Digital work requires rules that serve people, rather than technology

Remote work has become a permanent feature of the modern labour market, transforming the operation of businesses, the organisation of production and, above all, the very substance of the employment relationship. Technology has removed geographical boundaries and created new opportunities for flexibility, while at the same time giving rise to unprecedented legal challenges that labour law is called upon to address.

From flexibility to legal commitment

Cyprus responded to these developments by enacting the Regulation of the Framework for the Organisation of Telework Law of 2023, Law 120(I)/2023. The law does not merely recognise remote work as a form of employment, but establishes a framework of rights and obligations for employers and employees.

Its significance lies in its attempt to preserve the balance of the employment relationship in an environment where the workplace is transferred into the home.

As a general rule, remote work remains voluntary. It requires a written agreement between the employer and the employee and may not result in any adverse change to the terms of employment, nor in unfavourable treatment because an employee refused to work remotely. Flexibility cannot, therefore, operate as a means of unilaterally imposing new terms of employment.

Equally important is the provision that the financial burden of remote work should not be transferred to the employee. The employer bears the cost of equipment, maintenance and technical support. This arrangement prevents the employee from effectively financing the organisation of the employer’s business.

The law further promotes transparency by requiring the employer, within eight days from the commencement of remote work, to inform the employee in writing of its specific terms. These include the costs to be covered, the equipment, technical support, on-call availability, health and safety measures and the right to disconnect.

Remote work is therefore no longer an informal arrangement based on goodwill, but an employment relationship governed by clear and verifiable rules.

Supervision, privacy and the right to disconnect

One of the most important issues concerns the exercise of the employer’s managerial prerogative. Digital technology enables the recording of connection times, the use of applications and productivity through specialised software. Employer supervision, however, is not unlimited.

Law 120(I)/2023, read together with the General Data Protection Regulation, requires performance evaluation to respect the employee’s private life and personal data.

Before introducing systems for monitoring or evaluating employees, the employer must carry out a data protection impact assessment and, where required, consult the Commissioner for Personal Data Protection. The use of cameras or other intrusive applications to monitor performance is expressly prohibited.

Particular importance is also attached to the right to disconnect, which is expressly recognised under Cypriot law. A remote worker is entitled to disconnect from the electronic means through which work is provided, without suffering any adverse consequence for exercising that right.

The technical and organisational measures required to secure disconnection must form part of the terms governing remote work.

At a time when emails, videoconferences and expectations of constant availability extend beyond working hours, this right constitutes an essential safeguard for personal and family life.

Equal treatment

The Law also safeguards the principle of equal treatment. Remote workers enjoy the same rights as employees working at the employer’s premises in relation to workload, assessment, training, professional development, rewards and trade union activity.

Physical absence from the office cannot be allowed to become a professional disadvantage.

These safeguards acquire even greater significance in the context of artificial intelligence. Businesses are already using algorithmic systems for recruitment, performance assessment and decision-making affecting employees’ professional development.

The European Union Artificial Intelligence Act classifies several such applications as high-risk systems and imposes obligations of transparency, human oversight and accountability.

The real challenge is not whether technology will continue to transform work. The question is whether the law will ensure that the digital transition remains centered on the human being. Human dignity, privacy, equal treatment, safety and the protection of the weaker party in the employment relationship cannot be allowed to give way to technological progress.

The more digital work becomes, the greater the need for modern and effective labour law capable of guaranteeing that technology serves people, rather than the other way around.