Global Compliance Desk – Malta

In the month of August of 2018, four legal notices were published which made amendments to annual leave entitlement, itemized payslips, transfer of business legislation and temporary agency workers. The amendments made to annual leave entitlement, itemized payslips, and organization of working time regulations are applicable from January 1, 2019.

Legal Notice 439

This Legal Notice amended the existing Itemized Payslip Regulation to state that an employer shall provide employees with an itemized payslip either before or on the date when the wages are to be paid without including in it the sick leave taken by the employee. An employee has a right to request the sick leave entitlement balance up to 4 times in a year.

Legal Notice 440

This notice amended the principles of Annual Leave Regulation to state that an employer may only utilize up to 12 working days (the equivalent in hours) from the annual leave of the employees temporary closure of whole or part of the premises by the employer for bridge holidays or for any type of short period closure and shall provide a written statement with justified reasons. The utilization of forced leave which exceeds the annual leave entitlement does not cause a civil debt in favor of the employer. An employer and an employee should mutually agree and decide on days when leaves are being taken.

Legal Notice 444

This notice has amended the Organisation of Working Time Regulations to introduce an extra 8 hours of paid leave.  This increases the total annual leave entitlement to 208 hours as from 2019.

Shreya Bhattacharya
ABOUT THE AUTHOR
Shreya Bhattacharya
A labor and employment lawyer at Replicon who specializes in global compliance. Replicon provides award-winning products that make it easy to manage your workforce. Replicon is an industry leader in global compliance and has a dedicated team which pro-actively monitors international labor regulations for ensuring proper adherence with specific country rule requirements.
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