Transfer of Business (Protection of Employment)

L.N. 273 of 2018

EMPLOYMENT AND INDUSTRIAL RELATIONS ACT

(CAP. 452)

Transfer of Business (Protection of Employment)

(Amendment) Regulations, 2018

IN EXERCISE of the powers conferred by article 48(2) of the

Employment and Industrial Relations Act, the Minister responsible for

European Affairs and Equality has made the following regulations -

The title of these regulations is the Transfer of Business Title.

(Protection of Employment) (Amendment) Regulations, 2018 and

these regulations shall be read and construed as one with the Transfer S.L. 452.85

of Business (Protection of Employment) Regulations, hereinafter

referred to as "the principal regulations".

In sub-regulation (1) of regulation 2 of the principal Amends

regulation 2 of

regulations

the principal

regulations.

(a) in the definition "transfer", the words "and shall include a

service provision change in accordance with these regulations" shall

be deleted;

(b) in the definition "transferee", the words "which includes a

service provision change," shall be deleted;

(c) in the definition "transferor", the words "which includes a

service provision change," shall be deleted and for the words

"undertaking so transferred.", there shall be substituted the words

"undertaking so transferred;";

(d) immediately after the definition "transferor" as amended,

there shall be added the following new definition

" "undertaking" shall mean an entity engaged in economic

activities whether or not that activity is central or ancillary and

whether or not it is operating for gain.".

Sub-regulation (1) of regulation 3 of the principal Amends

regulation 3 of

regulations shall be substituted by the following

the principal

regulations.

"3. (1) Article 38 of the Act and these regulations shall

apply in the case of

(a)

a transfer of an undertaking, business, or part of

an undertaking or business to another employer as a result

of a legal transfer or merger;

(b)

a service provision change;

(c) 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 as long as

(i) the transferee is situated, or the

transferred undertaking, business, or part of an

undertaking or business remains within Malta;

(ii) the object of the transfer does not consist

exclusively of one or more seagoing ships

Provided that in the cases contemplated in paragraphs

(a) and (b) above, the undertaking, business or part of the

undertaking or business to be transferred is situated in

Malta

Provided further that in all the cases contemplated in

paragraphs (a), (b) and (c) above, there must be a transfer

only if the economic entity retains its identity, with the

objective of pursuing an economic activity.".

In the proviso to regulation 4 of the principal regulations,

for the words "whichever is the earlier.", there shall be substituted the

words "whichever is the earlier:" and immediately thereafter shall be

added the following new proviso

"Provided further that during any kind of negotiations

leading to a case of transfer of undertakings in terms of these

regulations, the conditions of employment of the employees

affected by the transfer shall remain unchanged.".

€0.18