MALTA Law and Practice Contributed by: Paul Gonzi, Rebecca Diacono and Mattea Pullicino, Fenech & Fenech Advocates
Fenech & Fenech Advocates 198, Old Bakery Street Valletta VLT1455 Malta Tel: +356 2124 1232 Email: paul.gonzi@fenechlaw.com Web: www.fenechlaw.com
1. Employment Terms 1.1 Employee Status
to be a full-timer if such person works an average of 40 hours a week. The EIRA contains rights and obligations that apply across the board, irrespective of the industry or sector of employment, such as on the protection of wages, rules on termination, rules on discrimination and equal pay. Wage Regulation Orders (WROs) Maltese law also establishes various rights and limita - tions that apply to specific sectors/industries. These sector-specific rules are regulated by means of several sector-specific Wage Regulation Orders (WROs). Typi - cally, these WROs would regulate minimum wages, overtime rates, special allowances and leave entitle - ments. One such industry is the wholesale and retail industry, regulated by the Wholesale and Retail Trades Wag - es Council Wage Regulation Order, SL 452.63. This applies to wholesale merchants, distributors, import - ers, exporters, commission agents, wholesale and marketing co-operatives, retailers, lending libraries, auctioneers, hairdressers, consumers’ co-operatives and photographic studios, but excludes shops run under the management of a hotel or club (in respect of which a separate WRO applies). Sector-specific WROs exist for: • public transport;
The Maltese workforce is commonly divided into two main categories: employed individuals and self- employed individuals. Over the past years, the courts have also cited the term “workers”, which broadly incorporates employ - ees, agency workers, contract staff and self-employed persons who are contingent on a single employer. Employees The Employment and Industrial Relations Act (EIRA), Chapter 452 of the Laws of Malta, defines an employ - ee as “any person who has entered into or works under a contract of service, or any person who has undertaken personally to execute any work or service for, and under the immediate direction and control of another person, including an outworker but excluding work or service performed in a professional capac - ity or as a contractor for another person when such work or service is not regulated by a specific contract of service”. Any person, therefore, who is party to an employment contract is deemed to be an employee. The definition in the EIRA also comprises outworkers and other personnel who work under the direction and control of another person, but it excludes profession - als and contractors who have no employment con - tract with the employer. In turn, employees may be classified into three cate - gories: full-time workers, full-time workers on reduced hours and part-time workers (including casual work - ers). Under Maltese law, an employee is considered
• cinemas and theatres; • printing and publishing;
• construction; • allied industry;
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