Regulations, 2022

L.N. 267 of 2022

EMPLOYMENT AND INDUSTRIAL RELATIONS ACT

(CAP. 452)

Transparent and Predictable Working Conditions

Regulations, 2022

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

Employment and Industrial Relations Act, the Minister responsible for

Employment and Industrial Relations has made the following

regulations:-

The title of these regulations is the Transparent and

Predictable Working Conditions Regulations, 2022.

(1) The scope of these regulations is to transpose

Directive (EU) 2019/1152 of the European Parliament and of the

Council of 20 June 2019 on transparent and predictable working

conditions in the European Union.

(2) These regulations are to transpose minimum requirements

relating to working conditions applicable to every worker in the

European Union who has an employment contract or employment

relationship as defined by the law, collective agreements or practice in

force in each Member State with consideration to the case-law of the

Court of Justice.

(3) These regulations apply to seafarers and sea fishermen

without prejudice to Directives 2009/13/EC and Directive (EU) 2017/

159, respectively. The obligations set out in paragraphs (m) and (o) of

regulation 5(1), and in regulations 7, 12, 13 and 14 shall not apply to

seafarers or sea fishermen.

(4) The rights and obligations set out in these regulations shall

apply to all employment relationships by 1 August 2022

Provided that an employer shall provide or complement the

documents referred to in regulations 5(1) and 7 only upon the request

of a worker who is already employed on that date. The absence of such

a request shall not have the effect of excluding a worker from the

minimum rights established in regulations 11 to 15 and the provisions

of article 36 of the Act relating to the duration of any probationary

period.

In these regulations, unless the context otherwise requires

"Act" means the Employment and Industrial Relations Act; Cap. 452.

"Court of Justice" means the Court of Justice of the

European Union;

"Director", "employer", "outworker", "Tribunal", "whole-

time employee", and "worker" shall have the same meaning as

assigned to them in article 2 of the Act;

"reference hours and days" means time slots in specified

days during which work can take place at the request of the

employer;

"work pattern" means the form of organisation of the

working time and its distribution according to a certain pattern

determined by the employer;

"work schedule" means the schedule determining the hours

and days on which performance of work starts and ends;

"zero-hour contract" means a contract of employment or

other work arrangement under which a worker is required to be

available for work or services as and when needed by the

employer, and where the employer promises payment on the

basis of hours so worked without guaranteeing a minimum

number of hours to the worker.

The employer shall provide each worker with the Provision of

information required in pursuant to these regulations in writing. The information,

contract of

information shall be provided and transmitted on paper or, provided employment.

that the information is accessible to the worker, that it can be stored

and printed, and that the employer retains proof of transmission or

receipt, in electronic form.

(1) Employers are required to inform workers of the Obligation to

essential aspects of the employment relationship. These shall include provide

information.

at least the following

(a) the name, registration number and registered place of

business of the employer and a legally valid identification

document number, gender, and address of the employee and the

place of work

Provided that in the absence of a fixed place of work

it should be stated that the employee will be employed at various

places together with the registered place of business

Provided further that if there is no registered place of

business, the domicile of the employer is to be stated;

(b) the place of work. Where there is no fixed or main

place of work, the principle that the worker is employed at

various places or is free to determine his place of work, and the

registered place of business or, where appropriate, the domicile

of the employer;

(c) the title, grade, nature or category of work for which

the worker is employed;

(d)

brief specification or description of the work;

(e) the date of commencement of the employment

relationship;

(f) in the case of a fixed-term employment relationship,

the end date or the expected duration thereof;

(g) in the case of temporary agency workers, the identity

of the user undertakings, when and as soon as known;

(h)

the duration and conditions of the probationary

period;

(i)

the training entitlement provided by the employer, if

any;

(j) the amount of paid leave to which the worker is

entitled, including but not only, vacation leave, paternal leave,

parental leave, maternity leave, carer’s leave, urgent family

leave, bereavement leave, marriage leave, quarantine leave, jury

service leave, sick leave and injury leave, or, where this cannot

be indicated when the information is given, the procedures for

allocating and determining such leave;

(k) without prejudice to article 36 of the Act, the

procedure to be observed by the employer and the worker,

including the formal requirements and the notice periods, where

their employment relationship is terminated or, where the length

of the notice periods cannot be indicated when the information is

given, the method for determining such notice periods;

(l) without prejudice to Title I of Part III of the Act, and

every other legislation in force laying down the minimum

remuneration, overtime and special rates of pay, the

remuneration including the initial basic amount, any other

component elements, if applicable, indicated separately, the

frequency and method of payment of the remuneration to which

the worker is entitled and the conditions under which fines may

be imposed by the employer and their quantum;

(m) without prejudice to the Organisation of Working S.L. 452.87.

Time Regulations, and other more specific provisions relating to

the organisations of working time for certain occupations or

occupational activities, if the work pattern is entirely or mostly

predictable, the length of the worker’s standard working day or

week and any arrangements for overtime and its remuneration

and, where applicable, any arrangements for shift changes;

(n) if the work pattern is entirely or mostly unpredictable,

the employer shall inform the worker of

(i) the principle that the work schedule is variable,

the number of guaranteed paid hours and the remuneration

for work performed in addition to those guaranteed hours;

(ii) the reference hours and days within which the

worker may be required to work;

(iii) the minimum notice period to which the worker

is entitled before the start of a work assignment and, where

applicable, the deadline for cancellation of the work

assignment;

(o) any collective agreements governing the worker’s

conditions of work or in the case of collective agreements

concluded outside the business by special joint bodies or

institutions, the name of such bodies or institutions within which

the agreements were concluded;

(p) where it is the responsibility of the employer, the

identity of the social security institutions receiving the social

contributions attached to the employment relationship and any

protection relating to social security provided by the employer.

(q) any other relevant or applicable condition of

employment

Provided that where an employer engages a person under a

contract for service as an outworker for an undertaking, he shall

provide the employee with a signed statement showing

(a) the name, registration number and registered place of

business of the employer and a legally valid identification

document number and address of the employee; and

(b)

the rate to be paid for the work; and

(c)

any special conditions regulating the contract.

(2) The information referred to in sub-regulation 1(g) to (l) and

(o) may, where appropriate, be given in the form of a reference to the

laws, regulations and administrative or statutory provisions or

collective agreements governing that information.

(3) The obligation to provide information referred to in sub-

regulation (1) shall be without prejudice to the minimum conditions

laid down in any applicable laws, regulations and administrative or

statutory provisions.

Where not previously provided in the contract of

employment, the information referred to in paragraphs (a) to (e), (g),

(k), (l) and (m) of regulation 5(1) shall be provided individually to the

worker in the form of one (1) or more documents during a period

starting on the first working day and ending no later than the seventh

calendar day

Provided that the information aforementioned and the

contract of employment shall be provided during the period starting on

the first working day and ending no later than the seventh calendar

day

Provided further that the other information referred to in

regulation 5(1) shall be provided individually to the worker in the form

of a document within one (1) month of the first working day.

(1) In the case of a worker required to work in a country

other than Malta for a period exceeding four (4) consecutive weeks,

the documents referred to in regulation 6 shall be provided by the

employer to the worker, and be in the worker’s possession, before his

departure from Malta and shall include at least the following

additional information

(a) the country or countries in which the work abroad is

to be performed and its anticipated duration;

(b) the currency to be used for the payment of

remuneration;

(c) where applicable, the benefits in cash or in kind

relating to work assignments abroad; and

(d) information as to whether repatriation is provided for,

and if so, the conditions governing the worker’s repatriation.

(2) The information referred to in paragraph (b) of sub-

regulation (1) may, where appropriate, be given in the form of a

reference to a specific provisions of laws, regulations and

administrative or statutory acts or collective agreements governing that

information.

A copy of any written contract of employment or statement Copy of

contracts of

or letter of engagement shall be kept by the employer.

employment or

of declarations.

(1) Every employer shall keep a register or registers Records to be

kept by

indicating, in respect of each worker

employer.

(a) the name, address, gender, a legally valid

identification document number and date of birth of the worker;

(b)

the occupation of the worker;

(c)

the date of commencement of employment;

(d) the nature of the contract of employment namely

whether the contract is of an indefinite or of a fixed duration and

in the case of fixed term contracts of employment the date of

termination of such contract;

(e) the time, paid for at ordinary time rates, during which

the worker is employed;

(f) the time, paid for overtime or higher rates, during

which the worker is employed;

(g)

the periods of daily and weekly rest accorded to the

worker;

(h)

the periods of leave accorded to the worker;

(i)

the total wages paid to the worker each week; and

(j) any change or update in the conditions of the

worker’s occupational status.

(2) In the case of workers who are outworkers, or whose wages

consist of a share in the profits or of a commission on sales or

payments made or received by the employer, employers or the persons

giving out work to the outworker, as the case may be, shall keep a

register or registers showing

(a) the name, address, gender, a legally

valid

identification document number and date of birth;

(b)

the date of commencement of the agreement;

(c)

the nature of the work;

(d)

the rate of wages;

(e)

the total amount of wages paid to the worker;

(f) the place or places where the worker ordinarily works

if such place is not under the control and management of the

employer; and

(g) the hours of work and daily and weekly rest awarded

to the workers in so far as the employer is by law required to

observe any such conditions of employment.

(3) It shall be the duty of the employer to furnish the Director

with any information which the Director may request in connection

with the conditions of employment of the workers including but not

limited to

(a) the name, gender, a legally valid identification

document number and address;

(b)

the occupation;

(c)

the date of birth;

(d)

the wages paid;

(e)

the hours of work;

(f)

the date of engagement;

(g) a copy of the registers or part thereof, kept in

accordance with the provisions of these regulations; and

(h) any other information which the Director may request

in connection with the conditions of employment of the workers.

No condition of employment can be modified or amended

after the commencement of employment, unless such modification or

amendment is a result of a change in laws, regulations or a collective

agreement regulating the place of work or, without prejudice to the

generality of the foregoing, a result of the application of the proviso to

article 42 of the Act.

(1) Zero-hour contracts shall be prohibited save for each Complementary

measures for on-

of the following exemptions

demand

contracts.

(a) where the nature of the activity concerned requires

the availability of replacement workers on short notice; and as

long as the zero-hour contract is not the whole-time employment

of the worker;

(b) where the worker is a full-time student, subject to any

applicable laws, regulations and administrative or statutory

provisions. In any such case, where a person is a full-time

student, and is at the same time a whole-time worker, the status

of a whole-time worker shall prevail.

(2) The burden of proving the subsistence of any of the

material facts mentioned in this regulation shall lie with the employer.

(1) An employer may not prohibit a worker from taking Parallel

up employment with other employers, outside the work schedule employment.

established with that employer, nor subject a worker to adverse

treatment for doing so.

(2) Notwithstanding the provisions of sub-regulation (1), an

employer may prohibit a worker from taking up employment with

other employers on the basis of objective grounds, such as health and

safety, the protection of business confidentiality, the integrity of the

public service or the avoidance of conflicts of interest.

(1) Where a worker’s work pattern is entirely or mostly Minimum

unpredictable the worker shall not be required to work by the employer predictability

work.

unless both of the following conditions are fulfilled

(a) the work takes place within predetermined reference

hours and days as referred to in regulation 5(1)(n)(ii); and

(b) the worker is informed by his employer of a work

assignment within a reasonable notice period as referred to in

regulation 5(1)(n)(iii)

Provided that a reasonable notice period shall be not

less than

(i) thirty (30) days for a work assignment having a

duration of six (6) weeks or more;

(ii) fifteen (15) days for a work assignment having

a duration of more than two (2) weeks and up to five (5)

weeks;

(iii) seven (7) days for a work assignment having a

duration of more than one (1) week and up to two (2)

weeks;

(iv) three (3) days for an assignment having a

duration of between five (5) and seven (7) days; and

(v) one (1) day for an assignment having a duration

of less than five (5) days.

(2) Where one or both of the requirements laid down in sub-

regulation (1) is not fulfilled, a worker shall have the right to refuse a

work assignment without adverse consequences.

(1) A worker with at least six (6) months service with the

same employer, who has completed his probationary period, if any,

may request his employer a form of employment with more

predictable and secure working conditions where available and receive

a reasoned written reply.

(2) The employer shall provide the reasoned written reply

referred to in sub-regulation (1) within one (1) month of the request

Provided that with respect to natural persons acting as

employers and micro, small, or medium enterprises, the deadline for

the provision of the reasoned written reply shall be no more than three

(3) months of the request and an oral reply may be provided to a

subsequent similar request submitted by the same worker if the

justification for the reply as regards the situation of the worker remains

unchanged.

Where an employer is required by European Union law,

national law or by collective agreements to provide training to a

worker to carry out the work for which he is employed, such training

shall be provided to the worker free of cost, shall count as working

time, and where possible, shall take place during working hours.

(1) Where a worker has not received in due time all or

part of the relevant information according to regulations 5 or 7, the

worker shall have the possibility to submit a complaint to the Director

who shall investigate the matter and order the employer to provide the

worker with the missing information.

(2) In any such case the employer in breach of the worker’s

right referred to in sub-regulation (1) shall be liable to a fine (multa) as

stipulated in regulation 19.

(1) Each worker, including those whose employment Right to redress

relationship has ended, shall have a right to dispute resolution and a and

against adverse

right to redress in the case of infringements of their rights arising from treatment

consequences.

these regulations by lodging a complaint to the competent authorities.

(2) It shall be unlawful to victimise, to subject any worker, or

any workers’ representative to any adverse treatment or for any

worker, or any workers’ representative to suffer any adverse

consequences resulting from a complaint lodged with the employer or

resulting from any proceedings initiated with the aim of enforcing

compliance with the rights provided for in these regulations.

(1) A worker who is dismissed shall be regarded for the Protection from

purposes of these regulations as having been unfairly dismissed if the dismissal

burden of proof.

reason for the dismissal of the worker is that the worker refused or

proposed to refuse to comply with a requirement which the employer

imposed or proposed to impose, in contravention of these regulations,

or refused or proposed to refuse to forgo a right conferred on him or

her by these regulations, or in any other manner, exercised his rights

provided for in these regulations.

(2) Workers who consider that they have been dismissed, or

have been subject to measures with equivalent effect, on the grounds

that they have exercised the rights provided for in these regulations,

may request the employer to provide duly substantiated grounds for

the dismissal or the equivalent measures. The employer shall provide

those grounds in writing.

(3) When a worker establishes before the Tribunal facts from

which it may be presumed that there has been such a dismissal or an

equivalent measure, it shall be for the employer to prove that the

dismissal was based on grounds other than those referred to in sub-

regulation (1).

(4) In cases referred to in sub-regulations (1) and (2), a worker

may present a complaint to the Tribunal set up in terms of Part III of

Title II of the Act.

Any person contravening any provision of these regulations Offences.

shall be guilty of an offence and shall, on conviction, be liable to a fine

(multa) of not less than four hundred and fifty euro (€450).

(1) These regulations shall be applicable without More favourable

prejudice to the introduction and implementation of provisions in provisions.

collective agreements or any other agreement entered into between

employers and workers which are more favourable to the protection of

workers.

(2) These regulations are without prejudice to any other rights

conferred on workers by other legal acts of the European Union.

(1) The Information to Employees Regulations are

hereby repealed.

(2) The revocation of the regulations referred to in sub-

regulation (1) shall be without prejudice to the validity of anything

done or omitted to be done thereunder.

(3) These regulations supersede any less favourable relevant

provisions in any regulations, orders or other subsidiary legislation

made under or kept in force under the Act and in case of any

inconsistency between such legislation and these regulations, these

regulations shall prevail.

€0.99