Overtime pay and working hours in Cyprus: limits and how to claim
Cyprus has no single statute that fixes an overtime rate for every employee. The general rules on working time come from the Organisation of Working Time Law of 2002 (Law 63(I)/2002), which implements the EU Working Time Directive: an average of no more than 48 hours a week including overtime, calculated over a four-month reference period, at least 11 consecutive hours of daily rest, a weekly rest of 24 hours and a break of at least 15 minutes when the working day exceeds six hours. Whether overtime is paid, and at what rate, depends first on your contract and on any collective agreement in your sector.
Two groups have statutory overtime rates. Shop employees under Law 155(I)/2006 work a normal 8-hour day and 38-hour week, may do overtime only with their consent and must be paid at least time and a half, or double time on Sundays, free half-days and public holidays. Employees of restaurants, bars and other recreation centres are covered by Law 80/1968 and its regulations, which pay overtime at time and a half. This guide explains how to check which rules apply to you, how to prove the hours you worked and how to recover unpaid overtime through the Department of Labour Relations or the Labour Disputes Court.
Key facts
Deadline
An application to the Labour Disputes Court for unpaid wages, including overtime, should be filed within 12 months: the court applies the 12-month period of section 12(10A) of Law 8/1967 month by month, so the oldest months drop out first. After that the contractual claim can still be pursued in the District Court within the general limitation period, but more slowly and at higher cost.
The 48-hour average is measured over a reference period of four months (section 7(3) of Law 63(I)/2002). Your employer must give you the basic written information on working hours and overtime arrangements no later than the seventh calendar day of employment (section 12(1) of Law 25(I)/2023) and must keep pay records for up to six years (section 12(2) of Law 35(I)/2007).
What to do
Find out which rules govern your hours. Start with your written contract and the written statement of terms your employer must give you under the Transparent and Predictable Working Conditions Law of 2023 (Law 25(I)/2023). Section 11 requires it to state the standard working day or week and, where the schedule is predictable, any arrangements for overtime and how overtime is paid.
Then check whether a sectoral law or collective agreement applies. Shop staff are covered by Law 155(I)/2006, staff of restaurants, bars and nightclubs by Law 80/1968, and many sectors such as hotels, construction and banking by collective agreements negotiated with the unions. If none of these applies, overtime pay depends on what your contract says.
Check the legal limits on your hours. Under Law 63(I)/2002 your working time may not exceed an average of 48 hours a week, overtime included, over a four-month reference period (section 7). Annual leave and sick leave are neutral in the calculation. You are entitled to at least 11 consecutive hours of rest in every 24 hours (section 4), a weekly rest of 24 hours (section 6) and a break of at least 15 minutes when you work more than six hours (section 5).
Your employer can exceed the 48-hour average only if you agreed individually, suffer no detriment for refusing, and the employer keeps a record of everyone who works beyond the limit (section 7(4)). Managers who decide their own hours are excluded from these limits (section 16).
Work out the rate you should have been paid. In shops, section 18 of Law 155(I)/2006 sets a minimum of 1:1.5 for overtime on ordinary days and 1:2 for overtime on Sundays and free half-days, and double pay for working on public holidays or on a Sunday that forms part of your weekly rest. Overtime is limited to 2 hours a day and 8 hours a week beyond the normal 8 and 38 hours (sections 10 and 11).
In recreation centres, the regulations under Law 80/1968 cap the week at 48 hours including overtime and count work after the daily schedule as overtime paid at one and a half times. Elsewhere, look for the rate in your collective agreement or contract.
Keep your own record of the hours you work. Write down every day the time you started and finished, breaks you actually took and the reason for staying late, and keep it on your phone or in a notebook. Save rotas, messages or emails in which a manager asked you to stay, clocking-in data, delivery logs and tachograph records, and the names of colleagues who saw you working.
In Cyprus the employer must keep records of gross and net pay and of every deduction, available to inspectors for up to six years, and the burden of proving that wages were paid lies on the employer (section 12 of Law 35(I)/2007). Your notes help the court decide what hours were worked; the employer must then prove it paid for them.
Compare what you worked with what you were paid. For each month, list the overtime hours, the rate that applies, the amount due and the amount shown on your payslip. Under section 3(4) of Law 35(I)/2007 your employer must give you a payslip with each payment, so a missing payslip is itself a breach.
If your contract says that your salary covers "all hours required" or that you must work longer hours without overtime pay, the clause may bind you if you are a manager, but it cannot override the 48-hour limit, the rest periods or a statutory rate such as the one for shop staff. Statutory minimum rights cannot be reduced by contract (section 21 of Law 63(I)/2002).
Raise the matter in writing with your employer. Send an email or registered letter setting out the months, the overtime hours, the rate and the total amount, attach your table and ask for payment within a short deadline, for example 14 days. Keep the tone factual and keep proof of sending.
Many disputes end at this stage, because employers know that unpaid overtime can also lead to an inspection. If you are a union member, ask your union to raise the claim under the collective agreement; unions handle overtime claims daily and can represent you free of charge.
Complain to the Department of Labour Relations. Inspectors appointed under section 20 of Law 63(I)/2002 investigate breaches of the working time limits, may enter the workplace and request records, and must try to settle complaints. If a settlement is reached, the inspector records it in minutes signed by both sides; if not, the inspector draws up a report that can later be used before the court (section 20C).
For shop staff, breaches of Law 155(I)/2006 can be settled out of court by paying a fixed sum within 30 days, otherwise the employer is prosecuted. A complaint is free and may be filed at the district labour office.
File a claim with the Labour Disputes Court. The court hears claims for wages arising from employment, including overtime, and is quicker and less formal than the District Court. Your application should state the period, each month's overtime hours, the rate and the amount, with your records attached; claims without specific particulars and evidence are dismissed.
Act within 12 months of the month in which the overtime was worked, because older months are treated as out of time for this court. If you win, the court awards the amount with statutory interest and usually costs. If you resign because overtime is persistently unpaid, consider a claim for constructive dismissal as well (section 7 of Law 24/1967), but take advice first.
Protect yourself against retaliation. Refusing overtime that your contract does not require, or refusing to work beyond the 48-hour average when you have not agreed to it, is not lawful ground for dismissal. An employee dismissed for exercising rights under Law 25(I)/2023 may ask for the reasons in writing and complain to an inspector, and the employer must prove a different reason (section 24).
A dismissal for complaining about overtime is also not based on any lawful reason in section 5 of Law 24/1967, so it gives rise to compensation under that Law. Keep copies of your complaints so you can show the timing.
What to watch out for
- Relying on memory. Claims for overtime fail most often because the employee cannot show which days and how many hours were worked; the Labour Disputes Court dismissed such a claim where no particulars and no evidence were offered.
- Waiting too long. Each month's overtime is a separate claim, and before the Labour Disputes Court months older than 12 months before filing are lost. Collect evidence and file while you still have the records.
- Assuming a fixed statutory rate. Outside shops, recreation centres and sectors covered by a collective agreement, Cyprus law does not prescribe an overtime premium; a claim must be based on the contract or agreement that actually applies.
- Signing an opt-out without reading it. Agreeing to work beyond the 48-hour average is valid only if it is voluntary, but once signed it removes the cap on your hours; you may still refuse it at the start without any detriment.
- Treating unpaid overtime as a reason to stop work. Walking out or refusing all work can be treated as misconduct; it is safer to complain in writing and, if needed, resign only after advice on constructive dismissal.
- Accepting time off in lieu informally. If you agree to take time off instead of payment, put the agreement in writing; otherwise the employer may later deny both.
- Ignoring the payslip. Payslips that show a flat salary every month with no overtime line make it harder to prove that overtime was not paid; query each one promptly in writing.
Legal basis
Related court decisions
Frequently asked questions
What is the maximum working week in Cyprus?
Under section 7 of Law 63(I)/2002, working time may not exceed an average of 48 hours a week, overtime included, calculated over a four-month reference period. You may agree individually to work longer, but only voluntarily and without detriment if you refuse. Shop employees have a normal week of 38 hours with at most 8 hours of overtime a week.
Is overtime paid at time and a half in Cyprus?
Only where a law, collective agreement or contract says so. Shop employees receive at least time and a half, and double time on Sundays, free half-days and public holidays (Law 155(I)/2006, section 18). Staff of restaurants and bars receive time and a half under the regulations to Law 80/1968. Elsewhere the rate depends on your contract or collective agreement.
Can my employer force me to work overtime?
Only if your contract or collective agreement obliges you to do overtime, and even then not beyond the 48-hour weekly average unless you individually agreed to work longer. Shop employees may work overtime only with their consent. The Labour Disputes Court has treated dismissal for refusing non-contractual overtime as unlawful.
My contract says my salary covers all hours. Can I still claim overtime?
Such a clause is generally valid for contractual overtime pay, especially for managers. It cannot, however, remove statutory rights: the 48-hour average, daily and weekly rest, breaks, or the minimum overtime rates for shop staff and recreation centre staff. Statutory minimums cannot be reduced by contract under section 21 of Law 63(I)/2002.
How do I prove overtime if my employer has no records?
Keep your own daily log of start and finish times, save messages asking you to stay late, rotas and clocking data, and note witnesses. The employer must keep pay records for up to six years and bears the burden of proving it paid your wages under section 12 of Law 35(I)/2007, which weakens its position if records are missing.
What breaks am I entitled to during a shift?
If your working day exceeds six hours you are entitled to a break of at least 15 minutes, during which you may leave your workstation; it may not be placed at the very start or end of the day (section 5 of Law 63(I)/2002). Shop employees get a break of 15 minutes to one hour under section 13 of Law 155(I)/2006.
How much rest must I have between shifts?
At least 11 consecutive hours in every 24-hour period and a weekly rest of at least 24 consecutive hours, which the employer may organise as two 24-hour rests or one 48-hour rest in every 14 days (sections 4 and 6 of Law 63(I)/2002). Collective agreements may allow derogations only with equivalent compensatory rest.
Where do I complain about unpaid overtime?
You can complain free of charge to the Department of Labour Relations, whose inspectors investigate working time breaches and try to settle disputes, recording the outcome in signed minutes. To recover money, file an application with the Labour Disputes Court. Union members can also ask their union to raise the claim under the collective agreement.
How long do I have to claim unpaid overtime?
Before the Labour Disputes Court, file within 12 months: each month's wages fall due at the end of that month and months older than 12 months before filing are lost under section 12(10A) of Law 8/1967 as applied by the court. The contractual claim may survive in the District Court for longer, but that route is slower.
Does night work have special limits in Cyprus?
Yes. Night work is work between 23:00 and 06:00, and a night worker may not work more than an average of eight hours in 24 hours over a month; for hazardous or heavy work the eight hours is an absolute limit (section 9 of Law 63(I)/2002). Night workers are entitled to free health assessments before starting and at regular intervals.
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