Malta Employment Law Updates

Amendments to annual leave entitlement, itemised payslips and organisation of working time regulations are applicable from the 1st January 2019.

The Legal Notice 439 of December 2018 amended the existing Itemised Payslip Regulations to make them applicable from the 1st January 2019. Following the amendment, an employer shall provide employees with an itemised payslip either before or on the date when the wages are due without including the sick leave availed of by the employer in it. An employee has a right to request the sick leave entitlement balance up to 4 times a year.

The Legal Notice 440 amended the principle annual leave regulations. An employer may only utilize up to twelve working days (the equivalent in hours) from the annual leave of the employees for any type of shutdown 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 favour of the employer. An employer and an employee should agree on days when leaves are being taken.

During the period when an employee is on maternity leave annual leave shall accrue in her favour (including public and national holidays fall within this period) and be automatically transferred to the next calendar year. Annual leave shall accrue in favour of an employee during the period when he is on sick leave or injury leave (fully paid, partially paid or unpaid).

The Legal Notice 444 amends the Organisation of Working Time Regulations to introduce an extra 8 hours of paid leave (total annual leave entitlement in 2019 is 208 hours = 26 eight-hour working days).

If you have any employment law queries, kindly contact us at info@ellulschranz.com or +356 2010 3020.

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