Regulations, 2004

L.N. 443 of 2004

EMPLOYMENT AND INDUSTRIAL RELATIONS ACT

(CAP. 452)

Posting of Workers in Malta (Amendment)

Regulations, 2004

IN exercise of the powers conferred by article 31 of the

Employment and Industrial Relations Act, the Minister of Education,

Youth and Employment has made the following regulations>–

The title of these regulations is the Posting of Workers in Malta Title.

(Amendment) Regulations, 2004 and they shall be read and construed

as one with the Posting of Workers in Malta Regulations, 2002, L.N. 430 of 2002.

hereinafter referred to as “the principal regulations”.

For regulation 1 of the principal regulations, there shall be Amends regulation

1 of the principal

substituted the following>-

regulations.

1. (1) The title of these regulations is the Posting of

“Title and

scope.

Workers in Malta Regulations, 2002.

(2) The object of these regulations is to give effect

to the relevant provisions of EU Council Directive 96#71#EC.”.

Sub-regulation (1) of regulation 2 of the principal regulations Amends regulation

2 of the principal

shall be amended as follows>

regulations.

(a) in the definition “comparable employee”, for the words

“Maltese employee in the same establishment” wherever they occur

there shall be substituted the words “employee in a local

undertaking” and in the proviso thereto for the words “Maltese

employees in other establishments” there shall be substituted the

words “employees in other local undertakings”<

(b) immediately after the definition “Act” there shall be

inserted the following new definition>-

“Commission” means the Commission of the European

Union<”< and

(c) immediately after the definition “foreign undertaking”,

there shall be inserted the following new definitions>

“ “local undertaking” means an undertaking operating

in Malta<

“Member State” means a Member State of the European

Union or of the European Economic Area<”

In sub-regulation (2) of regulation 3 of the principal

regulations, for the words “personnel on seagoing vessels” there shall

be substituted the words “personnel employed on vessels which fall

under the provisions of the Merchant Shipping Act”.

Regulation 4 of the principal regulations shall be amended

as follows>-

(a) in the English text only of sub-regulation (1) for the

words “or any regulations issued thereunder or by virtue of any

other regulations issued thereunder” there shall be substituted the

words “or any regulations issued thereunder, ”<

(b) in sub-regulation (2) thereof, for the words “comparable

Maltese employees” there shall be substituted the words

“comparable employees”< and

(c) in sub-regulation (3) thereof, in paragraph (g) thereof,

for the words “ at work>” there shall be substituted the words “at

work<” and immediately thereafter there shall be inserted new

paragraph (h) as follows>

“(h) the conditions of hiring out of workers, in

particular the supply of workers by temporary employment

undertakings>”.

Regulation 6 of the principal regulations shall be renumbered

as regulation 7 thereof and in the English text thereof after the word

“fine” there shall be added the word “(multa)”.

For regulation 5 of the principal regulations there shall be

substituted the following>

5. (1) It shall be the duty of the undertaking posting

“Notification

of posting a

the worker to Malta to notify the Director of the intention to

worker to

Malta.

post a worker to Malta prior to the date of posting of the

worker. This notification shall include>

(a) the name, date of birth and nationality of the

posted worker,

(b) the address in the country where the worker

habitually carries out his work,

(c) the dates of commencement and anticipated

termination of his posting in Malta, and the type of work

to be carried out,

(d) the address of the undertaking in Malta to

which the worker is to be posted,

(e) a copy of a document containing the

information which is to be provided to the employee

pursuant to regulations 3 and 4 of the Information to

Employees Regulations, 2002.

(L.N. 431 of 2002)

(2) A copy of the notification referred to in sub-

regulation (1) of this regulation, together with updated records

sufficient to show that the provisions of these regulations are

being complied with, shall be kept at the undertaking in Malta

making use of the services of the posted worker.

(3) When a posted employee alleges that he has

been treated in a manner which infringes any right conferred

on him by these regulations, such employee may submit a

written request to the employer to provide him with a written

statement in which shall be listed the reasons, if any, for any

difference in treatment and such statement shall be provided

by the employer within ten days from the date of the request.”.

Immediately after regulation 5 of the principal regulations Adds new

regulation 6 to the

there shall be added new regulation 6 as follows>-

principal

regulations.

6. (1) The Director responsible for employment and

“ Compliance

industrial

relations shall be responsible for the enforcement

of the provisions of these regulations and for liaising and co-

operating with the European Commission and the authorities

having corresponding responsibilities in other Member States

on issues relating to the application of EU Council Directive

96#71#EC.

(2) The co-operation with other authorities

referred to in sub-regulation (1) hereof shall include the

request for or the provision of information, as the case may

be, on the transnational hiring-out of workers.

(3) The Director shall facilitate access to

information on the terms and conditions of employment

referred to in regulations 4 and 5 of these regulations.

(4) Without prejudice to any other right regarding

the institution of proceedings in another state, a posted worker

shall have the right to institute proceedings in the courts of

Malta to safeguard any right granted to him by virtue of these

regulations.”.

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press