We at LexPractis are actively following all the measures which are coming into effect by means of various Legal Notices, each of which is explained hereunder.
Closure of Schools Order
- The Superintendent of Public Health ordered the closure of all schools to students and educators until the Superintendent, by notice in the Gazette, repeals the order for the closure of schools.
This shall include any institution the resources of which, both of persons and of things, are ordained towards the promotion of the education and training of other persons through the dissemination of knowledge.
Such order shall apply to the following;- All Child Care Centres;
- All kindergarten Centres;
- Colleges;
- Sixth Forms/Higher Secondaries;
- The University of Malta;
- All other tertiary educational institutions;
- Further and higher educational institution;
- ELT schools
Suspension of Organised Events Order, 2020
- Such order shall suspend all organised events, which events include;
- All cultural events;
- All recreational events;
- All entertainment events;
- All sporting events;
- All religious events;
- All exhibitions in public or private places.
- This suspension shall apply for all those events and exhibitions held inside places subject to the closure of places open to the Public Order.
Measures to be taken by Superintendent for any person who fails to abide by the provisions of these regulations:
The Superintendent, is hereby prescribing measures to guard against and, or to control the COVID-19 infectious disease. Anyone who fails to abide by the provision of these regulations shall be guilty of an offence and shall on conviction, be liable to the payment of a penalty of three thousand euro (€3,000) for each and every occasion in which that person breaches the Suspension of Organised Events Order, 2020.
Travel Measures
Package Travel and Linked Travel Arrangements
This Legal Notice was introduced to amend the provisions governing the termination of package travel contracts and the right of withdrawal before the start of such packages as provided for under the Package Travel and Linked Travel Arrangements Regulations (S.L. 409.19)
Under the Regulations, travellers have the right to terminate the package travel contract before the start of the package without paying any termination fee in the event of unavoidable and extraordinary circumstances occurring at the place of destination or its immediate vicinity. In the event of termination of such package travel contract, the traveller shall be entitled to a full refund of any payments made for the package. Generally, such refunds or reimbursements shall be made by the organiser to the traveller without undue delay and in any event not later than fourteen (14) days after the package travel contract is terminated.
However, the Legal Notice introduces a proviso, which stipulates that the said 14-day limit shall not apply to any refund required as a result of termination of package travel contracts, when such termination occurred or occurs between the 1st of March 2020 and 31st May 2020 (both dates included). Instead, such refunds shall be paid by the organiser to the traveller by no later than six (6) months after the package travel contract is terminated.
(The term ‘package’ means “a combination of at least two different types of travel services for the purpose of the same trip or holiday” whereas the term ‘package travel contract’ means “a contract on the package as a whole or, if the package is provided under separate contracts, all contracts covering travel services included in the package”.)
Minimum Special Leave Entitlement Regulations
Quarantine means self-isolation in your home, and not leaving for the 14-day period that you are required to isolate for.
This applies for:
- Persons entering Malta after having travelled in any country have to go into mandatory quarantine for 14 days from the last day from the date of their departure from the country. This is enforceable by law.
- Persons entering Malta after having travelled in any country have to go into mandatory quarantine for 14 days from the last day from the date of their departure from the country. This is enforceable by law.
- Persons living in the same households as any of the above persons must also spend 14 days in mandatory quarantine.
- Persons identified by the Public Health Authority as close contacts of confirmed cases will also be put under mandatory quarantine for 14 days.
Therefore, if you are employed and had to spend a number of days in quarantine, the ‘Quarantine leave’ applies.
“Quarantine leave” has been defined as leave granted to the employee without loss of wages in such cases where the employee is legally obliged to abide by a quarantine order confining the employee to a certain area or to certain premises as determined by the Superintendent of Public Health under the Public Health Act or by any public authority under any other law.
Therefore In reply to the constant development of the COVID-19 pandemic the Government of Malta published has amended the Minimum Special Leave Entitlement Regulations to also include “quarantine leave” in view of the mandatory quarantine which the Government of Malta has imposed on all individuals who have returned to Malta, from any country, as of the 13th of March 2020.
This, thus, means that as of the 13th of March 2020, quarantine leave is to be considered at par to all aforementioned special paid leave entitlements which an employee is eligible for.
A grant of €350 is being given per employee to businesses (including self-employed) that had full-time employees on mandatory quarantine leave. This grant is also available to full time self-employed persons who had to undergo mandatory quarantine.
Any employer who contravenes or fails to comply with any provision of these Minimum Special Leave Entitlement Regulations and thus, in this particular instance, does not pay the quarantine leave entitlement to his employees or deduct the quarantine leave from any other leave available to the employee, shall be in breach of the Minimum Special Leave Entitlement Regulations and liable to a minimum fine of four hundred and sixty-five euro and eighty seven cents (€465.87).
The measure DOES NOT apply to persons employed in the private sector, who after 27th March 2020, due to the impact of COVID-19 are not going to work because they are ordered by the Superintendent of Public Health not to leave their home, are not able to work from home and are not being paid by their employer during their absence from work.
Reasons for Quarantine:
Description;
– Employee returned to Malta after 13:00CET on the 13th of March 2020.
– Employee lives in a residence as person who returned to Malta after 13:00CET on 13th March 2020.
– Employee returned from: Italy, China (including Hong Kong), Singapore, Japan, Iran, South Korea any time from 27th February 2020.
– Employee lives in a residence as person who returned from:
Italy, China (including Hong Kong), Singapore, Japan, Iran, South Korea any time from the 27th February 2020.
– Employee returning from: Spain, Germany, France, Switzerland any time from 11th of March 2020.
– Employee ordered to stay in quarantine by Health Authorities.
– Employee lives in the same residence as ordered to stay in
quarantine by Health Authorities.
– Employee order to on Quarantine to due to possible contact with infected person by employer.
Closure of Places Open to the Public
- The Superintendent of Public Health hereby orders the closure of:
- All bars;
- All restaurants;
- All cafeterias;
- All gymnasiums;
- All museums;
- All exhibitions
- All clubs;
- All discotheques;
- All night clubs;
- All open-air markets;
- All indoor swimming pools;
- National Swimming Pool;
- All Massage Parlours;
- All gaming premises including controlled gaming premises;
- All bingo halls;
- All casinos;
- All gaming parlours;
- All lotto booths
- All betting shops
- Provided that restaurants, snack bars and kiosks shall continue to provide delivery and take-away services to the community and restaurants situated in hotels shall continue to provide roomservice to hotel guests and delivery service in the community
Measures to be taken by Superintendent for any person who fails to abide by the provisions of these regualtions.
- The Superintendent of Public Health, is hereby prescribing measures to guard against and, or to control the COVID-19 infectious disease. Any person who fails to abide by the provisions of these regulations shall be guilty of an offence and shall, on conviction, be liable to the payment of a penalty of three thousand euro (€3,000) for each and every occasion that the order for closure of places open to the public is breached.
Closure of Vehicle Roadworthiness Testing Stations Order (VRT Stations)
The Superintendent of Public Health hereby orders the closure of all vehicle roadworthiness testing stations in Malta and Gozo. Therefore, VRT tests have been suspended and car licenses that expire from this month (March 2020) will remain valid until further notice. However, vehicles have to be covered by a valid insurance policy.
Authorised VRT stations may remain open solely to carry out vehicle roadworthiness tests on the following:
- heavy goods motor vehicles and their trailers – these must be covered, or that have a pending application with the Authority for Transport in Malta to be covered by a Community licence for the carriage of goods in terms of Regulation (EC) No. 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market
- used motor vehicles imported into Malta prior to their first registration with the Authority for Transport in Malta;
- motor vehicles which had been garaged in accordance with the provisions of the Registration and Licensing of Motor Vehicles Regulations prior to the 20th March, 2020 and whose owners require the issuance of new registration plates and the renewals of their vehicles’ licences for the said vehicles to be able to be used once again on the road;
- motor vehicles whose annual circulation licence expired prior to the 20th March, 2020 and their licences had not been renewed, and which require a vehicle roadworthiness certificate in order to have their annual circulation licences renewed; and
- motor vehicles which require a vehicle roadworthiness certificate in order to be transferred to a third party.
Number of Persons in Public Spaces
The Superintendent of Public Health ordered that, in public spaces, groups of more than 3 persons are prohibited.
- This prohibition shall not apply to groups of persons in public places if the persons live in the same residence.
- Persons waiting in queues or on bus stops must keep a distance of 2 metres between them.
- The Superintendent of Public Health may, at her discretion, increase the number of persons by notice in the Gazette.
- Any person who fails to abide by the provisions of these regulations shall be guilty of an offence and shall, on conviction, be liable to the payment of a penalty of €100 for each and every occasion in which that person breaches the Number of Persons in Public Spaces Order, 2020.
Mandatory Non-Essential Travel between Malta and Gozo
As from the 3rd April 2020 travel between Malta and Gozo shall be limited only to the following:
- persons who need to travel between Malta and Gozo for work
- persons who need to travel to visit members of the family
- persons who need to travel between Malta and Gozo for medical reasons or to visit a member of the family who is hospitalised
- persons who need to return to their ordinary residence
- commercial vehicles and merchandise
The Superintendent of Public Health may, at her discretion, by notice in the Gazette, increase or reduce these restrictions.
Should you require any further information or assistance on the matter, please do not hesitate to reach out to Dr Roberta Bonello personally on [email protected]
Disclaimer: The information provided does not, and is not intended to, constitute legal advice. All content available is for general informational purposes only. This may also not constitute the most updated information and you are always advised to seek legal advice.
