Working in Cyprus Checked: Changed:
In short
- Who it applies to
- Any employee in Cyprus — in a private company or the public service, apprentices included. Nationality and type of residence permit do not matter: the leave law is the same for everyone. It does not cover the self-employed.
- What it costs
- Leave costs the employee nothing. An employer that is not exempt from the fund pays a contribution for it — 8% of gross pay for 20 or 24 days; the fund pays leave out of these contributions.
- How long it takes
- Full leave is earned by 48 weeks worked in the leave year — 52 weeks counted from the day you were hired. For a partial year leave is proportional, and there is no longer a threshold at the start of the job.
- Where to apply
- Leave dates are agreed with the employer. If the fund pays your leave, you file form ΥΚΑ 3-002 with your bank account number with Social Insurance Services once — at a district office, a Citizen Service Centre or by e-mail with an electronic signature.
- If your case differs
- Public holidays, sick days, maternity and paternity leave do not count as leave: fall ill on holiday and the leave is interrupted and moved. You may not work for pay during leave: the fund can claim the leave pay back through the Labour Disputes Court.
Your case
If your employer pays contributions to the Central Holiday Fund
During leave you are paid not by the employer but by the fund — by transfer to your account. For the money to arrive, file form ΥΚΑ 3-002 with your account number with Social Insurance Services once; after that the fund pays every year by itself, and a new form is needed only after a refusal or a change of account. The amount equals the employer's contributions for you over the previous year — 8% of gross pay. Leave is paid if it lasts at least 9 consecutive days, or at least 4 if you worked fewer than 48 weeks in the year. Leave carried over for 2 years is paid by the fund in one go.
If your employer is exempt from the fund and pays leave itself
The minister grants an exemption where the employer's own leave scheme is more favourable to employees than the law. You are then paid your normal salary directly by the employer during leave, and nothing needs to be filed with Social Insurance. The legal minimum still applies: 20 days on a five-day week, 24 on a six-day week, one part at least 9 consecutive days; if your contract or a collective agreement gives more days, the larger number applies.
If you are leaving the job with leave not taken
Only when employment ends does the law allow the minimum leave to be replaced by money. You are owed the share of this year's leave minus the days you took, and according to the Department of Labour Relations you may also claim leave accumulated for up to 2 years. Leave cannot be used up during the notice period: notice days do not count as leave. If the employer is in the fund, the fund pays the leave earned on your application; if it is exempt, it pays itself. Disputes go to the Labour Disputes Court within 12 months.
Deadlines and conditions
- on a five-day week leave is 20 working daysLaw 8/1967, s. 5(1): «είκοσι εργάσιμοι ημέραι εις περίπτωσιν εργοδοτουμένου έχοντος πενθήμερον εβδομάδα εργασίας»; the figure was set by Law 66(I)/2002.
- on a six-day week, 24 working daysThe same: «είκοσι τέσσερις εργάσιμοι ημέραι εις περίπτωσιν εργοδοτουμένου έχοντος εξαήμερον εβδομάδα εργασίας».
- full leave is earned by 48 weeks workedLaw 8/1967, s. 5(1): «όταν ούτος έχη εργασθή ουχί ολιγωτέρας των σαράντα οκτώ εβδομάδων εντός του έτους αδείας»; a partial year earns proportional leave, s. 5(3).
- the leave year is 52 weeks from the day you were hired, not the calendar yearLaw 8/1967, s. 2: «“έτος αδείας” … σημαίνει οιανδήποτε περίοδον πεντήκοντα δύο συνεχών εβδομάδων αρχομένην από της ημερομηνίας προσλήψεως».
- these are the 4 weeks guaranteed by EU lawLaw 63(I)/2002, s. 8(1): «ετήσια άδεια με αποδοχές τουλάχιστο τεσσάρων εβδομάδων» — transposing Article 7(1) of Directive 2003/88/EC.
- one part of the leave must be at least 9 consecutive daysLaw 8/1967, s. 7(1): «Η άδεια περιλαμβάνει μίαν συνεχή περίοδον ουχί ολιγωτέραν των εννέα ημερών»; the Social Insurance guide: the fund pays for leave of «εννέα (9) τουλάχιστον συνεχών ημερών».
- with fewer than 48 weeks worked, the fund pays for leave of 4 consecutive days or moreThe Social Insurance guide: with fewer than 48 weeks worked in the previous year «η περίοδος άδειάς του θα πρέπει να είναι διάρκειας τεσσάρων (4) τουλάχιστον συνεχών ημερών»; likewise reg. 13(5) of ΚΔΠ 287/1980.
- by agreement with the employer leave can be carried over, but for no more than 2 yearsLaw 8/1967, s. 7(2): «Διά συμφωνίας μεταξύ του εργοδότου και του εργοδοτουμένου, αι άδειαι δυνατόν να συσσωρεύωνται … ως προς δύο έτη».
Show all conditions (10)
- the employer's contribution to the fund is 8% of gross payThe Social Insurance guide: «η εισφορά του εργοδότη στο Κεντρικό Ταμείο Αδειών είναι 8% πάνω στις αποδοχές του εργοδοτουμένου» for 20 or 24 days; for longer leave the rate rises under Tables I and II.
- a claim goes to the Labour Disputes Court within 12 monthsLaw 8/1967, s. 12(10Α): «Αίτηση στο Δικαστήριο Εργατικών Διαφορών υποβάλλεται εντός δώδεκα μηνών από την ημερομηνία κατά την οποία ανέκυψε το προς υποβολήν αιτήσεως δικαίωμα».
Whether your employer pays into the holiday fund
There is no public list of exempt employers. Ask your HR department or Social Insurance Services on 1450 — the answer decides whether you need to file form ΥΚΑ 3-002.
When the fund transfers the money
The department does not publish when the fund pays. If your leave is near and no money has come, check with Social Insurance Services that your form was received and the account is right.
Sources
- Directive 2003/88/EC concerning certain aspects of the organisation of working time, Article 7eur-lex.europa.euAt least 4 weeks of paid leave a year; payment in lieu only when the employment relationship ends.
- Annual Holidays with Pay Law 8/1967 (consolidated)www.cylaw.orgThe leave year, 20 and 24 days for 48 weeks, proportional leave, days that do not count, a part of at least 9 days, carry-over for 2 years, the Central Holiday Fund and exemption from it, the deadline for the Labour Disputes Court.
- Law 24(I)/2023 amending the Annual Holidays with Pay Lawwww.cylaw.orgThe 13-week threshold is removed: leave is proportional from the first week of work.
- Organisation of Working Time Law 63(I)/2002, s. 8www.cylaw.orgA minimum of 4 weeks and payment in lieu only when employment ends.
- Social Insurance Services, “Paid annual leave” service pagewww.gov.cyWho pays — the employer or the fund, 20 and 24 days, carry-over for 2 years, form ΥΚΑ 3-002 filed once and where to file it.
- Social Insurance Services, guide to the annual leave legislationwww.gov.cyThe 8% contribution and rate tables, the fund paying last year's contributions, paid leave of at least 9 consecutive days (4 for a short year), the ban on working during leave, employer exemption.
- Department of Labour Relations, FAQ on termination (nos. 5 and 13)www.mlsi.gov.cyOn dismissal you are owed the share of leave and accumulated leave of up to 2 years; the notice period cannot run during leave.