Employment Law Subsidiary Legislation 452.127
In October of last year, Legal Notice 268 of 2022 within the Employment Law – Subsidiary Legislation 452.127 was introduced, and this law will come into force shortly. The title of this order is the Digital Platform Delivery Wages Council Wage Regulation Order. This law relates to those providing paid services by delivering any consumer product, such as food delivery couriers and other digital platform workers, and it holds an emphasises on access to labour and social protection rights, and increased transparency and predictability in employee working conditions.
Through this revamped legislative framework, these workers will be guaranteed a fixed salary and will be covered on any statutory bonuses, overtime and sick leave.
The subsidiary legislation defines:
- ‘digital labour platform’ (DLP) as any natural or legal person providing a commercial service by allowing the delivery of any product meeting the following requirements:
- provided at a distance through electronic means via a website or mobile application;
- provided at the request of the service recipient;
- involves as a necessary and essential component, the organisation of work performed by persons, including but not limited to food couriers through the use of vehicle transportation
- ‘digital platform work’ refers to any work organised through a DLP and performed in Malta by a person according to a contractual relationship between the DLP the person OR between the work agency and the person, in both cases irrespective of whether a contractual relationship exists between the person and the service recipient.
- The term ‘employer’ now comprises also of DLP and work agencies unless otherwise expressly provided or as the context requires
- ‘platform worker’ refers to:
- any person performing digital platform work who has entered into a contract of employment, an employment relationship or any other arrangement irrespective of the contractual designation with any DLP or multiple DLPs, whether on a regular or an irregular basis, to provide delivery services of any product; and
- any person performing digital platform work who has entered into a contract of employment, an employment relationship or any other arrangement irrespective of the contractual designation with a work agency and who is assigned to or placed at the disposal of, whether on a regular or irregular basis, any DLP platform or multiple DLPs to provide delivery services of any product.
- ‘work agency’ is any natural or legal person who enters into employment contracts, employment relationships or any other arrangement irrespective of the contractual designation with platform workers which are assigned to or placed at the disposal of, whether on a regular or irregular basis, any DLP or multiple DLPs, to provide delivery services of any product, whether such activity is the main activity or an ancillary activity of the work agency or otherwise.
The Digital Platform Delivery Wages Order confirms the commitment of the Government of Malta to tackle precarious work by ensuring the establishment of the minimum standards of working conditions which guarantee the quality of life of such workers. At Sciberras Advocates, we are able to handle any issues pertaining to employment and labour law, recognising the importance of this sector in business.
This article is for information purposes only and should not be construed as legal advice.
Sciberras Advocates founded by Dr Adrian Sciberras, is a law firm based in Malta. The firm prides itself to be multi-disciplinary, innovative and flexible in order to meet the changing times and any challenges in the local and international legal scenario. No matter what private or corporate complex demands are called for, Sciberras Advocates offers practical and cost-effective legal solutions to achieve your desired results. You may reach Sciberras Advocates by phone on +35627795222 or via email on [email protected].
