The Employment and Industrial Relations Act, Chapter 452 of the Laws of Malta, lays down the minimum conditions of employment which every employee may enjoy:
“wages, the period of employment, the hours of work, leave and includes any conditions related to the employment of any employee under a contract of service including any benefits arising therefrom, terms of engagement, terms of work participation, manner of termination of any employment agreement and the mode of settling any differences which may arise between the parties to the agreement …”
The conditions of employment have been elaborated upon by national standard orders and/or sectoral regulation orders, the Civil Code, the Employment and Industrial Act, and other legal instruments.
Maltese jurisprudence, is based on the autonomy of the will of the parties concerned in the contract. This means that the parties to a contract are free to stipulate the terms and conditions of employment. However, there is an exception when it comes to contracts of employment. As the law stipulates the minimum conditions by which the employment relationship should be regulated. Therefore, conditions which are less favourable than those specified by law will have no effect.
Non-compliance with the conditions of employment as laid down by the law will lead to a penalty. Such penalty can be a fine (multa) of not less than €232.94 and not exceeding €2,329.37. This penalty is subject to change in the instance of specific conditions which the Act or its regulations establish.
Can there be changes to the conditions in a contract of employment?
A change to the conditions of employment can take place. This is irrespective of whether the conditions are in a contract of employment, or a letter of engagement or a signed statement. For this change to take effect the employer must notify the employee by means of a signed statement. The employer has to deliver the statement to the employee by not later than eight (8) working days from the date when the change come into effect.
This publication contains general information on matters that users may find to be of interest. This general information is not intended to replace or substitute any other professional advice. Nor should any decision be taken on the basis of this publication.
It is advised to consult with the appropriate LexPractis professionals or other professional advisors concerning specific issues before making any decision.
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