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Maltese Laws |
EMPLOYMENT AND INDUSTRIAL RELATIONS ACT
To consolidate, with amendments, the Conditions of Employment (Regulation) Act
(Cap.135) and the Industrial Relations Act (Cap. 266).
2nd December, 2002
27th December, 2002
ACT XXII of 2002, as amended by Acts IX of 2003, III of 2004 and XIX of 2006; Legal
Notice 427 of 2007; and Acts V of 2009 and V of 2011.
ARRANGEMENT OF ACT
Articles
General 1-2
Title I - Employment Relations
Part I Employment Relations Board 3
Part II Recognised Conditions of Employment 4-10
Part III Protection of Wages 11-25
Part IV Protection against Discrimination related to Employment 26-32
Part V Termination of Contracts of Service 33-42
Part VI Enforcement and Non-Compliance related to Employment 43-47
Part VII Administration related to Employment 48
Title II - Industrial Relations
Part I Organization of Workers and Employers
Sub-Part 1 S tatus, regi stratio n and co ndu ct of trade u n ion s and employer ’s associations
Sub-Part 2 R estrictions in legal liability and proceedings and on union membership
49-62
63-67
Part II Voluntary Settlement of Disputes 68-72
Part III The Industrial Tribunal 73-83
Title III – Supplementary Provisions 84-86
Schedule
GENERAL
Short title. 1. The short title of this Act is the Employment and Industrial
Relations Act.
Definitions. 2. (1) In this Act, unless the context otherwise requires -
"ac t " and "action" ea ch includ es omission and references to doing an act or taking action shall be construed
accordingly;
"apprentice" has the same meaning as is assigned to it by article
Cap. 343.
29 of the Employment and Training Services Act;
"class" wh en used in th e context of a gr oup or a category of em pl oyee s shall refer t o t h e gro u p s or cat egories
l i st ed i n a collective agreement:
Provided that where there is no collective agreement or where a collective agreement does not stipul at e grou ps 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 re o r gan i sa ti on s of e m p l oy ees rega rd in g co nd it i o n s o f employment in accordance with the provisions
of any law in force in Malta;
"comparable wh ole-t ime em ployee" means a whole-time employee in the same establishment who is engaged in the same or
sim ilar work or o c cupati on, d u e 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 employm ent" means wages, the period of em plo y m e n t , th e ho urs of wo rk and leave an d incl ud es
an y conditions relate d 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 agreemen t and the mode of settling any
differences which may arise between the parties to the agreement; but it does not incl ude professional ethics arising fro m any
professional relationship between an employer and an employee;
"confinement" means the birth of a living child or the birth of a child whether living or dead after seven months of pregnancy;
"contract of service" and "contract of employment" means an agreement, (other than service as a member of a disciplined
force)
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, an d, i n so far as condit i ons of emplo y ment are concerned, includes an agreement of apprenticeship;
"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;
"Director" means the Director 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;
"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 ha s undertaken
personally to execute any work or serv ice fo r, and un der t h e immediate direction and control of another person, including an
outw o rker , but excludi ng work or serv ice performed in a professional capacity or as a contractor for another person when su
ch w o rk or service is not regulated by a specific contract o f service;
"employer" includes a partnership, company, association or other body of persons, whether vested with legal personality
or not;
"empl oyees’ representat i ve" f o r th e pu rpo s es of arti cl es 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 empl
oyees, notw ithstanding that i n the case of no n-uni onised 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 Director;
"employers’ associati on" 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;
"employ m ent", in relat i on to a t r ade dispute, includes any relationship whereby one person does work or performs services
fo r ano t h e r (o th er tha n a serv i ce as a me mber of a disc iplined 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;
"o utw o rk er" means a person to wh om arti cl es, mat e ri al s or serv ices o f any n a t u re are giv e n ou t by an
emplo y er fo r th e 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 som e other premises not being premi ses under the control and management of that other person;
"overti me" means any ho urs of work in excess of th e n ormal 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 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-t i m e e m p l oy ee an d wh
o is n o t 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 same meanin g as is assigned to th em
by article 1 24 of th 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;
"registered", in relation to a trade union or an em ployers’ 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;
"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 regu lati on of relati ons b e tween wo rk ers an d em pl oyers 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 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);
"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 hou rs start i ng fro m t h e ti me when th e emp l oy ee
norm a l l y 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:
Provided that where a person is employed in more than one w hole-tim e em plo y m e nt, that employment in resp ect of which social
security contributions are payable shall be deemed to be the whol e-t ime empl oyment o f the emplo y ee, and any oth e r employment
shall be deemed to be part-time 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 t h e sam e m e an ing as "em p loyee" but for the purposes of Title II of this Act, "worker"
means an employee who works or normally works or seeks to work -
(a) under a contract of employment; or
(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
(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 (a) or (b) of this definition,
and in relation to a trade dispute to which an employer is a party, "worker" includes any w o rk er even if not em pl oyed
by th at 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 th er eo f, shall be constru e d as requi ring com p liance 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.
TITLE I
EMPLOYMENT RELATIONS PART I
EMPLOYMENT RELATIONS BOARD
(2) The Board shall be composed as follows: (a) an independent chairperson;
(b) the Director responsible for Employment and
Industrial Relations who shall act as Deputy
Chairperson;
(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;
(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
(e) three other persons to be appointed by the Minister. (3) The functions of the Board shall be -
(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;
(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;
(c) to advise the Minister on any matter relating to conditions of employment, or on any matter referred to the Board by the
Minister.
(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.
Employment
Relations Board.
National Standard Orders and Sectoral
Regulation Orders.
PART II
RECOGNISED CONDITIONS OF EMPLOYMENT
Provided that the Minister may, if he thinks fit, before makin g an or der as afo r esai d, ref e r th e nati on al stan
dard recommendation or th e sectoral regulation recom m end a tion received by him back to the Board and the Board shall thereupon
reconsid er it having regard to any o b servation s mad e by th e 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 th e amendment or revo catio n of previous national standard orders or sectoral regulation orders and may contain any incidental,
sup p lemen t al or consequ e ntia l 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 e f fec t so as to prejudice an y r i g h ts as to con
d i tio ns 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 article 42, if a contract between an employee to whom a national
st an dard order o r a sectoral regul ati on o r der ap plies an d th e 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.
(2) Where the conditions of employment are prescribed in a collective agreement, t he emp lo yer o r em pl oye rs bei ng a p arty
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
empl oym ent establ ished b y a n a tion a l stand a rd o r der 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.
Cap. 16.
in crease the wages o f every whole-tim e emplo y ee in his em ployment by an am ount equivalent or correspondi ng 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 accorda nce 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.
(2) For the purpose of subarticle (1), "whole-time employees" means any employee who is deemed to be a whole-time employee
in accordance with any recognised condition of employment as defined in this Act and includes any other employee who is in employment
with any particular employer for not less than thirty- fi ve h ou rs pe r wee k ave rag ed i n a t we lv e m o nt h peri od o r pa
rt thereof.
Working hours and overtime.
Conditions of employment to be brought to notice.
Cost of living increases.
9. In so far as conditions of employment are concerned, the provisions of the Oc cupational Health and Safety Authorit y Ac t 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.
Occupational health and safety. Cap. 424.
Maternity leave, parental leave and leave for urgent family reasons.
entitlement
PART III
PROTECTION OF WAGES
Wages to be paid entirely in legal tender to the employee.
Provided that payment of wages by cheque on a bank in Malta o r payable to the Bank account of an em ployee 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.
(2) Wages shall be paid directly to the employees to whom they are due except as may otherwise be provided by an y law or in virtue
of an order made by a c o m p ete n t c ourt or wher e the employee or employees concerned agree to the contrary.
Terms as to spending of wages.
Attachment or assignment of wages.
Cap. 12.
(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 subarticles (1) and (2) shall not apply where the ass i gnment or attachme nt i s in ten d ed to en su re
t h e payment of maintenance due to the spouse, or to a minor child or to a person with disability or to an ascendant of the employee.
Interest on advances prohibited.
Deduction from wages.
(2) Unless expressly provided by or under this Act or any other law, an employer shall not comp ute 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
fro m th e wa ge s of an e m pl o y e e by an e m pl oy er , o r b y a n y intermediary or labour contractor or recruiter.
Subordinate contracts of service.
Public holidays falling on weekly day of rest.
Remuneration other than wages.
Fines.
(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
(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 subarticle (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 se rvice applicable to him, the em p loy er shall n ot in fl ict
on th e employee any fine for such loss of work but may deduct from the
total wage s due to the employee that part the r eof which corresponds to the work so lost.
(3) Where any fine or fines are imposed by a person or by a g r ou p of perso n s, ho wever n a med , auth orised 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.
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.
Guarantee fund. 21. (1) There is hereby established a Guarantee Fund (hereinafter referre d to as "the Fund ") for the p u rpo s e of guaranteeing payment of unpaid wages due by an employer to those em plo y ees wh ose emp l oy ment is terminated beca use 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 Finance and with the Board, prescribe regulations for the purpose
o f g ivi ng bet ter effect to the provisions of this article; without prejudice to the generality of the foregoing, such regulations
may establish -
(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;
(b) the level of proof required in order to prove insolvency of the employer;
(c) the rate of contribution which the State, employers and employees shall contribute towards the continued funding of the
Fund;
(d) the manner in which such Fund shall be administered; (e) any class of employment that is precluded from
making a claim under the Fund;
(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;
(g) the maximum amount which can be paid out of the
Fund to any single claimant;
(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;
(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.
Provided that the provisions of this subarticle 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 outstanding and any compensation payable to the em ployee
for leave entitlement unavailed of, shall be paid by the date of the next pay day determined under subarticle (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.
Wages to be paid at regular intervals.
Payment of bonus.
Whole-time employees with reduced hours.
Part-time employees.
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 that, where any person has been in whole-time employment with any particular employer for a period of not less th an thir
ty d a y s but less than twelve m onths bet w een the 1st January and the 31st December of any year, such employee shall be entitled
to receive from his employer, or from any of his employers, a proportionate amount of the bonus payable under this article, calculated
on the number of days in any such employment:
Provided further that any unqualifying period of employment during the first six months of any year shall be added
to any period of employment with the same employer during the second six months of that year for the purposes of the qualifying period
of employment and the total amount of bonus due to that employee with respect to the total period of such employment shall be paid
between the 15th and the 23rd day of December of that year, notwithstanding that the total amount of bonus so payable shall exceed
the normal amount of bonus payable in respect of the second six months of that year.
(2) In this article -
"empl oyee" includes a person under agreement of apprenticeship;
"his whole-time employees" includes any whole-time employee who has been in employment with any particular employer for
a period of not less than thirty days during any time as from or after the 1st January of any year but is no longer in such employment
on the 30th June and/or the 31st December of that year;
"whole-time employee" means any employee who is deemed to be a whole-time employee in accordance with any recognised condition
of employment as defined in this Act and includes any other employee who is in employment with any particular employer for not less
than thirty-five hours per week averaged in a twelve month period or part thereof.
24. Whole-time employees with reduced hours shall be paid not less pro rata than the wage applicabl e to a whole-time 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.
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:
(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;
(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;
(c) any other matter which is deemed necessary in order to regulate the conditions of work of part-time employees as prescribed in
subarticle (1).
PART IV
PROTECTION AGAINST DISCRIMINATION RELATED TO EMPLOYMENT
(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;
(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:
(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;
(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;
(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 of discriminatory treatment.
Discrimination and gender equality. Amended by:
V. 2009.2.
Cap. 413.
(3) The provisions of subarticles (1) and (2) shall be without prejudic e to th e rights and ob ligations 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 na ture of the vaca ncy
to be fille d 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 v i ew to engag e men t in emp l oy men t an d i n regard to a person already in employment, includes also promotion
to a higher grade or engagement in a different class of employment
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
agre e on di ff ere n t s a lary sc al es , an nual inc r eme n ts an d oth e r 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.
Victimisation. 28. It shall not be lawful to victimise any person for having made a complaint to the lawful authorities or for having initiated or p a rti c ip at ed in proce e di ng s fo r redress on g r ou nd s o f al leg e d breach of the p r ovi sion s of this Act, o r fo r havi ng disclosed informat ion, con f ident i al o r otherwise, to a design ated publi c regulating body, regarding alleged illegal or corrupt activities being committed by his employer or by persons acting in the employer ’s name and interests.
Harassment. 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 p e rson is b a sed o n sexu al d i scri mi nati on and which cou l d reasonably be regarded as offensive, humiliating or intimidating to such person.
(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:
(a) subjecting the victim to an act of physical intimacy; or
(b) requesting sexual favours from the victim; or
(c) subjecting the victim to any act or conduct with sexual connotations, including spoken words, gestures or the production, display
or circulation of written words,
pictures or other material where -
(i) the act, request or conduct is unwelcome to the victim and could reasonably be regarded as offensive, humiliating
or intimidating to the victim;
(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.
27, 28 or 29, 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,
v i ct imisat ion o r harassmen t, the In dustrial Tr ibu n al shal l 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 com plainant m ay 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.
29 shall be guilty of an offence and shall be liable on conviction to a fine (multa) not exceeding two thousand and three hundred and tw ent y - n in e e u r o and t h ir ty -s even c e nts (2,329.37) or to
imprisonment for a period not exceeding six months, or to both such fine and imprisonment.
Power of Minister to make regulations.
Offence.
Amended by:
L.N. 427 of 2007.
Duration of contracts of service.
Fixed-term contracts.
PART V
TERMINATION OF CONTRACTS OF SERVICE
Provided that where the employee has been retained in employment after the date of termination of a contract of service for a specified time or has been re-employed by the employer for a fixed or ind e fi nit e term wi thi n o n e year fro m th e date of termin atio n of a co nt ract of servi c e f o r a speci f ied ti me, th e 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 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 co ntr a ct h a s ex pired an d i s retained by his empl oyer sh al
l b e 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 -
(a) give better effect to the principle of non-discrimination between employees on fixed-term contracts and employees on
indefinite contracts;
(b) establish the circumstances when, for objective reasons, conditions in fixed term contracts may be different
from conditions in indefinite contracts;
(c) generally to regulate any matter relating to fixed-term contracts.
Rights of employees to minimum information.
Provided that in the case of a contract of service, or collective agreement, in respect of employees holding technical,
executive, administrative or managerial posts and whose wages are at least double the minimum wage established in that year, such
probation period shall be of one year unless otherwise specified in the contract of service or in the collective agreement.
(2) During the pro b ati onary period th e em ployment m a y be terminated at will by either party without assigning any reason:
Provided that a week’s notice of the termination of employm ent 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 termi nated, b y givin g noti ce as set out in subarticle (5),
by t he empl oyee wit hou t assi gnin g any reason and b y t h e emp l oy er, savi n g th e pro v i s io n o f su bart icl e (14
) , on l y on g r ou nd s of redundancy:
Provided that any employee whose employment is term in at ed on g r o u n d s of re du nd ancy shall be en ti tl ed to
r e - employment if the post formerly occupied by him is again available within a perio d of one year from the date o f term inati
on of employment:
Provided further that such an employee shall be so re- employed 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 subarticle.
(4) Where an employer intends to terminate the employment of an em ployee on grounds of redun da ncy, he shall term inat e t h
e 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 (n ot bei n g a l i m i t e d li ab il it y co m p an y or a stat ut o
r y b o d y ) 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 w h at is stated in paragraph ( f ), notice of t h e 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
Notice of and compensation for termination of contracts of service.
Amended by: XIX. 2006.18.
been in the employment of the same employer continuously -
(a) | for more than one month but not more than six months .................... | one week; |
(b) | for more than six months but not more than two years ...................... | two weeks; |
(c) | for more than two years but not more than four years ..................... | four weeks; |
(d) | for more than four years but not more than seven years ................... | eight weeks; |
(e) for more than seven years, an additional 1 week for
every subsequent year of service up to a maximum of
twelve weeks;
(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 subarticle (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 opti on either of con tinuing 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.
(9) On receiving notice from the employee as aforesaid, the em ployer sh all have t he opti on eith er to al low t he empl oyee
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 dismisses an employee before the
expiration of the time definitely specified by a contract of service, shall pay to the employee 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 subarticle and in subarticles (8), (9), (10) and (11), reference to "full wages" or "wages"
is to mean the wage payable t o an emp l oyed person by or on behalf o f 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 s a les or payments made or received by the e m ployer, the amount payable in terms of subarticles (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 gi ven or the abandonment or termination of employment takes place.
(14) Notwithstanding the foregoing provisions of this article, an employer may dis mis s the em ployee and the employee may abandon
the service of the employer, without giving notice and without any liability to make payment as provided in subarticles (10), (11)
and (12) if there is good and sufficient cause for such dismissal or abandonment of service:
Provided that an employer may not set up as a good and sufficient cause -
(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
(b) except in the case of a private domestic employee, that the employee no longer enjoys the employer ’s confidence;
or
(c) that the employee contracts marriage; or
(d) that an employee is pregnant with child or is absent from work during maternity leave; or
(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
(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
Cap. 318.
having recourse to competent administrative authorities; or
(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:
(a) saving the provisions of paragraph (b) hereof, the employer can terminate the employment of an employee when the employee reaches pension age as defined
in the Social Security Act;
(b) notwithstanding the provisions of paragraph (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 -
(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
(b) the provisions of this subarticle 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 subarticle the employer shall, within twenty-one
days from an application made by the employ ee, 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 em p l o y ee shal l be ma de in wr it in g wi th in seve n d a y
s of t h e 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 fi ve weeks f o llo wing the end of such leave in w h ich she is incapable for work owing to a pathological condition arising
out of confinement.
(18) Any period of incapacity for work referred to in the last preceding subarticle 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 s u c h ent itlement shall be deemed to be leave of ab sence 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 empl oyee and to report to hi m on t h e condition of her health.
(19) The employee shall, at the termination of maternity leave to whi ch she is en tit le d u nd er t he pr ov isio ns of t hi s
A ct or o f th e period of her incapacity for work to which subarticle (17) refers, be en ti tled to r e su me work i n the
po st sh e occup i ed o n t h e commencement of her maternity leave, or in an analogous post if at the time when she become s
s o entitled the pos t she formerly occupied is no longer available.
(20) Where a female employee does not resume work as provided in the preceding subarticle, or, after having so resumed
work, aban don s t h e serv ice of h e r em plo y er w i t hou t go od and su f f i c ient cause wi thin six m ont hs from the dat
e of such resumption, she shall be liable, withou t prejudice to any other liability under this Act, to pay the employer a sum
equivalent to the wages she received during the maternity leave.
(2) The Minister may, after consultation with the Board, make regulations prescribing the circumstances when redundancies are to
be deemed co llective redundan c i e s; the m a n n er i n whi c h con s ult a tio ns b e t w een t h e empl oyer an d t h
e empl oy ees’ representatives are to take place; the procedure to be adopted; the categories or classes of employment that are
exempted from the ef fect s of this ar ticl e and an y ot her matt er t h at i s 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.
Collective redundancies.
(2) The transferor and the transferee shall inform the employees’ representatives of their respective employees affected by the transfer with:
Transfer of business. Amended by: IX. 2003.124.
Cap. 386.
(a) the date or proposed date of the transfer; (b) the reasons for the transfer;
(c) the legal, economic and social implications of the transfer for the employees; and
(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 o r the en try int o force o r app licatio n of anoth e r collective agreement.
(4) Subarticles (1) and (3) shall not apply to any transfer of an undertaking, business or part of an undertaking or business where
the tran sf eror 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 i n st itu ted w i t h a vi ew to th e l i q u i d at ion o f th e asset s of the
transferor an d are un der t h e supervi s ion of a co urt ap poi nted 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 undertaking s th at 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.
Employees excluded from operation of articles 36, 37 and
38.
Cap. 234.
Condition in contract of service without effect.
Certificates of service.
39. The provisions of articles 36, 37 and 38 shall not apply in respect of seamen employed on ships under the provisions of the M erchant 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.
Provided that the employer shall not be required to state the reason o f term ina tio n of em pl oy me nt, if th e e m p l o y m e nt wa s terminated during probation.
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
(2) Inspectors so appointed as aforesaid shall be empowered - (a) to enter freely and without previous notice at all
reasonable times any premises or place liable to
inspection under this Act;
(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 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 -
(i) to interrogate, alone or in the presence of witnesses, the employer or the employees on any of the said matters;
(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 co nsiders t h at such a noti f icati on m a y be preju d icial to th e 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 appl y or any premises or places
in
Conditions less favourable than Act.
Appointment of inspectors. Amended by:
V. 2011.49.
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 -
(a) shall be prohibited from having any direct or indirect interest in any premises or places which may be subject to inspection
by them;
(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;
(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
(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 subarticle (5), shall, in ad dition 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 -
(a) omit to answer or answer falsely or cause any other person not to answer or to answer falsely to any question which
an inspector is authorised to ask under this Act; or
(b) fail to produce any books, registers or other documents which, pursuant to subarticle (2)(b)(ii), he is required by an inspector to produce; or
(c) directly or indirectly prevent any person from appearing before or being questioned by an inspector, or attempt
so to do; or
(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
(a) to answer any question which may incriminate him.
Criminal proceedings.
otherwise conduct the prosecution instead of the Police.
(2) The sworn statement of any officer mentioned in the last preceding subarticle to the effect that he has been deputed by the
Director for the purpose therei n s t ated, 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.
45. (1) Any employer who contravenes or fails to comply with any recognised conditions of employment prescribed by a national stan dard
order or b y a sect oral regul ation order or collective agreement, or with any provisions of this Act or any regulations made
thereunder shall, unless a different penalty is established for such offence, on conviction be liable to a fine (multa) of not less t h an two hund red and thirt y -two eu ro and ni net y -four cents (232.94) and not exceeding two thousand and three
hundred and twenty-nine euro and thirty-seven cents (2,329.37).
(2) Where any employer is convicted of -
(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
(b) having made any illegal deduction or inflicted any fine other than those specifically permitted by article 19, or
(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
(d) having withheld any remuneration or any payment in lieu of notice, or
(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
(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 subarticles of this article,
order the offender, on proof of the amount, to refund or pay to the employee or employees con cerned, 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
Penalties.
Amended by:
L.N. 427 of 2007.
h a d b een gi ve n i n a ci vi l ac ti on du ly in sti t u t e d b e t w e e n t h e employee or employees concerned or the apprentice
or apprentices concerned, as the case may be, and the employer:
Provided that nothing in this subarticle 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.
Cap. 9. (3) Article 24 of the Criminal Code shall apply in respect of offences under this Act.
Offence by partnership, etc.
Limitation of action.
Regulations. Amended by: IX. 2003.125;
L.N. 427 of 2007.
Cap. 327.
(2) Where the offence relates to the failure by an employer to pay w ages to an em ployee or failure to al low paid h o lidays 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 faile d to pay the wages due to the employee regularly over the period of prescription.
PART VII
ADMINISTRATION RELATED TO EMPLOYMENT
(2) The Minister shall have power to make and when made vary or repeal regulations for the purpose of carrying out and giving
effect to any of the provisions of this Act.
(3) Without prejudice to the generality of the power conferred by subarticle (2), the regulations may -
(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;
(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;
(c) prescribe fees to be levied with respect to any matter required or allowed under this Act;
(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 and six hun dred and fort y-six eu ro and eigh ty-seven cents (11,646.87) in respect of any contravention
of, or failure to comply with, the provisions of such regulations.
TITLE II
INDUSTRIAL RELATIONS PART I
ORGANIZATION OF WORKERS AND EMPLOYERS Sub-Part 1
Status, registration and conduct of trade unions and employers’ Associations
(a) it shall be capable of making contracts;
(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;
(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;
(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;
(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
Status of trade unions and employers’ associations.
Cap. 249.
shall not, by reason only that they are in restraint of trade, be unlawful so as -
(a) to make any member of the union or association liable to criminal proceedings; or
(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.
(2) The rules shall -
(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;
(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;
(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;
(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;
(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;
(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;
(g) make provision for the inspection of the books and names of members of the union or association by every person having an
interest in the funds of the union or association;
(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.
(2) Any trade union or employers’ association, and any memb er, officer or other offi ci al thereof, w ho contravenes t h e provisions of subarticle (1) shall be guilty of an offence and shall be l i abl e on con v ict i on to a fine ( mu l t a ) not exceeding one thousand and one hundred and sixty-four euro and sixty-nine cents (1,164.69).
Trade unions and employers’ associations not to carry on business unless registered. Amended by:
L.N. 427 of 2007.
(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 t o p r od uce t o hi m any relevan t d o cum e nt, an d m a y al so administer oaths.
Registrar of Trade
Unions.
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.
Registration of trade unions and employers’ associations.
(2) Without prejudice to any other provision of this Act relating to registration, the following provisions shall ha ve effect
with respe c t t o the reg i strati on of t r ad e un io ns an d e m p l oy ers’ associations under this Act, that is to say -
(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
Provisions with respect to registration.
union or association in which there shall also be shown their respective offices;
(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;
(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;
(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 regist er any rules, or alteration to the
rules, whi c h contravene the foregoing provisions of this article.
Refusal or cancellation of registration.
(a) the applicants for registration have not been duly authorised to apply for registration; or
(b) any of the purposes of the trade union or employers’
association is unlawful; or
(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 -
(a) at the request of the union or association, to be evidenced in such manner as he may require;
(b) on proof to his satisfaction that a certificate of registration has been obtained by fraud or mistake, or that the
registration was void, or that the union or association has wilfully contravened any of the provisions of this
Act;
(c) if, for any reason, the rules of the union or association are not in conformity with the provisions of this Act;
(d) if he is satisfied that the union or association has ceased to exist;
(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, o r other st eps taken , by the unio n or associat ion, 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 subarticle and give notice of the cancellation in the Gazette.
(5) From any refusal by the Registrar to register a trade union or an em pl oyers’ associat ion and from any deci si on by him
to cancel any such registration, an appeal shall lie to the Court of Appeal b y appli cat ion m ade not later than seven d ays
fro m t he 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 subarticle 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 th e Co de of Organization and Civil Procedure shall apply.
(8) The Registrar shall be entitled to be heard on any such appeal and shall be given the opportunity to do so.
Cap. 12.
(2) The register of trade unions and employers’ associations shall be open to in spection by any person free of charge at all
Register of trade unions and employers’ associations.
reasonable times.
Register of members to be kept by trade unions and employers’ associations.
(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 empl oyers’ associ ati on shall g i ve 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 -
(a) a list of the names of the officers of the union or association, showing also the office held by each of them;
(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;
(c) a statement of the receipts, funds and expenditure of the union or association in respect of the preceding year;
(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 eve r y employers’ as sociation shall comply with such requirement, wi thin fi ft een days fr om t h e
publication of the notice in the Gazette as aforementioned.
Accounting records.
(a) cause to be kept proper accounting records with respect to its transactions and its assets and liabilities, 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
(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 this article to audit its accounts; and every trade union or
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.
Cap.386.
(2) The Minister shall cause the report to be published in the
Gazette.
Report by
Registrar.
(a) the seal, if any, to be used by the Registrar for the purposes of registration;
(b) the forms to be used for such registration and for any application therefor;
(c) the inspection of registers and documents kept by the Registrar and the making of copies of any entries therein;
(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;
(e) generally for carrying into effect the provisions of this
Part of this Act.
Rules with respect to registration.
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 li able 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
Offences against articles 57, 58 and
59.
Amended by:
L.N. 427 of 2007.
article 57, 58 or 59, with intent to falsify the document or to enable a trad e unio n or empl oyers’ association to evade any of th ose 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 twenty- nine euro and thirty-seven cents (2,32 9 .37) or t o b o th such imprisonment and fine.
Immunity of trade unions and employers’ associations to actions in tort.
Sub-Part 2
Restrictions on legal liability and proceedings and on union membership
(a) alleged to have been done by or on behalf of a trade union or by or on behalf of an employers’ association; or
(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) subarticle (1) of this article 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
-
(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
(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.
(a) that it induces another person to break a contract of employment; or
(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
(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 subarticle (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 employe r to termina t e 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
t o do or procu r e the doin g of any act i n con t emplation or
furtherance of a trade dispute.
(6) Subarticle (4) of this article shall not apply to:
(a) persons employed as Air Traffic Controllers at the Malta International Airport and in the Airport Fire Fighting
Section of the said airport;
(b) members of the Assistance and Rescue Force established by virtue of article 8 of the Civil Protection Act;
(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;
(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, 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 the absence of such body,
the Industrial Tribunal;
(e) such minimum number of persons as may be required to guarantee the combined production, provision and distribution of water and
electricity, as agreed upon by
Cap. 9.
Cap. 411.
union or in default of such agreement, as shall be decided by the Industrial Tribunal;
(f) such number of persons as may be required to maintain the continued and uninterrupted services listed in the Schedule to this
Act and required to be manned at all times for the continued provision by the Government of essential services to the community;
(g) such number of persons in such posts as the Minister responsible for transport may by notice in the Gazette prescribe, as being
necessary to provide service at the level of one-half of the public passenger transport services in Malta and Gozo and
one-half of the scheduled public ferry services between Malta and Gozo and it shall be deemed to be an implied condition
of the contract of employment of any employee employed in the public passenger transport services and scheduled ferry
transport services that the said employee shall be obliged to perform duties as directed by the employer thereof
in order to constitute the number designated as aforesaid and any employee failing to perform such duties without justification
shall be liable to dismissal:
Provided that, for the purposes of subparagraphs (d) and (e) if no agreement is reached as aforesaid within a period of one month from the date of coming into force of this Act, the matter
shall be referred to the appropriate controlling body or Industrial Tr ib unal, as the case may be, at the request of any one of
the parties:
Cap. 499.
Provided further that for the purpose of paragraph (g) the term "public passenge r transpor t services" shall have the
same meaning as that assigned to it in the Authority for Tr ansport in Malta Act.
(7) Where the number of public officers holding or employed in any of the offices aforesaid is greater than the number indicated
in the said Schedule as essentially required, subarticle (6) shall apply only to the more senior among those officers who together
make up that number (excluding only any of them who are on leave authorised expressly for the purposes of this subarticle, and only
while they are so on leave), seniority being determined by any senio rit y inh erent in t he office itself or, in the absence of
such seniority, by the length of the officers’ service in the office held by them or in which they are employed at the relevant
time, and in cases of equal lengths of service by the age of the officers having the same length of service.
(8) Any public officer to whom, by virtue of subarticles (6) and (7), subarticle (4) does not apply, shall have his service with
the Government terminated forthwith if, in contemplation or furtherance of a trade dispute or of any other action taken by two or
more public officers or other workers (whether or not in pursuance of a directive issued by a trade union), or in support thereof
or in
sympathy therewith, such officer refuses or otherwise fails to carry out those duties that are necessary for the continued provision
of the essential service, in accordance with this Act and with the terms of service or conditions of employment and under the direction
of the competent authorities of the Government.
(9) The Schedule to this Act may be altered, added to or otherwise amended -
(a) by a resolution of the House of Representatives; or
(b) by the Prime Minister by order in the Gazette:
Provided that an order as aforesaid may not increase the total number of officers in Category A to more than forty-five (45); in Category
B to more than one hundred (100) and in Category C to more than two hundred and twenty-five (225).
(a) a place where another person works or carries on business; or
(b) any other place where another person happens to be, not being a place where he resides,
for the purpose only of peaceful ly obtaining or comm unicating information, or peacefully pers uading any person to work or abstain
from working.
(a) uses or threatens to use violence against such person, or the wife, husband or child of such person, or a member of
his household, or causes or threatens to cause damage to his property;
(b) persistently follows such other person from place to place;
(c) watches or besets the house or other place where such other person resides or the approaches to such house or place;
(d) deprives such person, or in any manner hinders him in the use of, any tools, clothing or other property owned or used by such
other person,
sh all b e gu ilty of an of fence and be l i abl e on convi ctio n to imprisonment for a period not exceeding three months or to a
fine (multa) not exceeding one thousand and one hundred and sixty-four euro and sixty-nine cents (1,164.69) or to both such imprisonment and
fine, without prejudice to any heavier punishment to which the offence may be liable under any other enactment.
Peaceful picketing.
Use or threats of violence. Amended by:
L.N. 427 of 2007.
Restriction on union membership.
to represent or advise the Government in industrial relations with the union or unions representing its employees, shall not become,
and if he is shall cease to be, a member of that trade union; and the provisions of this subarticle shall be an implied term of his
terms of service with the Government.
(2) Subject to the provisions of subarticle (3), in respect of a p e rso n em pl oy ed in such m a nage rial or executive post,
in any corporation or other body established by law or in any company or o t her partnership or in any ot her bod y h a ving a d
i sti n ct l e gal personality (hereinafter referred to as a "corporate employer"), as will require the holder of that
position to represent or advise the corporate emplo y er in it s rel a t i ons with t h e union or union s representing its other
employees or any part thereof, it shall be an implied term of the contract of employment of such person that he shall not, while
occupying such position, be a member of any of the trade unions aforesaid.
(3) subarticle (2) shall apply only to such posts, being:
(a) not more than three in the case of a corporate employer employing not more than two hundred persons;
(b) not more than seven in the case of a corporate employer employing more than two hundred employees,
as such employer shall have indicated in writing to the trade union of which the holder of the said posts may not be a member.
PART II
VOLUNTARY SETTLEMENT OF DISPUTES
Conciliation Panel. 68. The Minister shall appoint a Conciliation panel composed of not less than five perso n s to ser v e as conciliators in t r ade disputes as may be referred to them from time to time, so however that:
(a) the panel shall be composed of such persons appointed by the Minister after consultation with the Malta Council for Economic
and Social Development;
(b) the appointment shall be for a period of two years;
(c) during the term of the appointment, the Minister may substitute members or fill in vacancies whenever necessary, after
consultation with the Malta Council for Economic and Social Development:
Provided that no person as is mentioned in article 73(3), shall be nominated or appointed on the Conciliation panel.
Powers of the Minister for promoting conciliation and preventing disputes.
(a) the Director, or
(b) a conciliator who may be chosen -
(i) either by the same parties to the dispute in agreement between them;
(ii) or, if there is no such agreement, by the Director from amongst the Conciliation panel established by virtue of article 68:
Provided that nothing shall preclude the Director or his d e legate fro m i n v iti ng t h e p a r t i e s to th e d i spu
t e t o atten d conciliation meetings.
(2) The functions of the conciliator appointed in accordance with subarticle (1) shall be -
(a) to communicate with the parties to the trade dispute immediately on the referral;
(b) to organise and preside conciliation meetings between the parties as may be necessary in order to resolve the trade dispute;
(c) to consider the causes and circumstances of the trade dispute;
(d) to endeavour to bring about an amicable settlement of the dispute as expeditiously as possible; and
(e) to make such recommendations as the conciliator may deem fit in order to resolve the trade dispute.
(3) Where a trade dispute exists or is apprehended and the p a rti e s fai l to no minat e or to agree on t h e app o
in tmen t o f a conciliator in accordance with subarticle (1), or where an appointed Conciliator reports a deadlock, the Director
shall refer the matter to the Minister and copy such referral to the parties to the dispute.
(4) Where a trade dispute is referred to the Minister in accordance with the last preceding subarticle, the Minister may,
if he thinks fit:
(a) appoint a court of inquiry to inquire into and establish the causes and circumstances of the dispute;
(b) on an application by both parties to the dispute, refer such trade dispute to the Industrial Tribunal.
(5) A court of inquiry shall have the same powers as are by the Code of Organization and Civil Procedure conferred on a superior court, except that it shall not have the power to order the detention of any person , and with out p r ejud
ice to t h e general ity o f t h e aforesaid, a court of inquiry may summon witnesses and administer the oath, appoint assessors,
and require any person who appears to it to have special knowledge of the matter of the inquiry to furnish, in writing or otherwise,
and to confirm on oath, such opinion and such particular relating to that matter as the court may require. Where the court consists
of more than one person, the oath shall be administered by the Chairperson.
Cap. 12.
69, and a memorandum of the terms of that settlement has been dr awn up in writing and has been signed by the par ties or their
Voluntary settlements.
representatives and a copy thereof, together with a declaration that is a settlement for the purposes of this article signed as aforesaid,
has been delivered to the Minister -
(a) it shall not be open to any of the parties to seek by unilateral action a revision of the terms of the settlement
before the expiration of at least one year from the date of that settlement; and
(b) any such settlement shall be binding on the parties to it, on the workers represented in the dispute and the workers affected
by it and shall be binding on any successor in title of any one of the parties to the dispute.
Regulations. 71. The Minister may make regulations for any of the following purposes -
(a) for regulating the procedures to be followed by the Conciliation Panel and by the conciliators appointed on the panel;
(b) for regulating the composition and procedure of courts of inquiry.
Negotiating machinery for public officers.
Provided that the Council and any other negotiating machinery established by or under this article, shall not in any
way deal with or encroach on any matter falling within the functions of the Public Service Commission.
(2) The Council shall consist of not more than four members rep resenti ng the Go vernm ent , and not m ore than four members
representing the trade union having as its members the larg est number of persons providing the essential service in the relevant
section or area involved in the dispute:
Provided that the members appointed by the recognised trade union in accordance with the provisions of this subarticle, shall
be so appointed by the union concurrently with the official registration of a trade dispute and shall be signified in writing by
letter addressed to the Permanent Secretary in the Office of the Prime Minister:
Provided further that, in accordance with the preceding proviso, the composition of the Council may vary if there is more than
one dispute that has been referred to the Council and such disputes are separate and are made by a different trade union as specified
in the first paragraph of this subarticle.
(3) Saving what is provided in subarticle (4), the decisions of the Council shall only be taken by a unanimous vote. Any decision
so taken or agreement so r eached shall be binding on the Government and on all public officers to whom that decision or agreement
applies.
(4) Where in respect of any trade dispute falling within the funct i ons of the Council an agr eement acceptable to all the
members cannot be reached, and the Chairperson of the Council registers disagreement, the Chairperson shall refer the matter to the
Industrial Tribunal within fifteen days of such disagreement being registered and the Industrial Tribunal shall be bound to reach
a fin a l deci si on on the t r ade dispu t e (inclu din g th e m a k i ng of recommendations) by not later than two months from
the referral, unless in the opinion of the Chairperson of the Industrial Tribunal, a longer period is necessary for a valid reason
which must be stated and recorded in the proceedings of the Tribunal.
(5) The Minister may, after consultation with the Council, make regul at ions t o gi ve fuller effect to the p r ovi si
ons of th is article and to any other relevant provisions of th is Act, and in particular, but without prejudice to the generality
of the aforesaid, such regulations may -
(a) determine the procedure of the negotiating machinery established by this article;
(b) specify in more detail and otherwise determine the functions, powers and duties of any such machinery and of any sub-committee
or other body thereof, and of any of their chairpersons or other members;
(c) provide for any matter connected with or ancillary to any of the foregoing matters.
(6) The provisions of article 70 shall apply to an agreement reached as provided in subarticle (3) or subarticle (4) as they apply
to a settlement referred to in that article.
PART III
THE INDUSTRIAL TRIBUNAL
(2) The Prime Minister shall appoint a panel of not more than fifteen persons to act as chairpersons of the Industrial Tribunal,
after consultation with the Malta Council for Economic and Social Development, so however that -
(a) at least three of the members so appointed shall be persons who are advocates of at least seven years experience;
(b) such persons shall be appointed for a period that does not exceed three years from the date of their appointment
and may be re-appointed for further periods each of not more than three years;
(c) such persons shall serve as chairpersons 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.
Establishment and composition of Industrial Tribunal. Amended by:
III. 2004.6.
(3) Save as is provided in subarticle (4), the Industrial Tribunal shall consist of -
(a) a Chairperson chosen in accordance with the provisions of subarticle (2); and
(b) two other members of the Tribunal who shall be selected by the Chairperson of the Tribunal to represent,
so far as may be equally, the interests in dispute, from two panels of persons appointed by the Minister to serve as members
of the Tribunal as occasion may require, one panel consisting of persons nominated by trade unions represented on the Malta
Council for Economic and Social Development and the other panel consisting of persons nominated by employers’ associations
and other organisations representing employers represented on the Malta Council for Economic and Social Development:
Provided that if the parties to a trade dispute agree, within such time as the Chairp erson shall fix for the pu rpo s e, on t h e
selection of the two members who are to sit with the Chairperson, the Chairperson shall make th e sele ction according to that agreement.
(4) In all cases covered by article 75, the Tribunal shall be composed of a Chairperson a l on e provided that in those
case s covered by article 75(1)(b), the Chairperson shall be one of the members appointed in accordance with subarticle (2)(a).
(5) In all cases not provided for by subarticle (4) in which the Government, or any body or company referred to in article 80(3),
is a party, the Tribunal shall be composed of -
(a) a Chairperson chosen in accordance with the provisions of subarticle (2);
(b) a member selected by the Chairperson of the Tribunal from the panel of persons nominated by trade unions as prescribed in subarticle
(3)(b); and
(c) a member representing the government, or other body or company involved in the trade dispute who shall be appointed ad hoc by
the Minister.
(6) The Prime Minister may, from time to time, as he shall see fit and after consultation as provided in subarticle (2), vary the
composition of the panel referred to in that paragraph, but a person actually serving as Chairperson of th e T r ibu n al
shall, notwithstanding the removal of his name from the panel, continue so to serve in the proceedings in which he is serving as
chairperson until the conclusion of those proceedings and for the purpose of the interpretation of any award given therein.
(7) The Minister may, from time to time, as he shall see fit, request fresh nominations from the trade unions, associations and
organisations referred to in subarticle (3)( b), an d may v ary the composition of the panels referred to in that subarticle accordingly, but no person actually serving as a member
of the tribunal shall
h a ve his name removed from th e panel whilst proceeding s i n respect of which he was selected as a member are still pending before
the Tribunal.
(8) The Minister shall also designate a public officer to be Secretary of the Tribunal and may also detail other public
officers to assist the Secretary in the performance of his duties. The Secretary of the Tribunal shall have mutatis mutandis such powers and duties as are by the Code of Organization and Civil Procedure vested in the Registrar of Courts.
(9) The registry of the Tribunal shall be the Registry of the Su pe ri or C o u r t s ; an d the records of the Tr ibunal sha
l l be kept therein.
Cap. 12.
(2) Where all the parties to a trade dispute agree to refer the dispute to the Industrial Tribunal, they may request the Minister
in writing to refer the dispute to the Tribunal.
(3) Upon receipt of a notification under subarticle (1) and upon being satisfied that the notification or request has been received
from a bona fide employer or from an employers’ association or from a trade union representing the interests of the workers concerned in the dispute,
the Minister shall refer the dispute to the Tribunal for settlement by it; and he shall do so within twenty-one days from the date
of the notification or request.
(4) The Minister may refer to the Tribunal for advice, any matter relating to or arising out of a trade dispute, or trade
disputes generally, or trade disputes of any class, or any other matter which in his opinion ought to be so referred.
Reference to Tribunal. Amended by: III. 2004.7.
(a) all cases of alleged unfair dismissals; and
(b) all cases falling within the jurisdiction of the Industrial Tribunal by virtue Title I of this Act or any regulations prescribed
thereunder,
for all purposes other than proceedings in respect of an offence against any enactment and the remedy of a worker so dismissed or
otherwise alleging a breach of his right under Title I of this Act shall be by way of reference of the complaint to the Indu strial
Tribunal and not otherwise:
Provided that nothing in this subarticle shall be construed as affecting the provisions of the Constitution of Malta with respect
to public officers or shall affect the operation of the Port Workers Ordinance, or of the Public Transport (Regulation of Employment) Act, and in this article the expression "worker" does not include public officers or any person to whom the Ordinance or the
Act aforesaid applies.
Jurisdiction of the Industrial Tribunal. Amended by:
III. 2004.8.
Cap. 171. Cap. 214.
(2) Where it is alleged that a worker has been unfairly dismissed by an employer, or where there is an alleged breach
of an y obl ig at io n ari s ing o u t of any matter falli ng wi th in th e jurisdiction of the Industrial Tribunal under Title I
of this Act or any regulations prescribed thereunder, the matter shall be referred to the Tribunal for a decision by it by means
of a referral in writing made by the worker alleging the breach, or by some other person acting in the name and on behalf of such
worker.
(3) Any referral made in accordance with the last preceding subarticle shall be made by means of a declaration stating the facts
of the case, presented in the Registry of the Tribunal and shall, in all cases, be so presented by not later than four months from
the effective date of the alleged breach.
Procedure of the
Tribunal.
Cap. 12.
76. (1) The Chairperson of the Tribunal may be challenged, or shall abstain, from sitting in any of the circumstances set out in article
734 of the Code of Organization and Civil Procedure; and in any such case the provisions of Sub-Title II of Title II of Book Third of that Code shall apply in so far as they are applicable
and subject to the other provisions of this Act:
Provided that if all the persons appointed in accordance with article 73(2) are successfully challenged, the Tribunal shall be
chaired by another person appointed ad hoc by the Minister and who shall not be challenged.
(2) Any member of the Tribunal other than the Chairperson may be challenged, or shall abstain, if he has given evidence in
any court of inquiry or before a conciliator concerning the trade dispute before the Tribunal, or if any party to the dispute proposes
to call him as a witness; and in any such case, and in the case of any other lawful impediment of any such member, he shall be replaced
by another person selected by the Chairperson from the appropriate panel referred to in article 73(3)(b), or, in any case in which article
73(5)(c) applies, by another person appointed ad hoc by the Prime
Minister.
General powers of the Tribunal.
Cap. 12.
Cap. 108.
77. (1) The Tribunal shall have such powers as are, by the Cod e of Organization and Civil Procedure , vested in the Civil Court, First Hall.
(2) Without prejudice to the foregoing provision of this article, the Tribunal shall have th e power to summ on witnesses and
to administer the oath, to appoint assessors, and to require any person who appears to it to have special knowledge of any relevant
matter, or of any of the matters to which the trade dispute or complaint referred to it relates, or of the matter referred to it,
to furnish in writing or otherwise, and to confirm on oath, such opinion and such part icul ar s rel a t i n g t o th at d i spu
t e, mat t er or comp lain t as th e Tribunal may require, and may authorise any person to administer the oath for that purpose.
(3) Witnesses shall be paid fees in accordance with the
Witnesses (Fees) Ordinance.
(2) The case for any party to a dispute may be presented by the p a rty it sel f w h i c h may choo se to be represented or aid
e d by a person or persons of its trust.
(3) Subject to the provisions of this Act and to any rules made or deemed to be made under this article, the Tribunal shall regulate
its own procedure. Whatever the procedure adopted, the Tribunal shall endeavour to ensure that justice is don e according to the
substantive merits of the case; and, subject to the rules of natural justice, the Tribunal shall reach its conclusions on any matter
in such a manner as it deems appropriate.
(4) The Tribunal shall hold its sittings in public unless, having regard to the nature of the dispute or other matter before it,
the Chairperson deems it proper to conduct the proceedings or part thereof in private.
(5) Where the members of the Tribunal are more than one and they are unable to agree as to their award, decision or advice, the
matter shall be decided by the Chairperson acting with full powers of an umpire.
(6) The Minister may make rules establishing the procedure to be followed by and before the Tribunal and otherwise making such
provisions with respect to su ch proceedings as he may deem necessary or expedient.
Further provisions with respect to the Tribunal.
(2) The Tribunal shall in its award or decision tax the fees of the person or persons representing either party in accordance with
the Tariff made under the preceding subarticle.
(3) No person shall charge fees in excess of those taxed by the
Tribunal or in the absence of such taxation, in excess of the Tariff.
(4) Any party who is charged fees in excess of any tariff which is or may be prescribed by law may claim back the excess by a
wri tten req u est t o t h e Secret ary of the T r i bunal , who shall thereupon verify the claim, and if so verified, shall order
the person to whom the excess was paid to refund it to that party.
(5) If the Tribunal finds that there was gross overcharging it may ord e r th e person so ov erchar ging to pay a p e nalty not
exceeding two thousand and three hundred and twenty-nine euro and thirty-seven cents (2,329.37) to the Secretary, who shall upon
receiving that penalty transmit it to the Consolidated Fund.
(6) An order for reimbursement made in terms of subarticle (4) and an order to pay a penalty made in terms of subarticle (5), shall
be an executive title for all intents and purposes of the Code of
Fees.
Amended by:
L.N. 427 of 2007.
Cap.12.
Organization and Civil Procedure and shall be enforceable as such by the Civil Court, First Hall in the same manner and by the same means laid down in that Code.
Provisions affecting awards and decision of Tribunal.
(2) Where any matter before the Tribunal concerns or relates to public officers -
(a) the Tribunal shall ensure that there is no encroachment on the functions of the Public Service Commission, and shall abstain
from taking cognizance of any matter which is within the functions of that Commission; and
(b) any award or decision of the Tribunal shall be subject to the overriding authority of the House of Representatives.
(3) Where the matter before the Tribunal concerns or relates to persons employed with bodies corporate established by law and
managed by a board or other body appointed by the Government or to persons employed with companies in which the Government has a
controlling interest, any award or decision of the Tribunal shall endeavour to establish or maintain due relativity between the terms
and conditions of those employees and the terms and conditions of public officers.
(4) The Tribunal shall not make any award or decision which is inconsistent with any enactment, or other instrument having the
force of law, regulating wages and other terms and conditions of employment.
Powers of Tribunal in cases of dismissal.
Amended by: V. 2009.4.
(a) finds that the grounds of the complaint are well- founded, and
(b) on the specific request of the complainant to be reinstated or re-engaged made in the referral or in the statement of
his case,
the Tribunal considers that it would be practicable and in accordance with equity, for the complainant to be reinstated or re-engaged
by the employer, the Tribunal shall make an order to that effect, stating the ter ms on which it considers th at it w ould b e reaso
nable for the complainant to be so reinstated or re-engaged:
Provided that where the complainant is employed in such manageri al o r execu tive post as r e q u i r e s a s p ec ia l tr u s t
i n t h e person of the holder of that post or in his ability to perform the duties thereof, the Tribunal shall not order the reinstatement
or re- engagement of the complainant; but where the complainant was
a p pointed or s e lected to s u ch pos t a s afores aid by his fellow workers the Tribunal may order his reinstatement or re-engagement
in the post held by him before such appointment or selection.
(2) Where on a complaint made under article 75, the Tribunal finds that the grounds for the complaint are well-founded -
(a) in cases of unfair dismissal, if there is no specific request for reinstatement or re-engagement or the Tribunal
decides not to make an order for reinstatement or re-engagement as aforesaid, the Tribunal shall
make an award of compensation, to be paid by the employer to the complainant, in respect of the dismissal:
Provided that, in determining the amount of such compensation, the Tribunal shall take into consideration the
real damages and losses incurred by the worker who was unjustly dismissed, as well as other circumstances, including the
worker ’s age and skills as may affect the employment potential of the said worker;
(b) in all other cases other than cases alleging a breach of articles 26, 27, 28 or 29, the Tribunal may make such order as it
deems necessary in order to remedy the breach or it may make an award of compensation to be paid by the employer to the complainant,
or it may award such compensation and make such orders as it may deem necessary in order to remedy the breach; and
(c) in cases alleging a breach of articles 26, 27, 28 or 29 the provisions of article 30(2) shall apply.
Provided that it shall not be open to either of the parties to seek by unilateral action a revision of any award or decision of the
Tribunal before the expiration of at least one year from the date of such award or decision.
(2) A decision or award of the Tribunal may be made retrospective to a date which -
(a) in the case of an unfair dismissal, is not earlier than the date of such dismissal; and
(b) in any other case is not earlier than the actual occurrence of the breach or, if such date is not determinable,
is not earlier than the date on which the trade dispute to which the decision or award relates first arose.
Effects of awards or decisions by Tribunal.
Cap. 12.
(3) In cases of unfair dismissal and in cases falling under the jurisdiction of the Industrial Tribunal in accordance with article
75(1)(a) and (b), there shall be a right of appeal on a point of law.
Such appeal shall be made by an application to the Court of Appeal constituted in accordance wi th article 41(6) of the C ode of
Organization and Civil Procedure. Such application shall be filed
by not later than twelve days from the date of the decision of the
Tribunal:
Provided that when an appeal is lodged to the Court of Appeal and a plea is entered by either of the parties that the appeal
is null and void because it is not based on a point of law decided by the Tribunal or that the appeal is null and void at law for
any other reason whatsoever, that appeal shall be referred by the Registrar to the Court of Appeal for a decree in camera on the admissibility or otherwise of the appeal.
(4) The enforcement of the awards and decisions of the Tribunal shall be carried out in the manner prescribed in this Act
and in the Code of Organization and Civil Procedure, and shall vest in the Tribunal itself.
Interpretation of awards and decisions of Tribunal. Amended by:
L.N. 427 of 2007.
Application of Act to government employees. Amended by:
IX. 2003.126.
(2) For the purposes of this article the membership of the Tribunal shall be as far as may be reasonably possibly identical
to th e mem b er sh ip of t h e Tr i b u n a l whe n i t mad e th e awar d t h e interpretation of which is requested.
(3) If during the hearing of any application made under subarticle (1), the Tribunal finds that the application is vexatious,
the Tribunal may order the offending party to pay to the other party a penalty not exceeding four hundred and sixty-five euro and
eighty-seven cents (465.87). Any such penalty shall be recoverable as a civil debt.
TITLE III
SUPPLEMENTARY PROVISIONS
(2) In this article "government employment" means employment under or for the purposes of a government department, o t herwise th an as a member of a disci p lin ed force, an d "government employee" means a person who for the time being is in government employment.
86. All regulations, orders and subsidiary legislation made un der or k e p t in fo rc e b y th e Co nd it io ns o f Em pl
oy m e nt (Regulation) Act (repealed by this Ac t * ) and by th e Ind u strial
Relations Act (repealed by this Act†) and any National Standard
Order and Wages Council Wage Regulation Order in force on the
date on which this Act comes into effect, shall continue in force thereafter and shall have effect thereafter as if made under this
Act, and may be amended or repealed accordingly.
Expenses necessary for putting Act in operation.
Savings. Cap. 135. Cap. 266.
*Article 18(1), (2), (3) and (4) of the Conditions of Employment (Regulation) Act, in relation to entitlement to maternity leave, which is to continue to be regulated by the Conditions of Employment (Regulation) Act, is still in force.
†All cases which immediately before the coming into force of the Employment and
Industrial Relations Act were pending before the Industrial Tribunal, as constituted
under the Industrial Relations Act, shall continue to be regulated by the said Industrial
Relations Act.
SCHEDULE
(Article 64(6))
List and number of offices required to be manned at all times for the continued provision by the Government of essential services
to the community.
Offices CATEGORY A ADMINISTRATIVE SERVICES Director General (Health) Adm i nistrativ e Di rect or responsible for | Number |
Pharmaceutical Services | |
Administrative Director responsible for Hospitals | |
Ad min ist r ati v e Dir e ct or respo n si bl e fo r Pu bl ic Health | |
Admini s trative Di rector respo n sible for Primary Health Care | |
Consultants in Administrative Posts ......................... | 3 |
Principal Medical Officers ....................................... | 3 |
Port/Airport Medical Officers .................................. | 2 |
CLINICAL SERVICES IN MALTA | |
Consultants | |
All Directors and Cli n ical Chai rpersons (with respect to administrative duties and responsibilities to ensure the effective running of their respective departments) ........................................................... | 12 |
Medical Administrator – Gozo General Hospital ...... | 1 |
Manager Nursing Services |
St. Luke’s Hospital
Mount Carmel Hospital
Boffa Hospital
Gozo General Hospital
St. Vincent De Paule
Manager Midwifery services
Manager Radiography
Manager Physiotherapy
Manager Laboratory Services
CATEGORY B - DOCTORS
For the purposes of this category, the term "on call" shall mean that the person m ay be contacted by phone, pager or ot
herwise and is expected to exercise clinical judgement and the term "residen t" shall mean present on site in the hospital
to deliver emergency services; the term "by day" shall mean from 8.00 am to 10.30 pm and the term "by night"
shall mean from 10.30 pm to 8.00am.
Accident and Emergency Department
On Call ................................................................... 1 Consultant
Offices Number
Resident by day ....................................................... 6 Senior Registrar/
Registrar/SHO/MO/HM
Resident by night .................................................... 4 Senior Registrar/
Registrar/SHO/MO/HM
Medicine
Consultants On Call ................................................ 1 Gastroenterology
1 Diabetology
1 Neurology
1 Nephrology
1 Haematology
1 Respiratory
1 Cardiology
1 Infectious Disease
Resident .................................................................. 2 Senior Registrars
2 Registrar/SHO
3 Housemen
Surgery
Consultants On Call ................................................ 1 Orthopaedic Surgery
1 ENT
1 Ophthalmology
1 Cardio Thoracic
1 Urology
1 Plastic Surgery
1 Neuro Surgery
1 Vascular/Transplant
Surgery
Resident .................................................................. 2 Senior Registrars
1 Sen. Reg. Osthopaedics
2 Reg/SMO Gen Surgery
1 Reg/SHO Orthopaedics
1 Reg/SHO Ophthalmology
1 Reg/SHO Cardiothoracic
1 Reg/SHO Urology
1 Reg/SHO ENT
4 Housemen
Paediatrics
Consultants On Call ................................................ 1 Consultant Paediatrician
1 Paediatric Surgeon
1 Paediatric Cardiologist
1 Paediatric Oncologist
Resident .................................................................. 1 Senior Registrar
3 Reg/SHO/Houseman
Offices Number
Obstetrics and Gynaecology
Consultants On Call ................................................ 1 Consultant Obstetrician
Resident .................................................................. 1 Senior Registrars
2 Reg/SHO
2 Housemen
Anaesthesia
Consultants On Call ................................................ 3 Consultant Anaesthetists
Resident .................................................................. 5 Senior Registrars
1 Sen Reg for ITU
Radiology
Consultants On Call ................................................ 1 Consultant Radiologist Resident ..................................................................
1 Senior Reg/ Reg/ SHO Blood Transfusion
Consultants On Call ................................................ 1 Consultant
Resident .................................................................. 1 SHO/MO/Houseman
Pathology
Officers in charge on Call ....................................... 1 Toxicology
1 Virology
1 Bacteriology
1 Infection Control
1 Histopathology
1 Biochemistry
1 Public Health Laboratory
Psychiatry
Consultants On Call ................................................ 1 Consultant Psychiatrist
Resident .................................................................. 2 Sen Reg/ Reg/ SHO/ Houseman
Geriatrics
Consultants On Call ................................................ 1 Consultant Geriatrician
Resident .................................................................. 2 Sen Reg/ Reg/ SHO/ Houseman
Oncology
Consultants On Call ................................................ 1 Consultant Oncologist
Resident .................................................................. 2 Sen Reg/ Reg/ SHO/ Houseman
Dermatology
Consultants On Call ................................................ 1 Consultant Dermatologist
CATEGORY C
Nursing Services
For the purposes of this category, the term "by day" shall mean from 7.00 am to
7.00 pm and the term "by night" shall mean from 7.00 pm to 7.00am.
Special Care Baby Unit ........................................... Full staff complement
Offices Number
Intensive Therapy Unit ............................................ 1 Nurse per patient
High Dependency Unit ............................................ 1 Nurse per 2 patients
Renal Unit ............................................................... 1 Nurse for every 4 patients plus 1 for every special
case
Accident and Emergency ......................................... 8 Nurses by day and 5 nurses by night
Labour Ward and Theatre ........................................ 5 Midwives plus 2 nurses/
midwives for Theatre
Operating Theatres .................................................. Staff to provide services in
3 Theatres by day and 2
Theatres by night
Coronary Intensive Care Unit .................................. 1 Nurse per patient
Coronary Care Unit ................................................. 3 Nurses by day and 3
Nurses by night
General Acute Wards ............................................... 2 Nurses by day and 2
Nurses by night
Chronic Wards ......................................................... 1 Nurse by day and 1 Nurse by night
Gynaecology Wards ................................................. 4 Nurses/Midwife by day and 3 by night
Antenatal Wards ...................................................... 2 Midwives by day and 2 by night
Post natal Wards ...................................................... 4 Midwives by day and 3 by night
Paramedic and Other services
For the purposes of this category, the term "by day" shall mean from 7.00 am to
7.00 pm and the term "by night" shall mean from 7.00 pm to 7.00am.
Radiographers ......................................................... 2 by day and 2 by night
Physiotherapists ...................................................... 4 by day
Laboratory Technologists ........................................ 4 by day and 4 by night Pharmacists .............................................................
3 by day and 1 by night Electrical Engineer .................................................. 1 by day and on call by
night
Mechanical Engineer ............................................... 1 by day and on call by night
Maintenance Staff .................................................. 3 by day and 3 by night
Services at Gozo General Hospital
1 Consultant on call on each of General Medicine, General Sur g ery, Orthopaedics/Anaesthesia
4 Sen. Reg/ Reg/ SHO/ to cover wards and Emergency Department
1 Pharmacist
1 Lab Technologist
1 Maintenance Staff
Offices Number
Nursing and Midwifery as applicable to Malta Hospitals
Ambulance Drivers Service
By day ..................................................................... 8 Drivers in Malta and 3 in
Gozo
By night .................................................................. 4 Drivers in Malta and 2 in
Gozo
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