Release Agreement Form Cyprus

Release Agreement Form Cyprus

The dismissal of labour law only protects employees. Whether the relationship between the employer and the worker exists is always a question of fact and all the facts of each case must be taken into account. The criterion for a person to be considered an employee of another person is not only the payment of a salary for the services he or she provides, and the way the parties decide to identify their relationship will not be conclusive. On the contrary, the Court of Justice will take into account the employer`s ability to exercise control over the worker`s work, whether the remuneration depends on the worker`s benefit and the role of the worker in the employer`s business. We advise and assist you in the negotiation and development of separation/reciprocity contracts. An agreement on the separation of workers may also include post-employment obligations that protect the activities of employers. These include the application of Law 106 (I) /2011, as the number of companies within its scope is very limited. In addition, the scope of the information and consultation process is limited to transnational issues. Registered unions can participate in collective bargaining and be informed and consulted on collective redundancies, mass layoffs and business transfers. 2.5 Under what circumstances does an enterprise committee have participation rights, so that an employer cannot continue until it has obtained the agreement of the Works Council on the proposals? 8.2 Do workers have the right to obtain copies of all personal data held by their employer? 5.3 Are there any information and consultation rights on the sale of business? How long does the process generally take and what are the penalties for information and advice? Collective bargaining in Cyprus takes place at both the industrial and enterprise levels. The Ministry of Labour lists 14 industrial agreements in the private sector on its website, including agreements for construction hospitals, banking, private hospitals, the clothing industry and the hotel industry.

The Labour Relations Department estimates that more than 400 enterprise-level agreements are currently in force. “Worker separation agreements” are also called mutual redundancy contracts, termination contracts, the release of labour rights and severance agreements. The agreement is essentially a document which provides that the employer and the worker have reached a consensual end to the employment relationship and specify the terms of the dismissal. Employers must be able to justify the legality, necessity and proportionality of pre-employment controls. As stipulated in the Personal Data Protection Commissioner`s Directive for the Handling of Personal Data in the Field of Labour Relations (The PD Commissioner`s Directive), an employer may collect and retain data on a worker`s previous prosecutions or convictions (including candidates) only if this is done for the purposes of related to the requirements of a employment relationship (i.e. where the obligations of a given position justify to an employer the choice of candidates who have not been previously prosecuted or convicted for specific offences related to the duties of the position) or in cases where national law requires it.


Comments are closed.