Chapter 452

(1)In this Act, unless the context otherwise requires - "act" and "action" each includes omission and references to doing an act or taking action shall be construed accordingly; "class" when used in the context of a group or a category of employees shall refer to the groups or categories listed in a collective agreement: Provided that where there is no collective agreement or where a collective agreement does not stipulate groups or categories of employees, it shall refer to the work performed or expected to be performed independently of the title or name given to the post; "collective agreement" means an agreement entered into between an employer, or one or more organisations of employers, and one or m o r e o rg a n i s a t i o n s o f e m p l o y e e s r e g a r d i n g c o n d i t i o n s o f employment in accordance with the provisions of any law in force in Malta; " c o m p a r a b l e w h o l e - t i m e em p l o y e e " m e a n s a w h o l e - t i m e employee in the same establishment who is engaged in the same or similar work or occupation, due regard being given to other considerations including seniority, qualification and skills: Provided that where there is no comparable whole-time employee in the same establishment, the comparison shall be made by reference to collective agreements covering similar comparable whole-time employees in other establishments: Provided further that where there is no applicable collective agreement, reference shall be made to law or in default of provision by law to the prevailing practice as may be established by the Employment Relations Board; "conciliator" means a person appointed as such under article 68; "conditions of employment" means wages, the period of employment, the hours of work and leave and includes any conditions related to the employment of any employee under a contract of service including any benefits arising therefrom, terms of engagement, terms of work participation, manner of termination of any employment agreement and the mode of settling any differences which may arise between the parties to the agreement; but it does not include professional ethics arising from any professional relationship between an employer and an employee; "contract of service" and "contract of employment" means an agreement, (other than service as a member of a disciplined force except as may be provided in or under this Act) whether oral or in writing, in any form, whereby a person binds himself to render service to or to do work for an employer, in return for wages, and, in so far as conditions of employment are concerned, includes an agreement of apprenticeship: EMPLOYMENT AND INDUSTRIAL RELATIONS Provided that unless otherwise specifically referred to in another law, in this Act or in any regulations made under this Act, irrespective of the declared nature of the relationship, whenever the employer exercises effective direction, control and choice over the nature of the work or the tasks being or to be performed by a person for the employer, that relationship shall be considered to be one of a contract of service and the person carrying out the work shall be deemed to be an employee of the employer; "Council" means the Joint Negotiating Council established by article 72; "court of inquiry" means a person or persons appointed as a court of inquiry under article 69; "delivery" means the birth of a child, whether alive or stillborn, occurring from the twenty second (22nd) week of pregnancy onwards; "Director" means the Director General responsible for Employment and Industrial Relations; "disciplined force" has the same meaning as is assigned to it by article 47 of the Constitution of Malta and includes the Assistance and Rescue Force established by virtue of the Civil Protection Act; "discriminatory treatment" means any distinction, exclusion or restriction which is not justifiable in a democratic society including discrimination made on the basis of marital status, pregnancy or potential pregnancy, sex, colour, disability, religious conviction, political opinion or membership in a trade union or in an employers’ association; "employee" means any person who has entered into or works under a contract of service, or any person who has undertaken personally to execute any work or service for, and under the immediate direction and control of another person, including an o u t w o r k e r, b u t e x c l u d i n g w o r k o r s e r v i c e p e r f o r m e d i n a professional capacity or as a contractor for another person when such work or service is not regulated by a specific contract of service; "employer" includes a partnership, company, association or other body of persons, whether vested with legal personality or not; "employment agency" and "employment business" means a natural or legal person carrying out any activity in Malta: (a) for the recruitment of persons for employment in Malta or outside Malta; (b) as a temporary work agency; or (c) as an outsourcing agency; and in the case of a legal person whose objects in their memorandum of association include the carrying out of the relevant activities as well as activities ancillary or incidental thereto, but do not include objects which are not compatible with the services of an employment agency or employment business; "employment relationship" means any "contract of service" or "contract of employment" as defined in this Act; EMPLOYMENT AND INDUSTRIAL RELATIONS "employees’ representative" for the purposes of articles 35, 36

(14), 37 and 38 means the recognized union representative: Provided that, where there exists no recognised union, the terms shall mean such representative of the union representing the employees, notwithstanding that in the case of non-unionised employees, the terms shall mean such representative duly elected from amongst the non-unionised employees, by means of a secret ballot called for such purpose by the employer; "employers’ association" means an organisation consisting wholly or mainly of employers and of which the principal purpose is by its rules the regulation of relations between employers and workers or trade unions; "employment", in relation to a trade dispute, includes any relationship whereby one person does work or performs services for another (other than a service as a member of a disciplined force); "hours of work" means the time on any day during which employees are available for service to the employer, exclusive of the intervals allowed for meals and rest; "Industrial Tribunal" means the Industrial Tribunal set up under Title II of this Act; "Minister" means the Minister from time to time responsible for Employment and Industrial Relations; "national standard order" means an order made under this Act regulating the conditions of employment of employees in general; "outsourcing agency" means a natural or legal person, and in the case of a legal person whose objects in its memorandum of association include the carrying out of the relevant activities as well as all activities ancillary or incidental thereto, but do not include such objects which are not compatible with the services of an outsourcing agency, who enters into contracts of employment or employment relationships with employees and who 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, whether or not such activity is the main or ancillary activity of the outsourcing agency; "outworker" means a person to whom articles, materials or services of any nature are given out by an employer for the performance of any type of work or service where such work or service is to be carried out either in the home of the outworker or in some other premises not being premises under the control and management of that other person; "overtime" means any hours of work in excess of the normal hours of work; "parent" includes an adoptive parent or any person who has the legal custody of a child; "part-time employee" means an employee whose normal hours of EMPLOYMENT AND INDUSTRIAL RELATIONS work, calculated on a weekly basis or on an average over a period of employment of up to one year, are less than the normal hours of work of a comparable whole-time employee and who is not a whole-time employee with reduced hours; "period of employment" means the time in any day during which employees are available for service to the employer, but inclusive of the intervals allowed for meals and rest; "personal injury" includes any disease and any impairment of a person’s physical or mental condition; "prescribed" means prescribed by this Act or by or under rules or regulations made under this Act; "pro rata" means the proportion that the weekly number of hours for which the employee is engaged bears to the number of weekly hours, excluding overtime, of a comparable whole-time employee; "public office", "public officer" and "public service" have the s a m e m e a n i n g a s i s a s s ig n e d t o t h e m b y a r t i c le 1 2 4 o f t h e Constitution of Malta; "recognised conditions of employment" are those conditions of employment recognised in terms of Part II of Title I of this Act; "recognition" for the purposes of this Act, shall mean the express recognition of a registered trade union by an employer or by an employers’ association for the purposes of collective bargaining; "recruitment of persons for employment" means a natural or legal person, and in the case of a legal person whose objects in its memorandum of association include the carrying out of the relevant activities as well as all activities ancillary or incidental thereto, but do not include such objects which are not compatible with the services of recruitment of persons for employment, that provides services for matching offers of and applications for employment, without the provider of recruitment of persons for employment becoming a party to the employment relationship that may arise from such services; "registered", in relation to a trade union or an employers’ association and to the rules thereof, means registered under this Act; "Registrar" means the Registrar of Trade Unions appointed or designated under article 52; "registration" means registration under this Act of a trade union or of an employers’ association and of the rules thereof; "sectoral regulation order" means an order made under this Act regulating the conditions of employment of a sector or class of employees; "self-employed persons" means all persons pursuing a gainful activity on their own account; "temporary work agency" means a natural or legal person, and in the case of a legal person whose objects in its memorandum of association include the carrying out of the relevant activities as well as all activities ancillary or incidental thereto, but do not include such EMPLOYMENT AND INDUSTRIAL RELATIONS objects which are not compatible with the services of a temporary work agency, who enters into contracts of employment or employment relationships with temporary agency workers and who assigns, 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; "third-country national" shall have the same meaning as assigned to it in article 2 of the Immigration Act; "trade dispute" means a dispute between employers and workers, or between workers and workers, which is connected with any one or more of the following matters: (a) terms and conditions of employment, or the physical conditions in which any workers are required to work; (b) engagement or non-engagement, or termination or suspension of employment or the duties of employment, of one or more workers; (c) allocation of work or the duties of employment as between workers or groups of workers; (d) matters of discipline; (e) facilities for officials of trade unions; (f) machinery for negotiation or consultation, and other procedures, relating to any of the foregoing matters, including the recognition by employers or employers’ associations of the right of a trade union to represent workers in any such negotiation or consultation or in the carrying out of such procedures; (g) the membership or non-membership of a worker in a particular trade union; "trade union" means an organisation consisting wholly or mainly of workers and of which the principal purpose is by its rules the regulation of relations between workers and employers or employers’ associations; "Tribunal" means the Industrial Tribunal established by article 73; "unfair dismissal", in relation to a worker, means:(a) the termination by the employer in respect of that worker of a contract of employment for an indefinite time (other than probationary employment as defined in this Act) being a termination which is not made solely on the grounds of redundancy or for a good and sufficient cause in accordance with the relevant provisions of this Act or any regulations prescribed hereunder, or (b) which is made in contravention of the provisions of article 64

(4), or (c) which, though made on grounds of redundancy or for a good and sufficient cause, is discriminatory as defined EMPLOYMENT AND INDUSTRIAL RELATIONS in this Act or any regulations prescribed hereunder; and includes any failure by the employer to re-employ such person or to re-employ him as provided in article 36

(3), or (

1. d)the termination by the employer in respect of that worker of a contract of employment for a fixed term: Provided that the expiration of a fixed term contract of employment shall not be deemed to be a termination of the fixed term contract of employment; "wages" means remuneration or earnings, payable by an employer to an employee and includes any bonus payable under article 23 other than any bonus or allowance related to performance or production; "weekly day of rest" means a period of twenty four consecutive hours starting from the time when the employee normally commences his term of duty; "whole-time employee" means an employee who is deemed to be a whole-time employee in terms of any recognised conditions of employment; "whole-time employee with reduced hours" means a whole-time employee who in agreement with the employer works for less than the number of hours of work applicable in terms of the recognised conditions of employment to a whole-time employee, provided that such employment is the principal employment of the employee, in respect of which social security contributions are payable; "worker" has the same meaning as "employee" but for the purposes of Title II of this Act, "worker" means an employee who works or normally works or seeks to work (
2. a)under a contract of employment; or (
3. b)under any contract (whether express or implied and, if express, whether oral or in writing) whereby he undertakes to do or perform personally any work or services for another party to the contract who is not a professional client of his; or (
4. c)in employment under or for the purposes of a department of Government, otherwise than as a member of a disciplined force, in so far as any such employment does not fall within paragraph (
5. a)or (
6. b)of this definition, and in relation to a trade dispute to which an employer is a party, "worker" includes any worker even if not employed by that employer.

(2)For the purposes of this Act, a dispute to which a trade union or an employers’ association is a party shall be treated as a dispute to which workers or, as the case may be, employers are parties.

(3)Any provision of this Act requiring compliance with or observance of any provision of this Act (however such requirement is worded), or making provision with respect to any contravention EMPLOYMENT AND INDUSTRIAL RELATIONS thereof, shall be construed as requiring compliance with and observance of, or as equally applicable to, any provision of any regulation or rule made under this Act.

(4)The masculine gender includes the feminine and the singular includes the plural, unless the context otherwise requires. Extension of applicability to exclusive economic zone area or environment protection area. Added by: XXXV.2023.

1. 2A. The provisions of this Act and of any subsidiary legislation made thereunder shall also apply, in accordance with the provisions of the 1982 United Nations Convention on the Law of the Sea as ratified by the Law of the Sea (Ratification) Act, to an exclusive economic zone area or an environment protection area as defined in the Exclusive Economic Zone Act. Any artificial island, installation, structure, equipment or device therein shall, solely for the purposes of this Act and any subsidiary legislation made thereunder, be treated as if they were situated in Malta itself. TITLE I EMPLOYMENT RELATIONS PART I EMPLOYMENT RELATIONS BOARD Employment Relations Board. Amended by: XXXIII. 2016.
2. 3.

(1)A Board to be designated Employment Relations Board and hereinafter referred to as the "Board", shall be appointed by the Minister.

(2)The Board shall be composed as follows: (

1. a)an independent chairperson; (
2. b)the Director responsible Industrial Relations who Chairperson; for Employment and shall act as Deputy (
3. c)four representatives of employees nominated by the Malta Council for Economic and Social Development from amongst the representative national workers’ organisations sitting on the said Council; (
4. d)four representatives of employers nominated by the Malta Council for Economic and Social Development from amongst the representative national employers’ organisations sitting on the said Council; and (
5. e)three other persons to be appointed by the Minister.

(3)The functions of the Board shall be (

1. a)to make recommendations to the Minister as to any national minimum standard conditions of employment, hereinafter referred to as a national standard recommendation, for eventual inclusion in a national standard order; (
2. b)to make recommendations to the Minister as to any sectoral conditions of employment, hereinafter referred to as a sectoral regulation recommendation, for eventual inclusion in a sectoral regulation order; (
3. c)to advise the Minister on any matter relating to EMPLOYMENT AND INDUSTRIAL RELATIONS conditions of employment, or on any matter referred to the Board by the Minister: (
4. d)to carry out the functions assigned to it by article 73 and any other function that may be assigned to it by law from time to time.

(4)The Minister shall appoint a public officer to act as secretary to the Board.

(5)Subject to the provisions of this Act and to any regulations made thereunder the Board shall regulate its own procedure: Provided that the Chairperson of the Board shall not vote unless on any question the votes are equally divided, in which case he shall have and exercise a casting vote.

(6)The Board shall have the power to co-opt non voting members and to appoint sub-committees. PART II RECOGNISED CONDITIONS OF EMPLOYMENT 4.

(1)Where the Minister receives any national standard recommendation or any sectoral regulation recommendation he may, subject as hereinafter provided, make a national standard order or a sectoral regulation order, as the case may be, to be published in the Gazette, giving effect to the national standard recommendation or the sectoral regulation recommendation as from such date as may be specified in the order: Provided that the Minister may, if he thinks fit, before making an order as aforesaid, refer the national standard recommendation or the sectoral regulation recommendation received by him back to the Board and the Board shall thereupon reconsider it having regard to any observations made by the Minister and may, if it thinks fit, re-submit the national standard recommendation or the sectoral regulation recommendation to the Minister either without amendment or with such amendments as it thinks fit having regard to those observations.

(2)Any national standard recommendation and any sectoral regulation recommendation as well as any national standard order or sectoral regulation order for giving effect thereto, may make different provisions for different cases and may contain provisions for the amendment or revocation of previous national standard orders or sectoral regulation orders and may contain any incidental, supplemental or consequential provisions which may appear necessary for carrying out the provisions of any national standard order and any sectoral regulation order.

(3)No national standard order or sectoral regulation order shall have effect so as to prejudice any rights as to conditions of employment conferred on any employee by or under any law other than this Act or by or under any existing contract.

(4)Without prejudice to what is provided in the proviso to National Standard Orders and Sectoral Regulation Orders. EMPLOYMENT AND INDUSTRIAL RELATIONS article 42, if a contract between an employee to whom a national standard order or a sectoral regulation order applies and the employer or any collective agreement provides for conditions of employment less favourable to the employee than those specified in the order, it shall have effect as if for those conditions there where substituted the conditions specified in the order. Recognised conditions of employment. 5.

(1)The conditions of employment prescribed in a national standard order, or in a sectoral regulation order, or a collective agreement or determined by voluntary settlement or award under the Title II of this Act, or required to be observed by or under this Act, shall be the recognised conditions of employment for the employees concerned.

(2)Where the conditions of employment are prescribed in a collective agreement, the employer or employers being a party thereto shall, within fifteen days of the signing of such agreement, send to the Director a copy thereof duly authenticated.

(3)Non observance by an employer of conditions of employment established by a national standard order or by a sectoral regulation order shall be deemed to be an offence under this Act;

(4)Nothing in this article shall prejudice any rights the parties may have arising out of any contract of service or any collective agreement under the provisions of the Title II of this Act or any other law, including the Civil Code. Working hours and overtime.

1. The Minister may, after consultation with the Board, prescribe the maximum weekly working hours, including overtime, for employees, minimum periods of daily rest, weekly rest and annual leave, and may make different provisions for different classes of employees including any incidental, supplemental or consequential provisions as may be deemed necessary. Conditions of employment to be brought to notice.
2. On engagement of any employee, the employer shall explain to the employee the provisions of any recognised conditions of employment as may be applicable and shall deliver to the employee a written statement about such conditions as may be prescribed. Cost of living increases. Amended by: XVI. 2012.
4. Where a general increase in wages is granted by the Government to all its whole-time employees and such increase is declared by the Minister by notice in the Gazette to be of general application to all whole-time employees, every employer shall increase the wages of every whole-time employee in his employment by an amount equivalent or corresponding to the increase granted by the Government to its employees with effect from the date on which the increase granted by the Government in respect of its employees takes effect: Provided that, in the case of an employee who is entitled to pro rata benefits in accordance with this Act or any regulations issued hereunder, such employee shall be entitled to a portion of such cost of living increase on a pro rata basis. EMPLOYMENT AND INDUSTRIAL RELATIONS
5. In so far as conditions of employment are concerned, the provisions of the Health and Safety at Work Act and any regulations issued thereunder shall be deemed to form part of the recognised conditions of employment of employees to whom such provisions or regulations may apply and shall, on coming into force, have the same effect as if they were national standard orders or sectoral regulation orders. Health and safety at work. Amended by: XXXIII.
6. First Schedule.
7. The Minister may, after consultation with the Board, make regulations establishing minimum periods of maternity leave, parental leave and leave for urgent family reasons to which an employee shall be entitled and the conditions regulating such entitlement Maternity leave, parental leave and leave for urgent family reasons. PART III PROTECTION OF WAGES 11.

(1)Except where otherwise expressly permitted by the provisions of this Act, the entire amount of the wages earned by, or payable to, any employee shall be paid to him in money being legal tender in Malta, and every payment of, or on account of, any such wages made in any other form and any covenant in any contract providing for other form of payment shall be null and void: Wages to be paid entirely in legal tender to the employee. Amended by: XXXI.2025.3. Provided that payment of wages by cheque on a bank in Malta or payable to the Bank account of an employee shall be deemed to be payment in legal tender in cases in which payment in this manner is customary or necessary or is consented to by the employee concerned: Provided further that any wages earned by or payable to a third-country national shall be paid exclusively by means of a bank transfer to an account held in the name of the employee or through an electronic transfer facilitated by an accredited and licensed financial institution. This requirement shall apply to all third-country nationals whose employment commences on 1st October 2025 or subsequently.

(2)Wages shall be paid directly to the employees to whom they are due except as may otherwise be provided by any law or in virtue of an order made by a competent court or where the employee or employees concerned agree to the contrary. 12. No employer shall impose in any contract of service any terms as to the place in which, or the manner in which, or the person or persons with whom, any wages paid to the employee, or any part thereof, are to be spent or otherwise employed, and any such term contained in any such contract shall be null and void. Terms as to spending of wages. 13.

(1)Wages payable by an employer to an employee may not be assigned. Attachment or assignment of wages.

(2)Wages payable by an employer to an employee may not be attached save according to the provisions of articles 381, 382 and 849 of the Code of Organization and Civil Procedure.

(3)The provisions of sub-articles

(1)and

(2)shall not apply where the assignment or attachment is intended to ensure the payment of maintenance due to the spouse, or to a minor child or to EMPLOYMENT AND INDUSTRIAL RELATIONS a person with disability or to an ascendant of the employee. Interest on advances prohibited. 14. No employer shall make any deduction from wages by way of discount, interest or any charge of a similar nature in view of any advance of wages made to any employee in anticipation of the covenanted date of payment thereof. Deduction from wages. 15.

(1)Except where expressly permitted by the provisions of this Act or required by any other law, or where ordered by or in virtue of an order of a competent court, o r permitted in an agreement entered into between an employer or employers or an organisation of employers on the one hand and a trade union or trade unions representative of the employees concerned on the other, an employer shall not make any deductions nor enter into any contract with an employee authorising any deductions to be made from the wages to be paid by the employer to the employee.

(2)Unless expressly provided by or under this Act or any other law, an employer shall not compute as part of the wages of an employee any other benefit or income, even though granted or paid by the employer, which is payable on account of any cause other than the contract of service.

(3)Notwithstanding the provisions of this article, at the request in writing of an employee, the employer may make deductions from the wages of such employee for the purpose of a superannuation or thrift scheme or for any purpose in the carrying out of which the employer has no beneficial financial interest, direct or indirect.

(4)Deductions in the form of direct or indirect payments for the purpose of obtaining or retaining employment shall not be made f r o m t h e wag e s o f a n e m p l oy e e b y a n em p l oy e r, o r b y an y intermediary or labour contractor or recruiter. Subordinate contracts of service.

1. Where any contract of service contains conditions as to holidays better than the minimum established by law, no employer may enter into a subordinate contract of service providing for the payment to the employee in respect of any of such holidays of a daily rate lower than the normal daily rate applicable to such employee. Public holidays falling on weekly day of rest.
2. Where, in the case of whole-time employees, a public holiday other than a Sunday, falls on a weekly day of rest to which such employee is entitled, such employee shall be entitled to an additional day of vacation leave during the calendar year when such public holiday so falls on a weekly day of rest or on a Sunday in respect of each such public holiday. Remuneration other than wages.
3. Nothing in this Act shall prevent the making of any contract by an employer with an employee for giving to him food, a dwelling place or other allowances or privileges other than in the form of intoxicating liquor or noxious drugs, in addition to the minimum wages prescribed by a national standard order or a sectoral regulation order, or to a higher stipulated wage, for normal time and overtime, as a remuneration for the employee’s services. Fines. 19.

(1)Unless otherwise prescribed in a collective agreement, where - EMPLOYMENT AND INDUSTRIAL RELATIONS (

1. a)the terms of any written contract of service signed by the employees or the terms of a written statement signed by an employer in accordance with article 7 specify in detail the fine or fines to which the employee may become liable in respect of an act or omission; and (
2. b)the terms of any such contract or the terms of any such statement have been previously approved by the Director, it shall be lawful for the employer to make such deductions as may be authorised by such contract or such written statement.

(2)Notwithstanding the provision of sub-article

(1), where an employee fails without just cause to give to his employer the total number of hours of work as bound by the terms of any contract of service applicable to him, the employer shall not inflict on the employee any fine for such loss of work but may deduct from the total wages due to the employee that part thereof which corresponds to the work so lost.

(3)Where any fine or fines are imposed by a person or by a group of persons, however named, authorised to perform such function by the employer, such person or persons shall be liable for their acts, without prejudice to the liability of the employer, as if they were the employer.

(4)Unless otherwise prescribed in a collective agreement, when an employer suspends an employee from work and during the period of suspension does not pay him wages or pays him less than the wage to which the employee is entitled, the employer shall be deemed to have made a deduction from the wages of the employee by way of a fine equivalent to the amount underpaid to him in wages. 20. Notwithstanding the provisions of any other law any claim by any employee in respect of a maximum of three months of the current wage payable by the employer to the employee, and compensation for leave to which the employee is entitled, together with any compensation due to the employee in consideration of the termination of employment, or any notice thereof, shall constitute a privileged claim over the assets of the employer and shall be paid in preference to all other claims whether privileged or hypothecary: Wages to be privileged debts. Provided that, in every case, the maximum amount of the privileged claim shall not exceed the equivalent of the national minimum wage payable at the time of the claim over a period of six months. 21.

(1)There is hereby established a Guarantee Fund (hereinafter referred to as "the Fund") for the purpose of guaranteeing payment of unpaid wages due by an employer to those employees whose employment is terminated because of the employer’s proved insolvency, which fund shall be regulated and administered in such manner as the Minister may prescribe.

(2)The Minister may, after consultation with the Minister of Guarantee fund. EMPLOYMENT AND INDUSTRIAL RELATIONS Finance and with the Board, prescribe regulations for the purpose of giving better effect to the provisions of this article; without prejudice to the generality of the foregoing, such regulations may establish (

1. a)the manner in which the Fund shall be set up and initially funded and for this purpose the Minister is authorised to endow the fund with such amount and for such period as the Minister may prescribe; (
2. b)the level of proof required in order to prove insolvency of the employer; (
3. c)the rate of contribution which the State, employers and employees shall contribute towards the continued funding of the Fund; (
4. d)the manner in which such Fund shall be administered; (
5. e)any class of employment that is precluded from making a claim under the Fund; (
6. f)the manner and the circumstances in which a claim may be made by an employee for payment from the Fund and the manner and the circumstances in which a claim shall be paid to an employee out of the Fund; (
7. g)the maximum amount which can be paid out of the Fund to any single claimant; (
8. h)the right of the Fund to be subrogated into the rights of the employee to whom an amount is paid from the said Fund; as well as the right of the Fund to claim refund of any amounts so paid, from the employer of the employee; (
9. i)the measures and procedures that may be required in order to prevent abuse.

(3)The Fund shall have a distinct legal personality and shall be capable of entering into contracts, of suing and being sued, and doing all such things and entering into such transactions as are incidental or conducive for the fulfilment of its objectives as may be prescribed by the Minister.

(4)The Fund shall be empowered to collect, recover and institute proceedings for the payment of sums due to it, in terms of the provisions of this Act.

(5)The legal and judicial representation of the Fund shall vest in the chairperson or in any other person as the Fund may authorise for this purpose. Employment Agencies Guarantee Fund. Added by: XLIII.2023.3. 21A.

(1)There shall be established an Employment Agencies Guarantee Fund (hereinafter referred to as the "Agencies Guarantee Fund") for the purpose of providing compensation to any employee of any temporary work agency or outsourcing agency, as the case may be, whose employment is terminated because of the revocation or nonrenewal of the licence in terms of the provisions of any applicable regulations, which Agencies Guarantee Fund shall be regulated and EMPLOYMENT AND INDUSTRIAL RELATIONS administered in such manner as the Minister may prescribe.

(2)The Minister may, after consultation with the Minister for Finance and with the Board, prescribe regulations for the purpose of giving better effect to the provisions of this article. Without prejudice to the generality of the foregoing, such regulations may establish: (

1. a)the manner in which the Agencies Guarantee Fund shall be set up and funded; (
2. b)the level of proof required for funds to be utilised; (
3. c)the manner in which the Agencies Guarantee Fund shall be administered; (
4. d)the manner and the circumstances in which the funds may be utilised; (
5. e)the right of the Agencies Guarantee Fund to claim reimbursement of any amounts so paid; and (
6. f)the measures and procedures that may be required in order to prevent abuse.

(3)The Agencies Guarantee Fund shall have a distinct legal personality and shall be capable of entering into contracts, of suing and being sued, and doing all such things and entering into such transactions as are incidental or conducive for the fulfilment of its objectives, as may be prescribed by the Minister.

(4)The Agencies Guarantee Fund shall be empowered to collect, recover and institute proceedings for the enforcement of the rights vested in it in terms of the provisions of this Act and of any regulations issued thereunder.

(5)The legal and judicial representation of the Agencies Guarantee Fund shall vest in the chairperson of that authority established to administer the Agencies Guarantee Fund or in any other person as the Agencies Guarantee Fund may authorise for this purpose. 21B.

(1)There shall be an appeals board to be called the "Employment Agencies Appeals Board" (hereinafter referred to as the "Appeals Board"), which shall exercise and perform the functions and powers assigned to it by law.

(2)The Appeals Board shall consist of a Chairperson and two

(2)other members selected by the Chairperson of the Appeals Board, who shall possess different experiences to bring to the Appeals Board knowledge, so far as equally possible, of the interests in the claims lodged. Said members shall be selected from a panel of persons Employment Agencies Appeals Board. Added by: XLIII.2023.3. EMPLOYMENT AND INDUSTRIAL RELATIONS appointed by the Minister to serve as members of the Appeals Board, whenever the need arises, which panel shall have more than two

(2)persons.

(3)The Minister shall appoint a panel of not less than two

(2)and not more than five

(5)persons to act as Chairpersons of the Appeals Board either in turn or in accordance with such distribution of duties and subject to such provisions as to inability to serve and other circumstances, as may be prescribed by the Minister.

(4)The Chairpersons and members shall satisfy the criteria according to sub-articles

(5)or

(6), and sub-articles

(7)and

(8)shall apply.

(5)The Chairperson shall be an advocate who, for a period or periods amounting in the aggregate to not less than seven

(7)years, has served as an advocate in Malta or served as a magistrate in Malta, or partly so practised and partly so served.

(6)Subject to any other provision in any other law related to the composition of the Appeals Board or to the qualifications of its members, the other members of the Appeals Board shall be persons who in the opinion of the Minister possess the necessary expertise and experience in the field of employment.

(7)The Chairperson and the other members of the Appeals Board shall hold office for a period of three

(3)years, and shall be eligible for re-appointment and may not be removed during their term of office except on grounds of proved inability to perform the functions of their office whether arising from infirmity of body or mind or any other cause, or proved misbehaviour.

(8)The Chairperson and other members of the Appeals Board shall receive such remuneration as may be determined in their instrument of appointment.

(9)An appeal in accordance with the provisions of sub-article

(11)shall be made to the Appeals Board in writing explaining clearly the grounds for the appeal by not later than thirty

(30)days from the date the decision or act in question has been notified to the aggrieved person, and the Director shall have thirty

(30)days from the date when it was served with such appeal to file his reply.

(10)The Appeals Board shall proceed to deal with any matter before it with utmost urgency and shall give its decision without delay.

(11)The request for the determination of the Appeals Board shall be whether, for the reasons adduced by the appellant, the Director has wrongly applied any of the provisions of the regulations issued under this Act in relation to employment agencies in his decision. EMPLOYMENT AND INDUSTRIAL RELATIONS

(12)The Appeals Board shall hold its sittings in public unless, having regard to the nature of the matter before it, the Appeals Board deems it fit and proper to conduct the proceedings or any part thereof behind closed doors. In any such case, the decision of the Appeals Board shall always be delivered in public. The address of the Appeals Board shall be any such address which may be in use from time to time as the head office of the department responsible for employment and industrial relations, and any correspondence shall be addressed to the Chairperson.

(13)The chairperson or other members of the Appeals Board may be challenged or may abstain from sitting in a case in those circumstances that would disqualify a judge in a civil lawsuit, and in such case the Chairperson or member shall be substituted by another member appointed by the Minister in accordance with sub-article

(2)or

(3)as the case may be.

(14)The Appeals Board shall have the power to summon witnesses and to administer the oath thereto, and to appoint any expert as it may deem necessary for the determination of the case before it. When the Director is to be summoned as a witness, the Director shall have the right to nominate any officer of the Director’s department to provide evidence, unless the evidence of the Director is required.

(15)(

1. a)All evidence shall be relevant to the matter in issue between the parties. (
2. b)In all cases the Appeals Board shall require the best evidence that the party may be able to produce. (
3. c)The Appeals Board shall disallow any evidence which it considers to be irrelevant or superfluous, or which it does not consider to be the best which the party can produce.

(16)Upon the hearing of an appeal made to it under any law, the Appeals Board shall have the power: (

1. a)to confirm, annul or vary the decision of the Director under any of the provisions of the regulations issued under this Act in relation to employment agencies and to give directions within its powers under this Act or any other law to the Director to implement the decision of the Appeals Board; (
2. b)to require the production of any document or other information; and (
3. c)the appeal. to order the payment of expenses by any party to

(17)An appeal from a decision of the Appeals Board shall lie to the Court of Appeal only on a question of law. An appeal shall be filed EMPLOYMENT AND INDUSTRIAL RELATIONS by not later than twenty

(20)days from the date of the decision of the Appeals Board. In the determination of such an appeal, the Court of Appeal shall have all the powers of the Appeals Board to make orders.

(18)The Minister may make regulations governing the procedure and fees for bringing and conducting appeals before the Appeals Board: Provided that in the absence of such regulations and subject to the rules of natural justice, the Appeals Board shall regulate its own procedure.

(19)The Minister responsible for justice may by regulations made under this sub-article establish the fees payable in the registry of the court for the filing of judicial acts in connection with appeals to the Court of Appeal under this article: Provided that until such fees are so established by the Minister responsible for justice, the fees established in Schedule A to the Code of Organization and Civil Procedure shall apply.

(20)An appeal made under this article shall not suspend the operation of any decision or directive from which the appeal is made: Provided that a decision to revoke, not to grant, or not to renew a licence, and any consequent forfeiture of the bank guarantee in terms of any of the provisions of the regulations issued under this Act in relation to employment agencies shall not become operative until the expiration of the period within which an appeal lies under this article and, if an appeal is made within such period, the decision shall become operative on the date of the decision of the Appeals Board dismissing the appeal or the date on which the appeal is abandoned: Provided further that where a licence in respect of which a decision to revoke has been made expires during the period within which an appeal lies under this article and, if an appeal is made within such period, the licence shall be deemed to be automatically extended on the same terms until the expiration of the period within which an appeal lies or, if an appeal is made within such period, until the date of the decision of the Appeals Board dismissing the appeal or the date on which the appeal is abandoned. Wages to be paid at regular intervals. 22.

(1)Every employer shall pay or cause to be paid wages to his employees at regular intervals which shall not exceed four weeks in arrears: Provided that the provisions of this sub-article shall not apply where an agreement is entered into between an employer or employers or organisations of employers on the one hand and trade union representatives of the employees concerned on the other, fixing other intervals for the payment of wages.

(2)On termination of a contract of service all wages EMPLOYMENT AND INDUSTRIAL RELATIONS outstanding and any compensation payable to the employee for leave entitlement unavailed of, shall be paid by the date of the next pay day determined under sub-article

(1)as if the contract had not been terminated.

(3)A settlement of accounts shall be made at least once a year by the employer in respect of employees whose wages consist of a share of profits or of a commission on sales or payments made or received by the employer. 23.

(1)Every employer shall pay, or cause to be paid, to each of his whole-time employees such statutory bonuses in the amount as may either be established by legal notice issued by the Minister of Finance by virtue of this article or as the Government may announce in the General Estimates of any particular year: Payment of bonus. Substituted by: XVI. 2012.

1. Provided that such statutory bonuses shall be paid between the 15 th and the 30 th day of the month of June and between the 15 th and 23rd day of the month of December of each year and shall be in the form of a sum of money which, in either case, shall not be less than one-half of that which the Government shall have announced in the general estimates of any particular year as payable by the Government to each of its employees during that year: Provided further that the employer shall also pay, or cause to be paid, to each of his whole-time employees any income supplements in the amount and at the times as may be established by legal notice issued by the Minister of Finance by virtue of this article: Provided further that, where any person has been in wholetime employment with any particular employer for a period of less than a year, such employee shall be entitled to receive from his employer, or from any of his employers, a proportionate amount of the bonus or income supplement and for the purposes of this article, the pro rata calculation shall be made on the basis of the annual hours worked: Provided finally that this article shall also apply to apprentices in a manner as may be specified in any applicable scheme under the Employment and Training Services Act.
2. Whole-time employees with reduced hours shall be paid not less pro ra ta than the wage applicable to a whole-tim e employee in similar employment, and they shall be also entitled to a share pro rata of (a) the entitlement of public holidays with pay and annual vacation leave; (b) the benefits contemplated in article 10; (c) any entitlement of injury leave; (d) any entitlement to statutory bonus, to which whole-time employees in similar employment with the same employer are entitled in terms of the recognised conditions of employment applicable to them. Whole-time employees with reduced hours. Part-time employees. EMPLOYMENT AND INDUSTRIAL RELATIONS 25.

(1)Part-time employees shall not be treated in a less favourable manner than comparable whole-time employees solely because they work part-time unless different treatment is justified on objective grounds.

(2)The Minister may, after consultation with the Board, prescribe regulations establishing: (

1. a)the conditions for qualification for pro rata entitlement to specific conditions of work, including the minimum number of hours which a part-time employee must work in order to qualify as well as the minimum period of service that may be required prior to qualification; (
2. b)the provision of timely information on the availability of part-time and whole-time positions in the place of work as well as access to vocational training or career advancement opportunities; (
3. c)any other matter which is deemed necessary in order to regulate the conditions of work of part-time employees as prescribed in sub-article

(1). PART IV PROTECTION AGAINST DISCRIMINATION RELATED TO EMPLOYMENT Discrimination and gender equality. Amended by: V. 2009.2. 26.

(1)It shall not be lawful for any person (

1. a)when advertising or offering employment or when advertising opportunities for employment or when selecting applicants for employment, to subject any applicants for employment or any class of applicants for employment to discriminatory treatment; (
2. b)in regard to employees already in the employment of the employer, to subject any such employees or any class of employees to discriminatory treatment, in regard to conditions of employment or dismissal.

(2)For the purposes of this article, discriminatory treatment shall include: (

1. a)the engaging or selection of a person who is less qualified than a person of the opposite sex, unless the employer can prove that the action was based on acceptable grounds related to the nature of the work or on grounds related to previous work performance and experience; (
2. b)actions which apply to an employee, terms of payment or employment conditions that are less favourable than those applied to an employee in the same work or work of equal value, on the basis of discriminatory treatment; (
3. c)actions whereby the employer knowingly manages the work, distributes tasks or otherwise arranges the working conditions so that an employee is assigned a clearly less favourable status than others on the basis EMPLOYMENT AND INDUSTRIAL RELATIONS of discriminatory treatment.

(3)The provisions of sub-articles

(1)and

(2)shall be without prejudice to the rights and obligations prescribed by the Equal Opportunities (Persons with Disability) Act, and shall not apply to any preference or exclusion which is reasonably justified taking into account the nature of the vacancy to be filled or the employment offered, or where a required characteristic constitutes a genuine and determining occupational requirement or where the requirements are established by any applicable laws or regulations.

(4)For the purposes of this article, the term "offering employment" includes recruitment or training of any person with a view to engagement in employment and in regard to a person already in employment, includes also promotion to a higher grade or engagement in a different class of employment

1. Employees in the same class of employment are entitled to the same rate of remuneration for work of equal value: Work of equal value. Provided that an employer and a worker or a union of workers as a result of negotiations for a collective agreement, may agree on different salary scales, 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; and Provided further that any distinction between classes of employment based on discriminatory treatment otherwise than in accordance with the provisions of this Act or any other law shall be null and of no effect.
2. It shall not be lawful to victimise any person for having made a complaint to the lawful authorities or for having initiated or participated in proceedings for redress on grounds of alleged breach of the provisions of this Act, or for having disclosed information, confidential or otherwise, to a designated public regulating body, regarding alleged illegal or corrupt activities being committed by his employer or by persons acting in the employer’s name and interests. Victimisation. 29.

(1)It shall not be lawful for an employer or an employee to harass another employee or to harass the employer by subjecting such person to any unwelcome act, request or conduct, including spoken words, gestures or the production, display or circulation of written words, pictures or other material, which in respect of that person is based on sexual discrimination and which could reasonably be regarded as offensive, humiliating or intimidating to such person. Sexual harassment. Amended by: XI.2026.2.

(2)It shall not be lawful for an employer or an employee to sexually harass another employee or the employer (hereinafter in this article referred to as "the victim") by: (

1. a)subjecting the victim to an act of physical intimacy; or (
2. b)requesting sexual favours from the victim; or (
3. c)subjecting the victim to any act or conduct with sexual connotations, including spoken words, gestures or the EMPLOYMENT AND INDUSTRIAL RELATIONS production, display or circulation of written words, pictures or other material where (
4. i)the act, request or conduct is unwelcome to the victim and could reasonably be regarded as offensive, humiliating or intimidating to the victim; (
5. ii)the victim is treated differently, or it could reasonably be anticipated that the victim could be so treated, by reason of the victim’s rejection of or submission to the act, request or conduct. Violence and harassment. Added by: XI.2026.3. 29A.

(1)Violence and harassment in a work environment shall be prohibited. Employees and employers shall endeavour to respect each other ’s right to a work environment free from violence and harassment.

(2)For the purposes of this article, the term: (

1. a)"employee" means: (
2. i)an employee; (
3. ii)a person in training, including interns, trainees, and apprentices, irrespective of whether the work is regulated by a contract, or the person is paid or unpaid; (iii) a person whose employment has been terminated; (
4. iv)a volunteer in terms of article 2

(1)of the Voluntary Organisations Act, even when such work or service is not regulated by a specific contract of service; (

1. v)a person who is a prospective employee on the basis that he is seeking employment; (
2. vi)a person who is a prospective employee on the basis that he is an applicant for employment; (vii) a person who is a prospective employee on the basis that he is a candidate for employment; (
3. b)"work environment" means: (
4. i)any workplace, including any space where work duties are performed, irrespective of its nature and whether it is public or private; (
5. ii)any place where the worker is paid, takes a rest break or a meal, or makes use of sanitary, washing and changing facilities; (iii) any work-related trip, travel, training, events or social activities; (
6. iv)through work-related communications, including those carried out using information and communication technologies; (
7. v)any accommodation provided by the employer; (
8. vi)any trip when a person commutes to and from work; (
9. c)"violence and harassment" means unacceptable behaviour, practices and omissions, or threats thereof, EMPLOYMENT AND INDUSTRIAL RELATIONS whether a single occurrence or repeated, that target, result in, or are likely to result in, physical, psychological, sexual or economic harm or suffering, and includes gender-based violence and harassment; (
10. d)"gender-based violence and harass-ment" means violence and harassment of a person by reason of their sex or gender, or which disproportionately affects persons of a particular sex or gender, and shall include "sexual harassment" as described in article 29, and "gender" shall have the same meaning as assigned to it by article 2 of the Gender-Based Violence and Domestic Violence Act.

(3)It shall not be lawful for an employer or an employee to act towards an employee, the employer, another employee or a prospective employee in a manner that is equivalent to violence and harassment in a work environment. Such actions may take any form, including but not limited to, requests, conduct, behaviour or interactions, whether physical, remote or online, and whether expressed orally, in writing, through images or by any other means or materials.

(4)It shall not be lawful for an employer or an employee to give rise to a circumstance or create an environment that permits or could permit violence or harassment in a work environment, or that may cause an employee, th e emplo yer, anoth er em ployee o r a p r o s p e c t i v e e m p l o y e e to feel uncomfortable or intimated, o r t o b e s u b j e c t e d t o an offensive or abusive atmosphere, or that breaches their right to a work environment free from violence and harassment. 30.

(1)A person who alleges that the employer is in breach of, or that the conditions of employment are in breach of articles 26, 27, 28, 29 or 29A, may within four months of the alleged breach, lodge a complaint to the Industrial Tribunal and the Industrial Tribunal shall hear such complaint and carry out any investigations as it shall deem fit.

(2)If the Industrial Tribunal is satisfied that the complaint is justified, it may take such measures as it may deem fit including the cancellation of any contract of service or of any clause in a contract or in a collective agreement which is discriminatory and shall order the payment of compensation for loss and damage sustained by the aggrieved party as a consequence of the breach.

(3)For the purposes of hearing and deciding cases of alleged discrimination, breaches of the principle of work of equal value, victimisation, sexual harassment or violence and harassment, the Industrial Tribunal shall be composed of a chairperson alone in the manner set out in article 73

(4).

(4)Any action taken by a complainant in accordance with the provisions of this article shall be without prejudice to any further action that such complainant may be entitled to take under any other applicable law and shall also be without prejudice to any other action to which the respondent may be subject in accordance with any other applicable law. Reference to Industrial Tribunal. Amended by: IX. 2003.123; V. 2009.3; XI.2026.

1. EMPLOYMENT AND INDUSTRIAL RELATIONS Power of Minister to make regulations. Amended by: XI.2026.
3. Subject to the foregoing, the Minister may, after consultation with the Board, prescribe regulations to give better effect to the provisions of articles 26, 27, 28, 29 and 29A and in particular for the elimination of any discriminatory practices in the employment or in the conditions of employment of any person or class of persons, for providing equal opportunities of employment for classes of persons who are at a disadvantage and to regulate access to the Industrial Tribunal and investigation and hearing by the Industrial Tribunal of complaints of alleged discrimination, breaches of the principle of work of equal value, victimisation, sexual harassment or violence and harassment. Offence. Amended by: L.N. 427 of 2007; XIII.2018.34; XI.2026.
5. Any person contravening the provisions of articles 28, 29 and 29A shall be guilty of an offence and shall be liable on conviction to imprisonment for a term from six months to two years or to a fine (multa) of not less than five thousand euro (€5,000) and not more than ten thousand euro (€10,000), or to both such fine and imprisonment. PART V TERMINATION OF CONTRACTS OF SERVICE Duration of contracts of service. Amended by: XVI. 2012.
7. A person may bind himself to give his services for a fixed term or for an indefinite term, or in respect of a specified task, undertaking, work or service: Provided that where the employee has been retained in employment in the same category after the date of termination of a contract of service for a specified time or has been re-employed in the same category by the employer for a fixed or indefinite term within one year from the date of termination of a contract of service for a specified time, the conditions of employment shall not be less favourable than those which would have been applicable had the contract of service been for an indefinite time and the aggregate probationary period shall in no case be longer than that provided for under this Act: Provided further that notwithstanding any agreement to the contrary, a contract of service for an indefinite term shall not be changed into a fixed term contract of service where no substantial change has been effected as to the work of the employee or to his category and any agreement to this effect shall be null and void and the employment contract shall, for all intents and purposes of law, be considered to have remained an indefinite one. Fixed-term contracts. 34.

(1)Saving as otherwise prescribed by this Act, the conditions of employment in a fixed term contract shall not be less favourable than those which would have been applicable had the same contract of employment at the same place of work been for an indefinite time, unless different treatment is justified on objective grounds: Provided that this article shall not apply to contracts of employees on initial vocational training and, or, on apprenticeship schemes.

(2)Any employee on a fixed term contract of service whose EMPLOYMENT AND INDUSTRIAL RELATIONS contract has expired and is retained by his employer shall be deemed to be retained on an indefinite period contract if the said employee is not given a new contract of service within the first twelve working days following the expiry of the previous contract.

(3)The Minister may, after consultation with the Board, make regulations to (

1. a)give better effect to the principle of non-discrimination between employees on fixed-term contracts and employees on indefinite contracts; (
2. b)establish the circumstances when, for objective reasons, conditions in fixed term contracts may be different from conditions in indefinite contracts; (
3. c)generally to regulate any matter relating to fixed-term contracts. 35. The Minister may, after consultation with the Board, make regulations prescribing the minimum information which every employer shall be bound to provide to every employee and the manner in which such information is to be given to the employee and to regulate any other matter relating to the employer ’s obligation to inform or consult the employee or the employees’ representatives on employment conditions, and, in such regulations the Minister may grant exemption from the obligation imposed by this article or establish different rules for different classes or types of employment. Rights of employees to minimum information. 36.

(1)Saving the provisions of sub-article

(16), when an employment relationship is subject to a probationary period, that period shall be of six

(6)months. Notice of and compensation for termination of contracts of service. Amended by: XIX. 2006.18; XVI. 2012.6; LVIII.2020.3; XX.2022.3; XXXVI.2025.3.

(1a)In the case of fixed-term employment relationships, the length of such a probationary period shall be proportionate to the expected duration of the contract and the nature of the work. In the case of the renewal of a contract for the same function and tasks, the employment relationship shall not be subject to a new probationary period: Obligation of proportionality of probationary period. Added by: XX.2022.3. Provided that no fixed term contract shall be shorter than six

(6)months unless a shorter period is justified by objective reasons based on precise and concrete circumstances characterising a given activity. Whenever an employer intends to enter into a contract of service for a fixed term with a prospective employee for a period shorter than six

(6)months, the employer shall list in writing in that contract the objective reasons for which the contract is entered into for less than six

(6)months: Provided further that for a fixed term contract of between EMPLOYMENT AND INDUSTRIAL RELATIONS six

(6)months and fifteen

(15)months duration, the probationary period shall be calculated on the basis of two

(2)months probationary period per six

(6)months contract duration; and if, in terms of the preceding proviso, the fixed term contract is shorter than six

(6)months, the probationary period shall be one-third of the duration of the same fixed term contract: Provided further that for a fixed term contract exceeding fifteen

(15)months duration, the probationary period shall be of six

(6)months. Probationary period of twelve months. Added by: XX.2022.3.

(1b)Notwithstanding the provisions of sub-article

(1a), workers holding technical, executive, administrative or managerial positions and whose wages are at least double the national minimum wage established that year shall be on probation for a period of twelve

(12)months. Suspension of probationary period. Added by: XX.2022.3.

(1c)In any case, the probationary period may, by agreement between the parties, be shorter than the respective periods stipulated in sub-articles

(1a)to

(1c)and, the probationary period shall be suspended in the case of any two

(2)weeks or more of approved leave, whereupon the probationary period shall be extended to a corresponding duration of the leave. It shall be unlawful for an employer to dismiss a worker during the period of suspension of probation.

(2)During the probationary period the employment may be terminated at will by either party without assigning any reason: Provided that a week’s notice of the termination of employment shall be given to the other party in the case of an employee who has been in the employment of the same employer continuously for more than one month.

(3)A contract of service for an indefinite time may be terminated, by giving notice as set out in sub-article

(5), by the employee without assigning any reason and by the employer, saving the provision of sub-article

(14), only on grounds of redundancy: Provided that any employee whose employment is terminated on grounds of redundancy shall be entitled to reemployment if the post formerly occupied by him is again available within a period of one year from the date of termination of employment: Provided further that such an employee shall be so reemployed at conditions not less favourable than those to which he would have been entitled if the contract of service relating to him had not been terminated: Provided, finally, that any employee who shall have been so re-employed shall, for the purposes of this Act, be deemed to have continued in his employment notwithstanding the termination made under this sub-article.

(4)Where an employer intends to terminate the employment of EMPLOYMENT AND INDUSTRIAL RELATIONS an employee on grounds of redundancy, he shall terminate the employment of that person who was engaged last in the class of employment affected by such redundancy: Provided that, where such person is related to the employer (not being a limited liability company or a statutory body) by consanguinity or affinity up to the third degree, the employer may, instead of terminating the employment of such person, terminate that of the person next in turn.

(5)Notwithstanding any agreement to the contrary, and without prejudice to what is stated in paragraph (f), notice of the termination of employment proposed either by the employer or by the employee under a contract of service for an indefinite time, shall be of the following respective duration, if the employee has been in the employment of the same employer continuously (

1. a)for more than one month but not more than six months .................... one week; (
2. b)for more than six months but not more than two years ...................... two weeks; (
3. c)for more than two years but not more than four years ..................... four weeks; (
4. d)for more than four years but not more than seven years ................... eight weeks; (
5. e)for more than seven years, an additional 1 week for every subsequent year of service or part thereof up to a maximum of twelve weeks; (
6. f)or such longer periods as may be agreed by the employer and employee in the case of technical, administrative, executive or managerial posts: Provided that notice of termination of employment may not be given during maternity leave or during the period of incapacity for work to which sub-article

(17)refers or during such other period as the Minister may prescribe.

(6)Where one period of employment on a contract of service for an indefinite time is of less than six months but is followed by another period of employment in the same class of employment commencing within the next following six months from the last day of employment, the two periods shall, for the purposes of subarticle

(5), in regard to the second period of employment be deemed to be one continuous period.

(7)The period of notice shall begin to run from the working day next following the day on which notice is given.

(8)On receiving notice from the employer as aforesaid the employee under a contract of service for an indefinite time shall have the option either of continuing to perform work until the period of notice expires or, at any time during the currency of the period of notice, of requiring the employer to pay him a sum equal to half the wages that would be payable in respect of the unexpired period of notice. EMPLOYMENT AND INDUSTRIAL RELATIONS

(9)On receiving notice from the employee as aforesaid, the employer shall have the option either to allow the employee to continue to perform work until the period of notice expires or, at any time during the currency of the period of notice, to pay the employee a sum equal to the wages that would have been payable in respect of the unexpired period of notice.

(10)If an employee under a contract of service for an indefinite time fails to give notice as aforesaid, he shall be liable to pay to the employer a sum, equal to half the wages that would be payable in respect of the period of notice. If the employer fails to give the said notice, he shall be liable to pay to such employee a sum equal to the wages that would be payable in respect of the period of notice.

(11)An employer who terminates the contract of service of an employee before the expiration of the time definitely specified by a contract of service, shall pay to the employee a sum equal to one-half of the full wages that would have accrued to the employee in respect of the remainder of the time specifically agreed upon.

(12)An employee who abandons the service of his employer before the time definitely specified by the contract of service shall pay to his employer a sum equal to one-half of the full wages to which he would have become entitled if he had continued in the service for the remainder of the time so specifically agreed upon: Provided that in this sub-article and in sub-articles

(8),

(9),

(10)and

(11), reference to "full wages" or "wages" is to mean the wage payable to an employed person by or on behalf of his employer, excluding any remuneration for overtime, any forms of bonus, any allowances, and remuneration in kind and commissions.

(13)In the case of employees under a contract of service paid by the unit of work, or by a share in the profits, or by a commission on the sales or payments made or received by the employer, the amount payable in terms of sub-articles

(8),

(10),

(11)and

(12)shall be calculated on the average earning of the employee during the three months immediately preceding the day on which notice is given or the abandonment or termination of employment takes place.

(14)Notwithstanding the foregoing provisions of this article, an employer may dismiss the employee on a contract of service for an indefinite time and the employee on a contract of service for an indefinite time may abandon the service of the employer, without giving notice and without any liability to make payment as provided in sub-article

(10)if there is good and sufficient cause for such dismissal or abandonment of service: Provided that notwithstanding the foregoing provisions of this article, an employee may abandon a fixed term contract of service prior to its expiry and an employer may terminate a fixed term contract prior to its expiry without any liability to make payment as provided in sub-articles

(11)and

(12)if there is good and sufficient cause for such dismissal or abandonment. Provided further that an employer may not set up as a good and sufficient cause - EMPLOYMENT AND INDUSTRIAL RELATIONS (

1. a)that the employee at the time of the dismissal was a member of a trade union, or is seeking office as, or acting or has acted in the capacity of an employees’ representative; or (
2. b)except in the case of a private domestic employee, that the employee no longer enjoys the employer’s confidence; or (
3. c)that the employee contracts marriage; or (
4. d)that an employee is pregnant with child or is absent from work during maternity leave; or (
5. e)that the employee discloses information, whether confidential or otherwise, to a designated public regulating body, regarding alleged illegal or corrupt activities being committed by his employer or by persons acting on the employer’s name and interests; or (
6. f)that the employee has filed a complaint or is participating in proceedings against the employer involving alleged violation of laws or regulations or is having recourse to competent administrative authorities; or (
7. g)that the business in which the employee is engaged has undergone a transfer of ownership, unless he proves that the termination is necessary for economic, technical or organisational reasons entailing changes in the workforce: Provided further that: (
8. a)saving the provisions of paragraph (
9. b)hereof, the employer can terminate the employment of an employee when the employee reaches pension age as defined in the Social Security Act; (
10. b)notwithstanding the provisions of paragraph (
11. a)hereof, an employer may not terminate the employment of a female employee born on or before the 31st December 1951 before she reaches the age of sixty one years.

(15)A contract of service shall not, except with the consent of the employee, be terminated by the employer during any period of incapacity for work of the employee caused by personal injury by accident arising out of and in the course of employment or by any of the occupational diseases specified in the Social Security Act in each case occurring in the service of that employer: Provided that (

1. a)during such period of incapacity wages less injury benefit payable under the Social Security Act not including any benefit for permanent disability shall accrue in favour of the employee as may be provided by or under any recognised condition of employment as defined in Part II of Title I of this Act; and EMPLOYMENT AND INDUSTRIAL RELATIONS (
2. b)the provisions of this sub-article shall not apply beyond the first twelve calendar months of incapacity.

(16)On the cessation of the incapacity for work referred to in the last preceding sub-article the employer shall, within twenty-one days from an application made by the employee, re-instate the employee in his former employment or, if the injury or disease has caused a disablement rendering the employee unfit for the former employment, in other suitable employment: Provided that the application for re-instatement by the employee shall be made in writing within seven days of the cessation of the incapacity for work.

(17)A whole-time female employee shall not be dismissed by the employer during the period of her maternity leave or the period of five weeks following the end of such leave in which she is incapable for work owing to a pathological condition arising out of delivery.

(18)Any period of incapacity for work referred to in the last preceding sub-article shall be deducted from the period of sick leave to which the employee is entitled at the time of such incapacity, so however that the period of incapacity which exceeds such entitlement shall be deemed to be leave of absence without entitlement to wages: Provided that the employer may require the employee to produce evidence of such incapacity for work and may require his own doctor to visit such employee and to report to him on the condition of her health.

(19)The employee shall, at the termination of maternity leave to which she is entitled under the provisions of this Act or of the period of her incapacity for work to which sub-article

(17)refers, be entitled to resume work in the post she occupied on the commencement of her maternity leave, or in an analogous post if at the time when she becomes so entitled the post she formerly occupied is no longer available.

(20)Where a female employee does not resume work as provided in the preceding sub-article, or, after having so resumed work, abandons the service of her employer without good and sufficient cause within six months from the date of such resumption, she shall be liable, without prejudice to any other liability under this Act, to pay the employer a sum equivalent to the wages she received during the maternity leave. Collective redundancies. 37.

(1)An employer shall not terminate the employment of any employee on grounds of collective redundancy before he has notified in writing the employees’ representatives recognised by him of the termination of employment contemplated by him and has provided the said representatives with an opportunity to consult with the employer.

(2)The Minister may, after consultation with the Board, make regulations prescribing the circumstances when redundancies are to be deemed collective redundancies; the manner in which EMPLOYMENT AND INDUSTRIAL RELATIONS consultations between the employer and the employees’ representatives are to take place; the procedure to be adopted; the categories or classes of employment that are exempted from the effects of this article and any other matter that is related or ancillary thereto.

(3)Any person who fails to comply with the provisions of this article or of any regulations made thereunder shall be guilty of an offence against this Act. 38.

(1)When a business or other undertaking is taken over, in whole or in part by a person (hereinafter in this article referred to as the "transferee") from any employer (hereinafter in this article referred to as the "transferor") any employee in the employment of the transferor on the date of transfer of the undertaking shall be deemed to be in the employment of the transferee and the transferee shall take on all the rights and obligations which the transferor has towards the employee. Transfer of business. Amended by: IX. 2003.124.

(2)The transferor and the transferee shall inform the employees’ representatives of their respective employees affected by the transfer with: (

1. a)the date or proposed date of the transfer; (
2. b)the reasons for the transfer; (
3. c)the legal, economic and social implications of the transfer for the employees; and (
4. d)the measures envisaged in relation to the employees.

(3)Following the transfer, the transferee shall continue to observe the terms and conditions agreed in any collective agreement on the same terms applicable to the transferor under that agreement, until the date of termination or expiry of the collective agreement or the entry into force or application of another collective agreement.

(4)Sub-articles

(1)and

(3)shall not apply to any transfer of an undertaking, business or part of an undertaking or business where the transferor is the subject of bankruptcy proceedings or in a winding up by the Court in accordance with the provisions of the Companies Act or other insolvency proceedings which have been instituted with a view to the liquidation of the assets of the transferor and are under the supervision of a court appointed liquidator.

(5)The Minister may make regulations prescribing the manner in which consultations between the employer and the employees’ representatives are to take place; the procedure to be adopted; the categories or classes of employment or undertakings that are exempted from the effects of this article and any other matter that is related or ancillary thereto.

(6)Any person who fails to comply with the provisions of this article or of any regulations made thereunder shall be guilty of an offence against this Act. EMPLOYMENT AND INDUSTRIAL RELATIONS Employees excluded from operation of articles 36, 37 and

1. Amended by: VI.2019.
3. The provisions of article 36 shall not apply in respect of seamen employed on ships under the provisions of the Merchant Shipping Act; and in the event of any conflict between any of the provisions of the said Act and any of the provisions of this Act, the former shall apply. Condition in contract of service without effect.
4. Any condition in a contract of service which empowers the employer to terminate the employment of a female employee on her contracting marriage or becoming pregnant with child shall be null and void. Certificates of service.
5. On the termination of a contract of service lasting over one month, the employer shall be bound, at the employee’s request, to give him a certificate stating the duration of the employment, the nature of the work or services performed and, if the employee so desires, the reason for the termination of the contract, and the rate of wages paid: Provided that the employer shall not be required to state the reason of termination of employment, if the employment was terminated during probation. Conditions less favourable than Act.
6. Unless in such case as is otherwise provided by this Act, if a contract of service between an employee and his employer or a collective agreement entered into between the employer and the recognised union representatives, provides for any conditions of employment, including conditions relating to the termination of the contract, less favourable to the employee than those specified in or under this Act, they shall have effect as if for those conditions less favourable to the employee there were substituted the conditions specified in or under this Act: Provided that, in exceptional cases, the employer in agreement with the employee or union representatives may provide for different conditions of employment than those specified in or under this Act as long as such agreement is a temporary measure to avoid redundancies and as long as it is approved by the Director, which approval needs to be reviewed every four weeks. PART VI ENFORCEMENT AND NON-COMPLIANCE RELATED TO EMPLOYMENT Appointment of inspectors. Amended by: V. 2011.
7. 43.

(1)The Minister shall appoint such officers of the department responsible for employment and industrial relations or other persons acting on behalf of the Director as the Minister may think fit to be inspectors for the purposes of this Act.

(2)Inspectors so appointed as aforesaid shall be empowered (

1. a)to enter freely and without previous notice at all reasonable times any premises or place liable to inspection under this Act; (
2. b)to carry out in any such premises or place any examination, test or inquiry which they may consider necessary in order to satisfy themselves that the EMPLOYMENT AND INDUSTRIAL RELATIONS provisions of this Act or of any regulations or orders thereunder as well as any recognised conditions of employment are being observed, and in particular (
3. i)to interrogate, alone or in the presence of witnesses, the employer or the employees on any of the said matters; (
4. ii)to require the production of any books, registers or other documents the keeping of which is prescribed by this Act or by any order issued under this Act and to copy such documents or make extracts therefrom.

(3)On the occasion of an inspection visit, an inspector shall notify the employer or his representative of his presence, unless he considers that such a notification may be prejudicial to the performance of his duties.

(4)The premises and places liable to inspection under this Act are any premises or places in respect of which any provisions of this Act or of any regulation or order thereunder or any recognised conditions of employment apply or any premises or places in respect of which an inspector has reasonable cause to believe that this Act or any regulations or orders thereunder or any recognised conditions of employment apply.

(5)Such inspectors (

1. a)shall be prohibited from having any direct or indirect interest in any premises or places which may be subject to inspection by them; (
2. b)shall not reveal at any time even after ceasing to be inspectors any manufacturing or commercial secrets or working processes which may come to their knowledge in the course of their duties; (
3. c)shall treat as absolutely confidential the source of any complaint bringing to their notice a defect or a breach of the provisions of this Act or of any regulations or orders thereunder or of any recognised conditions of employment; and (
4. d)shall not in any case give intimation to the employer or his representative that a visit of inspection was made as a consequence of the receipt of such a complaint.

(6)Every inspector shall be furnished with a certificate of his appointment and on applying for admission to any premises or place for the purpose of this Act, shall, if so required, produce the said certificate.

(7)Any inspector who acts in contravention of the provisions of sub-article

(5), shall, in addition to any other punishment to which he may be liable, be also liable to dismissal ipso facto from his employment with the Government.

(8)A person shall not (

1. a)omit to answer or answer falsely or cause any other EMPLOYMENT AND INDUSTRIAL RELATIONS person not to answer or to answer falsely to any question which an inspector is authorised to ask under this Act; or (
2. b)fail to produce any books, registers or other documents which, pursuant to sub-article

(2)(b)(ii), he is required by an inspector to produce; or (

1. c)directly or indirectly prevent any person from appearing before or being questioned by an inspector, or attempt so to do; or (
2. d)obstruct in any manner an inspector in the performance of his duties under this Act: Provided that no person shall be required under paragraph (
3. a)to answer any question which may incriminate him. Criminal proceedings. 44.

(1)In criminal proceedings instituted by the Police before the Court of Magistrates for an offence against the provisions of this Act, the Director or any officer of his department deputed by him may, notwithstanding the provisions of any law to the contrary, lay the charge before the court, produce the evidence, plead and otherwise conduct the prosecution instead of the Police.

(2)The sworn statement of any officer mentioned in the last preceding sub-article to the effect that he has been deputed by the Director for the purpose therein stated, shall be conclusive evidence of such fact, should the proof thereof be required by the accused.

(3)The Director or the officer deputed by him may, nevertheless, be produced as a witness, but should his evidence be required as part of the case for the prosecution, he shall be heard in evidence before assuming the duties of prosecuting officer (other than that of stating the facts constituting the offence) unless the necessity of his evidence arises subsequently. Punishments. Amended by: L.N. 427 of 2007; XX.2022.4; XIV.2025.2. 45.

(1)Any employer who contravenes or fails to comply with any recognised conditions of employment prescribed by a national standard order or by a sectoral regulation order or collective agreement, or with any provisions of this Act or any regulations made thereunder shall, unless a different punishment is established for such offence, on conviction be liable to a fine (multa) of not less than two thousand euro (€2,000) and not exceeding five thousand euro (€5,000): Provided that if the employer is found guilty for the second time or more thereafter of breaching any condition and, or provision mentioned in sub-article

(1), the fine (multa) shall be of not less than five thousand euro (€5,000) and not exceeding seven thousand euro (€7,000).

(2)Where any employer is convicted of (

1. a)having failed to pay wages at not less than the rate applicable in accordance with a recognised condition of employment as defined in Part III of this Act or with a contract of service whichever shall be the higher, or EMPLOYMENT AND INDUSTRIAL RELATIONS (
2. b)having made any illegal deduction or inflicted any fine other than those specifically permitted by article 19, or (
3. c)having failed to make payment of any bonus payable under article 23, or any other payment due by an employer to any employee under this Act or under any order made thereunder, or (
4. d)having withheld any remuneration or any payment in lieu of notice, or (
5. e)having failed to allow paid holidays as provided for or specified in any national standard order, sectoral regulation order or contract of service, or (
6. f)having failed to effect payment of any moneys due to an employee under this Act or under any national standard order or sectoral regulation order or any other order made under this Act, the court shall, at the request of the prosecution, besides awarding the punishment imposed by the preceding sub-articles of this article, order the offender, on proof of the amount, to refund or pay to the employee or employees concerned, or to the apprentice or apprentices concerned, as the case may be, the said amount due by him and, in the case of holidays with pay not allowed, a sum equal to the pay thereof, and any such order by the court shall be of the same force and effect and be executable in the same manner as if it had been given in a civil action duly instituted between the employee or employees concerned or the apprentice or apprentices concerned, as the case may be, and the employer: Provided that nothing in this sub-article shall derogate from any right of the employee or apprentice, as the case may be, to recover by any other means any amount due to him.

(3)Article 24 of the Criminal Code shall apply in respect of offences under this Act. 46. Where an offence against the provisions of this Act or of any regulations or orders made thereunder is committed by a partnership, company, association or other body of persons, every person who, at the time of the commission of the offence, was a director, manager, secretary or other similar officer of such partnership, company, association or other body of persons or was purporting to act in any such capacity shall be deemed to be guilty of that offence unless he proves that the offence was committed without his knowledge and that he exercised all due diligence to prevent the commission of the offence. Offence by partnership, etc. 47.

(1)Proceedings for an offence under this Act or of any regulations or orders made thereunder may be commenced at any time within two

(2)years from the commission of the offence. Limitation of action. Amended by: XIV.2025.3.

(2)Where the offence relates to the failure by an employer to pay wages to an employee or failure to allow paid holidays as required by this Act or by any national standard order or sectoral regulation order, the offence shall be deemed to be a continuous offence if the employer had failed to pay the wages due to the EMPLOYMENT AND INDUSTRIAL RELATIONS employee regularly over the period of prescription. Attorney General’s right of appeal. Added by: XVI. 2012.

1. 47A. Notwithstanding the provisions of the Criminal Code, the Attorney General shall always have a right of appeal to the Court of Crim in al A ppeal f ro m any jud gm ent giv en b y t he C ourt of Magistrates in respect of criminal proceedings according to the provisions of this Act. PART VII ADMINISTRATION RELATED TO EMPLOYMENT Regulations. Amended by: IX. 2003.125; L.N. 427 of 2007; XVI. 2012.8; IV. 2015.18; XXIX.2019.
2. 48.

(1)The Prime Minister shall have power to prescribe by regulations the applicability of any article or sub-article of Title I and of Title II of this Act to service with the government and to members of a disciplined force.

(2)The Minister shall have power to make regulations for the purpose of carrying out and giving effect to any of the provisions of this Act on any matter related to employment relations and industrial relations.

(3)Without prejudice to the generality of the power conferred by sub-article

(2), the regulations may - (

1. a)prescribe the manner and the circumstances in which persons who are above compulsory school age, as defined in the Education Act, and who have not yet attained the age of 18 years, may be employed, including the power to designate certain categories or class of employment as prohibited employment for such persons; (
2. b)prescribe the procedure to be adopted by the Employment Relations Board, including the method of voting and of filling casual vacancies in membership, the method of and the quorum necessary for the transaction of business; (
3. c)prescribe fees to be levied with respect to any matter required or allowed under this Act; (
4. d)prescribe or otherwise provide for any matter which is to be or may be prescribed or provided for by this Act or by regulations made thereunder.

(4)Any regulation made under this Act may provide for any matter relating to liability for the observance of such regulations, and the persons who may be liable, and for any matter relating to the enforcement of the said regulations, including, but not limited to, the imposition of a fine (multa) not exceeding eleven thousand a nd s i x h un d r e d a nd f or t y - s i x eu r o a nd e i gh t y -s e v e n c e n t s (11,646.87) in respect of any contravention of, or failure to comply with, the provisions of such regulations.

(5)Regulations made under sub-articles

(2)and

(3)shall, unless the contrary is explicitly provided in or under any other law, prevail over what is provided in or under any other law with regard to any matter concerning industrial and employment relations. EMPLOYMENT AND INDUSTRIAL RELATIONS 48A. Without prejudice to any provision of this Act granting the Minister the power to make regulations, the Minister may, subject to the provisions of the Exclusive Economic Zone Act, from time to time, make, amend, substitute or repeal regulations for the purpose of regulating, prescribing or otherwise providing for any matters regulated by or under this Act or by or under any subsidiary legislation made thereunder, in respect of an exclusive economic zone area or an environment protection area as defined in the Exclusive Economic Zone Act or any activities therein including, but not limited, to the applicability or otherwise of this Act and, or of any subsidiary legislation made thereunder. Power to make regulations with respect to exclusive economic zone area or environment protection area. Added by: XXXV.2023.66. TITLE II INDUSTRIAL RELATIONS PART I ORGANIZATION OF WORKERS AND EMPLOYERS Sub-Part 1 Status, registration and conduct of trade unions and employers’ Associations 49.

(1)A trade union and an employers’ association shall, for all purposes of law, be treated as an association of persons and not as a body corporate, but (

1. a)it shall be capable of making contracts; (
2. b)all property belonging to the union or association shall vest in the union or association, but all powers, whether of disposal, administration or otherwise, in relation to such property shall be exercisable by or by the authority of the body of persons, by whatever name called, entrusted by the rules of the union or association with the conduct and management of its business; (
3. c)it shall be capable of suing and, subject to the provisions of this Act, of being sued, whether in proceedings relating to property or founded on contract, tort or quasi-tort, or any other cause of action whatsoever; Status of trade unions and employers’ associations. EMPLOYMENT AND INDUSTRIAL RELATIONS (
4. d)proceedings in respect of any offence alleged to have been committed by it or on its behalf may be brought against any of its officers or other officials as provided in article 13 of the Interpretation Act; (
5. e)any judgement or order made in any proceedings shall be enforceable against any property of the union or association.

(2)The purposes of any trade union or employers’ association shall not, by reason only that they are in restraint of trade, be unlawful so as (

1. a)to make any member of the union or association liable to criminal proceedings; or (
2. b)to make any agreement void or voidable, nor shall any such rule of a trade union or employers’ association be unlawful or unenforceable by reason only that it is in restraint of trade. Rules of trade unions and employers’ associations. 50.

(1)The rules of every trade union and of every employers’ association shall contain provisions in respect of the matters mentioned in the following sub-articles of this article.

(2)The rules shall (

1. a)specify the name of the trade union or employers’ association, the address of its principal office and the objects for which it is established; (
2. b)make provision as to the purposes for which, and the manners in which, any property or funds of the union or association are authorised to be applied or invested; (
3. c)if any financial benefits are to be available for members of the trade union or of the employers’ association out of its property or funds, make provision as to the amounts of those benefits and the circumstances in which they are to be available to members; (
4. d)specify the offences for which the union or association may under the rules expel a member or take other disciplinary action, the penalties applicable for each of those offences, and the procedure for the hearing of cases in which offences against the rules are alleged; (
5. e)make provision for the election of a governing body and for its re-election at reasonable intervals, for the election or appointment of officers of the union or association and other officials, and for the manner in which the governing body, officers and other officials can be removed from office; (
6. f)make provision for the keeping of full and accurate accounts by the union or association, for the appointment of auditors and for the annual auditing of the accounts; (
7. g)make provision for the inspection of the books and EMPLOYMENT AND INDUSTRIAL RELATIONS names of members of the union or association by every person having an interest in the funds of the union or association; (
8. h)specify the manner in which any rules of the union or association can be made, altered or revoked, and the circumstances and manner in which the union or association can be dissolved.

(3)Every trade union and every employers’ association shall at the request of any person supply him with a copy of the rules, as in force at the date of the request, either free of charge or on payment of a fee as may be prescribed. 51.

(1)A trade union or an employers’ association, and any member, officer or other official thereof, shall not perform any act in furtherance of any of the purposes for which it is formed unless such union or association has first been registered.

(2)Any trade union or employers’ association, and any member, officer or other official thereof, who contravenes the provisions of sub-article

(1)shall be guilty of an offence and shall be liable on conviction to a fine (multa) not exceeding one thousand and one hundred and sixty-four euro and sixty-nine cents (1,164.69). 52.

(1)For the purposes of this Act, a public officer shall be appointed as, or designated to perform the functions of, Registrar of Trade Unions. Trade unions and employers’ associations not to carry on business unless registered. Amended by: L.N. 427 of 2007. Registrar of Trade Unions.

(2)The Registrar shall perform the functions and duties conferred on him by this Act, and for the purpose of the exercise of those functions and of the performance of those duties he shall have power to require any person to give him any relevant information and to produce to him any relevant document, and may also administer oaths. 53.

(1)Any seven or more members of a trade union or of an employers’ association may, by subscribing their names to the rules of the union or association, and otherwise complying with the provisions of this Act relating to registration, register the union or association under this Act: Registration of trade unions and employers’ associations. Provided that if any of the purposes of a trade union or of an employers’ association is unlawful the registration of such union or association shall be void.

(2)In determining the number of the members of a trade union for any of the purposes of this Act no account shall be taken of any individual who has not attained the age of sixteen years or who does not reside in Malta; and in determining the number of the members of an employers’ association no account shall be taken of any person with whom or for whom no individual has entered into or works under a contract of employment for service in Malta. 54.

(1)Every trade union and every employers’ association shall be registered in accordance with the provisions of this Act. Provisions with respect to registration. EMPLOYMENT AND INDUSTRIAL RELATIONS

(2)Without prejudice to any other provision of this Act relating to registration, the following provisions shall have effect with respect to the registration of trade unions and employers’ associations under this Act, that is to say (

1. a)an application to register the union or association and its rules shall be forwarded or produced to the Registrar together with two printed copies of the rules and with a list of the names of the officials of the union or association in which there shall also be shown their respective offices; (
2. b)no trade union or employers’ association shall be registered under a name identical with that by which another union or association is for the time being registered under this Act, or so nearly resembling any such name as to be likely to deceive the public; (
3. c)if the Registrar is satisfied that the union or association have complied with the provisions of this Act relating to registration, or if the Court of Appeal has so directed under article 55, he shall register the union or association, as the case may be, and its rules; (
4. d)upon registering a trade union or an employers’ association, the Registrar shall issue a certificate of registration.

(3)Every alteration of the rules of a registered trade union or employers’ association shall be registered with the Registrar, and any such alteration shall not take effect except from the date of its registration or from such later date as may be specified in the rules.

(4)The rules of any registered trade union or employers’ association shall not be so altered as to cease to satisfy or comply with the provision of this Act applicable thereto; and the Registrar shall not register any rules, or alteration to the rules, which contravene the foregoing provisions of this article. Refusal or cancellation of registration. 55.

(1)If the Registrar is satisfied that (

1. a)the applicants for registration have not been duly authorised to apply for registration; or (
2. b)any of the purposes of the trade union or employers’ association is unlawful; or (
3. c)the application for registration or the rules of the union or association are not in conformity with the provisions of this Act, he shall refuse registration.

(2)It shall be lawful for the Registrar to cancel the registration of any trade union or employers’ association (

1. a)at the request of the union or association, to be evidenced in such manner as he may require; (
2. b)on proof to his satisfaction that a certificate of registration has been obtained by fraud or mistake, or EMPLOYMENT AND INDUSTRIAL RELATIONS that the registration was void, or that the union or association has wilfully contravened any of the provisions of this Act; (
3. c)if, for any reason, the rules of the union or association are not in conformity with the provisions of this Act; (
4. d)if he is satisfied that the union or association has ceased to exist; (
5. e)if he is satisfied that the membership of the union or association has been reduced to less than seven members calculated as provided in article 53

(2).

(3)Where the Registrar refuses to register a trade union or an employers’ association, he shall forthwith inform the applicants in writing of the refusal and of the grounds thereof.

(4)Where the Registrar proposes to cancel the registration of a trade union or of an employers’ association, he shall give notice of the proposed cancellation to the union or association specifying the reason therefor; and the registration shall not be cancelled before the expiration of two months from the giving of such notice, nor shall the registration be cancelled if, prior to the cancellation, the union or association has remedied any default or otherwise taken steps to avoid cancellation. If notwithstanding any representations made, or other steps taken, by the union or association, the Registrar decides that he ought to cancel the registration, he shall inform the union or association in writing of his decision: Provided that, where the union or association has ceased to exist, the Registrar may cancel the registration without complying with any of the provisions of this sub-article and give notice of the cancellation in the Gazette.

(5)From any refusal by the Registrar to register a trade union or an employers’ association and from any decision by him to cancel any such registration, an appeal shall lie to the Court of Appeal by application made not later than seven days from the communication by him of his refusal or decision as required by this article. On any such appeal the court may make such orders as it may deem proper, including a direction as to the costs of appeal; and any such order of the court shall be final.

(6)The board established under article 29 of the Code of Organization and Civil Procedure may make rules governing such appeals, providing for the method of giving evidence, prescribing the procedure to be followed, the manner of notifying the Registrar of the appeal and generally providing for such other matter as the court may deem necessary or expedient.

(7)The Minister responsible for justice may by regulations under this sub-article establish the fees payable in the registry of the court for the filing of judicial acts in connection with appeals under this article: Provided that until such fees are so established by the Minister, the fees established in Schedule A to the Code of Organization and Civil Procedure shall apply. EMPLOYMENT AND INDUSTRIAL RELATIONS

(8)The Registrar shall be entitled to be heard on any such appeal and shall be given the opportunity to do so. Register of trade unions and employers’ associations. 56.

(1)The Registrar shall keep a register of all trade unions and employers’ associations registered under this Act, showing the names of such unions and associations and such other particulars as the Registrar may deem appropriate.

(2)The register of trade unions and employers’ associations shall be open to inspection by any person free of charge at all reasonable times. Register of members to be kept by trade unions and employers’ associations. Amended by: L.N. 426 of 2012. 57.

(1)Every trade union and every employers’ association shall keep an up-to-date record of the names of the members of the union or association, as the case may be, showing their respective date of membership, the legally valid identification document numbers, addresses and trades or occupations.

(2)The Registrar shall have power at any time to inspect such records or to cause such records to be inspected by a person authorised by him in that behalf, and every trade union and every employers’ association shall give him and any other person authorised as aforesaid all reasonable facilities for that purpose. Annual returns. 58. On or after the second day of June and before the first day of July in every year, the Registrar shall by notice in the Gazette, call upon and require all registered trade unions and employers’ associations to transmit to him, in such form or format as he may require (

1. a)a list of the names of the officers of the union or association, showing also the office held by each of them; (
2. b)a declaration that the names of members and other particulars shown in the record required to be kept by article 57 have been brought up-to-date and that the necessary alterations have been made to the said record for that purpose; (
3. c)a statement of the receipts, funds and expenditure of the union or association in respect of the preceding year; (
4. d)a copy of the annual report showing the activities of the union or association during the preceding year or, if no such report has been made, a statement signed by the secretary of the union or association showing the said activities during that year, and every trade union and every employers’ association shall comply with such requirement, within fifteen days from the publication of the notice in the Gazette as aforementioned. Accounting records. 59.

(1)Every trade union and every employers’ association shall (

1. a)cause to be kept proper accounting records with respect to its transactions and its assets and liabilities, EMPLOYMENT AND INDUSTRIAL RELATIONS that is to say such records as are necessary to give a true and fair view of the state of affairs of the union or association and to explain its transactions; and (
2. b)establish and maintain a satisfactory system of control of its accounting records, its cash holdings and all its receipts and remittances.

(2)Every trade union and every employers’ association shall appoint an auditor or auditors having the qualifications required by t h is a r t i c l e t o a u d i t i t s a c c o u n t s ; an d e v e r y t r a d e un i o n o r employers’ association which has been in existence for more than twelve months shall once at least in every calendar year cause such accounts to be prepared and audited by such auditor or auditors as aforesaid.

(3)Every trade union and every employers’ association shall, not later than one month from the auditing of the accounts, transmit a copy of such accounts to the Registrar.

(4)Every trade union and every employers’ association shall at the request of any of its members supply him with a copy of its most recent audited accounts either free of charge or on payment of a fee as may be prescribed.

(5)A person shall be qualified to audit the accounts of a trade union or of an employers’ association if he is qualified to audit the accounts of a company in accordance with the provisions of the Companies Act. 60.

(1)In the month of August of each year the Registrar shall make out and send to the Minister a report on the working of this Part of this Act. The report shall include a list of all registered trade unions and employers’ associations and a statement as to the inspections carried out by the Registrar under article 57. Report by Registrar.

(2)The Minister shall cause the report to be published in the Gazette. 61. The Minister may make rules with respect to the registration of trade unions and employers’ associations and in particular, but without prejudice to the generality of the foregoing, with respect to (

1. a)the seal, if any, to be used by the Registrar for the purposes of registration; (
2. b)the forms to be used for such registration and for any application therefor; (
3. c)the inspection of registers and documents kept by the Registrar and the making of copies of any entries therein; (
4. d)the fees to be charged for registration, for the inspection of any register or other document, for any copies made out of any entries or documents, and for any other service provided or other matter prescribed or permitted by this Act; Rules with respect to registration. EMPLOYMENT AND INDUSTRIAL RELATIONS (
5. e)generally for carrying into effect the provisions of this Part of this Act. Offences against articles 57, 58 and 59. Amended by: L.N. 427 of 2007. 62.

(1)If a trade union or an employers’ association refuses or wilfully neglects to perform a duty imposed on it by or under any of the provisions of article 57, 58 or 59, the trade union or employers’ association shall be guilty of an offence and shall be liable on conviction to a fine (multa) not exceeding one thousand and one hundred and sixty-four euro and sixty-nine cents (1,164.69).

(2)Any person who wilfully alters or causes to be altered a document which is required for the purposes of the provisions of article 57, 58 or 59, with intent to falsify the document or to enable a trade union or employers’ association to evade any of those provisions, shall be guilty of an offence and shall be liable on conviction to imprisonment for a period not exceeding one year or to a fine (multa) of two thousand and three hundred and twentynine euro and thirty-seven cents (2,329.37) or to both such imprisonment and fine. Sub-Part 2 Restrictions on legal liability and proceedings and on union membership Immunity of trade unions and employers’ associations to actions in tort. 63.

(1)Subject to the provisions of sub-article

(2), no action in tort or quasi-tort shall lie in respect of any act (

1. a)alleged to have been done by or on behalf of a trade union or by or on behalf of an employers’ association; or (
2. b)alleged to be threatened or to be intended to be done as aforesaid, against the union or association in its own name, or against any members, officers or officials of the union or association on behalf of themselves and all other members of the union or association.

(2)Sub-article

(1)shall not affect the liability of a trade union or of an employers’ association to be sued in respect of the following, if not arising from any act done in contemplation or furtherance of a trade dispute, that is to say (

1. a)any negligence, nuisance or breach of duty, (whether imposed on them by any rule of law or by or under any enactment) resulting in personal injury to any person; or (
2. b)without prejudice to paragraph (a), breach of any duty so imposed in connection with the ownership, possession, control or use of property, whether movable or immovable. Acts in contemplation or furtherance of trade disputes. Amended by: V. 2011.51; XVI. 2012.9. 64.

(1)An act done by a person in contemplation or furtherance of a trade dispute shall not be actionable in tort or quasi-tort on the grounds only (

1. a)that it induces another person to break a contract of employment; or EMPLOYMENT AND INDUSTRIAL RELATIONS (
2. b)that it consists in his threatening that a contract of employment (whether one to which he is a party or not) will be broken or that he will induce another person to break a contract of employment to which that other person is a party; or (
3. c)that it is an interference with the trade, business or employment of another person, or with the right of another person to dispose of his capital or his labour as he wills.

(2)An act which by reason of sub-article

(1)is itself not actionable, and a breach of contract in contemplation or furtherance of a trade dispute, shall not be regarded as the doing of an unlawful act or as the use of unlawful means for the purposes of establishing liability in tort or quasi-tort.

(3)An agreement or combination by two or more persons to do or procure the doing of any act in contemplation or furtherance of a trade dispute shall not be actionable in tort or quasi-tort if the act is one which, if done without any such agreement or combination, would not be actionable in tort or quasi-tort.

(4)An act done by a person in contemplation or furtherance of a trade dispute and in pursuance of a directive issued by a trade union, whether he belongs to it or not, shall not be actionable in damages on the ground only that it consists in a breach of a contract of employment; and any act done as aforesaid, not being an act in breach of a collective agreement, or of a settlement, decision or agreement which is still binding in accordance with the provisions of article 70 or 72, or of a decision or award of the Tribunal, shall not by itself entitle the employer to terminate the contract of employment of, or discriminate against, any person doing any such act as aforesaid, and shall not constitute a break in the service of such person.

(5)The provisions of article 338(t) of the Criminal Code shall not apply to any agreement or combination by two or more persons to do or procure the doing of any act in contemplation or furtherance of a trade dispute.

(6)Sub-article

(4)shall not apply to: (

1. a)persons employed as Air Traffic Controllers at the Malta International Airport and in the Airport Fire Fighting Section of the said airport; (
2. b)members of the Assistance and Rescue Force established by virtue of article 8 of the Civil Protection Act; (
3. c)persons employed to provide pilotage and mooring, tug services, fire fighting, medical health services and pollution combating services as may be required in cases of port emergency; (
4. d)such minimum number of persons needed to guarantee that life is not endangered through the non import or discharge into Malta of wheat, grain, domestic gas, EMPLOYMENT AND INDUSTRIAL RELATIONS aviation fuel, diesel and petrol and oil fuel for the operation of air transport facilities and power generation and water facilities, as agreed upon by their respective employer and the recognised trade union or in default of such agreement, as shall be decided by the appropriate controlling body or in