Question:
I am a citizen of a third country, I want to get a job in Cyprus. Tell us about the legal responsibility
of the employer and the employee in my case. Who is responsible for obtaining a work permit, who
is paying taxes, are there salary increments (for Easter, Christmas, etc.), how payment of overtime
is regulated.
Response:
It should become clear first that, not all third country nationals are eligible to work in Cyprus.
However, for some specific categories of employment you may be eligible. In any case, your
employer will need to acquire the permission of the Labour Department in Nicosia– provided that
he/she is not already a holder of a general permission to employee third country nationals or has not
yet issue a permission to specifically employ you. Moreover, you will need to acquire the
permission of the Civil Registry and Migration Department in Nicosia, in order to allow you to be
employed, based on the special facts and merits of your case (e.g. maybe you are qualified for that
specific position because no Cypriots or Europeans were chosen by the Employer due to the fact
that they did not meet the criteria of the position OR because it is a position that does not require
special conditions, i.e. porter, carrier, dyer and in general manual works).
Moreover, in regards to your query, it is the obligation of your employer to register you with the
Social Securities and pay your social Securities. However, before your registration with the social
securities you and your employer shall have the permission of the Labour Department and of the
Civil Registry and migration Department at hand. The next step, would be to fill the contracts that
the Labour Department sent to your employer (in 4 copies), stamp them at the Labour Office of
your District and then register you with the Immigration Office of your District (i.e. as worker,
employee, domestic worker, etc.)
In addition, any increments to your salary or any payments of overtime, will depend on the contract
that you will sign with your employer. In any case, you are allowed to an annual leave of 20 days in
total (if you work 5 days per week) OR 24 days in total (if you work 6 days per week), which is
payable by the social insurances provided that you were employed for 48 weeks. You will have to
fill an application form which will also be signed by your employer. Also, in case that you have to
be absent from your work due to an illness, you are allowed to sickness benefit by the social
securities, after the first 9 days of your illness have passed, and in the case that you had an accident
or that you spent at least one night at the hospital or at the clinic then your benefit becomes payable
4 days after the disability started. The rate of the sickness benefit will be depended upon your
weekly average actual and similar insurable earnings in the relevant contribution year. In order to
receive your sickness benefit you must submit an application to the Social Securities office of your
district.