Regulations, 2007

L.N. 338 of 2007

EMPLOYMENT AND INDUSTRIAL RELATIONS ACT

(CAP. 452)

Equal Treatment in Employment (Amendment) (No. 2)

Regulations, 2007

IN exercise of the powers conferred by articles 31 and 48 (2) 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 Equal Treatment in Title.

Employment (Amendment) (No. 2) Regulations, 2007 and they shall

be read and construed as one with the Equal Treatment in Employment

Regulations, 2004, hereinafter referred to as “the principal regulations”. L.N. 461 of 2004.

Regulation 1 of the principal regulations shall be amended as Amends

1 of the principal

follows>

regulations.

(a) for sub-regulation (2) thereof there shall be substituted

the following>

“(2) These regulations give effect to the relevant

provisions of Council Directives 76#207#EEC, 2000#78#EC,

2000#43#EC, 2002#73#EC and 2006#54#EC.”< and

(b) in sub-regulation (3), after the word “age,” there shall

be inserted the word “sex,”.

Regulation 2 of the principal regulations shall be amended as Amends

2 of the principal

follows>

regulations.

(a) in the definition “discriminatory treatment” the words

“and includes harassment” shall be replaced by the following>

“and includes>

“(a) harassment and sexual harassment, as well

as any less favourable treatment based on a person’s

rejection of or submission to such conduct<

(b) instruction to discriminate against persons on

grounds of sex<

(c) any less favourable treatment of a woman

related to pregnancy or maternity leave within the

meaning of Directive 92#85#EEC”< and

(b) immediately after the definition “employment agency”

there shall be inserted the following new definition>

“ “pay” means the ordinary basic salary and any other

consideration, whether in cash or in kind, which the worker

receives directly or indirectly, in respect of his or her

employment from his or her employer<”.

Regulation 3 of the principal regulations shall be amended as

(a) in sub-regulation (1), after the word “age”, there shall

be inserted the words “sex, including discriminatory treatment

related to pregnancy or maternity leave as referred to in the

Protection of Maternity (Employment) Regulations, 2003,”<

(b) in sub-regulation (2)(b), after the word “age”, there shall

be inserted the word “sex,”<

(c) in sub-regulation (3)(a), the words “so subjected, or”

shall be substituted with the words “so subjected, and”<

(d) in sub-regulation (3), for the words “so subjected< and

for the purposes of these regulations, harassment shall be deemed

to be a form of discriminatory treatment.”, there shall be substituted

the words “so subjected.”< and

(e) immediately after sub-regulation (4) a new sub-

regulation shall be inserted as follows>

“(5) No person shall sexually harass another person

by subjecting him to any form of unwanted verbal, non-verbal

or physical conduct or request of a sexual nature, when such

conduct or request takes place with the purpose, or which has

the effect of violating the dignity of the person who is so

subjected, in particular when creating an intimidating, hostile,

degrading, humiliating or offensive environment for the

person who is so subjected.”.

Immediately after regulation 3 of the principal regulations,

there shall be inserted a new regulation as follows>

3A. (1) It shall be the duty of the employer to ensure

that

for

the same work or for work to which equal value is

discrimination

attributed, there shall be no direct and indirect discrimination

on grounds of sex with regard to all aspects and conditions

of remuneration.

(2) The employer shall ensure, in particular, that

where a job classification system is used for determining pay,

it shall be based on the same criteria for both men and women

and so drawn up as to exclude any discrimination on grounds

of sex.”.

Regulation 4 of the principal regulations shall be amended as Amends regulation

4 of the principal

regulations.

(a) in sub-regulation (1) the words “any of the grounds

mentioned in regulation 1(3)” shall be substituted with the words

“grounds of religion or religious belief, disability, age, sexual

orientation, and racial or ethnic origin”< and

(b) immediately after sub-regulation (3) there shall be

inserted a new sub-regulation as follows>

“(4) With regards to access to employment, including

the training leading thereto, a difference of treatment which

is based on a characteristic related to sex shall not constitute

discrimination where, by reason of the nature of the particular

occupational activities concerned or of the context in which

they are carried out, such a characteristic constitutes a genuine

and determining occupational requirement, provided that its

objective is legitimate and the requirement is proportionate.”.

Regulation 6 of the principal regulations shall be amended as Amends regulation

6 of principal

regulations.

(a) in sub-regulation (1) thereof, the words “any of the

grounds referred to in regulation 1(3)” shall be substituted with

the words “grounds of religion or religious belief, disability, age,

sexual orientation, and racial or ethnic origin”< and

(b) immediately after sub-regulation (2) there shall be

inserted a new sub-regulation as follows>

“(3) Nothing in these regulations shall render unlawful

any act done in connection with maintaining or adopting

measures providing for specific advantages in order to make

it easier for the under-represented sex to pursue a vocational

activity or to prevent or compensate for disadvantages in

professional careers with a view to ensuring full equality in

practice between men and women in working life.”.

In regulation 10 of the principal regulations, immediately after

sub-regulation (3) there shall be inserted a new sub-regulation as follows>

“(4) Sub-regulation (3) hereof shall, insofar as

discrimination based on sex is concerned, also apply to

situations covered by the Protection of Maternity

(Employment) Regulations, 2003, the Parental Leave

Entitlement Regulations, 2003 and the Urgent Family

Leave Regulations, 2003.”.

Immediately after regulation 12 of the principal regulations,

there shall be inserted a new regulation 12A as follows>

12A> It shall be the duty of the employer to take

effective

measures to prevent all forms of discrimination on

grounds of sex, in particular harassment and sexual harassment

in the workplace, in access to employment, vocational training

and promotion.”.

In regulation 13 of the principal regulations, immediately

after the words “treatment in” there shall be inserted the words “any

Immediately after regulation 14 of the principal regulations,

there shall be inserted a new regulation 15 as follows>

Il-prinçipal g[andu l-obbligu li jie[u mi]uri

“Prevenzjoni

ta’ diskrimi-

effettivi

sabiex jimpedixxi kull forma ta’ diskriminazzjoni

nazzjoni fuq

ba]i ta’ sess. fuq ba]i ta’ sess, partikolarment il-fastidju u l-fastidju sesswali

fuq il-post tax-xog[ol, fl-aççess g[al xi impjieg, fit-ta[ri;

vokazzjonali u fil-promozzjoni ta’ dan.”.

10. F’regolament 13 tar-regolamenti prinçipali, wara l-kliem

“trattament ugwali” g[andhom jid[lu l-kliem “f’xi li;i,”.

11. Minnufih wara r-regolament 14 tar-regolamenti prinçipali,

g[andu ji]died dan ir-regolament ;did li ;ej>

“Rabta ma’ li;ijiet

These regulations shall be without prejudice

“Link to other laws.

to the Protection of Maternity (Employment) Regulation,

and by Parental Leave Entitlement Regulations, 2003

and the Urgent Family Leave Regulations, 2003.”.

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

Lm0.16 (€0.37)