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EQUALITY – Amendment of Regulation on Rest Leave

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The Syntechnia states that the current regulatory provision of the DY for the granting of licenses is at odds with the current relevant national legislation and the jurisprudence of the Court of Justice of the EU

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The current regulatory provision of the Public Service for the granting of rest leaves is at variance with the current relevant national legislation and the jurisprudence of the Court of the European Union, reports the trade union EQUALITY and requests the Director of the Public Department Management and Personnel to take actions to amend the first part of the Regulation.

In a letter to the Director of the Department of Public Administration and Personnel, the guild states that it has become aware that the current regulatory provision of the Public Service on the granting of rest leaves is at odds with the current relevant national legislation and the jurisprudence of the Court of Justice of the European Union.

As the guild notes, the first part of Regulation 4(7) of the K.D.P. 101/95 (“In the event that an employee falls ill, while on rest leave, his period of illness is not counted as sick leave, but is counted against his rest leave.”) is inconsistent with both subsection (3) of the article 5 and paragraphs (1) and (2) of article 6 of the Annual Leave with Benefits Laws of 1967 to 2023 as well as with the Organization of Working Time Law of 2002 (L.63(I)/2002), the Directive 2003/88/EC and the relevant jurisprudence of the Court of the European Union.

“With these data, it is our plea that you take the necessary actions for an appropriate amendment of the first part of Regulation 4(7) of K.D.P. 101/95. In case of your refusal, we will be forced to bring the whole matter to the attention of the European Commission and to take legal action against the Republic in the Labor Disputes Court” it states.

The letter is communicated to the Minister of Labor and Social Insurance and to the President and Members of the Parliamentary Labor Committee with the request to register and discuss the issue in a session.

Source: www.kathimerini.com.cy

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