Posting of Workers in Malta (Amendment) Regulations, 2011

L.N. 205 of 2011

EMPLOYMENT AND INDUSTRIAL RELATIONS ACT

(CAP. 452)

Posting of Workers in Malta (Amendment) Regulations, 2011

IN exercise of the powers conferred by articles 31 and 48

(2) of the Employment and Industrial Relations Act, the Prime

Minister has made the following regulations –

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

in Malta (Amendment) Regulations, 2011, and they shall be

read and construed as one with the Posting of Workers in Malta

Regulations, 2002, hereinafter referred to as “the principal L.N. 430 of 2002.

regulations”.

In regulation 2 of the principal regulations;

(a) for the definition “foreign undertaking” there shall

be substituted the following

“ “foreign undertaking” means an undertaking

which is established in a Member State other than

Malta;”; and

(b) for the definition “Member State” there shall be

substituted the following;

“ “Member State” means a Member State of the

European Union or of the European Economic Area

and the European Free Trade Area;”.

In regulation 4 of the principal regulations

(a) in sub-regulation (1) thereof, for the words “who

are authorised to work in Malta” there shall be substituted

the words “who have notified their intention to work in

Malta”, and for the words “or any other legislation or by

virtue of a collective agreement regulating the class of

employment of the posted employee in the same place of

work”, there shall be substituted the words “or by virtue of

any other legislation regulating the class of employment of

the posted employee in the same place of work”.

(b) in sub-regulation (3) thereof, for the words

“include:” there shall be substituted the words “consist of:”;

(c) immediately after subregulation (4) thereof, there

shall be added the following new sub-regulation

“(5) Undertakings established in a non-Member

State shall not be given more favourable treatment than

undertakings established in a Member State.”.

Subregulation (1) of regulation 5 of the principal

regulations shall be amended as follows

(a) in paragraph (c) thereof, for the words “to be

carried out,” there shall be substituted the words “to be

carried out, and”;

(b) in paragraph (d) thereof, for the words “to be

posted,” there shall be substituted the words “to be posted.”;

(c) paragraph (e) thereof shall be deleted.

€0.18