EMPLOYMENT AND INDUSTRIAL RELATIONS ACT

EMPLOYMENT AND INDUSTRIAL RELATIONS

CHAPTER 452

EMPLOYMENT AND INDUSTRIAL RELATIONS ACT

To consolidate, with amendments, the Conditions of Employment (Regulation) Act

(Cap.135) and the Industrial Relations Act (Cap. 266).

2nd December, 2002

27th December, 2002

ACT XXII of 2002, as amended by Acts IX of 2003, III of 2004 and XIX of 2006; Legal

Notice 427 of 2007; Acts V of 2009, V of 2011 and XVI of 2012; Legal Notice 426 of 2012; and

Acts IV of 2015 * and XXXIII of 2016 , XIII of 2018, VI , XXIX of 2019 , LVIII of 2020 , XX of

2022 and XXXV , XLII and XLIII of 2023, XXXIII of 2024, XIV, XXXI and XXXVI of 2025 and

XI of 2026.

The short title of this Act is the Employment and Industrial

Relations Act.

(Article 64(6))

List and number of offices required to be manned at all times for the continued

provision by the Government of essential services to the community.

Offices

Number

CATEGORY A

ADMINISTRATIVE SERVICES

Director General (Health)

Administrative Director responsible for

Pharmaceutical Services

Administrative Director responsible for Hospitals

Administrative Director responsible for Public

Health

Administrative Director responsible for Primary

Health Care

Consultants in Administrative Posts .........................

Principal Medical Officers .......................................

Port/Airport Medical Officers ..................................

CLINICAL SERVICES IN MALTA

Consultants

All D irectors and Clini cal Chairperso ns (with

respect to administrative duties and responsibilities

to ensure the effective running of their respective

departments) ...........................................................

Medical Administrator – Gozo General Hospital ......

Manager Nursing Services

St. Luke’s Hospital

Mount Carmel Hospital

Boffa Hospital

Gozo General Hospital

St. Vincent De Paule

Manager Midwifery services

Manager Radiography

Manager Physiotherapy

Manager Laboratory Services

CATEGORY B - DOCTORS

For the purposes of this category, the term "on call" shall mean that the person

may be contacted by phone, pager or otherwise and is expected to exercise

clinical judgement and the term "resident" shall mean present on site in the

hospital to deliver emergency services; the term "by day" shall mean from 8.00

am to 10.30 pm and the term "by night" shall mean from 10.30 pm to 8.00am.

Accident and Emergency Department

On Call ...................................................................

1 Consultant

EMPLOYMENT AND INDUSTRIAL RELATIONS

Offices

Number

Resident by day .......................................................

6 Senior Registrar/

Registrar/SHO/MO/HM

Resident by night ....................................................

4 Senior Registrar/

Registrar/SHO/MO/HM

Medicine

Consultants On Call ................................................

1 Gastroenterology

1 Diabetology

1 Neurology

1 Nephrology

1 Haematology

1 Respiratory

1 Cardiology

1 Infectious Disease

Resident ..................................................................

2 Senior Registrars

2 Registrar/SHO

3 Housemen

Surgery

Consultants On Call ................................................

1 Orthopaedic Surgery

1 ENT

1 Ophthalmology

1 Cardio Thoracic

1 Urology

1 Plastic Surgery

1 Neuro Surgery

1 Vascular/Transplant

Surgery

Resident ..................................................................

2 Senior Registrars

1 Sen. Reg. Osthopaedics

2 Reg/SMO Gen Surgery

1 Reg/SHO Orthopaedics

1 Reg/SHO Ophthalmology

1 Reg/SHO Cardiothoracic

1 Reg/SHO Urology

1 Reg/SHO ENT

4 Housemen

Paediatrics

Consultants On Call ................................................ 1 Consultant Paediatrician

1 Paediatric Surgeon

1 Paediatric Cardiologist

1 Paediatric Oncologist

Resident ..................................................................

1 Senior Registrar

3 Reg/SHO/Houseman

EMPLOYMENT AND INDUSTRIAL RELATIONS

Offices

Number

Obstetrics and Gynaecology

Consultants On Call ................................................

1 Consultant Obstetrician

Resident ..................................................................

1 Senior Registrars

2 Reg/SHO

2 Housemen

Anaesthesia

Consultants On Call ................................................ 3 Consultant Anaesthetists

Resident ..................................................................

5 Senior Registrars

1 Sen Reg for ITU

Radiology

Consultants On Call ................................................ 1 Consultant Radiologist

Resident .................................................................. 1 Senior Reg/ Reg/ SHO

Blood Transfusion

Consultants On Call ................................................

1 Consultant

Resident ..................................................................

1 SHO/MO/Houseman

Pathology

Officers in charge on Call .......................................

1 Toxicology

1 Virology

1 Bacteriology

1 Infection Control

1 Histopathology

1 Biochemistry

1 Public Health Laboratory

Psychiatry

Consultants On Call ................................................ 1 Consultant Psychiatrist

Resident ..................................................................

2 Sen Reg/ Reg/ SHO/

Houseman

Geriatrics

Consultants On Call ................................................ 1 Consultant Geriatrician

Resident ..................................................................

2 Sen Reg/ Reg/ SHO/

Houseman

Oncology

Consultants On Call ................................................ 1 Consultant Oncologist

Resident ..................................................................

2 Sen Reg/ Reg/ SHO/

Houseman

Dermatology

Consultants On Call ................................................ 1 Consultant Dermatologist

CATEGORY C

Nursing Services

For the purposes of this category, the term "by day" shall mean from 7.00 am to

7.00 pm and the term "by night" shall mean from 7.00 pm to 7.00am.

Special Care Baby Unit ...........................................

Full staff complement

EMPLOYMENT AND INDUSTRIAL RELATIONS

Offices

Number

Intensive Therapy Unit ............................................

1 Nurse per patient

High Dependency Unit ............................................

1 Nurse per 2 patients

Renal Unit ............................................................... 1 Nurse for every 4 patients

plus 1 for every special

case

Accident and Emergency .........................................

8 Nurses by day and 5

nurses by night

Labour Ward and Theatre ........................................ 5 Midwives plus 2 nurses/

midwives for Theatre

Operating Theatres .................................................. Staff to provide services in

3 Theatres by day and 2

Theatres by night

Coronary Intensive Care Unit ..................................

1 Nurse per patient

Coronary Care Unit .................................................

3 Nurses by day and 3

Nurses by night

General Acute Wards ...............................................

2 Nurses by day and 2

Nurses by night

Chronic Wards ......................................................... 1 Nurse by day and 1 Nurse

by night

Gynaecology Wards ................................................. 4 Nurses/Midwife by day

and 3 by night

Antenatal Wards ...................................................... 2 Midwives by day and 2

by night

Post natal Wards ...................................................... 4 Midwives by day and 3

by night

Paramedic and Other services

For the purposes of this category, the term "by day" shall mean from 7.00 am to

7.00 pm and the term "by night" shall mean from 7.00 pm to 7.00am.

Radiographers ......................................................... 2 by day and 2 by night

Physiotherapists ......................................................

4 by day

Laboratory Technologists ........................................ 4 by day and 4 by night

Pharmacists ............................................................. 3 by day and 1 by night

Electrical Engineer .................................................. 1 by day and on call by

night

Mechanical Engineer ............................................... 1 by day and on call by

night

Maintenance Staff ..................................................

3 by day and 3 by night

Services at Gozo General Hospital

1 C o n s u l t a n t o n c a l l o n e a c h o f G e n e r a l M e d i c i n e , G e n e r a l S u rg e r y,

Orthopaedics/Anaesthesia

4 Sen. Reg/ Reg/ SHO/ to cover wards and Emergency Department

1 Pharmacist

1 Lab Technologist

1 Maintenance Staff

EMPLOYMENT AND INDUSTRIAL RELATIONS

Offices

Number

Nursing and Midwifery as applicable to Malta Hospitals

Ambulance Drivers Service

By day ..................................................................... 8 Drivers in Malta and 3 in

Gozo

By night .................................................................. 4 Drivers in Malta and 2 in

Gozo

(1)

In this Act, unless the context otherwise requires -

"act" and "action" each includes omission and references to

doing an act or taking action shall be construed accordingly;

"class" when used in the context of a group or a category of

employees shall refer to the groups or categories listed in a

collective agreement

Provided that where there is no collective agreement or

where a collective agreement does not stipulate groups or

categories of employees, it shall refer to the work performed or

expected to be performed independently of the title or name given

to the post;

"collective agreement" means an agreement entered into between

an employer, or one or more organisations of employers, and one or

m o r e o rg a n i s a t i o n s o f e m p l o y e e s r e g a r d i n g c o n d i t i o n s o f

employment in accordance with the provisions of any law in force

in Malta;

" c o m p a r a b l e w h o l e - t i m e em p l o y e e " m e a n s a w h o l e - t i m e

employee in the same establishment who is engaged in the same or

similar work or occupation, due regard being given to other

considerations including seniority, qualification and skills

Provided that where there is no comparable whole-time

employee in the same establishment, the comparison shall be made

by reference to collective agreements covering similar comparable

whole-time employees in other establishments

Provided further that where there is no applicable

collective agreement, reference shall be made to law or in default

of provision by law to the prevailing practice as may be established

by the Employment Relations Board;

"conciliator" means a person appointed as such under article 68;

"conditions of employment" means wages, the period of

employment, the hours of work and leave and includes any

conditions related to the employment of any employee under a

contract of service including any benefits arising therefrom, terms

of engagement, terms of work participation, manner of termination

of any employment agreement and the mode of settling any

differences which may arise between the parties to the agreement;

but it does not include professional ethics arising from any

professional relationship between an employer and an employee;

"contract of service" and "contract of employment" means an

agreement, (other than service as a member of a disciplined force

except as may be provided in or under this Act) whether oral or in

writing, in any form, whereby a person binds himself to render

service to or to do work for an employer, in return for wages, and,

in so far as conditions of employment are concerned, includes an

agreement of apprenticeship

Provided that unless otherwise specifically referred to in

another law, in this Act or in any regulations made under this Act,

irrespective of the declared nature of the relationship, whenever the

employer exercises effective direction, control and choice over the

nature of the work or the tasks being or to be performed by a person

for the employer, that relationship shall be considered to be one of a

contract of service and the person carrying out the work shall be

deemed to be an employee of the employer;

"Council" means the Joint Negotiating Council established by

article 72;

"court of inquiry" means a person or persons appointed as a court

of inquiry under article 69;

"delivery" means the birth of a child, whether alive or stillborn,

occurring from the twenty second (22nd) week of pregnancy onwards;

"Director" means the Director General responsible for Employment

and Industrial Relations;

"disciplined force" has the same meaning as is assigned to it by

article 47 of the Constitution of Malta and includes the Assistance

and Rescue Force established by virtue of the Civil Protection Act;

"discriminatory treatment" means any distinction, exclusion or

restriction which is not justifiable in a democratic society including

discrimination made on the basis of marital status, pregnancy or

potential pregnancy, sex, colour, disability, religious conviction,

political opinion or membership in a trade union or in an

employers’ association;

"employee" means 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

o u t w o r k e r, b u t e x c l u d i n g w o r k o r s e r v i c e p e r f o r m e d i n a

professional capacity or as a contractor for another person when

such work or service is not regulated by a specific contract of

service;

"employer" includes a partnership, company, association or other

body of persons, whether vested with legal personality or not;

"employment agency" and "employment business" means a

natural or legal person carrying out any activity in Malta

(a) for the recruitment of persons for employment in

Malta or outside Malta;

(b) as a temporary work agency; or

(c) as an outsourcing agency;

and in the case of a legal person whose objects in their

memorandum of association include the carrying out of the relevant

activities as well as activities ancillary or incidental thereto, but do not

include objects which are not compatible with the services of an

employment agency or employment business;

"employment relationship" means any "contract of service" or

"contract of employment" as defined in this Act;

"employees’ representative" for the purposes of articles 35,

36(14), 37 and 38 means the recognized union representative

Provided that, where there exists no recognised union, the

terms shall mean such representative of the union representing the

employees, notwithstanding that in the case of non-unionised

employees, the terms shall mean such representative duly elected

from amongst the non-unionised employees, by means of a secret

ballot called for such purpose by the employer;

"employers’ association" means an organisation consisting

wholly or mainly of employers and of which the principal purpose

is by its rules the regulation of relations between employers and

workers or trade unions;

"employment", in relation to a trade dispute, includes any

relationship whereby one person does work or performs services

for another (other than a service as a member of a disciplined

force);

"hours of work" means the time on any day during which

employees are available for service to the employer, exclusive of

the intervals allowed for meals and rest;

"Industrial Tribunal" means the Industrial Tribunal set up under

Title II of this Act;

"Minister" means the Minister from time to time responsible for

Employment and Industrial Relations;

"national standard order" means an order made under this Act

regulating the conditions of employment of employees in general;

"outsourcing agency" means a natural or legal person, and in the

case of a legal person whose objects in its memorandum of association

include the carrying out of the relevant activities as well as all

activities ancillary or incidental thereto, but do not include such

objects which are not compatible with the services of an outsourcing

agency, who enters into contracts of employment or employment

relationships with employees and who assigns, whether on a regular or

on an irregular basis, the employees to user undertakings to work there

temporarily, by being physically present at the premises of the user

undertaking or working remotely, under the supervision, direction and

control of the outsourcing agency, whether or not such activity is the

main or ancillary activity of the outsourcing agency;

"outworker" means a person to whom articles, materials or

services of any nature are given out by an employer for the

performance of any type of work or service where such work or

service is to be carried out either in the home of the outworker or in

some other premises not being premises under the control and

management of that other person;

"overtime" means any hours of work in excess of the normal

hours of work;

"parent" includes an adoptive parent or any person who has the

legal custody of a child;

"part-time employee" means an employee whose normal hours of

work, calculated on a weekly basis or on an average over a period

of employment of up to one year, are less than the normal hours of

work of a comparable whole-time employee and who is not a

whole-time employee with reduced hours;

"period of employment" means the time in any day during which

employees are available for service to the employer, but inclusive

of the intervals allowed for meals and rest;

"personal injury" includes any disease and any impairment of a

person’s physical or mental condition;

"prescribed" means prescribed by this Act or by or under rules or

regulations made under this Act;

"pro rata" means the proportion that the weekly number of hours

for which the employee is engaged bears to the number of weekly

hours, excluding overtime, of a comparable whole-time employee;

"public office", "public officer" and "public service" have the

s a m e m e a n i n g a s i s a s s ig n e d t o t h e m b y a r t i c le 1 2 4 o f t h e

Constitution of Malta;

"recognised conditions of employment" are those conditions of

employment recognised in terms of Part II of Title I of this Act;

"recognition" for the purposes of this Act, shall mean the express

recognition of a registered trade union by an employer or by an

employers’ association for the purposes of collective bargaining;

"recruitment of persons for employment" means a natural or legal

person, and in the case of a legal person whose objects in its

memorandum of association include the carrying out of the relevant

activities as well as all activities ancillary or incidental thereto, but do

not include such objects which are not compatible with the services of

recruitment of persons for employment, that provides services for

matching offers of and applications for employment, without the

provider of recruitment of persons for employment becoming a party to

the employment relationship that may arise from such services;

"registered", in relation to a trade union or an employers’

association and to the rules thereof, means registered under this

Act;

"Registrar" means the Registrar of Trade Unions appointed or

designated under article 52;

"registration" means registration under this Act of a trade union

or of an employers’ association and of the rules thereof;

"sectoral regulation order" means an order made under this Act

regulating the conditions of employment of a sector or class of

employees;

"self-employed persons" means all persons pursuing a gainful

activity on their own account;

"temporary work agency" means a natural or legal person, and in the

case of a legal person whose objects in its memorandum of association

include the carrying out of the relevant activities as well as all

activities ancillary or incidental thereto, but do not include such

objects which are not compatible with the services of a temporary

work agency, who enters into contracts of employment or employment

relationships with temporary agency workers and who assigns, on a

regular or on an irregular basis, the temporary agency workers to user

undertakings to work there temporarily under their supervision,

direction and control, whether or not such activity is the main or

ancillary activity of the temporary work agency;

"third-country national" shall have the same meaning as assigned to

it in article 2 of the Immigration Act;

"trade dispute" means a dispute between employers and workers,

or between workers and workers, which is connected with any one

or more of the following matters

(a) terms and conditions of employment, or the physical

conditions in which any workers are required to work;

(b) engagement or non-engagement, or termination or

suspension of employment or the duties of

employment, of one or more workers;

(c) allocation of work or the duties of employment as

between workers or groups of workers;

(d) matters of discipline;

(e) facilities for officials of trade unions;

(f)

machinery for negotiation or consultation, and other

procedures, relating to any of the foregoing matters,

including the recognition by employers or employers’

associations of the right of a trade union to represent

workers in any such negotiation or consultation or in

the carrying out of such procedures;

(g) the membership or non-membership of a worker in a

particular trade union;

"trade union" means an organisation consisting wholly or mainly

of workers and of which the principal purpose is by its rules the

regulation of relations between workers and employers or

employers’ associations;

"Tribunal" means the Industrial Tribunal established by article

73;

"unfair dismissal", in relation to a worker, means:-

(a) the termination by the employer in respect of that

worker of a contract of employment for an indefinite

time (other than probationary employment as defined

in this Act) being a termination which is not made

solely on the grounds of redundancy or for a good and

sufficient cause in accordance with the relevant

provisions of this Act or any regulations prescribed

hereunder, or

(b) which is made in contravention of the provisions of

article 64(4), or

(c) which, though made on grounds of redundancy or for a

good and sufficient cause, is discriminatory as defined

in this Act or any regulations prescribed hereunder;

and includes any failure by the employer to re-employ such person

or to re-employ him as provided in article 36(3), or

(d) the termination by the employer in respect of that

worker of a contract of employment for a fixed term

Provided that the expiration of a fixed term contract of

employment shall not be deemed to be a termination of the fixed term

contract of employment;

"wages" means remuneration or earnings, payable by an

employer to an employee and includes any bonus payable under

article 23 other than any bonus or allowance related to performance

or production;

"weekly day of rest" means a period of twenty four consecutive

hours starting from the time when the employee normally

commences his term of duty;

"whole-time employee" means an employee who is deemed to be

a whole-time employee in terms of any recognised conditions of

employment;

"whole-time employee with reduced hours" means a whole-time

employee who in agreement with the employer works for less than

the number of hours of work applicable in terms of the recognised

conditions of employment to a whole-time employee, provided that

such employment is the principal employment of the employee, in

respect of which social security contributions are payable;

"worker" has the same meaning as "employee" but for the

purposes of Title II of this Act, "worker" means an employee who

works or normally works or seeks to work -

(a) under a contract of employment; or

(b) under any contract (whether express or implied and, if

express, whether oral or in writing) whereby he

undertakes to do or perform personally any work or

services for another party to the contract who is not a

professional client of his; or

(c) in employment under or for the purposes of a

department of Government, otherwise than as a

member of a disciplined force, in so far as any such

employment does not fall within paragraph (a) or (b)

of this definition,

and in relation to a trade dispute to which an employer is a party,

"worker" includes any worker even if not employed by that

employer.

(2) For the purposes of this Act, a dispute to which a trade

union or an employers’ association is a party shall be treated as a

dispute to which workers or, as the case may be, employers are

parties.

(3) Any provision of this Act requiring compliance with or

observance of any provision of this Act (however such requirement

is worded), or making provision with respect to any contravention

thereof, shall be construed as requiring compliance with and

observance of, or as equally applicable to, any provision of any

regulation or rule made under this Act.

(4) The masculine gender includes the feminine and the

singular includes the plural, unless the context otherwise requires.

The provisions of this Act and of any subsidiary legislation

made thereunder shall also apply, in accordance with the provisions

of the 1982 United Nations Convention on the Law of the Sea as

ratified by the Law of the Sea (Ratification) Act, to an exclusive

economic zone area or an environment protection area as defined in

the Exclusive Economic Zone Act. Any artificial island,

installation, structure, equipment or device therein shall, solely for

the purposes of this Act and any subsidiary legislation made

thereunder, be treated as if they were situated in Malta itself.

TITLE I

EMPLOYMENT RELATIONS

PART I

EMPLOYMENT RELATIONS BOARD

(1) A Board to be designated Employment Relations Board

and hereinafter referred to as the "Board", shall be appointed by the

Minister.

(2)

The Board shall be composed as follows

(a) an independent chairperson;

(b) the Director responsible

for Employment and

Industrial Relations who

shall act as Deputy

Chairperson;

(c) four representatives of employees nominated by the

Malta Council for Economic and Social Development

from amongst the representative national workers’

organisations sitting on the said Council;

(d) four representatives of employers nominated by the

Malta Council for Economic and Social Development

from amongst the representative national employers’

organisations sitting on the said Council; and

(e) three other persons to be appointed by the Minister.

(3)

The functions of the Board shall be -

(a) to make recommendations to the Minister as to any

national minimum standard conditions of employment,

hereinafter referred to as a national standard

recommendation, for eventual inclusion in a national

standard order;

(b) to make recommendations to the Minister as to any

sectoral conditions of employment, hereinafter

referred to as a sectoral regulation recommendation,

for eventual inclusion in a sectoral regulation order;

(c) to advise the Minister on any matter relating to

conditions of employment, or on any matter referred to

the Board by the Minister

(d) to carry out the functions assigned to it by article 73

and any other function that may be assigned to it by

law from time to time.

(4) The Minister shall appoint a public officer to act as

secretary to the Board.

(5) Subject to the provisions of this Act and to any regulations

made thereunder the Board shall regulate its own procedure

Provided that the Chairperson of the Board shall not vote

unless on any question the votes are equally divided, in which case

he shall have and exercise a casting vote.

(6) The Board shall have the power to co-opt non voting

members and to appoint sub-committees.

PART II

RECOGNISED CONDITIONS OF EMPLOYMENT

(1) Where the Minister receives any national standard

recommendation or any sectoral regulation recommendation he

may, subject as hereinafter provided, make a national standard

order or a sectoral regulation order, as the case may be, to be

published in the Gazette, giving effect to the national standard

recommendation or the sectoral regulation recommendation as from

such date as may be specified in the order

Provided that the Minister may, if he thinks fit, before

making an order as aforesaid, refer the national standard

recommendation or the sectoral regulation recommendation

received by him back to the Board and the Board shall thereupon

reconsider it having regard to any observations made by the

Minister and may, if it thinks fit, re-submit the national standard

recommendation or the sectoral regulation recommendation to the

Minister either without amendment or with such amendments as it

thinks fit having regard to those observations.

(2) Any national standard recommendation and any sectoral

regulation recommendation as well as any national standard order

or sectoral regulation order for giving effect thereto, may make

different provisions for different cases and may contain provisions

for the amendment or revocation of previous national standard

orders or sectoral regulation orders and may contain any incidental,

supplemental or consequential provisions which may appear

necessary for carrying out the provisions of any national standard

order and any sectoral regulation order.

(3) No national standard order or sectoral regulation order shall

have effect so as to prejudice any rights as to conditions of

employment conferred on any employee by or under any law other

than this Act or by or under any existing contract.

(4)

Without prejudice to what is provided in the proviso to

article 42, if a contract between an employee to whom a national

standard order or a sectoral regulation order applies and the

employer or any collective agreement provides for conditions of

employment less favourable to the employee than those specified in

the order, it shall have effect as if for those conditions there where

substituted the conditions specified in the order.

(1) The conditions of employment prescribed in a national

standard order, or in a sectoral regulation order, or a collective

agreement or determined by voluntary settlement or award under

the Title II of this Act, or required to be observed by or under this

Act, shall be the recognised conditions of employment for the

employees concerned.

(2) Where the conditions of employment are prescribed in a

collective agreement, the employer or employers being a party

thereto shall, within fifteen days of the signing of such agreement,

send to the Director a copy thereof duly authenticated.

(3) Non observance by an employer of conditions of

employment established by a national standard order or by a

sectoral regulation order shall be deemed to be an offence under

this Act;

(4) Nothing in this article shall prejudice any rights the parties

may have arising out of any contract of service or any collective

agreement under the provisions of the Title II of this Act or any

other law, including the Civil Code.

The Minister may, after consultation with the Board,

prescribe the maximum weekly working hours, including overtime,

for employees, minimum periods of daily rest, weekly rest and

annual leave, and may make different provisions for different

classes of employees including any incidental, supplemental or

consequential provisions as may be deemed necessary.

On engagement of any employee, the employer shall

explain to the employee the provisions of any recognised

conditions of employment as may be applicable and shall deliver to

the employee a written statement about such conditions as may be

prescribed.

Where a general increase in wages is granted by the

Government to all its whole-time employees and such increase is

declared by the Minister by notice in the Gazette to be of general

application to all whole-time employees, every employer shall

increase the wages of every whole-time employee in his

employment by an amount equivalent or corresponding to the

increase granted by the Government to its employees with effect

from the date on which the increase granted by the Government in

respect of its employees takes effect

Provided that, in the case of an employee who is entitled to

pro rata benefits in accordance with this Act or any regulations

issued hereunder, such employee shall be entitled to a portion of

such cost of living increase on a pro rata basis.

In so far as conditions of employment are concerned, the

provisions of the Health and Safety at Work Act and any regulations

issued thereunder shall be deemed to form part of the recognised

conditions of employment of employees to whom such provisions

or regulations may apply and shall, on coming into force, have the

same effect as if they were national standard orders or sectoral

regulation orders.

The Minister may, after consultation with the Board, make

regulations establishing minimum periods of maternity leave,

parental leave and leave for urgent family reasons to which an

employee shall be entitled and the conditions regulating such

entitlement

PART III

PROTECTION OF WAGES

(1) Except where otherwise expressly permitted by the

provisions of this Act, the entire amount of the wages earned by, or

payable to, any employee shall be paid to him in money being legal

tender in Malta, and every payment of, or on account of, any such

wages made in any other form and any covenant in any contract

providing for other form of payment shall be null and void

Provided that payment of wages by cheque on a bank in

Malta or payable to the Bank account of an employee shall be

deemed to be payment in legal tender in cases in which payment in

this manner is customary or necessary or is consented to by the

employee concerned

Provided further that any wages earned by or payable to a

third-country national shall be paid exclusively by means of a bank

transfer to an account held in the name of the employee or through an

electronic transfer facilitated by an accredited and licensed financial

institution. This requirement shall apply to all third-country nationals

whose employment commences on 1st October 2025 or subsequently.

(2) Wages shall be paid directly to the employees to whom they

are due except as may otherwise be provided by any law or in

virtue of an order made by a competent court or where the

employee or employees concerned agree to the contrary.

No employer shall impose in any contract of service any

terms as to the place in which, or the manner in which, or the

person or persons with whom, any wages paid to the employee, or

any part thereof, are to be spent or otherwise employed, and any

such term contained in any such contract shall be null and void.

(1) Wages payable by an employer to an employee may

not be assigned.

(2) Wages payable by an employer to an employee may not be

attached save according to the provisions of articles 381, 382 and

849 of the Code of Organization and Civil Procedure.

(3) The provisions of sub-articles (1) and (2) shall not apply

where the assignment or attachment is intended to ensure the

payment of maintenance due to the spouse, or to a minor child or to

a person with disability or to an ascendant of the employee.

No employer shall make any deduction from wages by way

of discount, interest or any charge of a similar nature in view of any

advance of wages made to any employee in anticipation of the

covenanted date of payment thereof.

(1) Except where expressly permitted by the provisions of

this Act or required by any other law, or where ordered by or in

virtue of an order of a competent court, o r permitted in an

agreement entered into between an employer or employers or an

organisation of employers on the one hand and a trade union or

trade unions representative of the employees concerned on the

other, an employer shall not make any deductions nor enter into any

contract with an employee authorising any deductions to be made

from the wages to be paid by the employer to the employee.

(2) Unless expressly provided by or under this Act or any other

law, an employer shall not compute as part of the wages of an

employee any other benefit or income, even though granted or paid

by the employer, which is payable on account of any cause other

than the contract of service.

(3) Notwithstanding the provisions of this article, at the request

in writing of an employee, the employer may make deductions from

the wages of such employee for the purpose of a superannuation or

thrift scheme or for any purpose in the carrying out of which the

employer has no beneficial financial interest, direct or indirect.

(4) Deductions in the form of direct or indirect payments for

the purpose of obtaining or retaining employment shall not be made

f r o m t h e wag e s o f a n e m p l oy e e b y a n em p l oy e r, o r b y an y

intermediary or labour contractor or recruiter.

Where any contract of service contains conditions as to

holidays better than the minimum established by law, no employer

may enter into a subordinate contract of service providing for the

payment to the employee in respect of any of such holidays of a

daily rate lower than the normal daily rate applicable to such

employee.

Where, in the case of whole-time employees, a public

holiday other than a Sunday, falls on a weekly day of rest to which

such employee is entitled, such employee shall be entitled to an

additional day of vacation leave during the calendar year when

such public holiday so falls on a weekly day of rest or on a Sunday

in respect of each such public holiday.

Nothing in this Act shall prevent the making of any

contract by an employer with an employee for giving to him food, a

dwelling place or other allowances or privileges other than in the

form of intoxicating liquor or noxious drugs, in addition to the

minimum wages prescribed by a national standard order or a

sectoral regulation order, or to a higher stipulated wage, for normal

time and overtime, as a remuneration for the employee’s services.

(1) Unless otherwise prescribed in a collective agreement,

where -

(a) the terms of any written contract of service signed by

the employees or the terms of a written statement

signed by an employer in accordance with article 7

specify in detail the fine or fines to which the

employee may become liable in respect of an act or

omission; and

(b) the terms of any such contract or the terms of any such

statement have been previously approved by the

Director,

it shall be lawful for the employer to make such deductions as may

be authorised by such contract or such written statement.

(2) Notwithstanding the provision of sub-article (1), where an

employee fails without just cause to give to his employer the total

number of hours of work as bound by the terms of any contract of

service applicable to him, the employer shall not inflict on the

employee any fine for such loss of work but may deduct from the

total wages due to the employee that part thereof which

corresponds to the work so lost.

(3) Where any fine or fines are imposed by a person or by a

group of persons, however named, authorised to perform such

function by the employer, such person or persons shall be liable for

their acts, without prejudice to the liability of the employer, as if

they were the employer.

(4) Unless otherwise prescribed in a collective agreement,

when an employer suspends an employee from work and during the

period of suspension does not pay him wages or pays him less than

the wage to which the employee is entitled, the employer shall be

deemed to have made a deduction from the wages of the employee

by way of a fine equivalent to the amount underpaid to him in

wages.

Notwithstanding the provisions of any other law any claim

by any employee in respect of a maximum of three months of the

current wage payable by the employer to the employee, and

compensation for leave to which the employee is entitled, together

with any compensation due to the employee in consideration of the

termination of employment, or any notice thereof, shall constitute a

privileged claim over the assets of the employer and shall be paid

in preference to all other claims whether privileged or hypothecary

Provided that, in every case, the maximum amount of the

privileged claim shall not exceed the equivalent of the national

minimum wage payable at the time of the claim over a period of six

months.

(1) There is hereby established a Guarantee Fund

(hereinafter referred to as "the Fund") for the purpose of

guaranteeing payment of unpaid wages due by an employer to those

employees whose employment is terminated because of the

employer’s proved insolvency, which fund shall be regulated and

administered in such manner as the Minister may prescribe.

(2)

The Minister may, after consultation with the Minister of

Finance and with the Board, prescribe regulations for the purpose

of giving better effect to the provisions of this article; without

prejudice to the generality of the foregoing, such regulations may

establish -

(a) the manner in which the Fund shall be set up and

initially funded and for this purpose the Minister is

authorised to endow the fund with such amount and for

such period as the Minister may prescribe;

(b) the level of proof required in order to prove insolvency

of the employer;

(c) the rate of contribution which the State, employers and

employees shall contribute towards the continued

funding of the Fund;

(d) the manner in which such Fund shall be administered;

(e) any class of employment that is precluded from

making a claim under the Fund;

(f)

the manner and the circumstances in which a claim

may be made by an employee for payment from the

Fund and the manner and the circumstances in which a

claim shall be paid to an employee out of the Fund;

(g) the maximum amount which can be paid out of the

Fund to any single claimant;

(h) the right of the Fund to be subrogated into the rights of

the employee to whom an amount is paid from the said

Fund; as well as the right of the Fund to claim refund

of any amounts so paid, from the employer of the

employee;

(i)

the measures and procedures that may be required in

order to prevent abuse.

(3) The Fund shall have a distinct legal personality and shall be

capable of entering into contracts, of suing and being sued, and

doing all such things and entering into such transactions as are

incidental or conducive for the fulfilment of its objectives as may

be prescribed by the Minister.

(4) The Fund shall be empowered to collect, recover and

institute proceedings for the payment of sums due to it, in terms of

the provisions of this Act.

(5) The legal and judicial representation of the Fund shall vest

in the chairperson or in any other person as the Fund may authorise

for this purpose.

(1) There shall be established an Employment Agencies

Guarantee Fund (hereinafter referred to as the "Agencies Guarantee

Fund") for the purpose of providing compensation to any employee of

any temporary work agency or outsourcing agency, as the case may be,

whose employment is terminated because of the revocation or non-

renewal of the licence in terms of the provisions of any applicable

regulations, which Agencies Guarantee Fund shall be regulated and

administered in such manner as the Minister may prescribe.

(2)

The Minister may, after consultation with the Minister for

Finance and with the Board, prescribe regulations for the purpose of

giving better effect to the provisions of this article. Without prejudice

to the generality of the foregoing, such regulations may establish

(a)

the manner in which the Agencies Guarantee

Fund shall be set up and funded;

(b)

the level of proof required for funds to be utilised;

(c)

the manner in which the Agencies Guarantee

Fund shall be administered;

(d)

the manner and the circumstances in which the

funds may be utilised;

(e)

the right of the Agencies Guarantee Fund to claim

reimbursement of any amounts so paid; and

(f)

the measures and procedures that may be required

in order to prevent abuse.

(3)

The Agencies Guarantee Fund shall have a distinct legal

personality and shall be capable of entering into contracts, of suing

and being sued, and doing all such things and entering into such

transactions as are incidental or conducive for the fulfilment of its

objectives, as may be prescribed by the Minister.

(4)

The Agencies Guarantee Fund shall be empowered to

collect, recover and institute proceedings for the enforcement of the

rights vested in it in terms of the provisions of this Act and of any

regulations issued thereunder.

(5)

The legal and judicial representation of the Agencies

Guarantee Fund shall vest in the chairperson of that authority

established to administer the Agencies Guarantee Fund or in any other

person as the Agencies Guarantee Fund may authorise for this

purpose.

(1)

There shall be an appeals board to be called the

"Employment Agencies Appeals Board" (hereinafter referred to as the

"Appeals Board"), which shall exercise and perform the functions and

powers assigned to it by law.

(2)

The Appeals Board shall consist of a Chairperson and two

(2) other members selected by the Chairperson of the Appeals Board,

who shall possess different experiences to bring to the Appeals Board

knowledge, so far as equally possible, of the interests in the claims

lodged. Said members shall be selected from a panel of persons

appointed by the Minister to serve as members of the Appeals Board,

whenever the need arises, which panel shall have more than two (2)

persons.

(3)

The Minister shall appoint a panel of not less than two (2)

and not more than five (5) persons to act as Chairpersons of the

Appeals Board either in turn or in accordance with such distribution of

duties and subject to such provisions as to inability to serve and other

circumstances, as may be prescribed by the Minister.

(4)

The Chairpersons and members shall satisfy the criteria

according to sub-articles (5) or (6), and sub-articles (7) and (8) shall

apply.

(5)

The Chairperson shall be an advocate who, for a period or

periods amounting in the aggregate to not less than seven (7) years,

has served as an advocate in Malta or served as a magistrate in Malta,

or partly so practised and partly so served.

(6)

Subject to any other provision in any other law related to the

composition of the Appeals Board or to the qualifications of its

members, the other members of the Appeals Board shall be persons

who in the opinion of the Minister possess the necessary expertise and

experience in the field of employment.

(7)

The Chairperson and the other members of the Appeals

Board shall hold office for a period of three (3) years, and shall be

eligible for re-appointment and may not be removed during their term

of office except on grounds of proved inability to perform the

functions of their office whether arising from infirmity of body or

mind or any other cause, or proved misbehaviour.

(8)

The Chairperson and other members of the Appeals Board

shall receive such remuneration as may be determined in their

instrument of appointment.

(9)

An appeal in accordance with the provisions of sub-article

(11) shall be made to the Appeals Board in writing explaining clearly

the grounds for the appeal by not later than thirty (30) days from the

date the decision or act in question has been notified to the aggrieved

person, and the Director shall have thirty (30) days from the date when

it was served with such appeal to file his reply.

(10) The Appeals Board shall proceed to deal with any matter

before it with utmost urgency and shall give its decision without delay.

(11) The request for the determination of the Appeals Board shall

be whether, for the reasons adduced by the appellant, the Director has

wrongly applied any of the provisions of the regulations issued under

this Act in relation to employment agencies in his decision.

(12) The Appeals Board shall hold its sittings in public unless,

having regard to the nature of the matter before it, the Appeals Board

deems it fit and proper to conduct the proceedings or any part thereof

behind closed doors. In any such case, the decision of the Appeals

Board shall always be delivered in public. The address of the Appeals

Board shall be any such address which may be in use from time to time

as the head office of the department responsible for employment and

industrial relations, and any correspondence shall be addressed to the

Chairperson.

(13) The chairperson or other members of the Appeals Board

may be challenged or may abstain from sitting in a case in those

circumstances that would disqualify a judge in a civil lawsuit, and in

such case the Chairperson or member shall be substituted by another

member appointed by the Minister in accordance with sub-article (2)

or (3) as the case may be.

(14) The Appeals Board shall have the power to summon

witnesses and to administer the oath thereto, and to appoint any expert

as it may deem necessary for the determination of the case before it.

When the Director is to be summoned as a witness, the Director shall

have the right to nominate any officer of the Director’s department to

provide evidence, unless the evidence of the Director is required.

(15) (a)

All evidence shall be relevant to the matter in issue

between the parties.

(b)

In all cases the Appeals Board shall require the

best evidence that the party may be able to produce.

(c)

The Appeals Board shall disallow any evidence

which it considers to be irrelevant or superfluous, or which it

does not consider to be the best which the party can produce.

(16) Upon the hearing of an appeal made to it under any law, the

Appeals Board shall have the power

(a)

to confirm, annul or vary the decision of the

Director under any of the provisions of the regulations issued

under this Act in relation to employment agencies and to give

directions within its powers under this Act or any other law to

the Director to implement the decision of the Appeals Board;

(b)

to require the production of any document or

other information; and

(c)

to order the payment of expenses by any party to

the appeal.

(17) An appeal from a decision of the Appeals Board shall lie to

the Court of Appeal only on a question of law. An appeal shall be filed

by not later than twenty (20) days from the date of the decision of the

Appeals Board. In the determination of such an appeal, the Court of

Appeal shall have all the powers of the Appeals Board to make orders.

(18) The Minister may make regulations governing the

procedure and fees for bringing and conducting appeals before the

Appeals Board

Provided that in the absence of such regulations and subject

to the rules of natural justice, the Appeals Board shall regulate its own

procedure.

(19) The Minister responsible for justice may by regulations

made under this sub-article establish the fees payable in the registry of

the court for the filing of judicial acts in connection with appeals to the

Court of Appeal under this article

Provided that until such fees are so established by the

Minister responsible for justice, the fees established in Schedule A to

the Code of Organization and Civil Procedure shall apply.

(20) An appeal made under this article shall not suspend the

operation of any decision or directive from which the appeal is made

Provided that a decision to revoke, not to grant, or not to

renew a licence, and any consequent forfeiture of the bank guarantee

in terms of any of the provisions of the regulations issued under this

Act in relation to employment agencies shall not become operative

until the expiration of the period within which an appeal lies under this

article and, if an appeal is made within such period, the decision shall

become operative on the date of the decision of the Appeals Board

dismissing the appeal or the date on which the appeal is abandoned

Provided further that where a licence in respect of which a

decision to revoke has been made expires during the period within

which an appeal lies under this article and, if an appeal is made within

such period, the licence shall be deemed to be automatically extended

on the same terms until the expiration of the period within which an

appeal lies or, if an appeal is made within such period, until the date of

the decision of the Appeals Board dismissing the appeal or the date on

which the appeal is abandoned.

(1) Every employer shall pay or cause to be paid wages to

his employees at regular intervals which shall not exceed four

weeks in arrears

Provided that the provisions of this sub-article shall not

apply where an agreement is entered into between an employer or

employers or organisations of employers on the one hand and trade

union representatives of the employees concerned on the other,

fixing other intervals for the payment of wages.

(2)

On termination of a contract of service all wages

outstanding and any compensation payable to the employee for

leave entitlement unavailed of, shall be paid by the date of the next

pay day determined under sub-article (1) as if the contract had not

been terminated.

(3) A settlement of accounts shall be made at least once a year

by the employer in respect of employees whose wages consist of a

share of profits or of a commission on sales or payments made or

received by the employer.

(1) Every employer shall pay, or cause to be paid, to each

of his whole-time employees such statutory bonuses in the amount

as may either be established by legal notice issued by the Minister

of Finance by virtue of this article or as the Government may

announce in the General Estimates of any particular year

Provided that such statutory bonuses shall be paid between

the 15 th and the 30 th day of the month of June and between the

15 th and 23rd day of the month of December of each year and shall

be in the form of a sum of money which, in either case, shall not be

less than one-half of that which the Government shall have

announced in the general estimates of any particular year as

payable by the Government to each of its employees during that

year

Provided further that the employer shall also pay, or cause

to be paid, to each of his whole-time employees any income

supplements in the amount and at the times as may be established

by legal notice issued by the Minister of Finance by virtue of this

article

Provided further that, where any person has been in whole-

time employment with any particular employer for a period of less

than a year, such employee shall be entitled to receive from his

employer, or from any of his employers, a proportionate amount of

the bonus or income supplement and for the purposes of this article,

the pro rata calculation shall be made on the basis of the annual

hours worked

Provided finally that this article shall also apply to apprentices

in a manner as may be specified in any applicable scheme under the

Employment and Training Services Act.

Whole-time employees with reduced hours shall be paid

not less pro ra ta than the wage applicable to a whole-tim e

employee in similar employment, and they shall be also entitled to

a share pro rata of -

(a) the entitlement of public holidays with pay and annual

vacation leave;

(b) the benefits contemplated in article 10;

(c) any entitlement of injury leave;

(d) any entitlement to statutory bonus,

to which whole-time employees in similar employment with the

same employer are entitled in terms of the recognised conditions of

employment applicable to them.

EMPLOYMENT AND INDUSTRIAL RELATIONS

(1) Part-time employees shall not be treated in a less

favourable manner than comparable whole-time employees solely

because they work part-time unless different treatment is justified

on objective grounds.

(2) The Minister may, after consultation with the Board,

prescribe regulations establishing

(a) the conditions for qualification for pro rata entitlement

to specific conditions of work, including the minimum

number of hours which a part-time employee must

work in order to qualify as well as the minimum period

of service that may be required prior to qualification;

(b) the provision of timely information on the availability

of part-time and whole-time positions in the place of

work as well as access to vocational training or career

advancement opportunities;

(c) any other matter which is deemed necessary in order to

regulate the conditions of work of part-time employees

as prescribed in sub-article (1).

PART IV

PROTECTION AGAINST DISCRIMINATION RELATED TO

EMPLOYMENT

(1) It shall not be lawful for any person -

(a) when advertising or offering employment or when

advertising opportunities for employment or when

selecting applicants for employment, to subject any

applicants for employment or any class of applicants

for employment to discriminatory treatment;

(b) in regard to employees already in the employment of

the employer, to subject any such employees or any

class of employees to discriminatory treatment, in

regard to conditions of employment or dismissal.

(2) For the purposes of this article, discriminatory treatment

shall include

(a) the engaging or selection of a person who is less

qualified than a person of the opposite sex, unless the

employer can prove that the action was based on

acceptable grounds related to the nature of the work or

on grounds related to previous work performance and

experience;

(b) actions which apply to an employee, terms of payment

or employment conditions that are less favourable than

those applied to an employee in the same work or work

of equal value, on the basis of discriminatory

treatment;

(c) actions whereby the employer knowingly manages the

work, distributes tasks or otherwise arranges the

working conditions so that an employee is assigned a

clearly less favourable status than others on the basis

of discriminatory treatment.

(3) The provisions of sub-articles (1) and (2) shall be without

prejudice to the rights and obligations prescribed by the Equal

Opportunities (Persons with Disability) Act, and shall not apply to

any preference or exclusion which is reasonably justified taking

into account the nature of the vacancy to be filled or the

employment offered, or where a required characteristic constitutes

a genuine and determining occupational requirement or where the

requirements are established by any applicable laws or regulations.

(4) For the purposes of this article, the term "offering

employment" includes recruitment or training of any person with a

view to engagement in employment and in regard to a person

already in employment, includes also promotion to a higher grade

or engagement in a different class of employment

Employees in the same class of employment are entitled to

the same rate of remuneration for work of equal value

Provided that an employer and a worker or a union of

workers as a result of negotiations for a collective agreement, may

agree on different salary scales, annual increments and other

conditions of employment that are different for those workers who

are employed at different times, where such salary scales have a

maximum that is achieved within a specified period of time; and

Provided further that any distinction between classes of

employment based on discriminatory treatment otherwise than in

accordance with the provisions of this Act or any other law shall be

null and of no effect.

It shall not be lawful to victimise any person for having

made a complaint to the lawful authorities or for having initiated or

participated in proceedings for redress on grounds of alleged

breach of the provisions of this Act, or for having disclosed

information, confidential or otherwise, to a designated public

regulating body, regarding alleged illegal or corrupt activities being

committed by his employer or by persons acting in the employer’s

name and interests.

(1) It shall not be lawful for an employer or an employee

to harass another employee or to harass the employer by subjecting

such person to any unwelcome act, request or conduct, including

spoken words, gestures or the production, display or circulation of

written words, pictures or other material, which in respect of that

person is based on sexual discrimination and which could

reasonably be regarded as offensive, humiliating or intimidating to

such person.

(2) It shall not be lawful for an employer or an employee to

sexually harass another employee or the employer (hereinafter in

this article referred to as "the victim") by

(a) subjecting the victim to an act of physical intimacy; or

(b) requesting sexual favours from the victim; or

(c) subjecting the victim to any act or conduct with sexual

connotations, including spoken words, gestures or the

production, display or circulation of written words,

pictures or other material where -

(i)

the act, request or conduct is unwelcome to the

victim and could reasonably be regarded as

offensive, humiliating or intimidating to the

victim;

(ii) the victim is treated differently, or it could

reasonably be anticipated that the victim could

be so treated, by reason of the victim’s rejection

of or submission to the act, request or conduct.

(1) Violence and harassment in a work environment shall be

prohibited. Employees and employers shall endeavour to respect each

other ’s right to a work environment free from violence and

harassment.

(2)

For the purposes of this article, the term

(a) "employee" means

(i) an employee;

(ii) a person in training, including interns, trainees,

and apprentices, irrespective of whether the

work is regulated by a contract, or the person is

paid or unpaid;

(iii) a person whose employment has been terminated;

(iv) a volunteer in terms of article 2(1) of the Voluntary

Organisations Act, even when such work or

service is not regulated by a specific contract of

service;

(v) a person who is a prospective employee on the basis

that he is seeking employment;

(vi) a person who is a prospective employee on the basis

that he is an applicant for employment;

(vii) a person who is a prospective employee on the basis

that he is a candidate for employment;

(b) "work environment" means

(i)

any workplace, including any space where work

duties are performed, irrespective of its nature

and whether it is public or private;

(ii) any place where the worker is paid, takes a rest

break or a meal, or makes use of sanitary, washing

and changing facilities;

(iii) any work-related trip, travel, training, events or

social activities;

(iv) through work-related communications, including

those carried out using information and

communication technologies;

(v) any accommodation provided by the employer;

(vi) any trip when a person commutes to and from work;

(c)

"violence and harassment" means unacceptable

behaviour, practices and omissions, or threats thereof,

whether a single occurrence or repeated, that target,

result in, or are likely to result in, physical,

psychological, sexual

or

economic

harm

or

suffering,

and includes gender-based violence and

harassment;

(d) "gender-based violence and harass-ment" means violence

and harassment of a person by reason of their sex or

gender, or which disproportionately affects persons of a

particular sex or gender, and shall include "sexual

harassment" as described in article 29, and "gender" shall

have the same meaning as assigned to it by article 2 of the

Gender-Based Violence and Domestic Violence Act.

(3) It shall not be lawful for an employer or an employee to act

towards an employee, the employer, another employee or a prospective

employee in a manner that is equivalent to violence and harassment in

a work environment. Such actions may take any form, including but

not limited to, requests, conduct, behaviour or interactions, whether

physical, remote or online, and whether expressed orally, in writing,

through images or by any other means or materials.

(4) It shall not be lawful for an employer or an employee to give

rise to a circumstance or create an environment that permits or could

permit violence or harassment in a work environment, or that may

cause an employee, th e emplo yer, anoth er em ployee o r a

p r o s p e c t i v e e m p l o y e e to feel uncomfortable or intimated, o r

t o b e s u b j e c t e d t o an offensive or abusive atmosphere, or that

breaches their right to a work environment free from violence and

harassment.

(1) A person who alleges that the employer is in breach of,

or that the conditions of employment are in breach of articles 26, 27,

28, 29 or 29A, may within four months of the alleged breach, lodge

a complaint to the Industrial Tribunal and the Industrial Tribunal

shall hear such complaint and carry out any investigations as it

shall deem fit.

(2) If the Industrial Tribunal is satisfied that the complaint is

justified, it may take such measures as it may deem fit including the

cancellation of any contract of service or of any clause in a contract

or in a collective agreement which is discriminatory and shall order

the payment of compensation for loss and damage sustained by the

aggrieved party as a consequence of the breach.

(3) For the purposes of hearing and deciding cases of alleged

discrimination, breaches of the principle of work of equal value,

victimisation, sexual harassment or violence and harassment, the

Industrial Tribunal shall be composed of a chairperson alone in the

manner set out in article 73(4).

(4) Any action taken by a complainant in accordance with the

provisions of this article shall be without prejudice to any further

action that such complainant may be entitled to take under any

other applicable law and shall also be without prejudice to any

other action to which the respondent may be subject in accordance

with any other applicable law.

Subject to the foregoing, the Minister may, after

consultation with the Board, prescribe regulations to give better

effect to the provisions of articles 26, 27, 28, 29 and 29A and in

particular for the elimination of any discriminatory practices in the

employment or in the conditions of employment of any person or

class of persons, for providing equal opportunities of employment

for classes of persons who are at a disadvantage and to regulate

access to the Industrial Tribunal and investigation and hearing by

the Industrial Tribunal of complaints of alleged discrimination,

breaches of the principle of work of equal value, victimisation,

sexual harassment or violence and harassment.

Any person contravening the provisions of articles 28, 29

and 29A shall be guilty of an offence and shall be liable on

conviction to imprisonment for a term from six months to two years

or to a fine (multa) of not less than five thousand euro (€5,000) and not

more than ten thousand euro (€10,000), or to both such fine and

imprisonment.

PART V

TERMINATION OF CONTRACTS OF SERVICE

A person may bind himself to give his services for a fixed

term or for an indefinite term, or in respect of a specified task,

undertaking, work or service

Provided that where the employee has been retained in

employment in the same category after the date of termination of a

contract of service for a specified time or has been re-employed in

the same category by the employer for a fixed or indefinite term

within one year from the date of termination of a contract of service

for a specified time, the conditions of employment shall not be less

favourable than those which would have been applicable had the

contract of service been for an indefinite time and the aggregate

probationary period shall in no case be longer than that provided

for under this Act

Provided further that notwithstanding any agreement to the

contrary, a contract of service for an indefinite term shall not be

changed into a fixed term contract of service where no substantial

change has been effected as to the work of the employee or to his

category and any agreement to this effect shall be null and void and the

employment contract shall, for all intents and purposes of law, be

considered to have remained an indefinite one.

(1) Saving as otherwise prescribed by this Act, the

conditions of employment in a fixed term contract shall not be less

favourable than those which would have been applicable had the

same contract of employment at the same place of work been for an

indefinite time, unless different treatment is justified on objective

grounds

Provided that this article shall not apply to contracts of

employees on initial vocational training and, or, on apprenticeship

schemes.

(2)

Any employee on a fixed term contract of service whose

contract has expired and is retained by his employer shall be

deemed to be retained on an indefinite period contract if the said

employee is not given a new contract of service within the first

twelve working days following the expiry of the previous contract.

(3) The Minister may, after consultation with the Board, make

regulations to -

(a) give better effect to the principle of non-discrimination

between employees on fixed-term contracts and

employees on indefinite contracts;

(b) establish the circumstances when, for objective

reasons, conditions in fixed term contracts may be

different from conditions in indefinite contracts;

(c) generally to regulate any matter relating to fixed-term

contracts.

The Minister may, after consultation with the Board, make

regulations prescribing the minimum information which every

employer shall be bound to provide to every employee and the

manner in which such information is to be given to the employee

and to regulate any other matter relating to the employer ’s

obligation to inform or consult the employee or the employees’

representatives on employment conditions, and, in such regulations

the Minister may grant exemption from the obligation imposed by

this article or establish different rules for different classes or types

of employment.

(1) Saving the provisions of sub-article (16), when an

employment relationship is subject to a probationary period, that

period shall be of six (6) months.

(1a) In the case of fixed-term employment relationships, the

length of such a probationary period shall be proportionate to the

expected duration of the contract and the nature of the work. In the

case of the renewal of a contract for the same function and tasks, the

employment relationship shall not be subject to a new probationary

period

Provided that no fixed term contract shall be shorter than six

(6) months unless a shorter period is justified by objective reasons

based on precise and concrete circumstances characterising a given

activity. Whenever an employer intends to enter into a contract of

service for a fixed term with a prospective employee for a period

shorter than six (6) months, the employer shall list in writing in that

contract the objective reasons for which the contract is entered into for

less than six (6) months

Provided further that for a fixed term contract of between

six (6) months and fifteen (15) months duration, the probationary

period shall be calculated on the basis of two (2) months probationary

period per six (6) months contract duration; and if, in terms of the

preceding proviso, the fixed term contract is shorter than six (6)

months, the probationary period shall be one-third of the duration of

the same fixed term contract

Provided further that for a fixed term contract exceeding

fifteen (15) months duration, the probationary period shall be of six (6)

months.

(1b) Notwithstanding the provisions of sub-article (1a), workers

holding technical, executive, administrative or managerial positions

and whose wages are at least double the national minimum wage

established that year shall be on probation for a period of twelve (12)

months.

(1c) In any case, the probationary period may, by agreement

between the parties, be shorter than the respective periods stipulated in

sub-articles (1a) to (1c) and, the probationary period shall be

suspended in the case of any two (2) weeks or more of approved leave,

whereupon the probationary period shall be extended to a

corresponding duration of the leave. It shall be unlawful for an

employer to dismiss a worker during the period of suspension of

probation.

(2) During the probationary period the employment may be

terminated at will by either party without assigning any reason

Provided that a week’s notice of the termination of

employment shall be given to the other party in the case of an

employee who has been in the employment of the same employer

continuously for more than one month.

(3) A contract of service for an indefinite time may be

terminated, by giving notice as set out in sub-article (5), by the

employee without assigning any reason and by the employer,

saving the provision of sub-article (14), only on grounds of

redundancy

Provided that any employee whose employment is

terminated on grounds of redundancy shall be entitled to re-

employment if the post formerly occupied by him is again available

within a period of one year from the date of termination of

employment

Provided further that such an employee shall be so re-

employed at conditions not less favourable than those to which he

would have been entitled if the contract of service relating to him

had not been terminated

Provided, finally, that any employee who shall have been so

re-employed shall, for the purposes of this Act, be deemed to have

continued in his employment notwithstanding the termination made

under this sub-article.

(4)

Where an employer intends to terminate the employment of

an employee on grounds of redundancy, he shall terminate the

employment of that person who was engaged last in the class of

employment affected by such redundancy

Provided that, where such person is related to the employer

(not being a limited liability company or a statutory body) by

consanguinity or affinity up to the third degree, the employer may,

instead of terminating the employment of such person, terminate

that of the person next in turn.

(5) Notwithstanding any agreement to the contrary, and without

prejudice to what is stated in paragraph ( f ), notice of the

termination of employment proposed either by the employer or by

the employee under a contract of service for an indefinite time,

shall be of the following respective duration, if the employee has

been in the employment of the same employer continuously -

(a) for more than one month but not

more than six months .................... one week;

(b) for more than six months but not

more than two years ...................... two weeks;

(c) for more than two years but not

more than four years .....................

four weeks;

(d) for more than four years but not

more than seven years ................... eight weeks;

(e) for more than seven years, an additional 1 week for

every subsequent year of service or part thereof up to

a maximum of twelve weeks;

(f) or such longer periods as may be agreed by the

employer and employee in the case of technical,

administrative, executive or managerial posts

Provided that notice of termination of employment may not

be given during maternity leave or during the period of incapacity

for work to which sub-article (17) refers or during such other

period as the Minister may prescribe.

(6) Where one period of employment on a contract of service

for an indefinite time is of less than six months but is followed by

another period of employment in the same class of employment

commencing within the next following six months from the last day

of employment, the two periods shall, for the purposes of sub-

article (5), in regard to the second period of employment be deemed

to be one continuous period.

(7) The period of notice shall begin to run from the working

day next following the day on which notice is given.

(8) On receiving notice from the employer as aforesaid the

employee under a contract of service for an indefinite time shall

have the option either of continuing to perform work until the

period of notice expires or, at any time during the currency of the

period of notice, of requiring the employer to pay him a sum equal

to half the wages that would be payable in respect of the unexpired

period of notice.

(9) On receiving notice from the employee as aforesaid, the

employer shall have the option either to allow the employee to

continue to perform work until the period of notice expires or, at

any time during the currency of the period of notice, to pay the

employee a sum equal to the wages that would have been payable

in respect of the unexpired period of notice.

(10) If an employee under a contract of service for an indefinite

time fails to give notice as aforesaid, he shall be liable to pay to the

employer a sum, equal to half the wages that would be payable in

respect of the period of notice. If the employer fails to give the said

notice, he shall be liable to pay to such employee a sum equal to the

wages that would be payable in respect of the period of notice.

(11) An employer who terminates the contract of service of an

employee before the expiration of the time definitely specified by a

contract of service, shall pay to the employee a sum equal to one-half

of the full wages that would have accrued to the employee in respect of

the remainder of the time specifically agreed upon.

(12) An employee who abandons the service of his employer

before the time definitely specified by the contract of service shall

pay to his employer a sum equal to one-half of the full wages to

which he would have become entitled if he had continued in the

service for the remainder of the time so specifically agreed upon

Provided that in this sub-article and in sub-articles (8), (9),

(10) and (11), reference to "full wages" or "wages" is to mean the

wage payable to an employed person by or on behalf of his

employer, excluding any remuneration for overtime, any forms of

bonus, any allowances, and remuneration in kind and commissions.

(13) In the case of employees under a contract of service paid by

the unit of work, or by a share in the profits, or by a commission on

the sales or payments made or received by the employer, the

amount payable in terms of sub-articles (8), (10), (11) and (12)

shall be calculated on the average earning of the employee during

the three months immediately preceding the day on which notice is

given or the abandonment or termination of employment takes

place.

(14) Notwithstanding the foregoing provisions of this article, an

employer may dismiss the employee on a contract of service for an

indefinite time and the employee on a contract of service for an

indefinite time may abandon the service of the employer, without

giving notice and without any liability to make payment as provided in

sub-article (10) if there is good and sufficient cause for such dismissal

or abandonment of service

Provided that notwithstanding the foregoing provisions of this

article, an employee may abandon a fixed term contract of service

prior to its expiry and an employer may terminate a fixed term contract

prior to its expiry without any liability to make payment as provided in

sub-articles (11) and (12) if there is good and sufficient cause for such

dismissal or abandonment.

Provided further that an employer may not set up as a good

and sufficient cause -

(a) that the employee at the time of the dismissal was a

member of a trade union, or is seeking office as, or

acting or has acted in the capacity of an employees’

representative; or

(b) except in the case of a private domestic employee, that

the employee no longer enjoys the employer’s

confidence; or

(c) that the employee contracts marriage; or

(d) that an employee is pregnant with child or is absent

from work during maternity leave; or

(e) that the employee discloses information, whether

confidential or otherwise, to a designated public

regulating body, regarding alleged illegal or corrupt

activities being committed by his employer or by

persons acting on the employer’s name and interests;

or

(f)

that the employee has filed a complaint or is

participating in proceedings against the employer

involving alleged violation of laws or regulations or is

having recourse to competent administrative

authorities; or

(g) that the business in which the employee is engaged has

undergone a transfer of ownership, unless he proves

that the termination is necessary for economic,

technical or organisational reasons entailing changes

in the workforce

Provided further that

(a) saving the provisions of paragraph (b) hereof, the

employer can terminate the employment of an

employee when the employee reaches pension age as

defined in the Social Security Act;

(b) notwithstanding the provisions of paragraph (a)

hereof, an employer may not terminate the

employment of a female employee born on or before

the 31st December 1951 before she reaches the age of

sixty one years.

(15) A contract of service shall not, except with the consent of

the employee, be terminated by the employer during any period of

incapacity for work of the employee caused by personal injury by

accident arising out of and in the course of employment or by any

of the occupational diseases specified in the Social Security Act in

each case occurring in the service of that employer

Provided that -

(a) during such period of incapacity wages less injury

benefit payable under the Social Security Act not

including any benefit for permanent disability shall

accrue in favour of the employee as may be provided

by or under any recognised condition of employment

as defined in Part II of Title I of this Act; and

(b) the provisions of this sub-article shall not apply

beyond the first twelve calendar months of incapacity.

(16) On the cessation of the incapacity for work referred to in

the last preceding sub-article the employer shall, within twenty-one

days from an application made by the employee, re-instate the

employee in his former employment or, if the injury or disease has

caused a disablement rendering the employee unfit for the former

employment, in other suitable employment

Provided that the application for re-instatement by the

employee shall be made in writing within seven days of the

cessation of the incapacity for work.

(17) A whole-time female employee shall not be dismissed by

the employer during the period of her maternity leave or the period

of five weeks following the end of such leave in which she is

incapable for work owing to a pathological condition arising out of

delivery.

(18) Any period of incapacity for work referred to in the last

preceding sub-article shall be deducted from the period of sick

leave to which the employee is entitled at the time of such

incapacity, so however that the period of incapacity which exceeds

such entitlement shall be deemed to be leave of absence without

entitlement to wages

Provided that the employer may require the employee to

produce evidence of such incapacity for work and may require his

own doctor to visit such employee and to report to him on the

condition of her health.

(19) The employee shall, at the termination of maternity leave to

which she is entitled under the provisions of this Act or of the

period of her incapacity for work to which sub-article (17) refers,

be entitled to resume work in the post she occupied on the

commencement of her maternity leave, or in an analogous post if at

the time when she becomes so entitled the post she formerly

occupied is no longer available.

(20) Where a female employee does not resume work as

provided in the preceding sub-article, or, after having so resumed

work, abandons the service of her employer without good and

sufficient cause within six months from the date of such

resumption, she shall be liable, without prejudice to any other

liability under this Act, to pay the employer a sum equivalent to the

wages she received during the maternity leave.

(1) An employer shall not terminate the employment of

any employee on grounds of collective redundancy before he has

notified in writing the employees’ representatives recognised by

him of the termination of employment contemplated by him and has

provided the said representatives with an opportunity to consult

with the employer.

(2) The Minister may, after consultation with the Board, make

regulations prescribing the circumstances when redundancies are to

be deemed collective redundancies; the manner in which

consultations between the employer and the employees’

representatives are to take place; the procedure to be adopted; the

categories or classes of employment that are exempted from the

effects of this article and any other matter that is related or

ancillary thereto.

(3) Any person who fails to comply with the provisions of this

article or of any regulations made thereunder shall be guilty of an

offence against this Act.

(1) When a business or other undertaking is taken over, in

whole or in part by a person (hereinafter in this article referred to as

the "transferee") from any employer (hereinafter in this article

referred to as the "transferor") any employee in the employment of

the transferor on the date of transfer of the undertaking shall be

deemed to be in the employment of the transferee and the transferee

shall take on all the rights and obligations which the transferor has

towards the employee.

(2) The transferor and the transferee shall inform the

employees’ representatives of their respective employees affected

by the transfer with

(a)

the date or proposed date of the transfer;

(b) the reasons for the transfer;

(c) the legal, economic and social implications of the

transfer for the employees; and

(d) the measures envisaged in relation to the employees.

(3) Following the transfer, the transferee shall continue to

observe the terms and conditions agreed in any collective

agreement on the same terms applicable to the transferor under that

agreement, until the date of termination or expiry of the collective

agreement or the entry into force or application of another

collective agreement.

(4) Sub-articles (1) and (3) shall not apply to any transfer of an

undertaking, business or part of an undertaking or business where

the transferor is the subject of bankruptcy proceedings or in a

winding up by the Court in accordance with the provisions of the

Companies Act or other insolvency proceedings which have been

instituted with a view to the liquidation of the assets of the

transferor and are under the supervision of a court appointed

liquidator.

(5) The Minister may make regulations prescribing the manner

in which consultations between the employer and the employees’

representatives are to take place; the procedure to be adopted; the

categories or classes of employment or undertakings that are

exempted from the effects of this article and any other matter that is

related or ancillary thereto.

(6) Any person who fails to comply with the provisions of this

article or of any regulations made thereunder shall be guilty of an

offence against this Act.

The provisions of article 36 shall not apply in respect of

seamen employed on ships under the provisions of the Merchant

Shipping Act; and in the event of any conflict between any of the

provisions of the said Act and any of the provisions of this Act, the

38. former shall apply.

Any condition in a contract of service which empowers the

employer to terminate the employment of a female employee on her

contracting marriage or becoming pregnant with child shall be null

and void.

On the termination of a contract of service lasting over one

month, the employer shall be bound, at the employee’s request, to

give him a certificate stating the duration of the employment, the

nature of the work or services performed and, if the employee so

desires, the reason for the termination of the contract, and the rate

of wages paid

Provided that the employer shall not be required to state the

reason of termination of employment, if the employment was

terminated during probation.

Unless in such case as is otherwise provided by this Act, if

a contract of service between an employee and his employer or a

collective agreement entered into between the employer and the

recognised union representatives, provides for any conditions of

employment, including conditions relating to the termination of the

contract, less favourable to the employee than those specified in or

under this Act, they shall have effect as if for those conditions less

favourable to the employee there were substituted the conditions

specified in or under this Act

Provided that, in exceptional cases, the employer in

agreement with the employee or union representatives may provide

for different conditions of employment than those specified in or

under this Act as long as such agreement is a temporary measure to

avoid redundancies and as long as it is approved by the Director,

which approval needs to be reviewed every four weeks.

PART VI

ENFORCEMENT AND NON-COMPLIANCE RELATED TO

EMPLOYMENT

(1) The Minister shall appoint such officers of the

department responsible for employment and industrial relations or

other persons acting on behalf of the Director as the Minister may

think fit to be inspectors for the purposes of this Act.

(2)

Inspectors so appointed as aforesaid shall be empowered -

(a) to enter freely and without previous notice at all

reasonable times any premises or place liable to

inspection under this Act;

(b) to carry out in any such premises or place any

examination, test or inquiry which they may consider

necessary in order to satisfy themselves that the

provisions of this Act or of any regulations or orders

thereunder as well as any recognised conditions of

employment are being observed, and in particular -

(i)

to interrogate, alone or in the presence of

witnesses, the employer or the employees on any

of the said matters;

(ii) to require the production of any books, registers

or other documents the keeping of which is

prescribed by this Act or by any order issued

under this Act and to copy such documents or

make extracts therefrom.

(3) On the occasion of an inspection visit, an inspector shall

notify the employer or his representative of his presence, unless he

considers that such a notification may be prejudicial to the

performance of his duties.

(4) The premises and places liable to inspection under this Act

are any premises or places in respect of which any provisions of

this Act or of any regulation or order thereunder or any recognised

conditions of employment apply or any premises or places in

respect of which an inspector has reasonable cause to believe that

this Act or any regulations or orders thereunder or any recognised

conditions of employment apply.

(5)

Such inspectors -

(a) shall be prohibited from having any direct or indirect

interest in any premises or places which may be

subject to inspection by them;

(b) shall not reveal at any time even after ceasing to be

inspectors any manufacturing or commercial secrets or

working processes which may come to their

knowledge in the course of their duties;

(c) shall treat as absolutely confidential the source of any

complaint bringing to their notice a defect or a breach

of the provisions of this Act or of any regulations or

orders thereunder or of any recognised conditions of

employment; and

(d) shall not in any case give intimation to the employer or

his representative that a visit of inspection was made

as a consequence of the receipt of such a complaint.

(6) Every inspector shall be furnished with a certificate of his

appointment and on applying for admission to any premises or

place for the purpose of this Act, shall, if so required, produce the

said certificate.

(7) Any inspector who acts in contravention of the provisions

of sub-article (5), shall, in addition to any other punishment to

which he may be liable, be also liable to dismissal ipso facto from

his employment with the Government.

(8)

A person shall not -

(a) omit to answer or answer falsely or cause any other

person not to answer or to answer falsely to any

question which an inspector is authorised to ask under

this Act; or

(b) fail to produce any books, registers or other documents

which, pursuant to sub-article (2)(b)(ii), he is required

by an inspector to produce; or

(c) directly or indirectly prevent any person from

appearing before or being questioned by an inspector,

or attempt so to do; or

(d) obstruct in any manner an inspector in the performance

of his duties under this Act

Provided that no person shall be required under paragraph

(a) to answer any question which may incriminate him.

(1) In criminal proceedings instituted by the Police before

the Court of Magistrates for an offence against the provisions of

this Act, the Director or any officer of his department deputed by

him may, notwithstanding the provisions of any law to the contrary,

lay the charge before the court, produce the evidence, plead and

otherwise conduct the prosecution instead of the Police.

(2) The sworn statement of any officer mentioned in the last

preceding sub-article to the effect that he has been deputed by the

Director for the purpose therein stated, shall be conclusive

evidence of such fact, should the proof thereof be required by the

accused.

(3) The Director or the officer deputed by him may,

nevertheless, be produced as a witness, but should his evidence be

required as part of the case for the prosecution, he shall be heard in

evidence before assuming the duties of prosecuting officer (other

than that of stating the facts constituting the offence) unless the

necessity of his evidence arises subsequently.

(1) Any employer who contravenes or fails to comply with

any recognised conditions of employment prescribed by a national

standard order or by a sectoral regulation order or collective

agreement, or with any provisions of this Act or any regulations

made thereunder shall, unless a different punishment is established

for such offence, on conviction be liable to a fine (multa) of not less

than two thousand euro (€2,000) and not exceeding five thousand euro

(€5,000)

Provided that if the employer is found guilty for the second

time or more thereafter of breaching any condition and, or provision

mentioned in sub-article (1), the fine (multa) shall be of not less than

five thousand euro (€5,000) and not exceeding seven thousand euro

(€7,000).

(2)

Where any employer is convicted of -

(a) having failed to pay wages at not less than the rate

applicable in accordance with a recognised condition

of employment as defined in Part III of this Act or with

a contract of service whichever shall be the higher, or

(b) having made any illegal deduction or inflicted any fine

other than those specifically permitted by article 19, or

(c) having failed to make payment of any bonus payable

under article 23, or any other payment due by an

employer to any employee under this Act or under any

order made thereunder, or

(d) having withheld any remuneration or any payment in

lieu of notice, or

(e) having failed to allow paid holidays as provided for or

specified in any national standard order, sectoral

regulation order or contract of service, or

(f)

having failed to effect payment of any moneys due to

an employee under this Act or under any national

standard order or sectoral regulation order or any other

order made under this Act,

the court shall, at the request of the prosecution, besides awarding

the punishment imposed by the preceding sub-articles of this

article, order the offender, on proof of the amount, to refund or pay

to the employee or employees concerned, or to the apprentice or

apprentices concerned, as the case may be, the said amount due by

him and, in the case of holidays with pay not allowed, a sum equal

to the pay thereof, and any such order by the court shall be of the

same force and effect and be executable in the same manner as if it

had been given in a civil action duly instituted between the

employee or employees concerned or the apprentice or apprentices

concerned, as the case may be, and the employer

Provided that nothing in this sub-article shall derogate from

any right of the employee or apprentice, as the case may be, to

recover by any other means any amount due to him.

(3) Article 24 of the Criminal Code shall apply in respect of

offences under this Act.

Where an offence against the provisions of this Act or of

any regulations or orders made thereunder is committed by a

partnership, company, association or other body of persons, every

person who, at the time of the commission of the offence, was a

director, manager, secretary or other similar officer of such

partnership, company, association or other body of persons or was

purporting to act in any such capacity shall be deemed to be guilty

of that offence unless he proves that the offence was committed

without his knowledge and that he exercised all due diligence to

prevent the commission of the offence.

(1) Proceedings for an offence under this Act or of any

regulations or orders made thereunder may be commenced at any

time within two (2) years from the commission of the offence.

(2) Where the offence relates to the failure by an employer to

pay wages to an employee or failure to allow paid holidays as

required by this Act or by any national standard order or sectoral

regulation order, the offence shall be deemed to be a continuous

offence if the employer had failed to pay the wages due to the

employee regularly over the period of prescription.

Notwithstanding the provisions of the Criminal Code, the

Attorney General shall always have a right of appeal to the Court of

Crim in al A ppeal f ro m any jud gm ent giv en b y t he C ourt of

Magistrates in respect of criminal proceedings according to the

provisions of this Act.

PART VII

ADMINISTRATION RELATED TO EMPLOYMENT

(1) The Prime Minister shall have power to prescribe by

regulations the applicability of any article or sub-article of Title I and

of Title II of this Act to service with the government and to members

of a disciplined force.

(2) The Minister shall have power to make regulations for the

purpose of carrying out and giving effect to any of the provisions of

this Act on any matter related to employment relations and industrial

relations.

(3) Without prejudice to the generality of the power conferred

by sub-article (2), the regulations may -

(a) prescribe the manner and the circumstances in which

persons who are above compulsory school age, as

defined in the Education Act, and who have not yet

attained the age of 18 years, may be employed,

including the power to designate certain categories or

class of employment as prohibited employment for

such persons;

(b) prescribe the procedure to be adopted by the

Employment Relations Board, including the method of

voting and of filling casual vacancies in membership,

the method of and the quorum necessary for the

transaction of business;

(c) prescribe fees to be levied with respect to any matter

required or allowed under this Act;

(d) prescribe or otherwise provide for any matter which is

to be or may be prescribed or provided for by this Act

or by regulations made thereunder.

(4) Any regulation made under this Act may provide for any

matter relating to liability for the observance of such regulations,

and the persons who may be liable, and for any matter relating to

the enforcement of the said regulations, including, but not limited

to, the imposition of a fine (multa) not exceeding eleven thousand

a nd s i x h un d r e d a nd f or t y - s i x eu r o a nd e i gh t y -s e v e n c e n t s

(11,646.87) in respect of any contravention of, or failure to comply

with, the provisions of such regulations.

(5) Regulations made under sub-articles (2) and (3) shall,

unless the contrary is explicitly provided in or under any other law,

prevail over what is provided in or under any other law with regard

to any matter concerning industrial and employment relations.

Without prejudice to any provision of this Act granting the

Minister the power to make regulations, the Minister may, subject to

the provisions of the Exclusive Economic Zone Act, from time to

time, make, amend, substitute or repeal regulations for the purpose of

regulating, prescribing or otherwise providing for any matters

regulated by or under this Act or by or under any subsidiary legislation

made thereunder, in respect of an exclusive economic zone area or an

environment protection area as defined in the Exclusive Economic

Zone Act or any activities therein including, but not limited, to the

applicability or otherwise of this Act and, or of any subsidiary

legislation made thereunder.

TITLE II

INDUSTRIAL RELATIONS

PART I

ORGANIZATION OF WORKERS AND EMPLOYERS

Sub-Part 1

Status, registration and conduct of trade unions

and employers’ Associations

(1) A trade union and an employers’ association shall, for

all purposes of law, be treated as an association of persons and not

as a body corporate, but -

(a) it shall be capable of making contracts;

(b) all property belonging to the union or association shall

vest in the union or association, but all powers,

whether of disposal, administration or otherwise, in

relation to such property shall be exercisable by or by

the authority of the body of persons, by whatever name

called, entrusted by the rules of the union or

association with the conduct and management of its

business;

(c) it shall be capable of suing and, subject to the

provisions of this Act, of being sued, whether in

proceedings relating to property or founded on

contract, tort or quasi-tort, or any other cause of action

whatsoever;

EMPLOYMENT AND INDUSTRIAL RELATIONS

(d) proceedings in respect of any offence alleged to have

been committed by it or on its behalf may be brought

against any of its officers or other officials as provided

in article 13 of the Interpretation Act;

(e) any judgement or order made in any proceedings shall

be enforceable against any property of the union or

association.

(2) The purposes of any trade union or employers’ association

shall not, by reason only that they are in restraint of trade, be

unlawful so as -

(a) to make any member of the union or association liable

to criminal proceedings; or

(b) to make any agreement void or voidable, nor shall any

such rule of a trade union or employers’ association be

unlawful or unenforceable by reason only that it is in

restraint of trade.

(1) The rules of every trade union and of every employers’

association shall contain provisions in respect of the matters

mentioned in the following sub-articles of this article.

(2)

The rules shall -

(a) specify the name of the trade union or employers’

association, the address of its principal office and the

objects for which it is established;

(b) make provision as to the purposes for which, and the

manners in which, any property or funds of the union

or association are authorised to be applied or invested;

(c) if any financial benefits are to be available for

members of the trade union or of the employers’

association out of its property or funds, make

provision as to the amounts of those benefits and the

circumstances in which they are to be available to

members;

(d) specify the offences for which the union or association

may under the rules expel a member or take other

disciplinary action, the penalties applicable for each of

those offences, and the procedure for the hearing of

cases in which offences against the rules are alleged;

(e) make provision for the election of a governing body

and for its re-election at reasonable intervals, for the

election or appointment of officers of the union or

association and other officials, and for the manner in

which the governing body, officers and other officials

can be removed from office;

(f)

make provision for the keeping of full and accurate

accounts by the union or association, for the

appointment of auditors and for the annual auditing of

the accounts;

(g) make provision for the inspection of the books and

names of members of the union or association by every

person having an interest in the funds of the union or

association;

(h) specify the manner in which any rules of the union or

association can be made, altered or revoked, and the

circumstances and manner in which the union or

association can be dissolved.

(3) Every trade union and every employers’ association shall at

the request of any person supply him with a copy of the rules, as in

force at the date of the request, either free of charge or on payment

of a fee as may be prescribed.

(1) A trade union or an employers’ association, and any

member, officer or other official thereof, shall not perform any act

in furtherance of any of the purposes for which it is formed unless

such union or association has first been registered.

(2) Any trade union or employers’ association, and any

member, officer or other official thereof, who contravenes the

provisions of sub-article (1) shall be guilty of an offence and shall

be liable on conviction to a fine (multa) not exceeding one

thousand and one hundred and sixty-four euro and sixty-nine cents

(1,164.69).

(1) For the purposes of this Act, a public officer shall be

appointed as, or designated to perform the functions of, Registrar

of Trade Unions.

(2) The Registrar shall perform the functions and duties

conferred on him by this Act, and for the purpose of the exercise of

those functions and of the performance of those duties he shall have

power to require any person to give him any relevant information

and to produce to him any relevant document, and may also

administer oaths.

(1) Any seven or more members of a trade union or of an

employers’ association may, by subscribing their names to the rules

of the union or association, and otherwise complying with the

provisions of this Act relating to registration, register the union or

association under this Act

Provided that if any of the purposes of a trade union or of

an employers’ association is unlawful the registration of such union

or association shall be void.

(2) In determining the number of the members of a trade union

for any of the purposes of this Act no account shall be taken of any

individual who has not attained the age of sixteen years or who

does not reside in Malta; and in determining the number of the

members of an employers’ association no account shall be taken of

any person with whom or for whom no individual has entered into

or works under a contract of employment for service in Malta.

(1) Every trade union and every employers’ association

shall be registered in accordance with the provisions of this Act.

EMPLOYMENT AND INDUSTRIAL RELATIONS

(2) Without prejudice to any other provision of this Act relating

to registration, the following provisions shall have effect with

respect to the registration of trade unions and employers’

associations under this Act, that is to say -

(a) an application to register the union or association and

its rules shall be forwarded or produced to the

Registrar together with two printed copies of the rules

and with a list of the names of the officials of the

union or association in which there shall also be shown

their respective offices;

(b) no trade union or employers’ association shall be

registered under a name identical with that by which

another union or association is for the time being

registered under this Act, or so nearly resembling any

such name as to be likely to deceive the public;

(c) if the Registrar is satisfied that the union or

association have complied with the provisions of this

Act relating to registration, or if the Court of Appeal

has so directed under article 55, he shall register the

union or association, as the case may be, and its rules;

(d) upon registering a trade union or an employers’

association, the Registrar shall issue a certificate of

registration.

(3) Every alteration of the rules of a registered trade union or

employers’ association shall be registered with the Registrar, and

any such alteration shall not take effect except from the date of its

registration or from such later date as may be specified in the rules.

(4) The rules of any registered trade union or employers’

association shall not be so altered as to cease to satisfy or comply

with the provision of this Act applicable thereto; and the Registrar

shall not register any rules, or alteration to the rules, which

contravene the foregoing provisions of this article.

(1) If the Registrar is satisfied that -

(a) the applicants for registration have not been duly

authorised to apply for registration; or

(b) any of the purposes of the trade union or employers’

association is unlawful; or

(c) the application for registration or the rules of the union

or association are not in conformity with the

provisions of this Act,

he shall refuse registration.

(2) It shall be lawful for the Registrar to cancel the registration

of any trade union or employers’ association -

(a) at the request of the union or association, to be

evidenced in such manner as he may require;

(b) on proof to his satisfaction that a certificate of

registration has been obtained by fraud or mistake, or

that the registration was void, or that the union or

association has wilfully contravened any of the

provisions of this Act;

(c) if, for any reason, the rules of the union or association

are not in conformity with the provisions of this Act;

(d) if he is satisfied that the union or association has

ceased to exist;

(e) if he is satisfied that the membership of the union or

association has been reduced to less than seven

members calculated as provided in article 53(2).

(3) Where the Registrar refuses to register a trade union or an

employers’ association, he shall forthwith inform the applicants in

writing of the refusal and of the grounds thereof.

(4) Where the Registrar proposes to cancel the registration of a

trade union or of an employers’ association, he shall give notice of

the proposed cancellation to the union or association specifying the

reason therefor; and the registration shall not be cancelled before

the expiration of two months from the giving of such notice, nor

shall the registration be cancelled if, prior to the cancellation, the

union or association has remedied any default or otherwise taken

steps to avoid cancellation. If notwithstanding any representations

made, or other steps taken, by the union or association, the

Registrar decides that he ought to cancel the registration, he shall

inform the union or association in writing of his decision

Provided that, where the union or association has ceased to

exist, the Registrar may cancel the registration without complying

with any of the provisions of this sub-article and give notice of the

cancellation in the Gazette.

(5) From any refusal by the Registrar to register a trade union

or an employers’ association and from any decision by him to

cancel any such registration, an appeal shall lie to the Court of

Appeal by application made not later than seven days from the

communication by him of his refusal or decision as required by this

article. On any such appeal the court may make such orders as it

may deem proper, including a direction as to the costs of appeal;

and any such order of the court shall be final.

(6) The board established under article 29 of the Code of

Organization and Civil Procedure may make rules governing such

appeals, providing for the method of giving evidence, prescribing

the procedure to be followed, the manner of notifying the Registrar

of the appeal and generally providing for such other matter as the

court may deem necessary or expedient.

(7) The Minister responsible for justice may by regulations

under this sub-article establish the fees payable in the registry of

the court for the filing of judicial acts in connection with appeals

under this article

Provided that until such fees are so established by the

Minister, the fees established in Schedule A to the Code of

Organization and Civil Procedure shall apply.

(8) The Registrar shall be entitled to be heard on any such

appeal and shall be given the opportunity to do so.

(1) The Registrar shall keep a register of all trade unions

and employers’ associations registered under this Act, showing the

names of such unions and associations and such other particulars as

the Registrar may deem appropriate.

(2) The register of trade unions and employers’ associations

shall be open to inspection by any person free of charge at all

reasonable times.

(1) Every trade union and every employers’ association

shall keep an up-to-date record of the names of the members of the

union or association, as the case may be, showing their respective

date of membership, the legally valid identification document

numbers, addresses and trades or occupations.

(2) The Registrar shall have power at any time to inspect such

records or to cause such records to be inspected by a person

authorised by him in that behalf, and every trade union and every

employers’ association shall give him and any other person

authorised as aforesaid all reasonable facilities for that purpose.

On or after the second day of June and before the first day

of July in every year, the Registrar shall by notice in the Gazette,

call upon and require all registered trade unions and employers’

associations to transmit to him, in such form or format as he may

require -

(a) a list of the names of the officers of the union or

association, showing also the office held by each of

them;

(b) a declaration that the names of members and other

particulars shown in the record required to be kept by

article 57 have been brought up-to-date and that the

necessary alterations have been made to the said

record for that purpose;

(c) a statement of the receipts, funds and expenditure of

the union or association in respect of the preceding

year;

(d) a copy of the annual report showing the activities of

the union or association during the preceding year or,

if no such report has been made, a statement signed by

the secretary of the union or association showing the

said activities during that year,

and every trade union and every employers’ association shall

comply with such requirement, within fifteen days from the

publication of the notice in the Gazette as aforementioned.

(1) Every trade union and every employers’ association

shall -

(a) cause to be kept proper accounting records with

respect to its transactions and its assets and liabilities,

that is to say such records as are necessary to give a

true and fair view of the state of affairs of the union or

association and to explain its transactions; and

(b) establish and maintain a satisfactory system of control

of its accounting records, its cash holdings and all its

receipts and remittances.

(2) Every trade union and every employers’ association shall

appoint an auditor or auditors having the qualifications required by

t h is a r t i c l e t o a u d i t i t s a c c o u n t s ; an d e v e r y t r a d e un i o n o r

employers’ association which has been in existence for more than

twelve months shall once at least in every calendar year cause such

accounts to be prepared and audited by such auditor or auditors as

aforesaid.

(3) Every trade union and every employers’ association shall,

not later than one month from the auditing of the accounts, transmit

a copy of such accounts to the Registrar.

(4) Every trade union and every employers’ association shall at

the request of any of its members supply him with a copy of its

most recent audited accounts either free of charge or on payment of

a fee as may be prescribed.

(5) A person shall be qualified to audit the accounts of a trade

union or of an employers’ association if he is qualified to audit the

accounts of a company in accordance with the provisions of the

Companies Act.

(1) In the month of August of each year the Registrar shall

make out and send to the Minister a report on the working of this

Part of this Act. The report shall include a list of all registered trade

unions and employers’ associations and a statement as to the

inspections carried out by the Registrar under article 57.

(2) The Minister shall cause the report to be published in the

Gazette.

The Minister may make rules with respect to the

registration of trade unions and employers’ associations and in

particular, but without prejudice to the generality of the foregoing,

with respect to -

(a) the seal, if any, to be used by the Registrar for the

purposes of registration;

(b) the forms to be used for such registration and for any

application therefor;

(c) the inspection of registers and documents kept by the

Registrar and the making of copies of any entries

therein;

(d) the fees to be charged for registration, for the

inspection of any register or other document, for any

copies made out of any entries or documents, and for

any other service provided or other matter prescribed

or permitted by this Act;

(e) generally for carrying into effect the provisions of this

Part of this Act.

(1) If a trade union or an employers’ association refuses or

wilfully neglects to perform a duty imposed on it by or under any of

59. the provisions of article 57, 58 or 59, the trade union or employers’

association shall be guilty of an offence and shall be liable on

conviction to a fine (multa) not exceeding one thousand and one

hundred and sixty-four euro and sixty-nine cents (1,164.69).

(2) Any person who wilfully alters or causes to be altered a

document which is required for the purposes of the provisions of

article 57, 58 or 59, with intent to falsify the document or to enable

a trade union or employers’ association to evade any of those

provisions, shall be guilty of an offence and shall be liable on

conviction to imprisonment for a period not exceeding one year or

to a fine (multa) of two thousand and three hundred and twenty-

nine euro and thirty-seven cents (2,329.37) or to both such

imprisonment and fine.

Sub-Part 2

Restrictions on legal liability and proceedings and on union

membership

(1) Subject to the provisions of sub-article (2), no action

in tort or quasi-tort shall lie in respect of any act -

(a) alleged to have been done by or on behalf of a trade

union or by or on behalf of an employers’ association;

or

(b) alleged to be threatened or to be intended to be done as

aforesaid,

against the union or association in its own name, or against any

members, officers or officials of the union or association on behalf

of themselves and all other members of the union or association.

(2) Sub-article (1) shall not affect the liability of a trade union

or of an employers’ association to be sued in respect of the

following, if not arising from any act done in contemplation or

furtherance of a trade dispute, that is to say -

(a) any negligence, nuisance or breach of duty, (whether

imposed on them by any rule of law or by or under any

enactment) resulting in personal injury to any person;

or

(b) without prejudice to paragraph (a), breach of any duty

so imposed in connection with the ownership,

possession, control or use of property, whether

movable or immovable.

(1) An act done by a person in contemplation or

furtherance of a trade dispute shall not be actionable in tort or

quasi-tort on the grounds only -

(a) that it induces another person to break a contract of

employment; or

(b) that it consists in his threatening that a contract of

employment (whether one to which he is a party or

not) will be broken or that he will induce another

person to break a contract of employment to which that

other person is a party; or

(c) that it is an interference with the trade, business or

employment of another person, or with the right of

another person to dispose of his capital or his labour as

he wills.

(2) An act which by reason of sub-article (1) is itself not

actionable, and a breach of contract in contemplation or furtherance

of a trade dispute, shall not be regarded as the doing of an unlawful

act or as the use of unlawful means for the purposes of establishing

liability in tort or quasi-tort.

(3) An agreement or combination by two or more persons to do

or procure the doing of any act in contemplation or furtherance of a

trade dispute shall not be actionable in tort or quasi-tort if the act is

one which, if done without any such agreement or combination,

would not be actionable in tort or quasi-tort.

(4) An act done by a person in contemplation or furtherance of

a trade dispute and in pursuance of a directive issued by a trade

union, whether he belongs to it or not, shall not be actionable in

damages on the ground only that it consists in a breach of a contract

of employment; and any act done as aforesaid, not being an act in

breach of a collective agreement, or of a settlement, decision or

agreement which is still binding in accordance with the provisions

of article 70 or 72, or of a decision or award of the Tribunal, shall

not by itself entitle the employer to terminate the contract of

employment of, or discriminate against, any person doing any such

act as aforesaid, and shall not constitute a break in the service of

such person.

(5) The provisions of article 338(t) of the Criminal Code shall

not apply to any agreement or combination by two or more persons

to do or procure the doing of any act in contemplation or

furtherance of a trade dispute.

(6)

Sub-article (4) shall not apply to

(a) persons employed as Air Traffic Controllers at the

Malta International Airport and in the Airport Fire

Fighting Section of the said airport;

(b) members of the Assistance and Rescue Force

established by virtue of article 8 of the Civil Protection

Act;

(c) persons employed to provide pilotage and mooring,

tug services, fire fighting, medical health services and

pollution combating services as may be required in

cases of port emergency;

(d) such minimum number of persons needed to guarantee

that life is not endangered through the non import or

discharge into Malta of wheat, grain, domestic gas,

aviation fuel, diesel and petrol and oil fuel for the

operation of air transport facilities and power

generation and water facilities, as agreed upon by their

respective employer and the recognised trade union or

in default of such agreement, as shall be decided by

the appropriate controlling body or in the absence of

such body, the Industrial Tribunal;

(e) such minimum number of persons as may be required

to guarantee the combined production, provision and

distribution of water and electricity, as agreed upon by

their respective employer and the recognised trade

union or in default of such agreement, as shall be

decided by the Industrial Tribunal;

(f)

such number of persons as may be required to maintain

the continued and uninterrupted services listed in the

Schedule to this Act and required to be manned at all

times for the continued provision by the Government

of essential services to the community;

(g) such number of persons in such posts as the Minister

may by notice in the Gazette prescribe, as being

necessary to provide service at the level of one-half of

the public passenger transport services in Malta and

Gozo and one-half of the scheduled public ferry

services between Malta and Gozo and it shall be

deemed to be an implied condition of the contract of

employment of any employee employed in the public

passenger transport services and scheduled ferry

transport services that the said employee shall be

obliged to perform duties as directed by the employer

thereof in order to constitute the number designated as

aforesaid and any employee failing to perform such

duties without justification shall be liable to dismissal

Provided that, for the purposes of subparagraphs (d) and (e)

if no agreement is reached as aforesaid within a period of one

month from the date of coming into force of this Act, the matter

shall be referred to the appropriate controlling body or Industrial

Tribunal, as the case may be, at the request of any one of the

parties

Provided further that for the purpose of paragraph (g) the

term "public passenger transport services" shall have the same

meaning as that assigned to it in the Authority for Transport in

Malta Act.

(7) Where the number of public officers holding or employed

in any of the offices aforesaid is greater than the number indicated

in the said Schedule as essentially required, sub-article (6) shall

apply only to the more senior among those officers who together

make up that number (excluding only any of them who are on leave

authorised expressly for the purposes of this sub-article, and only

while they are so on leave), seniority being determined by any

seniority inherent in the office itself or, in the absence of such

seniority, by the length of the officers’ service in the office held by

them or in which they are employed at the relevant time, and in

cases of equal lengths of service by the age of the officers having

the same length of service.

(8) Any public officer to whom, by virtue of sub-articles (6)

and (7), sub-article (4) does not apply, shall have his service with

the Government terminated forthwith if, in contemplation or

furtherance of a trade dispute or of any other action taken by two or

more public officers or other workers (whether or not in pursuance

of a directive issued by a trade union), or in support thereof or in

sympathy therewith, such officer refuses or otherwise fails to carry

out those duties that are necessary for the continued provision of

the essential service, in accordance with this Act and with the terms

of service or conditions of employment and under the direction of

the competent authorities of the Government.

(9) The Schedule to this Act may be altered, added to or

otherwise amended -

(a) by a resolution of the House of Representatives; or

(b) by the Prime Minister by order in the Gazette

Provided that an order as aforesaid may not increase the

total number of officers in Category A to more than forty-five (45);

in Category B to more than one hundred (100) and in Category C to

more than two hundred and twenty-five (225).

It shall be lawful for one or more persons in contemplation

or furtherance of a trade dispute to attend at or near -

(a) a place where another person works or carries on

business; or

(b) any other place where another person happens to be,

not being a place where he resides,

for the purpose only of peacefully obtaining or communicating

information, or peacefully persuading any person to work or

abstain from working.

Any person who, for the purpose of compelling any other

person to abstain from doing or to do any act which such other

person has a legal right to do or to abstain from doing, wrongfully

and without legal authority -

(a) uses or threatens to use violence against such person,

or the wife, husband or child of such person, or a

member of his household, or causes or threatens to

cause damage to his property;

(b) persistently follows such other person from place to

place;

(c) watches or besets the house or other place where such

other person resides or the approaches to such house or

place;

(d) deprives such person, or in any manner hinders him in

the use of, any tools, clothing or other property owned

or used by such other person,

shall be guilty of an offence and be liable on conviction to

imprisonment for a period not exceeding three months or to a fine

(multa) not exceeding one thousand and one hundred and sixty-four

euro and sixty-nine cents (1,164.69) or to both such imprisonment

and fine, without prejudice to any heavier punishment to which the

offence may be liable under any other enactment.

(1) The holder of an office in the public service declared

by the Prime Minister to be an office the holder whereof may not be

a member of a trade union in respect of which he may be required

to represent or advise the Government in industrial relations with

the union or unions representing its employees, shall not become,

and if he is shall cease to be, a member of that trade union; and the

provisions of this sub-article shall be an implied term of his terms

of service with the Government.

(2) Subject to the provisions of sub-article (3), in respect of a

person employed in such managerial or executive post, in any

corporation or other body established by law or in any company or

other partnership or in any other body having a distinct legal

personality (hereinafter referred to as a "corporate employer"), as

will require the holder of that position to represent or advise the

corporate employer in its relations with the union or unions

representing its other employees or any part thereof, it shall be an

implied term of the contract of employment of such person that he

shall not, while occupying such position, be a member of any of the

trade unions aforesaid.

(3)

Sub-article (2) shall apply only to such posts, being

(a) not more than three in the case of a corporate employer

employing not more than two hundred persons;

(b) not more than seven in the case of a corporate

employer employing more than two hundred

employees,

as such employer shall have indicated in writing to the trade union

of which the holder of the said posts may not be a member.

(1) A member of a disciplined force shall be entitled to be

a member of a registered trade union of his choice.

(2)

A trade union representing members of a disciplined force

(a) shall not be entitled to limit its membership to any

particular rank in the said force;

(b) shall be entitled to negotiate conditions of employment

and to participate in dispute resolution procedures of a

conciliatory, mediatory, arbitral or judicial nature on

behalf of the members of the disciplined force which it

represents but it shall not be entitled to take any other

action in a disciplined force in contemplation or

furtherance of a dispute

Provided that notwithstanding the provisions of this article,

the right of members of the Armed Forces of Malta to be members

of a trade union shall be regulated only under the Malta Armed

Forces Act.

PART II

VOLUNTARY SETTLEMENT OF DISPUTES

The Minister shall appoint a Conciliation panel composed

of not less than five persons to serve as conciliators in trade

disputes as may be referred to them from time to time, so however

(a) the panel shall be composed of such persons appointed

by the Minister after consultation with the Malta

Council for Economic and Social Development;

(b) the appointment shall be for a period of two years;

(c) during the term of the appointment, the Minister may

substitute members or fill in vacancies whenever

necessary, after consultation with the Malta Council

for Economic and Social Development

Provided that no person as is mentioned in article 73(3),

shall be nominated or appointed on the Conciliation panel.

(1) Where a trade dispute exists or is apprehended, the

parties to the dispute may agree to refer the dispute to -

(a) the Director, or

(b) a conciliator who may be chosen -

(i)

either by the same parties to the dispute in

agreement between them;

(ii) or, if there is no such agreement, by the Director

from amongst the Conciliation panel established

by virtue of article 68

Provided that nothing shall preclude the Director or his

delegate from inviting the parties to the dispute to attend

conciliation meetings.

(2) The functions of the conciliator appointed in accordance

with sub-article (1) shall be -

(a) to communicate with the parties to the trade dispute

immediately on the referral;

(b) to organise and preside conciliation meetings between

the parties as may be necessary in order to resolve the

trade dispute;

(c) to consider the causes and circumstances of the trade

dispute;

(d) to endeavour to bring about an amicable settlement of

the dispute as expeditiously as possible; and

(e) to make such recommendations as the conciliator may

deem fit in order to resolve the trade dispute.

(3) Where a trade dispute exists or is apprehended and the

parties fail to nominate or to agree on the appointment of a

conciliator in accordance with sub -article ( 1), o r where an

appointed Conciliator reports a deadlock, the Director shall refer

the matter to the Minister and copy such referral to the parties to

the dispute.

(4) Where a trade dispute is referred to the Minister in

accordance with the last preceding sub-article, the Minister may, if

he thinks fit

(a) appoint a court of inquiry to inquire into and establish

the causes and circumstances of the dispute;

(b) on an application by both parties to the dispute, refer

such trade dispute to the Industrial Tribunal.

(5) A court of inquiry shall have the same powers as are by the

Code of Organization and Civil Procedure conferred on a superior

court, except that it shall not have the power to order the detention

of any person, and without prejudice to the generality of the

aforesaid, a court of inquiry may summon witnesses and administer

the oath, appoint assessors, and require any person who appears to

it to have special knowledge of the matter of the inquiry to furnish,

in writing or otherwise, and to confirm on oath, such opinion and

such particular relating to that matter as the court may require.

Where the court consists of more than one person, the oath shall be

administered by the Chairperson.

If a settlement of a trade dispute (being a settlement not

inconsistent with any enactment, or other instrument having the

force of law, regulating wages and other terms and conditions of

employment) is reached as a result of measures taken under article

69, and a memorandum of the terms of that settlement has been

drawn up in writing and has been signed by the parties or their

representatives and a copy thereof, together with a declaration that

is a settlement for the purposes of this article signed as aforesaid,

has been delivered to the Minister -

(a) it shall not be open to any of the parties to seek by

unilateral action a revision of the terms of the

settlement before the expiration of at least one year

from the date of that settlement; and

(b) any such settlement shall be binding on the parties to

it, on the workers represented in the dispute and the

workers affected by it and shall be binding on any

successor in title of any one of the parties to the

dispute.

The Minister may make regulations for any of the

following purposes -

(a) for regulating the procedures to be followed by the

Conciliation Panel and by the conciliators appointed

on the panel;

(b) for regulating the composition and procedure of courts

of inquiry.

(1) There is hereby established a Joint Negotiating

Council as a special negotiating machinery with respect to trade

disputes concerning the conditions of work of persons providing

the services listed in article 64(6)

Provided that the Council and any other negotiating

machinery established by or under this article, shall not in any way

deal with or encroach on any matter falling within the functions of

the Public Service Commission.

(2) The Council shall consist of not more than four members

representing the Government, and not more than four members

representing the trade union having as its members the largest

number of persons providing the essential service in the relevant

section or area involved in the dispute

Provided that the members appointed by the recognised

trade union in accordance with the provisions of this sub-article,

shall be so appointed by the union concurrently with the official

registration of a trade dispute and shall be signified in writing by

letter addressed to the Permanent Secretary in the Office of the

Prime Minister

Provided further that, in accordance with the preceding

proviso, the composition of the Council may vary if there is more

than one dispute that has been referred to the Council and such

disputes are separate and are made by a different trade union as

specified in the first paragraph of this sub-article.

(3) Saving what is provided in sub-article (4), the decisions of

the Council shall only be taken by a unanimous vote. Any decision

so taken or agreement so reached shall be binding on the

Government and on all public officers to whom that decision or

agreement applies.

(4) Where in respect of any trade dispute falling within the

functions of the Council an agreement acceptable to all the

members cannot be reached, and the Chairperson of the Council

registers disagreement, the Chairperson shall refer the matter to the

Industrial Tribunal within fifteen days of such disagreement being

registered and the Industrial Tribunal shall be bound to reach a

final decision on the trade dispute (including the making of

recommendations) by not later than two months from the referral,

unless in the opinion of the Chairperson of the Industrial Tribunal,

a longer period is necessary for a valid reason which must be stated

and recorded in the proceedings of the Tribunal.

(5) The Minister may, after consultation with the Council,

make regulations to give fuller effect to the provisions of this

article and to any other relevant provisions of this Act, and in

particular, but without prejudice to the generality of the aforesaid,

such regulations may -

(a) determine the procedure of the negotiating machinery

established by this article;

(b) specify in more detail and otherwise determine the

functions, powers and duties of any such machinery

and of any sub-committee or other body thereof, and

of any of their chairpersons or other members;

(c) provide for any matter connected with or ancillary to

any of the foregoing matters.

(6) The provisions of article 70 shall apply to an agreement

reached as provided in sub-article (3) or sub-article (4) as they

apply to a settlement referred to in that article.

PART III

THE INDUSTRIAL TRIBUNAL

(1) There is hereby established a tribunal to be known as

the Industrial Tribunal.

(2) The Prime Minister shall appoint a panel of not more than

fifteen persons to act as chairpersons of the Industrial Tribunal,

after consultation with the Malta Council for Economic and Social

Development, so however that -

(a) at least three of the members so appointed shall be

persons who are advocates of at least seven years

experience;

(b) such persons shall serve as chairpersons either in turn

or in accordance with such distribution of duties and

subject to such provisions as to inability to serve and

other circumstances, as may be prescribed by the

Minister.

(3) Save as is provided in sub-article (4), the Industrial

Tribunal shall consist of -

(a) a Chairperson chosen in accordance

with

the

provisions of sub-article (2); and

(b) two other members of the Tribunal who shall be

selected by the Chairperson of the Tribunal so that due

to their different experiences they shall bring to the

Tribunal knowledge, so far as may be equally, of the

interests in the dispute, from two panels of persons

appointed by the Minister to serve as members of the

Tribunal as occasion may require, one panel consisting

of persons nominated by trade unions represented on

the Malta Council for Economic and Social

Development and the other panel consisting of persons

nominated by employers’ associations and other

organisations representing employers represented on

the Malta Council for Economic and Social

Development

Provided that if the parties to a trade dispute agree, within

such time as the Chairperson shall fix for the purpose, on the

selection of the two members who are to sit with the Chairperson,

the Chairperson shall make the sele ction according to t hat

agreement.

(4) In all cases covered by article 75, the Tribunal shall be

composed of a Chairperson alone provided that in those cases

covered by covered by article 75(1)(c), the Chairperson shall be one

of the members appointed in accordance with sub-article (2)(a).

(5) In all cases not provided for by sub-article (4) in which the

Government, or any body or company referred to in article 80(3), is

a party, the Tribunal shall be composed of -

(a) a Chairperson chosen in

accordance

with

the

provisions of sub-article (2);

(b) a member selected by the Chairperson of the Tribunal

from the panel of persons nominated by trade unions

as prescribed in sub-article (3)(b); and

(c) a member chosen by the Chairperson of the Tribunal

from a list of persons appointed by the Minister from

amongst persons nominated by entities in the public

sector.

(6)

(a) The chairpersons of the Tribunal shall be appointed by

the Prime Minister for a period of five years.

(b) The members of the Tribunal shall be appointed by the

Minister for a period of five years.

(c) A person shall not be qualified to be appointed as

chairperson or as member of the Tribunal, if such

person

(i) is a Member of the House of Representatives or

of the European Parliament; or

(ii) is a Member of a Local Council; or

(iii) is an undischarged bankrupt; or

(iv)

has been sentenced by any court to effective

imprisonment for any term or has been found

guilty by any court of any of the crimes listed in

Titles III, V or VI of Part II of Book First of the

Criminal Code.

(d) The Prime Minister may, after consultation with the

Employment Relations Board, remove a member from

the list appointed in accordance with sub-article (2),

for reasons of proved misbehaviour, manifest

inefficiency, or inability to perform his or her

functions whether due to an impairment of mind or

body. The decision to remove such a member shall

include reasons and shall be subject to a right of

appeal on a point of law against the Prime Minister to

the Court of Appeal by such member. The appeal shall

be filed within twenty days from the date when the

said member is notified of the decision. The rules of

the Code of Organization and Civil Procedure

regulating the hearing and determination of appeals

from judgements of the First Hall of the Civil Court

shall mutatis mutandis apply to such appeal.

EMPLOYMENT AND INDUSTRIAL RELATIONS

(e) The Minister may, after consultation with the

Employment Relations Board, remove a member from

the list appointed in accordance with sub-article (3)

(b), for reasons of proved misbehaviour, manifest

inefficiency or inability to perform his or her functions

whether due to an impairment of mind or body. The

decision to remove such a member shall include

reasons and shall be subject to a right of appeal on a

point of law against the Minister to the Court of

Appeal by such member. The appeal shall be filed

within twenty days from the date when the said person

is notified of the decision. The rules of the Code of

Organization and Civil Procedure regulating the

hearing and determination of appeals from judgements

of the First Hall of the Civil Court shall mutatis

mutandis apply to such appeal.

(f)

The chairpersons and the members of the Tribunal

may, when their term of office, whether it be the first

one or otherwise, expires, be re-appointed for another

term of five years

Provided that such re-appointment, prior to being

made, shall be proposed to the Employment Relations

Board and

(i)

the re-appointment of a chairperson shall not be

made if two thirds of the members of the

Employment Relations Board are against such

reappointment;

(ii) the re-appointment of a member from the list of

persons appointed by trade unions represented

on the Malta Council for Economic and Social

Development shall not be made if it does not

receive the prior approval of at least fifty

percent of all the members of the Employment

Relations Board that have been nominated on

such Board as representatives of the employees;

(iii) the re-appointment of a member from the list of

persons appointed by employers’ associations

and other organisations that represent the

employers shall not be made if it does not

receive the prior approval of at least fifty

percent of all the members of the Employment

Relations Board that have been nominated on

such Board as representatives of the employers.

(7)

(a) The Prime Minister may, from time to time, if he

thinks fit and after consultation as provided in sub-

article (2) add to the list provided for it in the said sub-

article.

(b) The Minister may, from time to time, if he thinks fit

request new nominations from trade unions and

associations and organisations of the employers

mentioned in paragraph (b) of sub-article (3) for the

purpose of increasing the lists mentioned in the said

paragraph.

(8) The Minister shall also designate a public officer to be

Secretary of the Tribunal and may also detail other public officers

to assist the Secretary in the performance of his duties. The

Secretary of the Tribunal shall have mutatis mutandis such powers

and duties as are by the Code of Organization and Civil Procedure

vested in the Registrar of Courts.

(9) The registry of the Tribunal shall be the Registry of the

Superior Courts; and the records of the Tribunal shall be kept

therein.

(10) (a) The chairpersons and the members of the Tribunal

shall receive such remuneration as the Prime Minister

may establish by notice in the Gazette. Such

remuneration may be fixed at an amount per year or at

an amount for every hearing held or at an amount for

every decided case. Once the remuneration has been

established it shall not be reduced but the change in

criteria for calculating the remuneration between the

criteria mentioned in this paragraph provided that it is

made in regards to all the chairpersons and members

shall not be deemed to constitute in itself a reduction

in the remuneration.

(b) During their term of appointment the chairpersons and

the members of the Tribunal shall not appear before

the Tribunal in the exercise of their profession or to

assist any parties.

(c) The chairpersons and the members of the Tribunal

shall prior to the hearing of every case declare to the

Secretary of the Tribunal any interest that they may

have in the procedures and the Secretary shall, when in

his opinion such interest may prejudice the

independence of the chairperson or of the member

concerned, appoint another chairperson or member in

accordance with the lists mentioned in sub-articles (2)

and (3) respectively

Provided that nothing in this paragraph shall be

construed as diminishing the right of the parties in a

case before the Tribunal to request the challenge of a

chairperson or of a member.

(d) Nothing in this Act shall be construed as exempting

any person forming part of the Tribunal from the duty

to act with independence and impartiality according to

law and not to be subject to the direction or control of

any other person or authority in the performance of his

judicial duties on the Tribunal and this irrespective of

the procedure according to which or the list from

which such person shall have been appointed to form

part of the Tribunal.

(1) Where steps taken by the Minister under article 69 to

promote an amicable settlement of a trade dispute have not resulted

in a settlement, any of the parties may notify the Minister in writing

accordingly.

(2) Where all the parties to a trade dispute agree to refer the

dispute to the Industrial Tribunal, they may request the Minister in

writing to refer the dispute to the Tribunal.

(3) Upon receipt of a notification under sub-article (1) and

upon being satisfied that the notification or request has been

received from a bona fide employer or from an employers’

association or from a trade union representing the interests of the

workers concerned in the dispute, the Minister shall refer the

dispute to the Tribunal for settlement by it; and he shall do so

within twenty-one days from the date of the notification or request.

(4) The Minister may refer to the Tribunal for advice, any

matter relating to or arising out of a trade dispute, or trade disputes

generally, or trade disputes of any class, or any other matter which

in his opinion ought to be so referred.

(1) Notwithstanding any other law, the Industrial Tribunal

shall have the exclusive jurisdiction to consider and decide -

(a) all cases of alleged unfair dismissals;

(b) all claims made in accordance with sub-articles (11) and

(12) of article 36 of this Act, for sums which may become

due to a worker or to an employer following the

termination of a contract of service for a fixed term

before the expiration of the term definitely specified in

the contract; and

(c) all cases falling within the jurisdiction of the Industrial

Tribunal by virtue Title I of this Act or any regulations

prescribed thereunder,

for all purposes other than proceedings in respect of an offence

against any enactment and the remedy of a worker so dismissed or

otherwise alleging a breach of his right under Title I of this Act

shall be by way of reference of the complaint to the Industrial

Tribunal and not otherwise

Provided that nothing in this sub-article shall be construed

as affecting the provisions of the Constitution of Malta with respect

to public officers or shall affect the operation of the Port Workers

Ordinance, or of the Public Transport (Regulation of Employment)

Act, and in this article the expression "worker" does not include

public officers or any person to whom the Ordinance or the Act

aforesaid applies.

(2) Where it is alleged that a worker has been unfairly

dismissed by an employer, or where there is an alleged breach of

a ny o b li ga ti on a r isi n g ou t o f an y m a t t e r f a l l in g w it hi n t he

jurisdiction of the Industrial Tribunal under Title I of this Act or

any regulations prescribed thereunder, the matter shall be referred

to the Tribunal for a decision by it by means of a referral in writing

made by the worker alleging the breach, or by some other person

acting in the name and on behalf of such worker.

(3) Any referral made in accordance with the last preceding

sub-article shall be made by means of a declaration stating the facts

of the case, presented in the Registry of the Tribunal and shall, in

all cases, be so presented by not later than four months from the

effective date of the alleged breach.

(1) The Chairperson of the Tribunal may be challenged, or

shall abstain, from sitting in any of the circumstances set out in

article 734 of the Code of Organization and Civil Procedure; and in

any such case the provisions of Sub-Title II of Title II of Book

Third of that Code shall apply in so far as they are applicable and

subject to the other provisions of this Act

Provided that if all the persons appointed in accordance

with article 73(2) are successfully challenged, the Tribunal shall be

chaired by another person appointed ad hoc by the Minister and

who shall not be challenged.

(2) Any member of the Tribunal other than the Chairperson

may be challenged, or shall abstain, if he has given evidence in any

court of inquiry or before a conciliator concerning the trade dispute

before the Tribunal, or if any party to the dispute proposes to call

him as a witness; and in any such case, and in the case of any other

lawful impediment of any such member, he shall be replaced by

another person selected by the Chairperson from the appropriate

panel referred to in article 73(3)(b), or article 73(5)(c) applies, by

another person appointed ad hoc by the Prime Minister.

(1) The Tribunal shall have such powers as are, by the

Code of Organization and Civil Procedure, vested in the Civil

Court, First Hall.

(2) Without prejudice to the foregoing provision of this article,

the Tribunal shall have the power to summon witnesses and to

administer the oath, to appoint assessors, and to require any person

who appears to it to have special knowledge of any relevant matter,

or of any of the matters to which the trade dispute or complaint

referred to it relates, or of the matter referred to it, to furnish in

writing or otherwise, and to confirm on oath, such opinion and such

particulars relating to that dispute, matter or complaint as the

Tribunal may require, and may authorise any person to administer

the oath for that purpose

Provided such witness, assessor, expert or any other person,

as the case may be, shall be heard in evidence and shall be

examined in a Tribunal hearing and the parties to the case shall

have the right to ask questions.

(3) Witnesses shall be paid fees in accordance with the

Witnesses (Fees) Ordinance.

(1) The Tribunal shall decide any issue referred to it

within a period that does not exceed one month from the date of the

referral, unless in the opinion of the Chairperson, a longer period is

necessary for a valid reason which must be stated and registered in

the proceedings of the Tribunal.

(2) The case for any party to a dispute may be presented by the

party itself which may choose to be represented or aided by a

person or persons of its trust.

(3) Subject to the provisions of this Act and to any rules made

or deemed to be made under this article, the Tribunal shall regulate

its own procedure. Whatever the procedure adopted, the Tribunal

shall endeavour to ensure that justice is done according to the

substantive merits of the case; and, subject to the rules of natural

justice, the Tribunal shall reach its conclusions on any matter in

such a manner as it deems appropriate.

(4) The Tribunal shall hold its sittings in public unless, having

regard to the nature of the dispute or other matter before it, the

Chairperson deems it proper to conduct the proceedings or part

thereof in private.

(5) Where the members of the Tribunal are more than one and

they are unable to agree as to their award, decision or advice, the

matter shall be decided by the Chairperson acting with full powers

of an umpire.

(6) The Minister may make rules establishing the procedure to

be followed by and before the Tribunal and otherwise making such

provisions with respect to such proceedings as he may deem

necessary or expedient.

(1) The Minister may by regulations prescribe the fees

payable to any person representing the parties in proceedings

before the Tribunal.

(2) The Tribunal shall in its award or decision tax the fees of

the person or persons representing either party in accordance with

the Tariff made under the preceding sub-article.

(3) No person shall charge fees in excess of those taxed by the

Tribunal or in the absence of such taxation, in excess of the Tariff.

(4) Any party who is charged fees in excess of any tariff which

is or may be prescribed by law may claim back the excess by a

w rit ten requ est to th e S ecretary o f the Trib unal, w ho sh all

thereupon verify the claim, and if so verified, shall order the person

to whom the excess was paid to refund it to that party.

(5) If the Tribunal finds that there was gross overcharging it

m ay o rder the person so overcharg ing to p ay a pen alty not

exceeding two thousand and three hundred and twenty-nine euro

and thirty-seven cents (2,329.37) to the Secretary, who shall upon

receiving that penalty transmit it to the Consolidated Fund.

(6) An order for reimbursement made in terms of sub-article

(4) and an order to pay a penalty made in terms of sub-article (5),

shall be an executive title for all intents and purposes of the Code

of Organization and Civil Procedure and shall be enforceable as

such by the Civil Court, First Hall in the same manner and by the

same means laid down in that Code.

(1) In giving any award, decision or advice the Tribunal

may give consideration to the social and economic policies and to

the principles of social justice prevailing at the time of its

pronouncement if it considers that these are relevant to the

determination of the case before it.

(2) Where any matter before the Tribunal concerns or relates to

public officers the Tribunal shall abstain from taking cognizance of

any matter which is within the functions of the said Commission.

(3) Where the matter before the Tribunal concerns or relates to

persons employed with bodies corporate established by law and

managed by a board or other body appointed by the Government or

to persons employed with companies in which the Government has

a controlling interest, any award or decision of the Tribunal shall,

where the Tribunal considers that it is appropriate, take into

account the maintenance of due relativity between the terms and

conditions of those employees and the terms and conditions of

public officers.

(4) The Tribunal shall not make any award or decision which is

inconsistent with any enactment, or other instrument having the

force of law, regulating wages and other terms and conditions of

employment.

(1) Where on a complaint for unfair dismissal referred to

the Tribunal under article 75, the Tribunal -

(a) finds that the grounds of the complaint are well-

founded, and

(b) on the specific request of the complainant to be

reinstated or re-engaged made in the referral or in the

statement of his case,

the Tribunal considers that it would be practicable and in accordance

with equity, for the complainant to be reinstated or re-engaged by the

employer, the Tribunal shall make an order to that effect, stating the

terms on which it considers that it would be reasonable for the

complainant to be so reinstated or re-engaged

Provided that where the complainant is employed in such

managerial or executive post as requires a special trust in the

person of the holder of that post or in his ability to perform the

duties thereof, the Tribunal shall not order the reinstatement or re-

engagement of the complainant; but where the complainant was

appointed or selected to such post as aforesaid by his fellow

workers the Tribunal may order his reinstatement or re-engagement

in the post held by him before such appointment or selection.

(2) Where on a complaint made under article 75, the Tribunal

finds that the grounds for the complaint are well-founded -

(a) in cases of unfair dismissal, if there is no specific

request for reinstatement or re-engagement or the

Tribunal decides not to make an order for

reinstatement or re-engagement as aforesaid, the

Tribunal shall make an award of compensation, to be

paid by the employer to the complainant, in respect of

the dismissal

Provided that, in determining the amount of such

compensation, the Tribunal shall take into

consideration the real damages and losses incurred by

the worker who was unjustly dismissed, as well as

other circumstances, including the worker’s age and

skills as may affect the employment potential of the

said worker;

(b) in all other cases other than cases alleging a breach of

articles 26, 27, 28, 29 or 29A, the Tribunal may make such

order as it deems necessary in order to remedy the

breach or it may make an award of compensation to be

paid by the employer to the complainant, or it may

award such compensation and make such orders as it

may deem necessary in order to remedy the breach;

and

(c) in cases alleging a breach of articles 26, 27, 28, 29 or

29A the provisions of article 30(2) shall apply.

(1) Any decision or award made by the Tribunal shall be

binding on the parties to it, on the workers represented in the

dispute and the workers affected by it and shall be binding on any

successor in title of any one of the parties to the dispute

Provided that it shall not be open to either of the parties to

seek by unilateral action a revision of any award or decision of the

Tribunal before the expiration of at least one year from the date of

such award or decision.

(2) A decision or award of the Tribunal may be made

retrospective to a date which -

(a) in the case of an unfair dismissal, is not earlier than the

date of such dismissal; and

(b) in any other case is not earlier than the actual

occurrence of the breach or, if such date is not

determinable, is not earlier than the date on which the

trade dispute to which the decision or award relates

first arose.

(3) In cases of unfair dismissal and in cases falling under the

jurisdiction of the Industrial Tribunal in accordance with in

accordance with article 75(1)(a), (b) and (c), there shall be a right of

appe al on a point of l aw. Su ch appeal shall b e made by an

application to the Court of Appeal constituted in accordance with

article 41(9) of the Code of Organization and Civil Procedure. Such

application shall be filed by not later than twelve days from the

date of the decision of the Tribunal

Provided that when an appeal is lodged to the Court of

Appeal and a plea is entered by either of the parties that the appeal

is null and void because it is not based on a point of law decided by

the Tribunal or that the appeal is null and void at law for any other

reason whatsoever, that appeal shall be referred by the Registrar to

the Court of Appeal for a decree in camera on the admissibility or

otherwise of the appeal.

(4) The enforcement of the awards and decisions of the

Tribunal shall be carried out in the manner prescribed in this Act

and in the Code of Organization and Civil Procedure, and shall vest

in the Tribunal itself.

(1) If any question arises as to the interpretation of any

award or decision of the Tribunal (other than a decision under this

article), the Minister or any party to the proceedings may apply to

the Tribunal for a decision of such question and the Tribunal shall

decide the matter after hearing the parties or, if the parties have so

agreed, without any such hearing. The decision of the Tribunal

shall be notified to the parties and shall be binding in the same

manner as if it had formed part of the original award.

(2) For the purposes of this article the membership of the

Tribunal shall be as far as may be reasonably possibly identical to

the membership of the Tribunal when it made the award the

interpretation of which is requested.

(3) If during the hearing of any application made under sub-

article (1), the Tribunal finds that the application is vexatious, the

Tribunal may order the offending party to pay to the other party a

penalty not exceeding four hundred and sixty-five euro and eighty-

seven cents (465.87). Any such penalty shall be recoverable as a

civil debt.

TITLE III

SUPPLEMENTARY PROVISIONS

(1) Subject to the provisions of Title II of this Act, and

without prejudice to the special provisions therein contained with

respect to public officers, the provisions of Title II of this Act,

other than the provisions of articles 69 and 72 and the provisions

relating to dismissals or termination of employment, shall have

effect in relation to government employment and to workers who

are government employees as they have in relation to other

employment and to other workers. The provisions excluded by this

sub-article shall not apply to government employees unless

specifically provided for in terms of article 48(1).

(2) In this article "government employment" means

employment under or for the purposes of a government department,

otherwise than as a member of a disciplined force, and

"government employee" means a person who for the time being is

in government employment.

All expenses required to put into operation the provisions

of this Act, including the expenses of the Tribunal and of any

council, court of inquiry or of any person appointed by or under

this Act, shall be a charge on and be paid out of the Consolidated

Fund.

All regulations, orders and subsidiary legislation made

under or kept in force by the Conditions of Employment

(Regulation) Act (repealed by this Act * ) and by the Industrial

Relations Act (repealed by this Act * ) and any National Standard

Order and Wages Council Wage Regulation Order in force on the

date on which this Act comes into effect, shall continue in force

thereafter and shall have effect thereafter as if made under this Act,

and may be amended or repealed accordingly.

*Article 18(1), (2), (3) and (4) of the Conditions of Employment (Regulation) Act, in

relation to entitlement to maternity leave, which is to continue to be regulated by the

Conditions of Employment (Regulation) Act, is still in force.

*All cases which immediately before the coming into force of the Employment and

Industrial Relations Act were pending before the Industrial Tribunal, as constituted

under the Industrial Relations Act, shall continue to be regulated by the said Industrial

Relations Act.

EMPLOYMENT AND INDUSTRIAL RELATIONS