Posting of Workers in Malta (Amendment) Regulations, 2021

L.N. 232 of 2021

EMPLOYMENT AND INDUSTRIAL RELATIONS ACT

(CAP. 452)

Posting of Workers in Malta (Amendment) Regulations, 2021

IN EXERCISE of the powers conferred by article 48 of the

Employment and Industrial Relations Act, the Minister within the

Office of the Prime Minister as Minister responsible for employment

and industrial relations, has made the following regulations:-

The title of these regulations is Posting of Workers in Malta Citation.

(Amendment) Regulations, 2021 and they shall be read and construed S.L. 452.82.

as one with the Posting of Workers in Malta Regulations, hereinafter

referred to as "the principal regulations".

Regulation 2 of the principal regulations shall be amended Amends

regulation 2 of

as follows

the principal

regulations.

(a) the definition "foreign service provider" shall be

substituted by the following

" "sending party" means a service provider which is

established in a different Member State other than Malta;"

and any reference to the words "foreign service provider"

therein shall be substituted by the words "sending party";

(b) the definition "posted employee" shall be substituted

by the following

" "posted worker" means a worker who, for a limited

period, carries out his work in the territory of a Member

State other than the State in which he normally works"; and

any reference to the words "posted employee" therein shall

be substituted by the words "posted worker".

Regulation 10 of the principal regulations shall be Amends

regulation 10 of

substituted as follows

the principal

regulations.

"10. In any civil proceedings instituted by the posted

worker where there is a subcontracting chain, when the direct

subcontractor is the employer of a posted worker, the contractor

and the direct subcontractor are jointly and severally liable to the

posted worker with respect to the set of rights granted by

regulation 5

Provided that the liability shall be limited to the

posted worker’s rights acquired under the contractual

relationship between the contractor and direct subcontractor.".

Paragaph (a) of regulation 12 of the principal regulations

Amends

regulation 12 of

shall be substituted with the following

the principal

regulations.

"(a) having failed to pay the posted worker in terms of

regulation 5(1)(c);".

€0.18