From the series The Malta Employment Lawyer Explains – Article 1
Understanding The Basics Of The Employer-Employee Relationship
引言
Employment law lies at the foundation of every fair and functioning workplace. In Malta, while working conditions may differ across industries, there are core legal standards that every employer must uphold. These standards are designed to protect employees, promote fairness, and ensure safe and dignified working conditions for all.
Malta’s employment framework covers key aspects such as working hours, minimum wage, health and safety, termination, and parental leave. These not only safeguard employees’ rights but also guide employers in maintaining lawful and ethical practices.
Whether you are an employee seeking to understand your rights or an employer striving to meet your obligations, a solid grasp of Malta’s employment law is essential. This first article in our Employment Law Series explores the key principles that govern the local workplace and the legal framework that underpins employer–employee relationships.
The Written Contract
Every employment relationship in Malta must be governed by a written statement of employment – a legally binding document that outlines the terms and conditions of work. Employers are required to provide a copy of this written information statement within seven calendar days of an employee’s first day of work.
In line with the Transparent and Predictable Working Conditions Regulations (S.L. 452.126), employers must supply this information in writing – either on paper or electronically – ensuring it can be accessed, stored, and printed by the employee.
The written statement must specify key details such as:
- Employer’s name, registration number, and business address;
- The place of work and job title;
- A description of duties;
- Commencement date and, where applicable, end date (for fixed-term contracts);
- Salary, working hours, leave entitlements, notice periods, and other key conditions of work.
In addition, an employment contract may also be provided.
Employment contracts can be fixed-term (with a set expiry date) or indefinite (open-ended). Regardless of the type, terms cannot be changed unilaterally – both parties must agree to any amendments.
Employers must also provide employees with copies of relevant workplace policies, including disciplinary procedures. Both sides are entitled to seek legal advice before signing to ensure full understanding of their rights and obligations.
Employed vs Self Employed
Under Article 2 of the Employment and Industrial Relations Act (EIRA), an employee is defined as a person working under a contract of service and under the direction and control of another. Those providing services independently, without such control, are generally classified as self-employed.
The Employment Status National Standard Order (S.L. 452.108), in Article 3, sets out criteria to help determine employment status: an employment relationship is deemed to exist if a worker meets at least five of the following criteria:
- The worker depends on one person or entity for at least 75% of their annual income.
- The person for whom the service is provided determines the work to be done, as well as how and where it is carried out.
- The work is performed using tools, equipment, or materials supplied by that person.
- The worker follows a schedule or minimum working periods set by the person receiving the service.
- The worker cannot subcontract the work to others.
- The worker is integrated into the organisation’s structure or hierarchy.
- The work performed is a core activity of the organisation.
- The worker performs similar duties to existing employees, or to those previously done by employees before the work was outsourced.
Employees may be full-time, whole-time, or part-time. Importantly, Maltese law ensures that part-timers are not treated less favourably than full-timers regarding pay and benefits.
Sources of Maltese Employment Law
The cornerstone of Maltese employment law is the Employment and Industrial Relations Act (EIRA), Chapter 452 of the Laws of Malta. This Act regulates essential aspects such as wages, working conditions, discrimination, and termination procedures.
Other key sources include:
- Wage Regulation Orders (WROs): Define sector-specific minimum standards and leave entitlements.
- Health and Safety at Work Act (Cap. 646 of the Laws of Malta): Establishes the Occupational Health and Safety Authority (OHSA) to safeguard the well-being of workers.
- Employment and Training Services Act (Cap. 594 of the Laws of Malta): Regulates employment services, traineeships, and third-country national employment, and establishes Jobsplus and the National Employment Authority.
Judgments from the Industrial Tribunal, Court of Appeal, and the European Court of Justice (CJEU) also play an important interpretative role, even though Malta does not follow the doctrine of precedent.
结论
Employment law in Malta provides the framework for a balanced and fair relationship between employers and employees. Grounded in both national legislation and EU principles, it promotes a just, transparent, and sustainable labour market.
By understanding and adhering to these legal standards, employers can operate responsibly while employees can work confidently knowing their rights are protected. Ultimately, awareness and compliance foster workplaces built on trust, fairness, and mutual respect – the hallmarks of a modern and equitable employment environment.
本文仅供参考，不构成法律意见。所提供的信息反映了发布日期当时的法律状况。为了获取最新版本或针对您具体情况的建议，强烈建议您咨询律师。.
文章和研究由凯特琳·特纳女士完成，, 法学学士（荣誉）（马耳他）, ，目前正在马耳他大学攻读律师学硕士学位。.
Sciberras Advocates 由 Adrian Sciberras 博士创立，是一家总部位于马耳他的律师事务所。该事务所以其多学科、创新和灵活的特点而自豪，能够应对不断变化的时代以及本地和国际法律环境中的任何挑战。无论面临何种复杂私人或公司需求，Sciberras Advocates 都能提供切合实际且具有成本效益的法律解决方案，以实现您期望的结果。您可以通过电话联系 Sciberras Advocates： +35627795222或通过电子邮件发送至 [email protected].
