Council Wage Regulation Order, 2022

L.N. 268 of 2022

EMPLOYMENT AND INDUSTRIAL RELATIONS ACT

(CAP. 452)

Digital Platform Delivery Wages

Council Wage Regulation Order, 2022

IN EXERCISE of the powers conferred by article 48 of the

Employment and Industrial Relations Act, the Minister responsible for

employment and industrial relations, has made the following

regulations:-

(1) The title of this order is the Digital Platform Delivery Citation, scope

and

Wages Council Wage Regulation Order, 2022.

commencement.

(2) The scope of this order is to ensure that persons engaged to

provide paid services consisting of the delivery of any consumer

product, gain access to labour and social protection rights by ensuring

the correct determination of their employment status, by promoting

transparency, fairness and accountability in algorithmic management

in respect thereof and by enhancing transparency, traceability and

awareness of developments in relation to said activity.

(3) This order shall come into force within three (3) months of

its publication in the Gazette.

(1)

In this order, unless the context otherwise requires

Interpretation.

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

"algorithmic management" means the use by digital labour

platforms of any automated systems, including automated

monitoring systems and automated decision-making systems, in

any manner whatsoever to match supply and demand for work,

as well as to assign tasks, and monitor, evaluate and take

decisions for the platform workers;

"digital labour platform" means any natural or legal person

providing a commercial service enabling the delivery of any

product and which meets all of the following requirements

(a) it is provided, at least partially, at a distance

through electronic means, such as a website or a mobile

application;

(b)

it is provided at the request of a recipient of the

service; and

(c) it involves, as a necessary and essential

component, the organisation of work performed by persons,

including but not limited to food couriers, through the use

of vehicle transportation

Provided that it excludes providers of a service whose

primary purpose is to exploit or share assets but shall be limited

to providers of a service for which the organisation of work

performed by the person does not only constitute a minor and

purely ancillary component;

"digital platform work" means any work organized through

a digital labour platform and performed in Malta by a person on

the basis of a contractual relationship between the digital labour

platform and the person, or on the basis of a contractual

relationship between the work agency and the person who is

assigned to or placed at the disposal of any digital labour

platform or multiple digital labour platforms by the work agency,

in each case irrespective of whether a contractual relationship

exists between the person and the recipient of the service;

"employer" shall have the same meaning as that assigned to

it by the Act and includes, for the purpose of this order, digital

labour platforms and work agencies, unless otherwise expressly

provided or the context otherwise requires;

"General Data Protection Regulation" means Regulation

(EU) 2016/679 of the European Parliament and of the Council of

27 April 2016 on the protection of natural persons with regard to

the processing of personal data and on the free movement of

such data, and repealing Directive 95/46/EC as implemented by

the Data Protection Act;

"micro, small or medium-sized enterprises" means micro,

small and medium-sized enterprises as defined in the Annex to

Commission Recommendation 2003/361/EC of 6 May 2003

concerning the definition of micro, small and medium-sized

enterprises;

"official representative" means any lawyer representing a

person performing digital platform work, a trade union

representative, or any information and consultation

representative appointed in accordance with the Employee

(Information and Consultation) Regulations;

"on a regular or on an irregular basis" means, in terms of

hours of work, whether often and, or in a consistent manner or

not often and, or in an inconsistent manner;

"person performing digital platform work" means any

person performing digital platform work, irrespective of the

contractual designation of the relationship between that person

and the digital labour platform or the work agency by the parties

involved;

"platform worker" means

(a) any person performing digital platform work

and who has entered into a contract of employment or an

employment relationship or any other form of arrangement

irrespective of the contractual designation with any digital

labour platform or multiple digital labour platforms and

who is engaged, whether on a regular or on an irregular

basis, to provide services consisting of the delivery of any

product; and

(b) any person performing digital platform work

and who has entered into a contract of employment or an

employment relationship or any other form of arrangement

irrespective of the contractual designation with a work

agency and who is assigned to, or placed at the disposal of,

whether on a regular or on an irregular basis, any digital

labour platform or multiple digital labour platforms to

provide services consisting in the delivery of any product;

"time-and-a-half" and "double-time" mean respectively one

and a half times and twice the actual time rate applicable to the

platform worker;

"work agency" means any natural or legal person who

enters into contracts of employment, employment relationships

or any other form of arrangement irrespective of the contractual

designation, with platform workers and who assigns them to, or

places them at the disposal of, whether on a regular or on an

irregular basis, any digital labour platform or multiple digital

labour platforms, to provide services consisting in the delivery of

any product, whether the said activity is the main activity or an

ancillary activity of the work agency or otherwise

(2) Without prejudice to the provisions of sub-article (1), terms

and expressions used in this order shall, unless the context otherwise

requires, and which are not defined herein, have the meaning assigned

to them in the Act.

(1)

This order applies to

(a) persons who have entered into a contract of

employment or an employment relationship, whether on an

indefinite, whole-time, part-time or a fixed term basis, or any

other form of arrangement irrespective of the contractual

designation, with a work agency, and who are assigned to or

placed at the disposal of, whether on a regular or on an irregular

basis, a digital labour platform or multiple digital labour

platforms, whether concurrently or successively, to provide

services consisting of the delivery of any product;

(b) persons who have entered into a contract of

employment or an employment relationship, whether on an

indefinite, whole-time, part-time or a fixed term basis, or any

other form of arrangement irrespective of the contractual

designation, with any digital labour platform or multiple digital

labour platforms, who are engaged, whether on a regular or on an

irregular basis, to provide services consisting of the delivery of

any product;

(c) persons who have entered into a contractual

relationship which is declared as on self-employed basis with a

digital labour platform or a work agency that controls directly or

indirectly the performance of work and who are, by virtue of

article 4(1), presumed to be in an employment relationship;

(d) public and private undertakings engaged in economic

activities, if they are operating for gain or otherwise, which are

work agencies or which perform the same functions as work

agencies, whether as a main or as an ancillary function or which

are digital labour platforms.

(1) When considering the employment status of a person

performing digital platform work, it shall be presumed that there is an

employment relationship and that the digital labour platform for whom

the platform work is provided, or the work agency who assigns such

person to or places him at the disposal of any digital labour platform,

as the case may be, is the employer and that the provisions of the Act

and of the regulations or orders issued thereunder apply to that

relationship.

(2) Any declaration made by any person in relation to his own

or to another person’s employment status shall be considered to be null

and void if its consequences are in any way in conflict with the

provisions of this order.

(3)

Where the digital labour platform or the work agency, as

the case may be, claims that the contractual relationship with the

person performing digital platform work is not an employment

relationship in accordance with sub-article (1), the burden of proof

shall be on the digital labour platform or the work agency, as the case

may be, when declaring that there is no such employment relationship

by proving that it does not control directly or indirectly the

performance of the digital platform work because it does not fulfil at

least four (4) of the following criteria in relation to the person

performing the platform work

(a) the effective determination of, or stipulating the

maximum limits for the level of remuneration;

(b) the requirement that the person performing digital

platform work respects specific binding rules with regard to

appearance and conduct towards the recipient of the service or

performance of the work;

(c) the supervision of the performance of the work or the

verification of the quality of the results of the work, including by

electronic means;

(d) the effective restriction of the freedom, including

through sanctions, to organise one’s work, in particular the

discretion to choose one’s working hours or periods of absence,

to accept or to refuse tasks or to use sub-contractors or

substitutes;

(e) the effective restriction of the possibility to build a

client base or to perform work for any third party

Provided that, any proceedings relating to such claim shall

not have a suspensive effect on the application of the legal

presumption.

(4) Where the person performing digital platform work claims

that the contractual relationship with the digital labour platform or the

work agency, as the case may be, is not an employment relationship in

accordance with sub-article (1), the digital labour platform or the work

agency, as the case may be, shall be required to assist the proper

resolution of the proceedings, primarily by providing all relevant

information held by it. The determination of the existence or otherwise

of such an employment relationship shall be established by the person

performing digital platform work by the application of the criteria

mentioned in sub-article (3)

Provided that, any such proceedings relating to such claim

shall not have a suspensive effect on the application of the legal

presumption.

(5) Any claims made either by the digital labour platform, or

the work agency, as the case may be, or by the person performing

digital platform work in accordance with sub-articles (3) and (4)

respectively shall be made to the Director General responsible for

Employment and Industrial Relations who shall proceed to investigate

such claims and, based on the verification of the facts, establish

whether an employment relationship exists or otherwise, whereupon

the legal presumption shall apply or otherwise. This shall be without

prejudice to the authority of the Director General responsible for

Employment and Industrial Relations to enforce the provisions of sub-

article (1) independently of any claim lodged by the digital labour

platform, or the work agency, as the case may be, or by the person

performing digital platform work.

(6) Notwithstanding any provision in any law or in any

collective agreement or individual contract, if a person performing

platform work had been performing digital platform work on a self-

employed basis with any person prior to the date of entry into force of

this order, and whose relationship by virtue of article 4(1) is deemed to

be an employment relationship, any penalty clause laid down in the

previous contract for service in relation to events occurring before the

coming into force of this order, shall on the entry into force of this

order, be null and void unless and until it is authorized by the Director

General responsible for Employment and Industrial Relations in

accordance with the provisions of the Act

Provided that this does not in any way waive any right to

institute civil procedures for damages which may be available to either

party to the contract for service.

(1) A person who was considered to be performing

services as a self-employed person for another person, whether prior

to, or at any time following the date of the entry into force of this

order, and is subsequently found to be an employee in accordance with

article 4 shall be considered to have been engaged as an employee of

the relevant digital labour platform for whom he was providing digital

platform work or the work agency, as the case may be.

(2) The date of engagement referred to in sub-article (1) shall

be considered to be the date of the entry into force of this order

Provided that for the purpose of this sub-article, the

probationary period shall be considered to have commenced on the

date of the initial continuous provision of services by the platform

worker with the relevant digital labour platform or work agency, as the

case may be, and the seniority and any notice due in case of any

eventual redundancy shall also be computed accordingly

Provided further that for the purpose of this sub-article the

term "continuous provision of services" shall include those contracts,

whether on a self-employed or employment basis, when the work

performed was essentially the same and where the period between a

contract and another does not exceed a period of six (6) months and the

periods in between shall be taken into account.

(3) The employment referred to in sub-articles (1) and (2) shall

be deemed to be indefinite and whole-time on the same basis as the

hours of work of a comparable whole-time employee or, in the absence

of a comparable whole-time employee, on a forty-hour (40) normal

working week, unless in relation to the duration and hours of work, it

is not specified otherwise in writing in accordance with article 15.

(4) For the avoidance of any doubt, for the purposes of this

order, any employment relationship arising after the entry into force of

this order may be entered into for an indefinite or a definite period and,

or either on a whole-time or part-time basis

Provided that no whole-time employment shall be entered

into where the platform worker is already in whole-time employment

with another employer.

(1) In accordance with this order, the employer shall be Conditions of

employment and

obliged to grant platform workers, in respect of all hours of work

part-timers.

(a)

with respect to wages

(i) the same wages paid to a comparable employee

employed by the same employer, which in no event shall be

less than the applicable national minimum wage; or

(ii) when there is no such comparable employee,

the pay shall not be less than the applicable national

minimum wage

Provided that if there is disagreement as to the payable

wage and the platform worker terminates his employment, the

provisions laid down in article 15(2) shall apply;

(b) with respect to other conditions of employment, the

same conditions of employment, including but not limited to

statutory bonuses, income supplements and general increase in

wages granted by the Government to all employees, as those

enjoyed by a comparable employee, which in no event shall be

less than the minimum conditions of employment in accordance

with the Act and the regulations or orders made thereunder or,

where there is no such comparable employee, to the applicable

minimum conditions of employment in accordance with the Act

and the regulations or orders made thereunder, unless otherwise

specifically referred to in this order;

(c) the conditions of employment and other entitlements

referred to in this order.

(2) In the case that it is specified in writing in accordance with

article 15 in relation to the hours of work that the platform worker

shall be required to work less than the forty-hour (40) normal working

week, the platform worker shall in such event be entitled to the

conditions of employment, including the conditions provided for in

this order, on a pro rata basis.

(3) During their hours of work, platform workers shall not be

entitled to refuse to perform delivery of any product as reasonably

assigned to them, unless there is an objective ground.

(1) The employer shall be responsible to provide, at his

expense, appropriate vehicles that are properly equipped and

maintained in good running order for use by the platform workers to

provide the platform work. Said vehicles may include electric

motorcycles, electric motorbikes and electric bicycles, but shall

exclude electric or any other kick scooters.

(2) All costs associated with the use of the vehicles as provided

in sub-article (1) including insurance, licence fees and fuel shall be the

responsibility of the employer.

(3) The employer shall further be responsible to provide at his

expense, to the platform workers all equipment, material and tools that

the platform workers may require in relation to the provision of the

platform work, as well as any uniforms and any other wearing apparel,

including safety helmets, that the platform workers may be required to

wear, in relation to the provision of the platform work. No platform

worker shall be required to pay any fee, deposit or anything similar in

relation to the provision of the said equipment, material, tools,

uniforms or any other wearing apparel.

(4) The platform workers shall be responsible for the

safekeeping of the vehicles and equipment provided to them by their

employer in relation to the platform work as referred to in sub-articles

(1) and (3).

(5) The employer shall also be responsible to provide, at his

expense, to the platform workers a mobile phone and internet services

for use by the platform workers for the purpose of their duties, unless

it is otherwise agreed by the employer and the respective platform

worker that the employer should cover, or grant an adequate allowance

to cover, the costs incurred by and charged in the name of the platform

worker for the use of mobile telephony services, whether through

messages or calls, the cost of the mobile phone and internet services,

used by the platform worker for the purpose of his duties.

Overtime rates shall be payable to all whole-time platform Minimum

overtime rates.

workers as follows

(a) for all time worked in excess of forty (40) hours in

any one week...............................time-and-a-half;

(b) for all time worked on any pre-determined day of

rest................................................double time.

(1) Whole-time platform workers shall in every calendar Sick Leave.

year be entitled to sick leave, of at least the equivalent of two (2)

working weeks on full pay, less an amount equal to the sum set for

sickness benefit entitlement at the rate established under the Social Cap. 318.

Security Act, and part-time platform workers shall have a pro rata

entitlement to sick leave in hours on full pay, less an amount equal to

the sum set for sickness benefit entitlement at the rate established

under the Social Security Act, which amount is also to be calculated on

a pro rata basis

Provided that

(a) the first three (3) days of any claim for sick leave

shall be paid in full by the employer;

(b) a medical certificate covering the period of absence

shall be provided to the employer on the day of return to work or,

if said period of absence is longer than seven (7) days, within

seven (7) days of the onset of sick leave absence.

(2) Whole-time platform workers employed for less than one

year shall be entitled to paid sick leave in proportion to the number of

months in employment.

(3) The employer shall have the right to request a medical

certificate by a physician sent by him to certify incapacity for work

during the period of absence.

(4) The sick leave entitlement granted in accordance with this

article shall be calculated on the basis provided for annual leave as

specified in regulation 8(1) of the Organisation of Working Time

Regulations.

(1) Every platform worker shall on employment, be

entitled to be granted by his employer

(a)

one (1) working day of bereavement leave;

(b)

two (2) working days marriage leave;

(c)

up to one (1) year of injury leave;

(d)

jury service leave for as long as necessary;

(e) quarantine leave for any period of quarantine as may

be determined by the Superintendent of Public Health or by any

other public authority.

(2) An employer shall have the right to request documentation

from a platform worker

(a) indicating when the events referred to in paragraphs

(b) and (d) in the previous sub-article are scheduled to occur;

(b) indicating that the event referred to in paragraph (c)

in the previous sub-article has actually occurred; and

(c) on return to work, indicating that the events referred

to in paragraphs (a), (b), (d) and (e) in the previous sub-article

have actually taken place.

(3) The entitlement to bereavement leave and marriage leave

shall be availed of on the next working day after the occurrence of

the relevant event, unless otherwise requested by the platform

worker, who may request a postponement of up to two weeks after

the event in compelling circumstances linked to the same event. In

such cases the employer shall grant the platform worker the

postponement as requested.

Notwithstanding any provisions of any other legislation,

when a platform worker provides work on a national holiday or any

other public holiday in accordance with the National Holidays and

Other Public Holidays Act, the remuneration for such work shall be at

the normal rate

Provided that the platform worker shall in such event be

entitled to an additional number of hours so worked of vacation leave

during that same calendar year in respect of each such national or other

public holiday.

Notwithstanding any other provision of this order, the basic Equal treatment.

working and employment conditions of platform workers engaged by a

work agency shall, for the duration of the time in which the platform

workers are assigned to or placed at the disposal of any one or multiple

digital labour platforms to provide services consisting of the delivery

of any product, be at least those that would apply if they had been

recruited directly by the digital labour platform or multiple digital

labour platforms, as the case may be, to occupy the same job, by virtue

of the Act, or any regulations issued thereunder or under any other

legislation or by virtue of any applicable collective agreement

Provided that the provisions of articles 6 to 11 shall not

have effect in relation to periods in which platform workers are not

assigned to, or placed at the disposal of any digital labour platform to

provide services consisting of the delivery of any product where such

periods are not less than two weeks. For the avoidance of any doubt,

during said periods where the platform worker shall not be so assigned

to, or placed at the disposal of any digital labour platform, the platform

worker shall still be entitled to the working and employment

conditions granted by the Act, regulations or orders issued thereunder

to all employees, as those enjoyed by a comparable employee, which

in no event shall be less than the minimum conditions of employment

in accordance with the Act and the regulations or orders made

thereunder or, where there is no such comparable employee, to the

applicable minimum conditions of employment in accordance with the

Act and the regulations or orders made thereunder

Provided further that if a platform worker is subsequently

replaced by the work agency, the platform worker assigned as a

replacement shall have equal treatment from the first day of

assignment.

Without prejudice to the general obligations in terms of the Occupational

Occupational Health and Safety Authority Act and any regulations health

safety.

issued thereunder, the employer shall be responsible to ensure that a Cap. 424.

safe working environment is provided for platform workers by

ensuring that risks relating to the platform workers’ duties are

identified and measures are taken for such risks to be avoided as much

as possible.

(1) No payments or charges shall be demanded or levied No payment

through a deduction from wages from any platform worker by his shall

demanded, no

employer in consideration for recruitment by a work agency or any deductions shall

be made.

digital labour platform or in consideration for concluding a contract of

employment with a work agency or any digital labour platform.

(2) No deduction shall be made from the wages of a platform

worker by a work agency or digital labour platform whether in

consideration of the circumstances mentioned in sub-article (1) or in

consideration of other circumstances, except and in so far as such

deductions from wages are permissible under the Act and the

regulations made thereunder.

(1) In situations where the employment status of a person

is deemed to be one of employment in accordance with this order, the

employer shall be bound to give or send to the platform worker a letter

of engagement or a signed declaration, which shall include the

information listed in the Transparent and Predictable Working

2022. Conditions Regulations, within seven (7) calendar days from the date

of coming into force of this order

Provided that, after the coming into force of this order the

said information shall, in any case, be provided within seven (7)

calendar days from the commencement of the employment

relationship.

(2)

If a platform worker does not agree with

(a) any of the conditions of employment listed in a letter

of engagement or a signed declaration in accordance with this

article; or

(b) the amount of wages being proposed to be given as

specified in paragraph (a) of article 6,

and leaves employment, he may institute proceedings before the

Tribunal where he may claim unfair dismissal and the relevant

provisions of the Act shall apply.

It shall be the duty of the employer to provide to the

platform worker the reasons for any difference in treatment if he

considers that his employer may have treated him in a manner which

infringes a right conferred on him by this order, and if he requests such

information. The said reasons are to be provided in writing within

twenty-one (21) days from the date of the request and shall be

admissible as evidence in any proceedings in accordance with this

order.

(1) Without prejudice to the rights and obligations of the Transparency in

employers and platform workers under the Transparent and Predictable the

monitoring and

Working Conditions Regulations, those employers to whom this order decision-making

systems and

is applicable shall inform platform workers of the following

their use.

L.N. 267 of

2022. (a) automated monitoring systems which are used to

monitor, supervise or evaluate the work performance of platform

workers through electronic means; and

(b) automated decision-making systems which are used

to take or support decisions that significantly affect the platform

workers’ working conditions, in particular their access to work

assignments, their earnings, their occupational safety and health,

their working time, their promotion and the status relating to

their employment, including the restriction, suspension or

termination of their digital account.

(2)

The information referred to in sub-article (1) shall concern

(a)

as regards automated monitoring systems

(i) the fact that such systems are in use or are in the

process of being introduced;

(ii) the categories of actions monitored, supervised

or evaluated by such systems, including evaluation by the

recipient of the service;

(b)

as regards automated decision-making systems

(i) the fact that such systems are in use or are in the

process of being introduced;

(ii) the categories of decisions that are taken or

supported by such systems;

(iii) the main parameters that such systems take into

account and the relative importance of those main

parameters in the automated decision-making, including

the way in which the platform worker’s personal data or

behaviour influence the decisions; and

(iv) the grounds for decisions to restrict, suspend or

terminate the platform worker’s account or any decision

with similar effects.

(3) Employers shall provide the information referred to in sub-

article (2) in the form of a document which may be in electronic

format, at the latest on the first working day, as well as in the event of

substantial changes and at any time upon the platform workers’

request. The information shall be presented in a concise, transparent,

intelligible and easily accessible form, using clear and plain language.

(4) Employers shall make the information referred to in sub-

article (2) available to platform workers’ official representatives and

the Director General responsible for Employment and Industrial

Relations upon their respective request.

(5) Employers shall not process any personal data concerning

platform workers that are not intrinsically connected to and strictly

necessary for the performance of their work. In particular, they shall

not

(a) process any personal data on the emotional or

psychological state of the platform worker;

(b) process any personal data relating to the health of the

platform worker, except in cases referred to in Article 9(2), in

points (b) to (j) of the General Data Protection Regulation;

(c) process any personal data in relation to private

conversations, including exchanges with platform workers’

official representatives;

(d) collect any personal data while the platform worker is

not offering or performing platform work.

(1) Employers shall regularly monitor and evaluate the

impact of individual decisions taken or supported by automated

monitoring and decision-making systems, as referred to in article

17(1), on working conditions.

(2) Employers shall, in accordance with the provisions of the

Occupational Health and Safety Authority Act and any regulations

issued thereunder

(a) evaluate the risks of automated monitoring and

decision-making systems for the safety and health of platform

workers, in particular as regards possible risks of work-related

accidents, psychosocial and ergonomic risks;

(b) assess whether the safeguards of those systems are

appropriate for the risks identified in view of the specific

characteristics of the work environment; and

(c)

introduce appropriate preventive and protective

measures.

(3) Employers shall not use automated monitoring and

decision-making systems in any manner that puts undue pressure on

platform workers or otherwise puts at risk the physical and mental

health of platform workers.

(4) Employers shall ensure sufficient human resources for

monitoring the impact of individual decisions taken or supported by

automated monitoring and decision-making systems in accordance

with this sub-article.

(5) The persons charged by the employer with the function of

monitoring shall have the necessary competence, training and

authority to exercise that function. The said persons shall not be

dismissed, be subject to any disciplinary measures or otherwise made

to suffer any other adverse treatment for overriding automated

decisions or suggestions for decisions.

(1) Platform workers shall have the right to obtain an Human review

explanation from the employer for any decision taken or supported by of

decisions.

an automated decision-making system that significantly affects the

platform worker’s working conditions, as referred to in article 17

(1)(b).

(2) Without prejudice to the provisions of sub-article (1), the

employer shall provide platform workers with access to a contact

person designated by the employer to discuss and to clarify the facts,

circumstances and reasons having led to the decision. The employer

shall ensure that such contact persons have the necessary competence,

training and authority to exercise that function.

(3) Where platform workers are not satisfied with the

explanation or the written declaration of the reasons given or they

consider that the decision infringes their rights, they shall have the

right to request the employer to review that decision. The employer

shall respond to such request by providing the platform worker with a

substantiated reply without undue delay and in any event within one

(1) week of receipt of the request

Provided that in the case of employers that are micro, small

or medium-sized enterprises, the deadline for the provision of the reply

referred to in this sub-article shall be extended to two (2) weeks.

(4) Where the decision referred to in this article infringes the

platform worker’s rights, the employer shall rectify that decision

without delay or, where such rectification is not possible, offer

adequate compensation.

(5) This article shall be without prejudice to the rights of the

platform worker to institute proceedings before the Tribunal where he

may claim unfair dismissal and the relevant provisions of the Act shall

apply.

(1) Without prejudice to the rights and obligations in the

the Employee (Information and Consultation) Regulations, the

employer shall ensure information and consultation of the platform

workers’ official representatives, or where there are no such

representatives, the platform workers, on decisions likely to lead to the

introduction of or substantial changes in the use of automated

monitoring and decision-making systems referred to in article 17(1).

(2) For the purposes of this article, the definitions

"information" and "consultation" as provided in regulation 2 of the

Employee (Information and Consultation) Regulations shall apply. The

provisions of regulations 3, 4, 7 and 8 of the Employee (Information

and Consultation) Regulations shall apply accordingly.

(3) The platform workers may be assisted by the official

representative, insofar as this is necessary for them to examine the

matter that is the subject of information and consultation and

formulate an opinion. Where an employer has more than fifty (50)

platform workers in Malta, the expenses that may be incurred for the

examination of the matter that is the subject of information and

consultation shall be borne by the employer, provided that they are

proportionate.

(1) Without prejudice to any other relevant provisions in

any regulations, orders or other subsidiary legislation made under or

kept in force under the Act, the digital labour platforms and work

agencies shall make the following information available to the

Director General responsible for Employment and Industrial Relations,

official representatives exercising their representative functions and

other relevant authorities

(a) the number of platform workers performing work

through the digital labour platform concerned on a regular basis

in Malta and their contractual or employment status;

(b) the general terms and conditions applicable to the

platform workers , including those terms and conditions that

are unilaterally determined by the digital labour platform or

work agency, as the case may be; and

(c) any other specific terms and conditions that may be

applicable to platform workers in any circumstances.

(2) The information shall be updated at least every six (6)

months and, as regards paragraphs (1)(b) and (c), each time the terms

and conditions are modified.

(3) The Director General responsible for Employment and

Industrial Relations and other relevant authorities and official

representatives shall have the right to request digital labour platforms

and work agencies to provide additional clarifications and details

regarding any of the data provided. The digital labour platforms and

work agencies shall respond to said request within a reasonable period

of time established by the Director General responsible for

Employment and Industrial Relations, other relevant authorities or

official representatives, as the case may be, by providing a

substantiated reply.

Digital labour platforms to whom platform workers are Access to

assigned, or placed at the disposal of, by any work agency shall grant relevant

information on

access to such work agency to all the relevant information including algorithmic

management to

that on algorithmic management relating to such platform workers in work agencies.

real time so as to enable work agencies to comply with the obligations

arising from this order.

(1) Without prejudice to Article 80 of the General Data Proceedings on

Protection Regulation, official representatives or other legal entities behalf

support of

which have a legitimate interest in defending the rights of platform platform

workers.

workers, may engage in any judicial or administrative proceedings to

enforce any one of the rights or obligations arising from this order.

These official representatives or other legal entities may act on behalf

or in support of platform workers in the case of an infringement of any

right or obligation arising from this order, with that person’s approval.

(2) Official representatives shall also have the right to act on

behalf or in support of several platform workers, with those persons’

approval.

The employers shall be responsible for the creation of the Communication

possibility for platform workers to contact and communicate with each channels

platform

other, and to be contacted by official representatives of platform workers.

workers, through the relevant digital infrastructure or similarly

effective means, while complying with the obligations under the

General Data Protection Regulation. Employers shall refrain from

accessing or monitoring those contacts and communications.

Without prejudice to article 28 of the Act, it shall be Protection

unlawful to victimise, to subject any platform worker, including their against

treatment or

official representatives from any adverse treatment by the digital consequences.

labour platform or the work agency, as the case may be, or from any

adverse consequences resulting from a complaint lodged against the

digital labour platform or work agency, as the case may be, or resulting

from any proceedings initiated with the aim of enforcing compliance

with the rights provided for in this order.

(1) A platform worker who is dismissed or is subject to

measures with equivalent effect shall be regarded for the purposes of

this order as having been unfairly dismissed or subject to measures

with equivalent effect, if the reason therefor is that the platform worker

has exercised the rights provided for in this order.

(2) Platform 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 this

order, may request the digital labour platform or work agency, as the

case may be, to provide duly substantiated grounds for the dismissal or

the equivalent measures. The digital labour platform or work agency,

as the case may be, shall provide those grounds in writing within a

period of ten (10) working days.

(3) When a platform worker establishes before the Tribunal

facts from which it may be presumed that there has been such a

dismissal or equivalent measures, it shall be for the digital labour

platform or work agency, as the case may be, to prove that the

dismissal or equivalent measures were based on grounds other than

those referred to in sub-article (1).

(4) In cases referred to in sub-articles (1) and (2), a platform

worker may file a complaint in front of the Tribunal set up in terms of

Part III of Title II of the Act.

(1) This order shall be applicable without prejudice to the

introduction and implementation of more favourable provisions to the

platform worker in any individual contract or in any collective

agreement.

(2) In addition, this order shall be without prejudice to any

other rights conferred on platform workers by other legislation of the

European Union.

This order supersedes any less favourable relevant

provisions in any regulations, orders or other subsidiary legislation

made under or kept in force under the Act, including those governing

the temporary agency work and employment status, and in case of any

inconsistency between said legislation and this order, this order shall

prevail.

Any person contravening the provisions of this order shall Offences and

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

(multa) of not more than two thousand euro (€2,000).

€1.80