From the series The Malta Employment Lawyer Explains – Article 2
Working Hours And Overtime
Introduzione
The Transparent and Predictable Working Conditions Regulations require employers to inform employees about their normal pay rates and normal working hours. These working time standards are not only about productivity but also about safeguarding employee well-being.
Working hours, rest breaks, and overtime rules in Malta are designed to protect workers by:
- Setting clear limits on maximum working hours;
- Ensuring employees receive adequate rest periods;
- Providing fair compensation for extra hours worked.
Employers are also legally obliged to maintain accurate and up-to-date records of employee working hours. These records must be available for inspection by authorities and preserved for at least two years.
Standard Working Hours in Malta
The standard full-time workweek in Malta is 40 hours. However, employers may sometimes require employees to work additional hours. However, with overtime, the maximum average working time cannot exceed 48 hours per week, calculated over a reference period – normally of 4 months, but this can extend to 6 months under a collective agreement, or up to 12 months in exceptional cases with authority approval.
In any case, employees may voluntarily opt out of the 48-hour maximum, but this must be in writing and can be revoked with reasonable notice. Moreover, if an employee does not consent to work more than the average 48 hours, the employer cannot force them or take retaliatory action against them.
Contracts of employment may also specify allowances for overtime, stating that a fixed payment covers a certain number of extra hours, provided the 48-hour average cap is respected.
Rest Periods and Breaks
Rest entitlements ensure employees have adequate time to recover. Employees are entitled to:
- Daily rest: At least 11 consecutive hours of rest in every 24-hour period;
- Weekly rest: At least 24 consecutive hours of rest every 7 days, or 48 consecutive hours over a 14-day period. Ideally, this rest should include a Sunday.
- In-work breaks: Employees working more than 6 hours are entitled to at least 15 minutes of rest.
Night Shift and Weekend Work
Special protections apply for employees working at night or on weekends:
- Night workers: Defined as employees who regularly work at least 3 hours during the night (10 PM – 6 AM).
- Maximum average: 8 hours in any 24-hour period (including overtime), calculated over a reference period;
- Health checks: Night workers are entitled to free health assessments before starting and at regular intervals thereafter.
- Weekend work:
- No separate maximum hours exists beyond the 48-hour weekly cap;
- Employees remain entitled to their weekly rest period, ideally including a Sunday.
Overtime Rules
Overtime is any work performed beyond the standard hours in the contract, collective agreement, or 40-hour baseline.
When it comes to payment for overtime, employees in industries without a Wage Regulation Order (WRO) must be paid 1.5x their normal hourly rate for overtime. However, when it comes to industries with a WRO, the compensation for overtime work depends on the specific industry, and which often include higher rates for work on Sundays or public holiday.
Accordingly, employers may require overtime only if:
- Total hours remain within the 48-hour weekly average, or
- The employee has given written consent to work beyond this.
Employees cannot be forced to consent to exceeding the 48-hour average. Refusal cannot lead to punishment or discrimination. Moreover, employees who would have consented to work overtime, may withdraw consent at any time, by providing a written notice.
In any case, in accordance with the Protection of Maternity (Employment) Regulations, employees cannot be required to work overtime:
- During pregnancy.
- For 12 months following the birth or adoption of a child.
Conclusione
Working hours and overtime rules in Malta are carefully regulated to strike a balance between productivity, fair pay, and employee well-being. The 48-hour weekly cap protects employees from excessive working hours, while allowing flexibility where workers voluntarily consent. Rest entitlements and protections for night, weekend, and pregnant workers demonstrate Malta’s commitment to safeguarding workers’ health.
By maintaining compliance with these rules, employers not only avoid legal risks but also foster healthier, fairer, and more sustainable workplaces.
Questo articolo è solo a scopo informativo e non deve essere interpretato come consulenza legale. Le informazioni fornite riflettono la legge così come si presenta alla data di pubblicazione del blog. Per la versione più aggiornata o per una consulenza su misura per le tue circostanze specifiche, ti incoraggiamo vivamente a consultare un avvocato.
Articolo e ricerca a cura della Sig.ra Caitlin Turner, Laurea in Giurisprudenza (con lode) (Melit.), attualmente sta seguendo un Master in Advocacy presso l'Università di Malta.
Sciberras Advocates, fondato dall'Avvocato Adrian Sciberras, è uno studio legale con sede a Malta. Lo studio si vanta di essere multidisciplinare, innovativo e flessibile per far fronte ai tempi che cambiano e a qualsiasi sfida nello scenario legale locale e internazionale. Qualunque siano le complesse esigenze private o societarie richieste, Sciberras Advocates offre soluzioni legali pratiche ed economiche per raggiungere i risultati desiderati. È possibile contattare Sciberras Advocates telefonicamente al numero +35627795222o via email su [email protected].
