Self-employed workers (Directive 2010/41/EU and some relevant provisions of the Recast Directive)

• Author: Pavlou, Vera
• Pages: 34-36

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8 Self-employed workers (Directive 2010/41/EU and some relevant

provisions of the Recast Directive)

8.1 General (legal) context

8.1.1 Surveys and reports on the specific difficulties o f self-employed workers

There are no recent surveys or reports concerning the specific difficulties of self-employed

workers in Cyprus.

8.1.2 Other issues

There are no further issues.

8.1.3 Overview of national acts

Law 59(I)/2010 on Social Insurance and Law 205(I)/2002 on equal t reatment in

employment and occupation contain provisions on self-employed wo rkers.

8.1.4 Political and societal debate and pending legislative proposals

There are no pending legislative proposals.

8.2 Implementation of Directive 2010/41/EU

Directive 2010/41/E U has not been expressly implemented in Cyprus. However, certain

provisions of Law 59(I)/2010 on Social Insurance and of Law 205(I)/2002 on equal

treatment in employment an d occupation could be considered as incorporating th e rights

set out in Directive 2010/41/EU. It should be n oted that neither of the two laws specify

that they implement Directive 2010/41/EU.

Article 10 of Law 205(I)/2002 stipulat es the right of equal treatment of men and women

in relation to access to a profession on a self-employed basis, the terms and conditions of

exercising the profession, access to training including apprenticeship , and termination.

Article 12 of Law 205(I)/2002 which protects against harassment and sexual harassment

also covers self-employed persons in the situations covered by Article 10. Law 59(I)/2010

on Social Insurance applies to self-employed persons ( Article 3(2b)). Article 29 grants a

maternity allowance of 18 weeks to insured workers who have given birth or became a

mother through surrogacy and 16 weeks to adoptive mothers.

8.3 Personal scope

8.3.1 Scope

Law 59(I)/2010 does not explicitly define the notions of self -employed and self-

employment but refers to the Second Schedule, Part I, under the title ‘self-employed’,

where it is stated t hat t he term ‘self-employed’ covers any employment in Cyprus of a

person who is pursuing a gainful activity, provided that such activity is not insurable under

the First Schedule, Part I, under the title ‘Employees, Insurable and σon-Insurable

Employment’. The First Schedule refers to employment in Cyprus of a p erson based on a

contract of work or training, or under such circumstances from which an employer-

employee relationship can be derived.

8.3.2 Definitions

The notions of self-employed and self-employment are not explicitly defined in Cyprus but

the term ‘self-employed’ covers any employment of a person who is p ursuing a gainful