EQUAL PAY (TRANSPARENCY AND REPORTING) REGULATIONS

SUBSIDIARY LEGISLATION 452.172

EQUAL PAY (TRANSPARENCY AND REPORTING)

REGULATIONS

5th June, 2026

LEGAL NOTICE 173 of 2026.

(1)

The title of these regulations is the Equal Pay

(Transparency and Reporting) Regulations.

(2)

The scope of these regulations is to transpose Directive

(EU) 2023/970 of the European Parliament and of the Council of 10

May 2023 to strengthen the application of the principle of equal pay

for equal work or work of equal value between men and women

through pay transparency and enforcement mechanisms, and to make

provisions relating to equal pay for equal work or work of equal value

in accordance with such Directive.

(3)

These regulations shall apply to employers in public and

private sectors and to all workers who have an employment

relationship as defined in the Employment and Industrial Relations

Provided that regulation 4 shall apply to applicants for

employment.

In these regulations, unless the context otherwise

requires

"Act" means the Employment and Industrial Relations

Act;

"category of workers" means workers performing the

same work or work of equal value grouped in a non-arbitrary

manner based on the non-discriminatory and objective gender-

neutral criteria referred to in regulation 3, by the employer and,

where applicable, in cooperation with the employees’

representatives in accordance with the provisions of any law in

force in Malta;

"collective agreement" shall have the same meaning as

assigned to it in article 2 of the Act;

"direct discrimination" means the situation in which a

person is treated less favourably on grounds of sex than another

person is, has been or would be treated in a comparable

situation;

"Directive (EU) 2023/970" means the Directive (EU)

2023/970 of the European Parliament and of the Council of 10

May 2023 to strengthen the application of the principle of equal

pay for equal work or work of equal value between men and

women through pay transparency and enforcement

mechanisms;

"Director" shall have the same meaning as assigned to it

in article 2 of the Act;

"discriminatory treatment" means any distinction,

exclusion, restriction or difference in treatment, whether direct

or indirect, and includes

(a)

harassment and sexual harassment, as well

as any less favourable treatment based on a person’s

rejection of, or submission to such conduct, when such

harassment or treatment relates to, or results from the

exercise of the rights provided for in these regulations;

(b)

any instruction to discriminate against

persons on grounds of sex;

(c)

any less favourable treatment of a woman

related to pregnancy or maternity leave within the

meaning of Council Directive 92/85/EEC of 19 October

1992 on the introduction of measures to encourage

improvements in the safety and health at work of

pregnant workers and workers who have recently given

birth or are breastfeeding (tenth individual Directive

within the meaning of Article 16 (1) of Directive 89/391/

EEC);

(d)

any less favourable treatment, within the

meaning of Directive (EU) 2019/1158 of the European

Parliament and of the Council of 20 June 2019 on work-

life balance for parents and carers and repealing Council

Directive 2010/18/EU based on sex, including with

regard to paternity leave, parental leave or carers’ leave;

(e)

intersectional discrimination;

"employees’ representative" means

(a)

any employees’ representative as defined

in article 2 of the Act;

(b)

any trade union representative recognised

under the Act;

(c)

any representative elected or appointed in

accordance

with the Employee (Information and

Consultation) Regulations; or

(d)

any other representative acting on behalf of

a worker in defence of that worker’s interests, including

for avoidance of doubt a trade union;

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

in article 2 of the Act;

"Equality Body" means the National Commission for the

Promotion of Equality established in accordance with the

Equality for Men and Women Act, or such other entity

assuming the responsibilities of the National Commission for

the Promotion of Equality for Men and Women in accordance

with the law;

"gender pay gap" means the difference in average pay

levels between female and male workers of an employer

expressed as a percentage of the average pay level of male

workers;

"indirect discrimination" means the situation in which an

apparently neutral provision, criterion or practice would put

persons of one sex at a particular disadvantage compared with

persons of the other sex, unless that provision, criterion or

practice is objectively justified on the basis of a legitimate aim,

and the means of achieving that aim are appropriate and

necessary;

"intersectional discrimination" means discrimination

based on a combination of sex and any other ground or grounds

of discrimination protected under Council Directive 2000/43/

EC of 29 June 2000 implementing the principle of equal

treatment between persons irrespective of racial or ethnic

origin, or Council Directive 2000/78/EC of 27 November 2000

establishing a general framework for equal treatment in

employment and occupation;

"median gender pay gap" means the difference between

the median pay level of female and median pay level of male

workers of an employer expressed as a percentage of the

median pay level of male workers;

"median pay level" means the pay level at which half of

the workers of an employer earn more and half of them earn

less;

"Minister" shall have the same meaning as assigned to it

in the Act;

"Monitoring Body" means the Department for Industrial

and Employment Relations

Provided that for the purposes of public officers

appointed within the public service by the Public Service

Commission, the duties of the Monitoring Body under these

regulations shall be carried out by the People and Standards

Division within the office of the Prime Minister, or such other

entity assuming the responsibilities of the People and Standards

Division;

"pay" means the ordinary basic or minimum wage or

salary and any other consideration, whether in cash or in kind,

including complementary or variable components, which a

worker receives directly or indirectly in respect of his or her

employment from his or her employer;

"Pay Gap Report" means a report prepared by an

employer employing at least one hundred (100) employees, on

the pay gap between female and male workers which includes

the information stipulated in regulation 9;

"pay level" means gross

annual

pay

and

the

corresponding gross hourly pay;

"pay progression" means the process of how workers

move to a higher pay level;

"quartile pay band" means each of four equal groups of

workers into which they are divided according to their pay

levels, from the lowest to the highest;

"trade union" shall have the same meaning as assigned to

it in article 2 of the Act;

"Tribunal" shall have the same meaning as assigned to it

in article 2 of the Act;

"work of equal value" means work that is determined to

be of equal value in accordance with the non-discriminatory

and objective gender-neutral criteria referred to in regulation 3.

Part I

Equal Pay for Equal Work

or Work of Equal Value

(1)

All employers shall ensure that they have pay

structures that ensure equal pay for equal work or work of equal value

Provided that nothing shall preclude an employer and a

worker or a union of workers as a result of negotiations for a collective

agreement, to agree amongst others on different salary scales,

brackets or steps, annual increments and other conditions of

employment that are different for those workers who are employed at

different times, where such salary scales have a maximum that is

achieved within a specified period of time

Provided further and without prejudice to these

regulations, that any distinction between categories of employment

based on discriminatory treatment as defined in these regulations or in

the Act, otherwise than in accordance with the provisions of the Act or

any other law shall be null and of no effect.

(2)

Employers are not precluded from paying workers

performing the same work or work of equal value differently or from

setting pay progressions, on the basis of objective, gender-neutral and

bias-free criteria including but not limited to performance and

competence.

(3)

Pay structures shall be such as to enable the assessment

of whether workers are in a comparable situation with regard to the

value of work on the basis of objective, gender-neutral criteria agreed

with employees’ representatives where such representatives exist

Provided that such criteria shall not be based directly or

indirectly on workers’ sex and shall include skills, effort,

responsibility and working conditions and, if appropriate, any other

factors which are relevant to the specific job or position

Provided further that such criteria shall be applied in an

objective gender-neutral manner, excluding any direct or indirect

discrimination based on sex, and taking into account any soft skills.

Part II

Pay Transparency

(1)

Applicants for employment shall have the right to

receive, from a prospective employer, information about

(a)

the initial pay or its range, based on objective,

gender-neutral criteria, to be attributed for the position

concerned; and

(b)

the relevant provisions of the collective agreement

applied by the employer in relation to a particular position,

where applicable

Provided that such information shall be provided

in a manner such as to ensure an informed and transparent

negotiation on pay, prior to the conclusion of the recruitment

process.

(2)

Employers shall not ask applicants for employment about

their pay history during their current or previous employment

relationships.

(3)

Employers shall ensure that job vacancy notices and job

titles are gender-neutral and that recruitment processes are led in a

non-discriminatory manner, in order not to undermine the right to

equal pay for equal work or work of equal value.

(1)

An employer shall adopt and maintain written

policies or criteria establishing the objective and gender-neutral

criteria used to determine workers’ pay, pay levels and pay progression

in accordance with principles established in regulation 3. Such written

policies or criteria shall be accessible to workers at all times.

(2)

Without prejudice to an employer’s obligation to comply

with the terms established in the Act and these regulations, employers

employing fewer than fifty (50) workers shall be exempt from the

requirements established in sub-regulation (1) insofar as such

requirements relate to pay progression. Notwithstanding such

exemption, such employers employing twenty (25) or more workers

shall remain obliged to internally document at employer level, the

criteria used to determine workers’ pay, pay levels and pay

progression. For the avoidance of any doubt, employers employing

fewer than twenty-five (25) workers shall, in all cases, remain bound

by the principles relating to equal pay for equal work or work of equal

value as established under these regulations.

(1)

Workers shall have the right to request and receive

information in writing, in accordance with sub-regulations (2) and (3),

on their individual pay level and the average levels broken down by

sex, for categories of workers performing the same work as them or

work of equal value to theirs

Provided that when requests for information in

accordance with sub-regulation (1) are made in the year 2026, the

information to be provided shall only relate to pay relative to the year

2026. (2)

Upon receipt of a request made in accordance with sub-

regulation (1), the employer shall provide the requested information to

the worker in writing within eight (8) days.

(3)

Where the employer fails to provide the information

within the time frame stipulated in sub-regulation (2)

(a)

in such case where an employees’ representative

is appointed, such representative may, within twelve (12) days

from the expiry of the period referred to in sub-regulation (2),

submit a request for the same information on behalf of the

worker, provided that, where a worker chooses to be

represented by a trade union, such trade union shall be deemed

to constitute the employees’ representative for the purposes of

this sub-regulation and may act on behalf of the worker

accordingly;

(b)

if the employer fails to respond to a request within

the stipulated time frames in sub-regulations (2) and 3(a) in

cases where an employees’ representative is appointed, or a

trade union where the worker has chosen it to act on their

behalf, the worker may request and receive the information

through the Equality Body upon a request to such effect being

made by the worker and, or an employees’ representative.

(4)

If the information received is inaccurate or incomplete,

workers shall have the right to request, personally or through their

employees’ representatives or through the chosen union, additional

and reasonable clarifications and details regarding any of the data

provided and to receive a substantiated reply.

(5)

If the information is not provided to a worker, or is

otherwise inaccurate or incomplete, either directly, through the

employees’ representative, or through the Equality Body, within forty-

five (45) days from the date on which the request is first made by the

worker, such failure shall be considered to be an offence against the

Act and the Director may initiate proceedings against the employer in

accordance with the Act.

(6)

Employers shall inform all workers, on an annual basis,

of their right to receive the information referred to in sub-regulation

(1) and of the steps that the worker is to undertake to exercise that

right.

(7)

Workers shall not be prevented from disclosing their pay

to the relevant authorities or to the employees’ representatives or the

chosen union for the purpose of the enforcement of this regulation.

(8)

Notwithstanding anything contained in any other law, an

employer shall be required to retain any information or data in this

regard for a period of not less than five (5) years.

(9)

Employers may require workers who have obtained

information in accordance with this regulation, other than information

concerning their own pay or pay level, not to use that information for

any purpose other than to exercise their right to equal pay.

Employers shall ensure that any information provided to

workers or applicants for employment in accordance with regulations

4, 5 and 6 is made available in a format that is accessible to persons

with disabilities having due regard to their particular needs.

(1)

When assessing whether female and male workers

are carrying out equal work or work of equal value, the assessment of

whether workers are in a comparable situation shall not be limited to

situations in which female and male workers work for the same

employer but shall be extended to a single source establishing the pay

conditions, when such single source exists.

(2)

A single source shall exist where there is one source that

determines the elements of pay relevant for the comparison of

workers. For the purposes of these regulations, a single source shall be

deemed to exist only where the undertakings concerned are controlled

by the same persons and their economic activity is essentially of the

same nature.

(3)

For the purposes of sub-regulation (2), bodies falling

within the public service and namely any ministries and government

departments appointed as the employer of public officers within the

public service by the Public Service Commission, shall be treated as

one single source. Other public sector entities, authorities,

corporations, agencies or other bodies shall each individually

constitute a separate single source notwithstanding that such entities

fall within the remit of the Government of Malta or are subject to

coordination, policy direction or oversight by a central authority or

body of the Government of Malta.

(4)

The assessment of whether workers are in a comparable

situation shall not be limited to workers who are employed at the same

time as the worker concerned.

(5)

Where no real comparator can be established, any other

evidence may be used to prove alleged pay discrimination, including

statistics or a comparison of how a worker would be treated in a

comparable situation.

Part III

Reporting

(1)

Employers employing at least one hundred (100)

workers shall prepare a Pay Gap Report containing the following

information

(a)

the gender pay gap;

(b)

the gender pay gap in complementary or variable

components;

(c)

the median gender pay gap;

(d)

the median gender pay gap in complementary or

variable components;

(e)

the proportion of female and male workers

receiving complementary or variable components;

(f)

the proportion of female and male workers in each

quartile pay band; and

(g)

the gender pay gap between workers by categories

of workers, broken down by ordinary basic wage or salary and

complementary or variable components.

(2)

Employers employing two hundred and fifty (250)

workers or more shall, by 7 June 2027 and every year thereafter,

provide the information established in sub-regulation (1) in respect of

the preceding calendar year. For the avoidance of any doubt, the first

report shall relate to the period between the 1st January 2026 to the

31st December 2026, the second report shall relate to the period from

the 1st January 2027 to the 31st December 2027, and annually

thereafter.

(3)

Employers employing between one hundred and fifty

(150) and two hundred and forty-nine (249) workers shall, by 7 June

2027 and every three (3) years thereafter, provide the information

established in sub-regulation (1) relating to the previous year. For the

avoidance of any doubt, the first report shall relate to the period from

the 1st January 2026 to the 31st December 2026, the second report

shall relate to the period from the 1st January 2029 to the 31st

December 2029 and every three (3) years thereafter.

(4)

Employers employing between one hundred (100) and

one hundred and forty-nine (149) workers shall, by 7 June 2031 and

every three (3) years thereafter, provide the information established in

sub-regulation (1) relating to the previous calendar year. For the

avoidance of any doubt, the first report shall relate to the period from

the 1st January 2030 to the 31st December 2030, the second report

shall relate to the period from the 1st January 2033 to the 31st

December 2033 and every three (3) years thereafter.

(5)

All employers shall submit the relevant reports within

fourteen (14) working days from the end of a relevant yearly period.

(6)

Employers employing fewer than one hundred (100)

workers may provide the information established in sub-regulation (1)

on a voluntary basis.

(7)

The accuracy of the information contained in the Pay

Gap Report shall be confirmed by the employer’s management

following consultation with the employees’ representatives.

Employees’ representatives shall have access to the methodologies

applied by the employer in compiling the report.

(8)

The Pay Gap Report containing the information referred

to in sub-regulation (1)(a) to (g) shall be communicated to the

Monitoring Body in such format as may be prescribed from time to

time by the said Body. The employer may publish the information

referred to in sub-regulation (1)(a) to (f) of these regulations on its

website or otherwise make it publicly available.

(9)

Employers shall provide the information referred to in

sub-regulation 1(g), to all their workers and to employees’

representatives. Employers shall provide such information to the

Monitoring Body and to the Equality Body upon request. The

information from the previous four (4) years, where available, shall

also be provided upon request.

(10) Workers, employees’ representatives, the Monitoring

Body or the Equality Body, as the case may be in accordance with sub-

regulation (9), shall have the right to request the employers for

additional clarifications and details regarding any of the data provided,

including explanations concerning any gender pay differences.

Employers shall respond to such requests within a reasonable time by

providing a substantiated reply. Where gender pay differences are not

justified on the basis of objective and gender-neutral criteria in

accordance with regulation 3, employers shall remedy the situation

within a reasonable period of time in consultation with the Monitoring

Body which for such purposes shall consult the employees’

representatives and the Equality Body if required.

(1)

Employers who are subject to the Pay Gap Report

in accordance with regulation 9 shall conduct, in consultation with

their employees’ representatives, a joint pay assessment where all the

following conditions are met

(a)

the Pay Gap Report demonstrates a difference in

the average pay level between female and male workers of at

least five per cent (5%) in any category of workers;

(b)

the employer has not satisfactorily justified such a

difference in the average pay level on the basis of objective and

gender-neutral criteria; and

(c)

the employer has not remedied such an unjustified

difference in the average pay level within six (6) months from

the date of submission of the pay reporting.

(2)

The joint pay assessment shall be carried out in order to

identify, remedy and prevent differences in pay between female and

male workers which are not justified on the basis of objective and

gender-neutral criteria. The joint pay assessment shall include the

following

(a)

an analysis of the proportion of female and male

workers in each category of workers;

(b)

information on average female and male workers’

pay levels and complementary or variable components for each

category of workers;

(c)

any differences in average pay levels between

female and male workers in each category of workers;

(d)

the reasons for such differences in average pay

levels, on the basis of objective and gender-neutral criteria, if

any, as established jointly by the employees’ representatives

and the employer;

(e)

the proportion of female and male workers who

benefitted from any improvement in pay following their return

from maternity or paternity leave, parental leave or carers’

leave, if such improvement occurred in the relevant category of

workers during the period in which the leave was taken;

(f)

measures to address differences in pay if they are

not justified on the basis of objective and gender-neutral

criteria;

(g)

an evaluation of the effectiveness of measures

from previous joint pay assessments.

(3)

Employers shall make the joint pay assessment available

to workers and employees’ representatives. Within ten (10) working

days of completing the joint pay assessment, employers shall

communicate it to the Monitoring Body. Following such

communication, the employer shall make the joint pay assessment

immediately available to the Equality Body upon request.

(4)

When implementing the measures arising from the joint

pay assessment, the employer shall remedy the unjustified differences

in pay within such time as determined with the employees’

representative. The implementation of the measures shall include an

analysis of the existing gender-neutral job evaluation and

classification systems or the establishment of such systems, to ensure

that any direct or indirect pay discrimination on the grounds of sex is

excluded.

(5)

In case of disagreement as to the conduct of the joint pay

assessment or otherwise the implementation of measures following

such assessment, an employer or the employees’ representative or the

chosen union may request the Monitoring Body to attend a conciliation

meeting between the employer and the employees’ representative and

failing final agreement following such conciliation meeting, the matter

shall be referred to the Tribunal for determination within the time

frames prescribed in Article 30(1) of the Act.

(6)

Any party to a decision delivered by the Tribunal who

feels aggrieved by a decision of the said Tribunal in accordance with

this regulation may appeal to the Court of Appeal as provided in the

(7)

Any processing or publication of information in

accordance with regulations 9 and 10 shall comply with applicable

data protection legislation, in accordance with 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 (General Data Protection Regulation).

Part IV

Monitoring and Coordination

(1)

The Monitoring Body shall be responsible for

monitoring and supporting the implementation of national measures

adopted under these regulations.

(2)

Without prejudice to other duties under these regulations,

the Monitoring Body shall

(a)

raise awareness of the right to equal pay and pay

transparency among public and private undertakings, workers’

organisations, social partners and the public, including with

regard to intersectional discrimination in relation to equal pay

for equal work or work of equal value;

(b)

analyse the causes of the gender pay gap, and

develop tools to assist in assessing pay inequalities;

(c)

collect and publish in a user-friendly and easily

accessible manner the information received from employers

pursuant to regulation 9, specifically that referred to in points

(a) to (f) of regulation 9, ensuring that such data permits

comparisons between employers, sectors and regions in Malta

and includes the previous four (4) years’ data where available;

(d)

collect and review Pay Gap Reports and joint pay

assessments submitted by employers in accordance with

regulation 9 and 10 respectively;

(e)

aggregate data on the number and type of pay

discrimination complaints and legal actions brought before the

Tribunal, or the Courts relating to pay discrimination in

accordance with these regulations;

(f)

monitor employer compliance with pay

transparency obligations in accordance with these regulations;

(g)

exercise powers of inspection and requesting of

information from employers.

(3)

By the 7th June 2028 and every two (2) years thereafter,

the Monitoring Body, shall in a single (1) submission provide the

European Commission with the data referred to in sub-regulation 2 (c),

(d) and (e).

(4)

The Monitoring Body shall prepare and publish annual

reports evaluating pay transparency implementation, identifying

systemic risks and making recommendations to the Minister.

For the purposes of ensuring the effective

implementation of the rights and obligations stipulated in Directive

(EU) 2023/970, the Monitoring Body and the Equality Body shall

cooperate, and shall as may be required form time to time, mutually

transmit all information as may be required in order to achieve the

aims and objectives of the Directive (EU) 2023/970 in the manner

established in these regulations.

Part V

Miscellaneous Provisions

It shall not be lawful to victimise any worker and

employees’ representative for having exercised their rights in

accordance with these regulations or for having participated in

proceedings for redress on grounds of the alleged breach of the

provisions of these regulations.

(1)

Without prejudice to any criminal proceedings

brought in relation to any offence committed against these regulations

and without prejudice to any conciliation or mediation proceedings

initiated with a view to the rectification of any possible breach of

these regulations, any person who has sustained any loss in pay as a

result of a breach of any right or obligation relating to the principle of

equal pay for equal work or work of equal value may refer the matter

to the Industrial Tribunal for redress as provided in article 30 of the

Act, and shall be entitled to claim and obtain full payment of any lost

pay together with compensation in accordance with this regulation. In

such circumstances, the timelines established in accordance with

article 30 of the Act shall not apply, and those established in regulation

16(1) shall apply.

(2)

For the purpose of this regulation, payment of lost pay

includes full recovery of back pay and related bonuses or payments in

kind.

(3)

For the purposes of this regulation, the compensation for

damages referred to in sub-regulation (1) shall constitute real and

effective compensation for the damages sustained, in a dissuasive and

proportionate manner and shall include compensation for lost

opportunities, non-material damage, and any damage caused by other

relevant factors which may include intersectional discrimination. Such

compensation shall be over and above any reparation for loss of pay.

(4)

In awarding compensation, the Industrial Tribunal shall

take into consideration all relevant circumstances of the case,

including the cooperation of the employer, the duration of any breach,

whether the actions of the employer were manifestly unintentional and

of a minor character and whether the actions of the employer were

motivated by vexatious reasons amongst others.

(5)

Damages in excess of an amount equivalent to that

provided for by way of payment of lost pay shall be awarded only

where the discrimination was carried out wilfully and for vexatious

reasons.

(6)

The payment of lost pay shall place the worker who has

sustained such loss in the position in which that person would have

been if there had been no breach of any of the rights or obligations

relating to the principle of equal pay, or if such person had not been

discriminated against based on sex.

(7)

Where a claim is brought before the Tribunal and no

categorisation of workers has been carried out, the Tribunal shall

appoint an expert as suggested by the parties to such proceedings for

the purposes of such categorisation. If the parties fail to agree on such

expert, the Tribunal shall appoint such expert itself.

(8)

Any party to a decision delivered by the Tribunal who

feels aggrieved by a decision of the said Tribunal relating to the

principle of equal pay for equal work or work of equal value, may

appeal to the Court of Appeal as provided in article 82 the Act.

(1)

In all proceedings, other than criminal

proceedings, and in any mediation or conciliation procedures

concerning alleged direct or indirect discrimination resulting from a

breach of the principle of equal pay for equal work or work of equal

value, and where the plaintiff establishes facts from which it may be

presumed that there has been direct or indirect discrimination, the

employer shall be obliged to prove that there has been no direct or

indirect discrimination in relation to pay.

(2)

In pursuing a claim or any action in accordance with sub-

regulation (1), any plaintiff, as the case may be, shall notwithstanding

the principles established in this regulation, bring initial proof of any

breach of the principle of equal pay for equal work or work of equal

value by reference to tangible and established facts.

(3)

In proceedings relating to alleged direct or indirect

discrimination in pay, where the employer has not implemented the

pay transparency obligations as provided for in regulations 4, 5, 6, 9

and 10, the employer shall be obliged to prove that there has been no

such discrimination

Provided that sub-regulation (3) shall not apply when the

employer proves that the breach of the obligations established in

regulations 4, 5, 6, 9 and 10 was manifestly unintentional and of a

minor character.

(1)

Without prejudice to any prescription periods

established in accordance with the Act in relation to any criminal

proceedings brought in accordance with these regulations, any action

or proceedings for a claim for loss of pay and compensation in terms

of regulation 14 may be brought within a period of three (3) years.

(2)

The prescription period referred to in sub-regulation (1)

shall commence to run on the date on which the claimant knew or

could reasonably be expected to have known of the breach.

(3)

The prescription period for a claim arising from a breach

of the principle of equal pay for equal work or work of equal value

shall be suspended or interrupted in accordance with the rules on

suspension and interruption of prescription in accordance with the

Civil Code. In addition to the methods of interruption or suspension of

prescription in accordance with the Civil Code, the prescription period

shall be interrupted or suspended when

(a)

the claimant has submitted a complaint to the

employer;

(b)

the claimant has initiated proceedings before the

Tribunal in accordance with these regulations and particularly

regulation 14.

(4)

The provisions of this regulation shall apply without

prejudice to any more favourable prescription periods provided under

any other law.

(1)

Workers who consider themselves wronged by a

failure to comply with the principle of equal pay for equal work or

work of equal value, shall have the right to pursue their claims by

application before the Tribunal in accordance with these regulations.

(2)

Such right shall be available even after the termination of

the employment relationship in which the alleged breach occurred.

(3)

Nothing shall prevent any association, the Equality Body,

employees’ representatives or other legal entity having a legitimate

interest in ensuring that these regulations are complied with, to engage

itself either on behalf of, or in support of the worker, with his approval,

in any judicial or administrative procedure which is provided for the

enforcement of obligations under these regulations.

(4)

The Monitoring Body shall not participate on behalf of

any worker in any judicial proceedings, without prejudice however to

its right to conduct any investigation, entertain mediation or

conciliation proceedings and, where it carries out an investigation, to

take appropriate action in accordance with its powers, including

making findings and recommendations or referring matters to the

competent authorities, particularly in cases involving alleged loss of

pay, in line with the provisions of the Act.

It shall be the duty of the employer or any person or

organisation to whom these regulations apply, to use appropriate

means to bring the provisions of these regulations as well as of any

measure taken to further the aim of these regulations to the attention of

his workers, or of the organisation’s members, as the case may be, or

to any other persons who may be affected by the actions of the

employer or the organisation concerned.

(1)

To the extent that any information provided in

accordance with regulations 6, 9 and 10 involves the processing of

personal data, this shall be provided in accordance with Regulation

(EU) 2016/679 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.

(2)

Any personal data processed in accordance with

regulations 6, 9, and 10 shall not be used for any purpose other than to

apply the equal pay for equal work or work of equal value.

(3)

Where the disclosure of information in accordance with

regulations 6, 9, and 10 would lead to the disclosure, directly or

indirectly, of the pay of an identifiable worker, only the workers’

representatives, the Equality Body and the Monitoring Body shall have

access to such information. The employees’ representatives and the

Equality Body shall advise workers on a possible claim under this Act

without disclosing the actual pay levels of individual workers who

perform the same work or work of equal value. For the purposes of

monitoring in accordance with regulation 11, the information shall be

made available without any restriction.

(1)

Any person contravening the provisions of these

regulations shall be guilty of an offence and shall be liable on

conviction to a fine (multa) of not less than two thousand five hundred

euro (€2,500) and not more than five thousand euro (€5,000).

(2)

Where the offence consists of, or is connected with a

breach of the principle of equal pay for equal work or work of equal

value on the basis of gender and intersectional discrimination, the

offender shall be liable on conviction to a higher punishment than

those established in sub-regulation (1), consisting of fine (multa) of

not less than five thousand euro (€5,000) and not more than seven

thousand euro (€7,000).

(3)

In determining the punishment under this regulation, the

Court shall take into consideration whether the offence constitutes a

repeated infringement, and where it so finds, it shall impose a more

severe punishment within the limits established herein.

(4)

Any contravention of the terms of article 3A of the Equal

Treatment in Employment Regulations shall not be prosecuted under

such regulations. Prosecution for any contravention of the terms of

such article shall be made solely in terms of these Regulations in as far

as a breach of these regulations has occurred. Any recourse for loss of

pay and compensation shall be regulated solely by these regulations.

(1)

Without prejudice to any other remedy available

under these regulations, a worker or any interested party, who

establishes prima facie evidence of a breach of the principle of equal

pay for equal work or work of equal value on the basis of gender may

request the Tribunal to issue an interim order.

(2)

Upon such request the Tribunal may, where it considers it

appropriate, issue an interim order that

(a)

requires the cessation of any alleged infringement;

and, or

(b)

orders the adoption of specific measures

necessary to ensure compliance with the principle of equal pay

for equal work or work of equal value.

(3)

Prior to issuing of any interim order, the Tribunal shall

appoint a date for the hearing of the case within fifteen (15) days from

the filing of the request and shall determine the request for an interim

order within twenty (20) working days from such filing.

(4)

Any decision of the Tribunal under this regulation shall

be subject to appeal before the Court of Appeal as provided in article

82 of the Act.

All rights and remedies granted by these regulations shall

apply in relation to any breach of the principle of equal pay for equal

work or work of equal value, as established in these regulations,

arising on, or after the date of coming into force of these regulations.

(1)

Notwithstanding any other provision of these

regulations, where a worker has been seconded or supplied to a

parastatal entity or a Government entity consequent to the closure of

any other parastatal or Government entity, and where a collective

agreement applicable to such worker remains in force as at the date of

the coming into force of these regulations, such worker shall not be

entitled to institute any proceedings of whatsoever nature under these

regulations in relation to any difference in pay for equal work or work

of equal value, solely in relation to the parastatal entity or a

Government entity to which such worker was seconded or supplied,

for such period during which the said collective agreement remains in

force under the conditions established in such collective agreement,

which shall include, for avoidance of any doubt, any transitory clauses

extending the terms of such collective agreement until a new collective

agreement is entered into.

(2)

The provisions of sub-regulation (1) shall apply, mutatis

mutandis, to any other worker employed by an entity to which a

worker has been seconded or supplied in the manner specified in sub-

regulation (1), in relation to any difference in pay for equal work or

work of equal value, solely in relation to employees who have been

seconded or supplied with such entities.

(3)

The provisions of sub-regulations (1) and (2) shall

constitute temporary transitional measures for the purpose of

regulating collective agreements between employers and workers

which are in force as at the date of the coming into force of these

regulations.

(4)

Upon the expiry of a collective agreement referred to in

regulation 22(1), a seconded or supplied worker, shall be entitled to the

same pay and benefits as those applicable to employees of the entity to

which he is seconded or supplied.

(5)

In the case of parastatal entities or a Government entities,

a seconded or supplied worker who enjoys pay or conditions of service

which are more favourable than those applicable to employees of the

entity to which he is placed with shall only be entitled to receive such

pay or conditions of service where such worker performs duties which

are dissimilar to, or additional to, the duties performed by employees

of the said entity based on objective criteria.

(6)

The terms of any collective agreement in force at the

time of the coming into force of these regulations, in accordance with

the conditions established in such collective agreement, which shall

include, for the avoidance of any doubt, any transitory clauses

extending the terms of such collective agreement until a new collective

agreement is entered into, shall be considered to be valid and

compliant with the terms of these regulations. During such period, no

recourse shall lie against an employer in so far as such recourse relates

to any possible breach of the terms of this regulation arising as a result

of any terms agreed in such collective agreement. For the avoidance of

doubt any action pursuant to any difference in pay for equal work or

work of equal value, resulting from the breach of such collective

agreement shall be permissible.