MALTA Law and Practice Contributed by: Paul Gonzi, Rebecca Diacono and Mattea Pullicino, Fenech & Fenech Advocates
• private schools; • woodworks; • hotels and clubs;
eral laws on trade and commerce without the protec - tion of employment laws. The Employment Status National Standard Order, SL 452.108, serves to protect against the abuse of purported self-employment. This National Standard Order delineates that when an individual is engaged to provide services and satisfies five out of the eight broadly defined conditions, then that relationship between the client and the individual shall automati - cally (by operation of the law) be deemed to be an employment relationship, notwithstanding any decla - ration to the contrary. Consequently, such individual shall be afforded the relative protections under the EIRA, and the law makes certain assumptions towards protecting that per - son (eg, that, unless otherwise stated, the assumed employment is of an indefinite duration). The National Standard Order lays down the following conditions. • The individual depends on one party for which work is performed for at least 75% of their income over a one-year period. • The individual depends on such party to determine what work is to be done and how it should be car - ried out. • The individual performs the work using equipment, tools and machinery provided by such party. • The individual is subject to a work time schedule or minimum work periods established by such party. • The individual cannot sub-contract their work to other individuals or substitute themselves when carrying out the work. • The individual is integrated into the structure of the production process, the work organisation or the company’s or other organisation’s hierarchy. • The individual’s activity is a core element in the organisation and pursuit of the objectives of such party. • The individual carries out similar tasks to exist - ing employees or to those formerly undertaken by employees. Exemptions from such rules may be sought by way of exception. However, the general rule is that an
• the beverage industry; • food manufacturing; • hire of cars; • laundry; • tobacco industry; • seafaring; • agriculture; • jewellery;
• clay and glass; • travel insurance; • plastic; • paper and electronics; • domestic services; • the canning industry; • digital platform delivery; and • hospitals and clinics. Each WRO will define the sector to which it applies in more detail. A Professional Offices Wages Wage Regulation Order applies to offices and establishments of architects, engineers, legal advisers, notaries, accountants, auditors, bookkeepers, trade unions, consultants in branches of engineering, architecture, law and accounting, and research and scientific establish - ments (except labs in private hospitals and market research units and advertising agencies). Where no WRO applies to an industry (such as the i-gaming industry), other general conditions will apply – and these are primarily regulated by the Minimum Special Leave Entitlement Regulations. Part-timers are employees who work less than full- timers and who are entitled to pro rata benefits, cal - culations and payments. Under Maltese law, part-time workers are regulated by means of the Part Time Employees Regulations, SL 452.79. Maltese law also underlines that part-timers are not to be treated less favourably than full-time workers. Self-Employed Individuals In Malta, self-employment is not regulated, as such, in that a self-employed person is regulated by the gen -
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