MT
Regulations, 2017
Statutory Text (3 Articles)
L.N. 285 of 2017
EMPLOYMENT AND INDUSTRIAL RELATIONS ACT
(CAP. 452)
Transfer of Business (Protection of Employment) (Amendment)
Regulations, 2017
IN exercise of the powers conferred by articles 38 and 48 (2) of
the Employment and Industrial Relations Act, the Minister for
European Affairs and Equality, has made the following regulations
(1) The title of these regulations is the Transfer of Citation and
Business (Protection of Employment) (Amendment) Regulations, commencement.
2017 and these regulations shall be read and construed as one with the SL 452.85
Transfer of Business (Protection of Employment) Regulations,
hereinafter referred to as "the principal regulations".
(2) These regulations shall come into force on the 10 th
October, 2017.
(3) These regulations transpose part of Directive (EU) 2015/
1794 of the European Parliament and of the Council of 6 October
2015.
Regulation 3 of the principal regulations shall be amended Amends
regulation 3 of
as follows
the principal
regulations.
(a) in paragraph (d) of sub-regulation (1) thereof the
words "situated in Malta." shall be substituted by the words
"situated in Malta;" and immediately thereafter there shall be
added the following new paragraph
"(e) to a transfer of a seagoing ship that is part of a
transfer of an undertaking, business or part of an
undertaking or business within the meaning of this
regulation: Provided that the transferee is situated, or the
transferred undertaking, business, or part of an undertaking
or business remains within Malta
Provided further that article 38 of the Act and
these regulations shall not apply where the object of the
transfer consists exclusively of one or more seagoing
ships.";
(b) sub-regulation (2) thereof shall substituted by the
following
"(2) Article 38 of the Act and these regulations shall
not apply to an administrative reorganisation of public
administrative authorities, or the transfer of administrative
functions between public administrative authorities.".
€0.18