New Legal Notices on Employment Law

You may remember that during the August peak we had uploaded a blog informing you about some new legal notices and then we had to update the same blog to inform you that actually those same legal notices got suspended. The legal notices related to the following:

  • Vacation leave
  • Transfer of Business
  • Temporary Workers
  • Payslips

Guess what? They have appeared again and guess when? In December, just a few days before Christmas. We will not go into the merits of the process which was adopted but will give you a brief outline of these legal notices – we are also having a workshop on the 30th January 2019,  to discuss these in more detail.

Annual Leave (Amendment) National Standard Order, 2018  (Legal Notice 440 of 2008)

As from the 1st of January 2019, unless otherwise agreed to in any applicable collective agreement, or unless otherwise agreed in any agreement reached between the employer or employers or employers’ associations on the one hand and the employees on the other, the employer may only utilize up to the equivalent in hours of twelve working days from the annual leave entitlement, to be calculated as provided for in the Organisation of Working Time Regulations, for the purposes of any type of shutdown, including a temporary closure of whole or part of the premises by the employer for bridge holidays or any other short periods of shutdown.

This legal notice also deals with Over utilization of annual leave and forced leave.

In view of the fact that this legal notice adds and amends the one issues in August, both legal notices should be read together. Therefore you need to remember that the vacation leave needs to be agreed by both parties, the employer and the employee and the employer cannot just cancel this. Furthermore annual leave during maternity leave keeps accruing (including every Public/National Holiday which fell on a working day).

Itemised Payslip (Amendment) Regulations, 2018 (Legal Notice 439 of 2018)

This legal notice now says that employees shall have the right to request the sick leave entitlement and the number of hours of sick leave they availed of during a calendar year and they can do so for 4 times (Not sure why 4 times!). Therefore you need to keep in mind that this may be an added burden and see who will respond to such requests.

This is now what needs to be included in an itemised payslip (to be issued before or when wages are due):

  • the name of the employer and the employee,
  • the address of the employer and the employee’s designation,
  • the total wages paid and the breakdown thereof and the period in respect of which the contents relate to.

It shall also include at least the following information and the wages in relation thereto: (a) the number of normal hours worked including those worked on Sunday or on a public holiday when this is part of the scheduled normal hours; (b) the number of hours entitled at overtime or special rate broken down into those in excess of normal daily or weekly hours, hours worked on a Sunday or on a public holiday; (c) the number of hours of annual leave availed of and any remaining balance; (d) the number of hours of sick leave availed of during a calendar year; (e) the basic wages received; (f) a breakdown of any bonuses, allowances or commissions received; and (g) any deductions effected, including national insurance contributions, tax and others.

Organisation of Working Time (Amendment) Regulations, 2018 (Legal Notice 444 of 2018)

This legal notice is straightforward as it stipulates the extra 8 hours paid leave for every worker which is to be added to the normal annual leave entitlement.

40 hour week = 208 hours of paid leave.

National Minimum Wage National Standard Order, 2018  (Legal Notice 441 of 2018)

Wage Increse (Employees) National Standard Order, 2018 (Legal Notice 443 of 2018)

The national minimum wage per week related to a normal working week shall be as follows:

Age 18 years and over ………………………  € 175.84;

Age 17 years ……………………….…….…. € 169.06;

Under 17 years …………………….……….. € 166.22.

If your industry falls under any Wage Regulation Order please look at such WRO.

The wages of whole-time employees shall be increased by two euro, thirty-three cents (€2.33) per week as cost of living increase and shall also be increased by one euro (€1.00) per week as a mandatory supplement: Provided that the one euro (€ 1) per week as a mandatory supplement shall not be an additional increase in cases of a collective agreement where the cost of living increase is deemed to be part of the overall agreed wage increase set in that collective agreement. However in cases where the overall agreed cost of living increase for the year 2019 in that collective agreement is less than three euro, thirty-three cents (€3.33), a pro rata increase of the mandatory supplement be added to reach the aggregate set in the legal notice.

WORKSHOP ON 30TH JANUARY 2019

Overview of EIRA and legal update on new legal notices 

The Employment and Industrial Relations Act (EIRA) (Chap 452 of the Laws of Malta) represents Malta’s primary source of employment law, including conditions of employment, protection against discrimination and industrial relations. Hence it will deal with Title 1 – Employment Relations and Title II – Industrial Relations.

On the 21st December 2018 new Legal Notices were published in the Government Gazette. These deal with Payslips, Vacation Leave, Organisation of Working Time Regulations and National Minimum wage. During the workshop participants will briefed about the implications of these new legal notices.

 

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