Unpaid wages: how to claim what you are owed
In Malta wages must be paid in full and at regular intervals. If your employer has not paid your wages, overtime, or other amounts due, this is a breach of the Employment and Industrial Relations Act. You can complain to the labour authorities and, where needed, pursue the claim before the competent tribunal or court.
Key facts
Deadline
Act promptly, as claims for wages are subject to limitation periods. Raise the matter with the Department of Industrial and Employment Relations as soon as wages are late.
What to do
- Gather your contract, payslips, timesheets and any record of hours worked and amounts unpaid.
- Write to your employer stating the exact sums owed and requesting payment by a set date.
- Lodge a complaint with the Department of Industrial and Employment Relations (DIER), which enforces wage rules.
- Calculate all amounts due, including basic pay, overtime, leave in lieu and statutory bonuses.
- If unpaid, pursue the claim through the appropriate tribunal or civil court.
- Keep working relationships documented in writing to avoid disputes about what was agreed.
What to watch out for
- Waiting too long may run into limitation periods for wage claims.
- Leaving your job without documenting unpaid amounts can make recovery harder.
- Cash payments without payslips are difficult to prove; keep every record.
- Do not sign a settlement stating you have been paid in full if you have not.
Legal basis
Frequently asked questions
How often must wages be paid?
Wages must be paid at regular intervals as required by the Employment and Industrial Relations Act (Cap. 452). Late or partial payment is a breach.
Who enforces unpaid wage rules?
The Department of Industrial and Employment Relations (DIER) enforces conditions of employment, including wages, under Cap. 452.
Does unpaid overtime count?
Yes. Overtime and other amounts due under your conditions of employment form part of what the employer must pay under the Employment and Industrial Relations Act (Cap. 452).