Labor law in Malta

A contract of service can be valid even when the parties make it orally. The employer must provide the core written employment information within a maximum of seven calendar days after work begins and the remaining required information within a maximum of one month. When the employment lasts more than one month and exceeds eight hours per week, the employee generally receives a written contract or statement of the main terms. The contract may be definite-term or indefinite-term. A definite-term contract generally lasts no longer than four years and usually has a minimum duration of six months unless objective reasons justify a shorter period. An indefinite contract normally has a six-month probation period. For a definite-term contract, probation is normally proportional to its duration. Technical, administrative, executive and managerial roles paid at least twice the national minimum wage can have probation of up to one year. EIRA is supplemented by sectoral rules. DIER lists 31 Wage Regulation Orders, and the applicable order can provide employment conditions above the national baseline. Public service, seafaring and fishing work can involve additional or different regimes, so the sector and contract should be checked separately. DIER is the main public authority for information, inspections, complaints and conciliation concerning employment conditions. Normal working time is usually 40 hours per week. Average working time, including overtime, generally cannot exceed 48 hours per week. The usual reference period is 17 weeks, although manufacturing and tourism can use a period of up to one year in specified circumstances. Work above 48 hours requires the employee's written consent. The employee can withdraw that consent by giving at least seven days' notice or any agreed period not exceeding three months. A worker who works more than six hours is generally entitled to a break of at least 15 minutes, which is usually unpaid. Daily rest is at least 11 consecutive hours. Weekly rest is normally 24 hours plus the daily rest within seven days, or 48 hours plus the daily rest within 14 days. An exception requires immediate compensatory rest, and rest periods cannot be replaced with money. At a 40-hour week, statutory annual leave is at least 192 hours per year, consisting of four weeks plus an additional 32 hours. When a public holiday falls on a rostered day off, the employee receives additional leave. Up to 50 percent of annual leave can generally carry forward by agreement. At least 160 hours cannot be paid out instead of being taken, except when the employment ends. An employer shutdown normally cannot exceed 12 working days, subject to the applicable sectoral order. Sick leave is generally two working weeks per year measured in hours when no Wage Regulation Order provides a different entitlement. For 2026, the national minimum wage for a full-time employee is €229.44 per week, approximately €5.74 per hour. Part-time pay is calculated proportionally, subject to the applicable Wage Regulation Order or weekly minimum. Statutory bonuses, the weekly allowance and the cost-of-living adjustment are also required payments. Where no special Wage Regulation Order applies, overtime above 40 hours is generally paid at 1.5 times the normal rate, calculated over four weeks or the relevant shift cycle. Employees doing the same work should receive the same rate, and moving between part-time and full-time work in the same role should not cause a pay reduction. The employer must provide an itemised payslip before or on the payment due date. Deductions require a legal basis, a court order or a valid authorisation. Pay transparency rules provide for a prospective salary structure and allow an employee to request their pay level; the employer's response is due within a maximum of two months. Malta's equality rules prohibit direct and indirect discrimination, harassment and victimisation based on religion or religious belief, disability, age, sex including pregnancy and maternity, sexual orientation, and racial or ethnic origin. Act XI of 2026 extends protection against violence and harassment at work. The National Commission for the Promotion of Equality (NCPE) can investigate and mediate discrimination complaints. Discrimination claims can also go to the Industrial Tribunal or a civil court, depending on the claim and procedure. Employers must provide a safe working environment, explain hazards, provide suitable training and equipment, supervise work and carry out occupational safety risk prevention. Employees must cooperate with safety measures and protect their own safety and that of others. Employees have a right to occupational health and safety representation, including a Workers' Health and Safety Representative where the applicable arrangements require one. A worker can report safety concerns to OHSA and can refuse work presenting a serious danger. Pregnancy protection includes 18 weeks of maternity leave, with the employer paying 14 weeks and Social Security potentially covering the remainder. Six weeks after confinement are generally compulsory, and four weeks before the expected confinement are normally taken unless another arrangement applies. The employee should give written notice at least four weeks in advance where practicable. The employee has a right to return to the former job or a related job and can attend antenatal examinations without losing pay or benefits. Risk-based special maternity leave can apply when the working conditions create a pregnancy-related danger. Each parent can generally take four months of parental leave until the child reaches eight years of age. Two months are paid at the sickness-benefit rate. The usual qualifying condition is 12 months of continuous service, unless a shorter period is agreed. Employers must keep the relevant records and answer a request for those records within a maximum of two weeks. Workers can organise through trade unions. An application to register a trade union requires seven members. A union seeking recognition submits its request to the employer and the DIER Director; verification can take up to 28 days, and requested membership lists must generally be supplied within 48 hours. Collective agreements can set conditions above statutory minima. Collective redundancy rules apply during a 30-day period when there are at least 10 dismissals in a workforce of 20 to 99 employees, at least 10 percent of employees in a workforce of 100 to 299, or at least 30 dismissals in a workforce of 300 or more. The employer must notify and consult employee representatives in writing. The consultation normally begins within seven working days, and termination generally cannot take effect until 30 days after notification. For unpaid wages or disputed employment conditions, a complaint to DIER should include the contract, payslips, proof of payment, working-time and leave records, and relevant correspondence. A trade dispute can proceed through the DIER Director or a conciliator and may then involve the Minister or a court of inquiry. Referral to the Industrial Tribunal in that trade-dispute process requires an application by both parties. The Industrial Tribunal can hear unfair-dismissal matters and certain individual employment disputes. A written referral describing the facts must normally reach the Registry of the Maltese Law Courts within four months of the breach or dismissal. There is no application or court fee for that referral, although transcript or representation costs can arise. Remedies for unfair dismissal can include reinstatement or compensation. During probation, either side can generally end the employment without giving a reason; after more than one month of service, one week's notice applies. After probation, notice for an indefinite contract is generally one week for more than one month up to six months of service, two weeks for more than six months up to two years, four weeks for more than two years up to four years, eight weeks for more than four years up to seven years, and then one additional week per year up to a maximum of 12 weeks. Longer periods can apply to specified technical, administrative, executive or managerial roles. A definite-term contract normally ends without notice after probation; unjustified early termination can result in payment of half the wages remaining until the agreed end date. Redundancy selection generally follows last-in, first-out within the relevant category, and the employer can have a re-engagement duty when a suitable vacancy arises within one year. A termination settlement should account for unpaid wages, overtime, leave and bonuses. An employee can request a certificate when the contract lasted more than one month. If an employer becomes insolvent, the Guarantee Fund can cover qualifying unpaid wages, overtime, leave and notice pay. The claim generally has to be made within two months of the insolvency, and the protection is capped at 13 weeks of the national minimum wage. Social Security Department payments are separate from employment-law claims. The applicable contract, Wage Regulation Order, sector, employment status and alleged breach determine which authority and procedure applies.