L.S. 452.133 Regolamenti dwar Ħaddiema Temporanji permezz ta’ Aġenzija

(1)The title of these regulations is the Temporary Agency Workers Regulations. Citation and scope.

(2)The scope of these regulations is to transpose the relevant provisions of Directive 2008/104/EC of the European Parliament and of the Council of 19 November 2008 on temporary agency work. 2.

(1)In otherwise requires:– these regulations, unless the context "the Act" means the Employment and Industrial Relations Act; "assignment" means the period during which the temporary agency worker is placed at the user undertaking to work temporarily under its supervision, direction and control; "outsourcing agency" means any natural person or a legal person whose objects include the carrying out of all the relevant activities as well as all activities ancillary or incidental thereto, but do not include objects which are not compatible with the services of an outsourcing agency, that enters into contracts of employment or employment relationships with employees and that assigns, whether on a regular or on an irregular basis, the employees to user undertakings to work there temporarily, by being physically present at the premises of the user undertaking or working remotely, under the supervision, direction and control of the outsourcing agency, or when the assignment is at the discretion of the outsourcing agency whether or not such activity is the main or ancillary activity of the outsourcing agency; "temporary agency worker" means a worker who has entered into a contract of employment or an employment relationship with a temporary work agency and who is assigned, whether on a regular or on an irregular basis, to a user undertaking to work temporarily under its supervision, direction and control; "temporary work agency" means any natural person or legal person whose objects include the carrying out of the relevant activities as well as all activities ancillary or Interpretation. Amended by: L.N. 125 of 2025. Cap. 452. 2 [ S.L. 452.133 TEMPORARY AGENCY WORKERS incidental thereto, but do not include objects which are not compatible with the services of a temporary work agency, that enters into contracts of employment or employment relationships with temporary agency workers and that assigns, whether on a regular or on an irregular basis, the temporary agency workers to user undertakings to work there temporarily under their supervision, direction and control, whether or not such activity is the main or ancillary activity of the temporary work agency; "user undertaking" means any natural or legal person for whom and under the supervision, direction and control of whom a temporary agency worker works temporarily.

(2)Subject to the provisions of sub-regulation

(1), terms and expressions used in these regulations shall, unless the context otherwise requires have the meaning assigned to them in the Act. Applicability. 3.

(1)These regulations shall apply to: (

1. a)workers who have entered into a contract of employment or an employment relationship with a temporary work agency, whether on an indefinite, whole-time, parttime or fixed term basis, who are assigned, whether on a regular or on an irregular basis, to user undertakings to work temporarily under their supervision, direction and control; (
2. b)public and private undertakings engaged in economic activities, whether or not they are operating for gain, which are temporary work agencies or which perform the same functions as temporary work agencies, whether as a main or as an ancillary function or which are user undertakings.

(2)For all intents and purposes of the Act, any regulations made thereunder or under any other law, the temporary work agency shall be considered the employer of the temporary agency worker, and such temporary agency worker shall be considered the employee of the said temporary work agency, and the provisions contained therein shall apply mutatis mutandis to such a contract of employment or employment relationship, and that notwithstanding a n y t h i n g t o t h e c o n t r a r y, t h e u s e r u n d e r t a k i n g s h a l l n o t beconsidered as the employer of the temporary agency worker.

(3)These regulations shall not apply: (

1. a)to employment contracts or relationships concluded under a specific public or publicly supported vocational training, integration or retraining programme; and TEMPORARY AGENCY WORKERS [ S.L. 452.133 (
2. b)in each of the cases where a licence is not required under the Employment Agencies Regulations.  S.L. 452.130.

(4)In the event of any difference in the basic working and employment conditions applicable in any individual contract or in any collective agreement applicable by virtue of the employment relationship arising between the temporary agency worker and the temporary work agency and those applicable at a user undertaking, the most favourable basic working and employment conditions shall prevail and be applicable to the temporary agency worker. 4.

(1)The basic working and employment conditions of temporary agency workers shall be, for the duration of their assignment at a user undertaking, at least those that would apply if they had been recruited directly by that undertaking to occupy the same job, by virtue of the Act or any regulations issued thereunder or under any o t h e r l e g i s l a t i o n o r b y v i r t u e o f a n y a p p l i c a b l e c o l l e c t i v e agreement.

(2)For the purposes of these regulations, the term "basic working and employment conditions" means such conditions as limitedly relate to: (

1. a)rate of remuneration; (
2. b)the duration of working time; (
3. c)overtime; (
4. d)rest breaks; (
5. e)rest periods; (
6. f)night work; (
7. g)statutory annual leave entitlements; (
8. h)public holidays; (
9. i)the protection of pregnant women, women who have just given birth or who are breastfeeding; (
10. j)the protection of children and young people; and (
11. k)equal treatment for men and women and any action to combat any discrimination based on sex, race or ethnic origin, religion, beliefs, disabilities, age or sexual orientation.

(3)For the purposes of sub-regulation

(2)(a), "rate of remuneration" means remuneration or earnings payable to the worker by such worker’s employer, that are, the basic wage, any statutory cost of living increase payable under the Act or under any other law, any statutory bonuses, statutory allowances and any other Equal treatment. 3 4 [ S.L. 452.133 TEMPORARY AGENCY WORKERS allowances payable under the Act or under any other law, the payment for overtime work at the applicable rate, payment in respect of public holidays, payment in respect of annual leave, payment in respect of maternity leave and any applicable shift allowances.

(4)regulation: Without prejudice to the foregoing provisions of this (

1. a)the provisions of article 27 of the Act shall not apply to temporary work agencies to the extent that any inequality may arise from any difference in the rate of remuneration; and (
2. b)no claim for any discriminatory treatment may be made by any temporary agency worker to the extent that any inequality may arise from any difference in the basic working and employment conditions, of temporary agency workers engaged by the same temporary work agency who work in the same class of employment, in the event that:(
3. i)any such temporary agency workers are assigned with different user undertakings in order to perform their work; and, or (
4. ii)any such temporary agency workers are not assigned with any user undertaking when any such difference arises in comparison with other temporary agency workers who are so assigned: Provided that if the rate of remuneration and, or basic working and employment conditions of the temporary agency worker are more favourable than those of a comparable employee of the user undertaking, the rate of remuneration and, or basic working and employment conditions of the temporary agency worker shall prevail and be applicable to the temporary agency worker. Provided further that, in such case, employees engaged directly by the user undertaking shall have no right to claim a breach of the principle of work of equal value or on the basis of discriminatory treatment, in relation to the circumstances contemplated in this proviso: Provided further that if the rate of remuneration and, or the basic working and employment conditions of the temporary agency worker are less favourable than those of a comparable employee of the user undertaking, the rate of remuneration and, or the basic working and employment conditions of the comparable employee of the user undertaking shall prevail and be applicable to the temporary agency worker, whereupon every measure shall be taken to ensure that the rate of remuneration and, or basic working and employment conditions are TEMPORARY AGENCY WORKERS [ S.L. 452.133 5 adjusted accordingly. In default, temporary agency workers shall have a right to file a claim against their employer for failing to comply with this obligation.

(5)Notwithstanding the provisions of this regulation, if the temporary agency workers or employees within a user undertaking be covered by collective agreements where any such agreement provides more favourable rates of remuneration and, or basic working and employment conditions than another, the collective agreement with the most favourable rates of remuneration and, or basic working and employment conditions shall prevail and be applicable to the temporary agency workers.

(6)No provision within these regulations shall be interpreted to permit any form of direct or indirect pay discrimination based on gender among employees, including temporary agency workers. 5.

(1)The user undertaking shall inform the temporary agency worker assigned to it of any vacant posts in the user undertaking in order to give such worker the same opportunity as other workers in that undertaking to find permanent employment. Access to employment.

(2)The information w i t h r e g a r d t o v a c a n t p o s t s mentioned in sub-regulation

(1)shall be displayed in a suitable place in the user undertaking and shall be given in a timely manner in order to allow the worker to apply for the vacancy.

(3)Any clause in any contract or agreement prohibiting or having the effect of preventing the conclusion of a contract of employment or of an employment relationship between a user undertaking and a temporary agency worker shall be null and void. 6.

(1)No payments or charges shall be demanded or levied on any temporary agency worker by the temporary employment agency, in consideration for recruitment by a user undertaking or in consideration for concluding a contract of employment with a user undertaking or for the assignment to a user undertaking as stipulated in this regulation. No payment shall be demanded.

(2)No deductions shall be made from the wages of a temporary agency worker by the temporary employment agency whether in consideration of the circumstances mentioned in subregulation

(1), or in consideration of other circumstances, except and in so far as such deductions are permissible under the Act and the regulations issued thereunder. 7. Without prejudice to the provisions of regulation 4: (

1. a)the temporary agency worker shall be given access to the amenities or collective facilities in the user undertaking, in particular any canteen, child care facilities Training and access to facilities. 6 [ S.L. 452.133 TEMPORARY AGENCY WORKERS and transport services, under the same conditions as workers who have been employed directly by the user undertaking, unless the difference in treatment is justified by objective reasons; (
2. b)the temporary agency worker shall be entitled to participate in vocational training programmes provided by, or on behalf of the user undertaking in the same manner as workers who have been employed directly by the user undertaking, unless the difference in treatment is justified by objective reasons: Provided that these rights do not prejudice the right of the temporary agency worker to have access to such facilities at the temporary w o r k a g e n c y a n d t o p a r t i c i p a t e i n a n y t r a i n i ng programme provided by the temporary work agency between assignments. Representation rights.      S. L. 452.85. S.L. 452. 96.     S. L. 452.80. 8. The temporary agency worker, only in so far as the temporary work agency is concerned, is to be included in the calculations for determining thresholds for the purposes of worker representation, for the purposes of information and consultation rights in terms of article 38 of the Act, of the Transfer of Business (Protection of Employment) Regulations, and of the Employee (Information and Consultation) Regulations, and for the purpose of determining a collective redundancy in accordance with article 37 of the Act and the Collective Redundancies (Protection of Employment) Regulations. Information to worker representatives. S. L. 452.96. 9. Without prejudice to the Act and to the regulations issued thereunder, and in particular to the Employee (Information and Consultation) Regulations, the user undertaking must provide suitable information on the use of temporary agency workers when p r o v i d i n g i n f o r m a t i o n o n t h e e m p l o y m e n t si t u a t i o n i n that undertaking to bodies representing workers in terms of the Act and of regulations issued thereunder. Right to receive a written declaration. 10.

(1)It shall be the duty of the temporary work agency to provide a written declaration to a temporary agency worker who requests such declaration in writing and who considers that the agency may have treated such worker in a manner which breaches the provisions of regulation 4.

(2)Such declaration shall state the reasons for any difference in treatment and shall be provided within twenty-one

(21)days from the date of the request.

(3)A written declaration made in terms of this regulation shall be admissible as evidence in any proceedings under these regulations. TEMPORARY AGENCY WORKERS [ S.L. 452.133 11.

(1)The temporary agency worker may file a complaint to the Industrial Tribunal alleging that the temporary work agency has infringed a right conferred on such worker by these regulations. 7 Complaints to the Industrial Tribunal.

(2)Without prejudice to the disposition of sub-regulation

(3), the Industrial Tribunal shall not consider a complaint filed in terms of this regulation provided that said complaint is not filed within four

(4)months, which shall run from the date of the least favourable treatment.

(3)Where the worker files a complaint under this regulation and the agency claims that the treatment is justified on objective grounds, it shall be incumbent on the agency to prove that the less favourable treatment is so justified on objective grounds. 12. Any person contravening the provisions of these regulations shall be guilty of an offence and shall on conviction, be liable to a fine of not less than five hundred euro (€500) and not exceeding two thousand and three hundred and twenty-nine euro (€2,329). Punishments. 13.

(1)The provisions of regulations 3 to 12 shall apply mutatis mutandis to any outsourcing agency and its employees, where the outsourcing agency assigns employees to user undertakings to work there temporarily, by being physically present at the premises of the user undertaking or working remotely, under the supervision, direction and control of the outsourcing agency, whether or not such activity is the main or ancillary activity of such outsourcing agency, and this shall be without prejudice to any other relevant provisions in any regulations, orders or other subsidiary legislation made under the Act or any other law, including but not limited to the Employment Agencies Regulations: Extension of applicability of these regulations. Amended by: L.N. 125 of 2025.           S.L. 594.18. Provided that for the purposes of regulation 4, the assessment of the basic working and employment conditions of employees of outsourcing agencies, in the event that their assignment with a user undertaking took place before the 1st of January 2025, shall be assessed as if they had been assigned to that user undertaking as of the 1st of January 2025: Provided further that for the purposes of regulation 5, access to employment within the user undertaking by employees of outsourcing agencies, when such user undertaking forms part of the public service as defined in the Constitution, or is a body established by the Constitution or by or under any other law, or with any partnership or other body in which the Government, or any such body as aforesaid, have a controlling interest or over which it has effective control, shall be provided without prejudice to article 110 of the Constitution.

(2)For the purpose of this regulation, any reference to 8 [ S.L. 452.133 TEMPORARY AGENCY WORKERS temporary agency workers shall be construed as referring to employees of outsourcing agencies.