Article
Article 42 of Chapter 452; Legal Notice 46 - whole legislation; Article 10 of Legal Notice 201 of 2022
Description
Article 42 of the Employment and Industrial Relations Act 2002
In order to avoid redundancies this article allows for agreements between the employer and the employee or union representatives that provide for different conditions of employment as a temporary measure in order to avoid redundancies. These temporary measures which must always be approved by the director responsible for employment and industrial relations and reviewed every four weeks, may include among others a shorter working week.
Banking of Hours
Legal Notice 46 of 2012, namely the 'Overtime Regulations 2012', introduced a system of annualised hours. In each calendar year, this system allows an employer to bank overtime hours to a maximum of 376 of the normal annual working hours per employee. This practice allows employees to bank overtime hours and above the normal weekly working hours in the periods of higher work activity, which would then be redeemed during periods of lower activity, by having working hours below the normal weekly working hours. Prior to introducing such a system the employer should obtain the approval of the Director responsible for Employment and Industrial Relations. Unless otherwise agreed between the parties, any scheme shall not prejudice the provisions of any collective agreement present at the workplace.
This legislation among others protects employees whose contract of employment is terminated by providing the following measures:
- If the contract is terminated before the banked overtime hours could be redeemed, such hours are to be paid by the date of the next pay day at the applicable overtime rate in force on the date of termination. In the case of termination of part-time employees or full-time employees with reduced hours, any banked overtime hours shall only be paid at the applicable overtime rate if the total hours worked by such employees when averaged exceed the normal hours of work of a comparable full-time employee.
- If the contract is terminated and the employee worked less hours than the yearly average, the employer cannot claim a refund in respect of hours not actually worked.
Work-Life Balance for Carers and Parents
Directive (EU) 2019/1158 of the European Parliament and of the Council of 20 June 2019 on Work-life balance for Parents and Carers, was transposed into Maltese law on 12th July 2022 through Legal Notice 201 of 2022: the Work-Life Balance for Parents and Carers Regulations, which came into force on the 2nd August 2022. The Regulations provide for flexible working arrangements for parents and carers, with ‘flexible working arrangements’ being defined as ‘the possibility for workers to adjust their working patterns’ (Article 3), Such flexible working arrangements could include (but are not limited to) the use of flexible working schedules such as flexitime; remote working; and reduced hours (Articles 3, 10).
Under Article 10 of L.N. 201 of 2022, workers with children aged up to eight years, and other carers, have the right to request flexible working arrangements for the purpose of such care. Employers are to respond to requests for flexible working arrangements within two weeks, giving reasons for refusal or postponement of the requested arrangements.
The article also allows for limiting the duration of such flexible working arrangements, with the worker retaining the right to request a return to the prior working arrangement if circumstances change, before the duration ends. The employer is to consider and respond to such a request taking into consideration the needs of both the worker and the employer.
Dismissal on the ground that a worker has exercised their right to request flexible working conditions is unlawful (Article 14).