day a break between jobs, not more than 8 hours overtime per week.
At least one day off per week, annual leave for 4 weeks.
Sick leave: the hotel industry for 6 months to 3 years, Hugh 15 days, more than 3 years, Hugh 24 days. Restaurant industry for 6 months to 3 years, and a break for 10 days, more than 3 years, Hugh 18 days.
The hotel industry the first month of the termination of the contract, non-binding. More than a month, regardless of which side needs to make in advance, and compensate for their losses.
The hotel industry employer who contravenes the above provisions fined 1708 euros.
Catering industry employer who contravenes the above provisions fined 3417 euros, or not more than one year in prison.
The average weekly working time is not more than 48 hours, including overtime, calculated every four months once every 24 hours require continuous rest of 11 hours a week for at least a day off. If the work of more than 6 hours a day, you must have a break between jobs, at least 15 minutes. 4 weeks annual leave.
April 1 each year the Council of Ministers decided to minimum wage.
The minimum wage is to protect not unionized occupations, their interests in difficult labor agreement. Covered employees, salespersons, janitors, nurses, paramedics, security.
2008 minimum wage of 743 euros, for an employer continuously for 6 months after 789 euros.
Employers must retain a good record of a single payment of wages.
Employers in violation of regulations will be punished with a fine of 170 euros, such as the circumstances are serious, will be an additional fine day, € 42, from the date of breach of the law.
If the employer law, the employee may claim compensation balance, the compensation period of up to two years.