Myrianthous Law Firm

29/03/2016

"empowering woman..."

29/03/2016

F.Y.I
The Republic of Cyprus secures equal treatment between foreign workers and local personnel through its Constitution, which guarantees the protection of human rights regardless race, religion or ethnic origin. More specifically Article 28(2) of the Constitution provides that:
“Every person shall enjoy all the rights and liberties provided for in this Constitution, without any direct or indirect discrimination against any person on the ground of his community, race, religion, language, s*x, political or other convictions, national or social descent, birth, colour, wealth, social class or any other ground whatsoever”.

The Cyprus Government has also, ratified, inter alia, the following conventions:

The ILO Migration for Employment (Revised) Convention, 1949, No. 97,
The Migrant Workers (Supplementary provisions) Convention, 1975, No.143
The Discrimination (Employment & Occupation) Convention, 1958, No. 111

Moreover the Cyprus Government has also accepted Article 19 of the Revised European Social Charter (i.e. The right of the migrant workers and their families to protection and assistance). These instruments provide, inter alia, for no less favourable treatment for migrant workers than that of nationals.
Ministerial Council Decisions as well as a number of administrative arrangements also exist, to promote and guarantee that migrant workers are at least treated equally with nationals, in respect to, among other things, terms and conditions of employment.

Finally the Ministry of Labour, Welfare and Social Insurance safeguards the equal treatment between foreign workers and local personnel through written contracts of employment signed by both the employer and the foreign employee. These contracts contain all terms and conditions of employment (hours of work, salary and other benefits, holidays, overtime pay, duties etc.), which also apply for Cypriot employees, mainly on the basis of collective agreements.

22/03/2016

Accident at work cyprus:
F.Y.I
Any citizen gainfully employed in the Republic of Cyprus, who is incapable of work as a result of an occupational accident or disease, is entitled to social benefits for accidents at work and occupational diseases. Self-employed persons or voluntary contributors are not entitled to such benefits.

The social benefits for accidents at work and occupational diseases are classified into 3 categories:

Temporary Disability Benefits (Injury Benefit)
Permanent Disability Benefits (Disablement Benefit)
Death benefit
There is no minimum qualifying period in order to be approved for such benefits.

1. Temporary Disability Benefits (Injury Benefit)

The temporary disability benefit, also known as injury benefit, is paid to any employed person who is incapable of work as a result of an injury suffered at his/her workplace or an occupational disease. The benefit is paid for a period of maximum 12 months from the date of the accident or first day of the disease.

The injured workers must submit an application form for injury benefit together with the relevant medical certificates to the nearest Social Insurance Service Office, within 21 days from the date of injury.

The temporary disability benefit consists of a basic benefit and a supplementary benefit calculated as follows:

the weekly basic benefit is equal to 60% of the average weekly basic insurable earnings*that the person has earned in the previous contribution year**, increased to 80%, 90% and 100% for one, two or three dependants respectively (maximum three dependants). A spouse is considered dependant if he or she is not working or is not receiving any benefit from the Social Insurance Fund. For persons whose earnings are below the basic insurable earnings the minimum benefit paid is that corresponding to the basic insurable earnings.
the weekly supplementary benefit is 50% of the average weekly earnings exceeding the basic insurable earnings in the previous contribution year**, up to maximum twice the amount of weekly basic insurable earnings.
*The weekly amount of basic insurable earnings is €174.38. This amount is adjusted once a year according to changes in wages. The maximum weekly covered earnings are €1,046.

**If the application for invalidity benefit is submitted in the first semester of the year, the earnings of the last contribution year are considered to be those received two years before. If the application is submitted in the second semester, the earnings of last contribution year are considered to be those of the last calendar year. For example if the application is submitted in the first 6 months of 2014, the previous contribution year would be 2012, but if the application is submitted in the second semester of 2014 then the previous contribution year would be 2013.

2. Permanent Disability Benefits (Disablement Pension)

The disablement benefit, also known as permanent disability benefit, is paid to any employed person who has lost his/her physical or mental faculties as a result of an accident at work, to a degree of not less than 10%. However, in case of pneumoconiosis the compensation is paid from a degree of 1%.

To apply for this benefit an application form for permanent disablement benefit together with the relevant medical certificates must be submitted within three months from the date of injury to the nearest Social Insurance Office. According to the degree of disability the permanent disability benefit is paid either as grant (lump sum) or as pension. It takes the form of grant if the disability is between 10% and 19%, and for disability of 20% and above it takes the form of pension (no benefit is payable for disability below 10%).

The permanent disability pension for 100% disability consists of a basic pension and a supplementary pension assessed as below:

the weekly basic pension is 60% of the weekly amount of basic insurable earnings*. The basic pension is increased by 80%, 90% and 100% for one, two or three dependants respectively. A spouse (male or female) is considered dependant if is neither working nor receiving any benefit from the Social Insurance Fund;
the weekly supplementary pension is 60% of the average weekly earnings exceeding the weekly basic insurable earnings accumulated the last two years before the day of the accident and for which the applicant has paid social insurance contributions.
*The weekly amount of basic insurable earnings is €174.38. This amount is adjusted once a year according to changes in wages. The maximum weekly amount of basic insurable earnings is €1,046.

The permanent disablement benefits are adjusted in January and July each year according to changes in wages and prices. The Disablement Pension for 20% to 99% disability is calculated as a percentage of the full disability pension (basic and supplementary) according to the degree of disability. However, if the person concerned remains permanently incapable of work, the degree of the disablement pension is increased to 75%, 85% and 100% as for the Invalidity Pension.

A Disablement Grant is paid for disabilities of 10% to 19%. The disablement grant is equal to 7 times the yearly amount of full disability pension (without any increase for dependants), multiplied by the percentage of the degree of disability.

The beneficiaries of a disablement pension are entitled also to an allowance for constant care. This is equal to 55% of the basic disablement pension for 100% disability, meaning that the current monthly allowance is € 230,18 .

3. Death Benefits

The survivors of an employed person who died as a result of an accident at work or occupational disease are entitled to death benefits which includes the widows'/widowers' pension, the orphans' benefit and the funeral grant.

The applications for the death benefits must be submitted to the nearest Social Insurance Office, within three months from the date of death or one year in case of the funeral grant.
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Accidents at Work
In case you have been involved in an accident at work, which was not your fault, you may be able to make a claim for compensation.

Similarly to all other claims for accident compensation, you will need to prove that your injury was caused due to the negligence of another party during your employment.

Who is liable to compensate you?

Every employer has responsibility and duty of case in protecting their employees and independent contractors (including visitors). Employers need to provide employees with all health and safety equipment and to maintain the employment environment in a safe condition. The workplace need to be kept in secure condition for the employees' safety and in case of employments which require manual human involvement, with sufficient training or guidelines and instructions.

Make a Claim

If you have been injured during your employment you may feel free to contact us for a preliminary consultation. We will guide you through your chances of succeeding a personal injury claim against your employer as well as with an approximate estimation of the compensation you may be entitled to.

For more details as to how can we help you, please contact us now on 96249621 or 22463410. Please like and share :)

22/03/2016

Divorce in cyprus

F.Y.I Dissolving a Marriage in Cyprus

One in five marriages in Cyprus will end in divorce. Family law provisions on the island are complicated by changes in the law made in 2003 which means that different laws will apply to those who were married before 2003 and those who were married after 2003. The newer Marriages Law 2003 will deal with divorces of marriage celebrated after 2003 whereas marriages that took place before 2003 are dealt with under the provisions of the Family Courts Law.

In order for a divorce to be dealt with by the Cypriot Courts, the parties must have lived in the Republic of Cyprus for at least three months, nationality is not a factor.

The first matter to be ascertained when seeking a divorce is whether the marriage was celebrated in the Church. In the case that no religious ceremony took place, an application may be made to the Courts to divorce immediately. However, where a Church ceremony has also taken place, the competent Bishop will need to be informed of the intention to divorce before the Registrar of the Family Court will accept the application for divorce in the Civil Court. The only cases where this will not be necessary are in the case of divorces by reason of a spouse declared missing and presumed dead or divorce on the grounds of insanity. Three months from the date of notification of the Bishop will need to pass before the application for divorce in the Civil Court may proceed.

Broadly speaking, in order to obtain a divorce the following grounds may be cited:

Serious breakdown of the relationship;
Inexcusable desertion for two years or long periods of absence that add up to more than two years. An invitation to return should have been made;
Infidelity;
Separation for five years;
Immoral behavior leading to relationship breakdown which makes the relationship intolerable to the applicant;
Violence within the relationship, physical abuse;
Insanity;
Imprisonment of the spouse for over seven years;
Spouse declared dead or missing;
Inability to have s*xual in*******se which existed at the time of creation of the marriage and continues for six months and at the time of application for divorce;
Refusal of one party to have children against the wishes of the other party;
Change of religion.
The application to dissolve the marriage will need to be submitted to the Family Court in the province where the parties live. Where a religious ceremony took place, the application must be accompanied by proof of posting notification to the Bishop mentioned above.

The Family Courts will be able to grant exclusive use of the home or possessions pending divorce, but the application for divorce will primarily concern the dissolution of the marriage, matters concerning property disputes and maintenance will need to be settled by means of separate applications.

The Court will deal with the division of property in accordance with the Law Regulating Property Relations of Spouses (Law 232/1991) which provides that in the event of dissolution or annulment of a marriage if the property of one spouse has been increased and this increase has been contributed to in any way by the other spouse then an application may be made by the contributor for a return of a share of the increase.

The contribution will be presumed to be 1/3 of the increase unless a larger or smaller contribution is proved.

Maintenance may also be awarded in according to the provisions of Law 232/1991 in the event that the spouse cannot maintain him/herself because of age, health or where a child is under 18.

The Relations of Parents and Children Law (216/1990) gives mandatory child maintenance provisions and states that parents are jointly responsible for the maintenance of minor children according to their capacity.

Family law is a highly sensitive area of law. In Myrianthous law firm,we will be able to advise on all aspects concerning divorce, property settlements, maintenance and custody. If you wish to speak to one of our lawyers in absolute confidence then please contact us on 96249621 or 22463410. Please like and share :)

22/03/2016

F.Y.I
Road Accidents
Road Traffic Accidents in Cyprus include a variety of situations which an individual may find himself or herself being a victim of someone else's negligence or fault.

Road traffic accidents, include

car accidents - if you have been involved in a car accident in Cyprus which was not your fault, you may be entitled to a car accident compensation. Can accident injuries vary from minor whiplash, cuts and bruises, to more serious injuries such as broken bones and spinal injuries. Make sure you are compensated not only for the current damages and suffering but also for the years following.
cycle accidents - cycling in Cyprus is nowadays a widely used healthy promoted exercise. Unfortunately, cycle accidents are also inevitable and seem to happen. If you have been at a cycle accident in Cyprus you need to make sure you exchange details with the other person involved in the collision. Often, a harmless cycle collision may have caused you head or spinal injuries which may affect you later on.
pedestrian accidents - in case you are involved in a pedestrian accident in Cyprus, you need to prove that someone else is responsible for your injury. You try collecting names, addresses and other contact detail of people who might have witnessed your accident. Pedestrian accidents can happen on a zebra crossing or while walking on street and you are knocked out by a car. Injuries from pedestrian accidents can vary from minor to even fatal ones; you need to make sure that you are compensated adequately.
motorcycle accidents - driving a motorcycle in Cyprus can be more exciting than being in a car however there are serious negatives too. Serious or fatal damages mostly relate to motorcycle involved accidents. Even thought, according to Cyprus laws, a motorcyclist has an obligation to secure himself (by being alert, not overtaking, don't speed etc.) another road user also has serious obligations toward the motorcyclist. We ensure that the other driver's obligations are broad up to surface and compensate you for your damage, or loss.
passengers injured in road accidents - passengers are not less exposed than the driver during a road traffic accident in Cyprus. Whether you are a passenger on public transport, in a private vehicle or in a taxi, if you are injured due to someone else's negligence you can be entitled to compensation. The difference of being a passenger than being a driver is that it is very unlikely that a passenger could be found to be anything else than an innocent victim; just make sure you have your seatbelt on.
road accidents involving emergency services - all road users in Cyprus have duty of care towards other users. Emergency vehicles (such as ambulances) do sometimes need to travel at a high speed and ignore traffic signals, therefore you need to be vigilant for warning sirens or lights. However, your failure to see a speeding ambulance does not entirely stop you from claiming compensation (vicarious liability test will apply).
hit & run drivers, or uninsured vehicles - if you an unfortunate to be the victim of a hit and run accident in Cyprus, where the person responsible for the accident leaves the scene, or of an accident where the liable person is an uninsured driver, you still are entitled to make a personal injury compensation claim from the Motor Insurers Fund of Cyprus (MIF) for unidentified vehicles. We will guide you through and help you claim the maximum compensation under the circumstances.
whiplash - in case you feel stiffness, pain and/or restriction of movement in the neck area, or even headaches and pain on shoulders or arms, after any type of accident, it is almost certain that you are suffering of whiplash. The symptoms may develop instantly after an accident or in 2 -3 days afterwards. Its' severity may take days, months or years. You need to visit a doctor, and a lawyer. We will make sure that you are compensated of your current, and future, pain and suffering.
Injuries suffered from road traffic accidents can vary from minor whiplash to fatal injuries. If you or anyone you know has suffered a personal injury in Cyprus as a result of a road accident, contact us now for an accurate advice.

You need to be aware that time limits apply when making a personal injury claim for car accidents.

We are experts on personal injury matters. We will advise you as to your claim, whether you have, or have not, a good case.

For more details as to how can we help you, please contact us now 96249621 or 22463410
Feel free to like and share :)

22/02/2016

:my boss Elena Myrianthous:
am the director and founder of Elena Myrianthous LLC and I am a Member of the Cyprus Bar Association since 2001 with Cyprus Bar Association Serial Number 2959.

In 2000 I obtained my LLB degree from the University of Ess*x, UK and i continued my studies at the same University where I obtained an LLM in European Community Law.

I worked for 8 years at Costas Demetriades LLC and since December 2009 I have my own Law Firm in Nicosia and Paphos.

I have extensive experience in Civil Litigation and Legal Assistance, Advising on Personal Injuries, Car Accidents, Private, Public and SE Company Law, Commercial Contracts, Cyprus International Trusts, International Franchises, Licensing, Mergers and Acquisitions, Property Law, Shareholder Agreements and Joint Ventures, Shipping (Wet) and Bare-Boat Chartering, Trademarks, Immigration Law, Family Law, Intellectual Property Law, Wills and Testaments, Criminal Litigation and Banking Law.

My firm is staffed with experienced lawyers tailored to provide the best results in all aspects of Law with integrity efficiency and professionalism to our clientele.

My aim and my Staff's aim is to be the best in every area of our legal and paralegal practice and to work with our clients persistently to update and perfect our services.

We work closely with our clients in meeting their expectations and ensuring that the services we provide are exactly what they require.

Our aim is to create a personal professional relationship with our clientele in a professional and cost-effective manner.

The firm operates on a departmental basis, covering all aspects of the Law.

We are a sector-focused Law Firm with knowledge of our clients businesses and the sectors in which we operate.

Experience:
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MYRIANTHOUS LLC
SENIOR PARTNER
MYRIANTHOUS LLC
December 2009 – Present (6 years 3 months)Auto Car Accidents and General Personal InjuriesCorporate LawGeneral Civil LitigationCriminal Law and Criminal LitigationFamily Law
• Contract Law - Drafting and interpreting a wide variety of commercial contracts and agreements and providing legal advice on all contract law matters.
• Trust Law – Drafting, amending, reviewing, terminating trust deeds, provision of trustee services, legal advice on trusts.
• Tax Law – Tax planning and advising clients in co-operation with the Group’s accountants.
• Real Estate and Property Law – Legal advice on property matters and real estate. Immigration Law – Advising and assisting clients on permanent residency and naturalization process in Cyprus.
• Energy Law - Assisting and advising clients in all project stages -planning and R&D, negotiation process, preparation of agreements and contracts, review of documents, liaisoning with Government Departments and Local Authorities and securing licences and permits.
• Shipping Law – Formation of shipping companies, registration of vessels and yachts under the Cyprus Flag, advising on the Cyprus Tonnage Tax System, assisting with the Cyprus Yacht Leasing Scheme, implementation of the IMO Best Management Practices for Piracy (BMP 4), drafting and interpreting charter-party Agreements, general shipping law advice.
• Liquidations- Assisted and advised on legal matters regarding liquidation and receiverships of companies. Trade Marks Registration.Intellectual Property

2001-2009
Costas Demetriades LLC
2001 – 2009 (8 years)Car Accidents and Personal Injuries Corporate Law
• Contract Law - Drafting and interpreting a wide variety of commercial contracts and agreements and providing legal advice on all contract law matters.
• Trust Law – Drafting, amending, reviewing, terminating trust deeds, provision of trustee services, legal advice on trusts.
• Tax Law – Tax planning and advising clients in co-operation with the Group’s accountants.
• Real Estate and Property Law – Legal advice on property matters and real estate. Immigration Law – Advising and assisting clients on permanent residency and naturalization process in Cyprus.
• Energy Law - Assisting and advising clients in all project stages -planning and R&D, negotiation process, preparation of agreements and contracts, review of documents, liaisoning with Government Departments and Local Authorities and securing licences and permits.
• Shipping Law – Formation of shipping companies, registration of vessels and yachts under the Cyprus Flag, advising on the Cyprus Tonnage Tax System, assisting with the Cyprus Yacht Leasing Scheme, implementation of the IMO Best Management Practices for Piracy (BMP 4), drafting and interpreting charter-party Agreements, general shipping law advice.
• Liquidations- Assisted and advised on legal matters regarding liquidation and receiverships of companies.
• Binary Options- Assisting clients in their application and monitoring the procedure of obtaining a Cysec licence for binary options trading.Trade Marks Registration.Intellectual PropertyFamily LawCriminal LitigationBankingGeneral LitigationCivil Litigation

Skills:
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Legal Advice
Corporate Governance
Mergers & Acquisitions
Legal Research
Legal Writing
Commercial Litigation
Intellectual Property
Due Diligence
Joint Ventures
Management
Dispute Resolution
Civil Litigation
Contract Law
Arbitration
Negotiation
Trademarks
Licensing
Business Strategy
Trusts
Tax Law
Employment Law
Mediation
Alternative Dispute Resolution
Finance
Cross-border Transactions
International Arbitration
Corporate Finance
Competition Law
Restructuring
Administrative Law
International Trade Law
Car Accidents and Personal Injuries
Wills and Testaments
General Litigation
Immigration Law and Citizenship Services
Shipping Law and Maritme
Criminal Law, Criminal Litigation and Mediation
Trust Law and Trust Sevices
Property Law and Real Estate
Insurance Law
Funds
Family Law and Family Litigation
Banking & Finance
Corporate Law & Corporate Services
Property Administration
Corporate Law
Litigation

Education:
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University of Ess*x
University of Ess*x
Bachelor's Degree, LLB AND LLM IN EUROPEAN COMMUNITY LAW, 2/1
1997 – 2001
Lyceum of Polis Chrysochous, Paphos, Cyprus
Lyceum of Polis Chrysochous, Paphos, Cyprus
Apolitirion with grade 19/20, Economics
1990 – 1996

Languages:
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English
Greek
Russian

Volunteer Experience & Causes
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Causes Elena cares about:
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Animal Welfare
Arts and Culture
Children
Civil Rights and Social Action
Disaster and Humanitarian Relief
Economic Empowerment
Education
Environment
Health
Human Rights
Politics
Poverty Alleviation
Science and Technology
Social Services
Organizations
CYPRUS BAR ASSOCIATION
Starting December 2001

18/02/2016

Can the EU continue to have no checks at its internal borders? The benefits of Schengen have always been appreciated by travellers but the future of the common travel area is now in question. Learn more about its history and read Parliament’s ideas to safeguard it @ http://epfacebook.eu/nG8r

18/02/2016

Tackling discrimination..
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The EU acts on behalf of EU citizens to prevent them being discriminated against on grounds of racial or ethnic origin, religion or belief, disability, age or s*xual orientation and s*x.
EU fight against discrimination
The European Commission takes action to:
improve knowledge of discrimination by raising awareness among the population of their rights and obligations and also of the benefits of diversity;
support intermediary actors such as NGOs, social partners and equality bodies to improve their capacity to combat discrimination;
support the development of equality policies at national level and encourage the exchange of good practices between EU countries;
achieve real change in the area of anti-discrimination through anti-discrimination training activities;
push for business-oriented diversity managementas part of a strategic response to a more diversified society, customer base, market structure and workforce.
In addition to the two Directives (Racial Equality Directive and Employment Framework Directive), the European Commission adopted in July 2008 a Communication which presents a comprehensive approach to stepping up action against discrimination and to promoting equal opportunities and a Commission Decision creating a non-discrimination governmental experts group.
The European Commission supports equal treatment of the Roma, the EU largest ethnic minority.

16/02/2016

Call us for any inquiries.

15/02/2016

04/02/2016

:Knowledge comes, but wisdom lingers. It may not be difficult to store up in the mind a vast quantity of facts within a comparatively short time, but the ability to form judgments requires the severe discipline of hard work and the tempering heat of experience and maturity.

-Calvin Coolidge