INFORMATION TO EMPLOYEES REGULATIONS *

SUBSIDIARY LEGISLATION 452.83

INFORMATION TO EMPLOYEES REGULATIONS *

1st January, 2003

LEGAL NOTICE 431 of 2002, as amended by Legal Notices 427 of 2007

and 426 of 2012.

The title of these regulations is the Information to

Employees Regulations.

These regulations shall apply to every paid employee of

every employer as defined in the Employment and Industrial

Relations Act, hereinafter referred to as the Act, but shall not apply

to

(a) employees who are engaged by an employer for a total

duration which does not exceed one month, or

(b) employees who are engaged by an employer for a

working week which does not exceed a total of eight

hours; or

(c) employees who have been employed to perform a

specific defined task, on condition that the non-

application is justified by objective considerations.

In those cases where a written contract of employment has

been signed between the employer and the employee, the employer

shall be bound to deliver to the employee a signed copy of the

agreement by not later than eight working days from the date of the

contract.

In those cases where no written contract of employment

has been signed between the employer and the employee, and, or in

those cases where the written contract does not cover all or some of

the information required to be notified to the employee by these

regulations, the employer shall be bound to give or send to the

employee a letter of engagement or a signed statement, by not later

than eight working days from the commencement of employment

and which shall include the following information

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

business of the employer and a legally valid

identification document number, sex 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;

*These Regulations have been repealed by Legal Notice 267 of 2022.

(b) the date of commencement of employment;

(c) the period of probation;

(d) normal rates of wages payable;

(e) the overtime rates of wages payable;

(f)

the normal hours of work;

(g) the periodicity of wage payments;

(h) in the case of a fixed term contract of employment, the

expected or agreed duration of the contract period;

(i)

the paid holidays, and the vacation, sick and other

leave to which the employee is entitled;

(j)

the conditions under which fines may be imposed by

the employer;

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

which the employee is employed;

(l)

the notice periods to be observed by the employer and

the employee should it be the case;

(m) the collective agreement, if any, governing the

employee’s conditions of work; and

(n) any other relevant

or

applicable

condition

of

employment

Provided that if any of the above information is regulated

by any law, regulation, national standard order, sectoral regulation

o rd e r or co lle c t iv e agreement, the i nformation may, where

appropriate, be given in the form of a reference to the laws,

regulations, orders or collective agreements governing that same

information

Provided further 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.

In the case of an employee required to work in a country

other than Malta for a period exceeding one month, the documents

referred to in regulations 3 and 4 shall be in the employee’s

possession before departure from Malta and shall include the

following additional information

(a) the duration of the employment abroad;

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

remuneration;

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

attendant on the employment abroad; and

(d) where appropriate, the conditions governing the

employee’s repatriation.

(1) Without prejudice to the provisions of the Act, if, after

the commencement of employment, the details or the conditions of

employment listed in regulations 4 or 5 are amended or modified,

the employer shall be bound to notify the employee of the changes

by means of a signed statement which must be delivered to the

employee by not later than eight working days from the date when

the changes come into effect.

(2) The employer shall not be obliged to notify the employee in

accordance with subregulation (1), if the amendment or

modification of the conditions of employment are the result of a

change in laws, regulations or a collective agreement regulating the

place of work.

All those employees who are already in employment on the

date of coming into force of these regulations, and who are not in

possession of the information specified in regulations 4 or 5, shall

be entitled to demand such information and the employer shall be

obliged to provide such information by not later than two months

after the demand made by the employee.

A copy of any written contract of service or statement or

letter of engagement, as is referred to in these regulations, shall be

kept by the employer.

(1) Every employer shall keep a register or registers

showing, in respect of each employee

(a) the name, address, sex, a legally valid identification

document number and date of birth of the employee;

(b) the occupation of the employee;

(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 employee is employed;

(f)

the time, paid for overtime or higher rates, during

which the employee is employed;

(g) the periods of daily and weekly rest accorded to the

employee;

(h) the total wages paid to the employee each week; and

(i)

any change or update in the conditions of the

employee’s occupational status.

(2) In the case of employees 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, sex, 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 employee;

(f)

the place or places where the employee 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 employees 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

for Employment and Industrial Relations with any information

which the Director may request in connection with the conditions

of employment of the employees including but not limited to

(a) the name, sex, 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 employees.

Any person contravening the provisions of these

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

conviction to a fine of not less than one hundred and sixteen euro

and forty-seven cents (116.47) and not more than one thousand and

one hundred and sixty-four euro and sixty-nine cents (1,164.69).