Does the law distinguish between different categories of worker? If so, what are the requirements to fall into each category, the material differences in entitlement to statutory employment rights and are there any maximum time periods for which each category of worker can be engaged?
Categories of worker
Under Cyprus law an employee is any person who works for another person under a contract of employment or apprenticeship or under conditions where an employment relationship between employer and employee can be inferred.
Based on this any person who does not work for another person under a contract or employment or apprenticeship or under conditions where an employment relationship between employer and employee can be inferred is considered as self-employed.
The law does not specifically define the term independent contractor. However, an independent contractor can be distinguished from an employee on the basis of the following factors:
- The degree of integration into the business.
- The degree of control exercised by the employer.
- The economic realities of the relationship, such as whether or not emoluments depend on performance and responsibility, and whose responsibility it is to pay social insurance contributions and income tax.
There is also no specific legal definition of the term contingent worker. A contingent worker in Cyprus is usually a temporary employee who is employed for a fixed period of time for a specific project (for example, a maternity leave cover). However, in some instances, a contingent worker can also be an independent contractor.