Posting of Workers in Malta (Amendment) Regulations, 2023

L.N. 224 of 2023

EMPLOYMENT AND INDUSTRIAL RELATIONS ACT

(CAP. 452)

Posting of Workers in Malta (Amendment) Regulations, 2023

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 these regulations is the Posting of Citation and

Workers in Malta (Amendment) Regulations, 2023 and these scope.

regulations shall be read and construed as one with the Posting of

Workers in Malta Regulations, hereinafter referred to as the "principal S.L. 452.82.

regulations".

(2) The scope of these regulations is to better transpose certain

provisions of the Directives brought into force by virtue of the

principal regulations.

Regulation 10 of the principal regulations shall be Substitutes

substituted by the following new regulation

"10. (1) This regulation shall only apply in

respect of a subcontracting chain operating in one or

more of the activities listed in the Schedule.

(2) In any civil proceedings instituted by the

posted worker where there is a subcontracting chain, the

posted worker may hold the contractor of which the

employer is a direct subcontractor and the direct

subcontractor jointly and severally liable with respect to

those rights granted by regulation 5(1)(c)

Provided that the liability shall be limited to

the posted worker’s rights acquired under the contractual

relationship between the contractor and his direct

subcontractor

Provided further that the contractor shall not

be liable in terms of the foregoing if he has undertaken a

proper due diligence exercise as to the solvency and the

compliance of its direct subcontractor with laws

regulating its operations

Provided further that the provisions of this

regulation shall apply mutatis mutandis to any employee

in relation to the activities listed in the Schedule.".

Immediately after regulation 12 of the principal regulations

Addition of

Schedule to the

there shall be added the following new Schedule

principal

regulations.

"SCHEDULE

(regulation 10)

The activities mentioned in regulation 10 include all

building work relating to the construction, repair, upkeep, alteration

or demolition of buildings, and in particular the following work

1. excavation

2. earthmoving

3. actual building work

assembly and dismantling of

prefabricated

elements

fitting out or installation

6. alterations

7. renovation

8. repairs

dismantling

demolition

11. maintenance

upkeep, painting and cleaning work

13. improvements". €0.18