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Posting Workers to Malta

All the guidelines concerning the obligations required before, during and after the posting of your employees to Malta.

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The legislation on the Posting of Workers in Malta is regulated by Subsidiary Legislation 452.82, entitled ‘Posting of Workers in Malta Regulations’ and amended by Legal Notice 262 of 2020. 

Maltese legislation on posting aims to give effect to EU Directives on Posted Workers and, more specifically, to Directives 96/71/EC, 2014/67/EU and 2018/957.

Preliminary obligations when posting workers to Malta

For each case of posting to Malta, the posting company is required to notify the Department of Industrial and Labour Relations (DIER) of its intention.

The notification form must be received by the Department of Industrial and Labour Relations before the start of the posting. The form must be accompanied by a copy of the posted worker’s contract of employment (with the posting company) and, in the case of a non-EU employees posted from an EU/EEA country, also with a copy of their existing work authorisation.

The company using the services of the posted worker is obliged to keep a copy of this notification form at the workplace for the purpose of control by DIER inspectors. 

The posting company will have to designate a contact person to act as a representative in Malta. Through the representative, the social partners may seek to engage the service provider to enter into the collective agreement during the period in which the services are provided. This contact person need not be present in Malta but must be available upon reasonable and justified request. 

Working and salary conditions in Malta

Posted workers must benefit from the same working conditions and rights as local workers in Malta. Such conditions include maximum working hours, minimum rest periods, and health and safety standards. 

Posted workers in Malta must not work more than the maximum number of hours allowed per week, as stipulated by Maltese labor laws. Typically, this is around 48 hours per week, although there are provisions for variations such as averaging over a reference period.

Posted workers are also entitled to minimum rest periods as required by Maltese regulations. This includes daily rest periods and weekly rest periods to ensure adequate time for rest and recovery. 

Minimum standards in terms of working hours and annual leave are set on an European level by Directive 2003/88/EC.

Employers are obliged to provide a safe working environment for posted workers in Malta. This includes adhering to health and safety regulations, providing necessary safety equipment, and ensuring that workplace hazards are identified and mitigated. 

Storage of the posting documents 

All documents relating to the travel of the employee and the companies involved must be retained and kept at the disposal of the Maltese authority for prompt presentation in the event of a formal request.

These documents are usually (but not limited to): 

  • The employment contract (or its equivalent); 
  • Recent pay slips of the worker posted to Malta; 
  • Timesheets;
  • Proof of salary payments
  • A1 forms;
  • Certificates of good health or fitness to work. 

It shall be the duty of the service provider posting workers to Malta to keep, make available and retain copies, in paper or electronic form, of the above documents during the period of posting in an accessible and clearly identified place in the undertaking making use of the services of the posted worker. 

The posting company has the duty to deliver the documents after the period of posting, at the request of the competent authority in Malta, within a reasonable period of time and to provide a translation into the English language. 

Social security for workers posted to Malta

In accordance with European Regulation 883/2004, workers posted to Malta may maintain coverage under the social security system of the Member State where their employer is established.

The posting company is required to apply for an A1 Certificate, which will be issued by the relevant social institution upon receipt of all required information. The A1 Certificate is valid for a maximum period of 24 months, and it is imperative that workers hold it throughout the entire duration of their posting to Malta. 

Non-compliance with Maltese obligations regarding posted workers  

Posted workers who are assigned to Malta and feel that their rights are not being guaranteed have the right to submit a formal written request to their employer, seeking a written statement detailing the reasons for any disparity in treatment. This statement must be provided within a period of 10 days from the date of the request. 

Additionally, the posted worker retains the option to contact the Department for Industrial and Employment Relations (DIER) to report any breaches of their employment rights. The DIER will undertake an investigation into the matter and, where warranted, initiate legal action, including criminal proceedings. 

Moreover, notwithstanding any other legal rights to initiate proceedings in another EU Member State, the posted worker also has the option to seek recourse for violations of their rights under the Posting of Workers in Malta Regulations (S.L.452.82) before Maltese courts. Legal proceedings may be initiated even subsequent to the conclusion of the posting assignment or termination of employment.

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Regulatory Framework

Directive 96/71/EC

Reference

Directive 2014/67/EU

Reference

Directive 2018/597/EU

Reference

Regulation n. 883/2004

Reference

Posting of Workers in Malta Regulations (S.L.452.82)

Reference

Learn more about Posting of Workers to Europe

Have a look at our in-depth guides about Posting of Workers to EU Countries. If you don’t know where to start, you can have a first look at our introduction on Posting of Workers to Europe.

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