INFORMATION TO EMPLOYEES g S.L.452.83 1
SUBSIDIARY LEGISLATION 452.83
INFORMATION TO EMPLOYEES REGULATIONS
1st January, 2003
LEGAL NOTICE 431 of 2002.
Title.
Employees Regulations.
Applicability.
Cap. 452.
2. These regulations shall apply to every paid employee of
every employer as defined in the Employment and Industrial
Relations Act, hereinafter referred to as the Act, but shall not apply
to:
( a ) employees who are engaged by an employer for a total
duration which does not exceed one month, or
( b ) employees who are engaged by an employer for a
working week which does not exceed a total of eight
hours; or
( c ) employees who have been employed to perform a
specific defined task, on condition that the non-
application is justified by objective considerations.
Written contracts.
been signed between the employer and the employee, the employer
shall be bound to deliver to the employee a signed copy of the
agreement by not later than eight working days from the date of the
contract.
Information to be 
provided to the 
employee.
4. In those cases where no written contract of employment
has been signed between the employer and the employee, and, or in
those cases where the written contract does not cover all or some of
the information required to be notified to the employee by these
regulations, the employer shall be bound to give or send to the
employee a letter of engagement or a signed statement, by not later
than eight working days from the commencement of employment
and which shall include the following information:
( a ) the name, registration number and registered place of
business of the employer and the identity card number,
sex and address of the employee and the place of work:
Provided that in the absence of a fixed place of
work it should be stated that the employee will be
employed at various places together with the
registered place of business:
Provided further that if there is no registered place
of business, the domicile of the employer is to be
stated;
( b ) the date of commencement of employment;
( c ) the period of probation;
( d ) normal rates of wages payable;
2 g S.L.452.83 INFORMATION TO EMPLOYEES
( e ) the overtime rates of wages payable;
( f ) the normal hours of work;
( g ) the periodicity of wage payments;
( h ) in the case of a fixed term contract of employment, the
expected or agreed duration of the contract period;
( i ) the paid holidays, and the vacation, sick and other
leave to which the employee is entitled;
( j ) the conditions under which fines may be imposed by
the employer;
( k ) the title, grade, nature or category of the work for
which the employee is employed;
( l ) the notice periods to be observed by the employer and
the employee should it be the case;
( m ) the collective agreement, if any, governing the
employee’s conditions of work; and
( n ) any other relevant or applicable condition of
employment:
Provided that if any of the above information is regulated
by any law, regulation, national standard order, sectoral regulation
order or collective agreement, the information may, where
appropriate, be given in the form of a reference to the laws,
regulations, orders or collective agreements governing that same
information:
Provided further that where an employer engages a person
under a contract for service as an outworker for an undertaking, he
shall provide the employee with a signed statement showing -
( a ) the name, registration number and registered place of
business of the employer and the identity card number
and address of the employee; and
( b ) the rate to be paid for the work; and
( c ) any special conditions regulating the contract.
Employees 
required to work 
outside Malta.
5. In the case of an employee required to work in a country
other than Malta for a period exceeding one month, the documents
referred to in regulations 3 and 4 shall be in the employee’s
possession before departure from Malta and shall include the
following additional information:
( a ) the duration of the employment abroad;
( b ) the currency to be used for the payment of
remuneration;
( c ) where appropriate, the benefits in cash or kind
attendant on the employment abroad; and
( d ) where appropriate, the conditions governing the
employee’s repatriation.
Changes in details 
or conditions.
6. (1) Without prejudice to the provisions of the Act, if, after
the commencement of employment, the details or the conditions of
employment listed in regulations 4 or 5 are amended or modified,
INFORMATION TO EMPLOYEES g S.L.452.83 3
the employer shall be bound to notify the employee of the changes
by means of a signed statement which must be delivered to the
employee by not later than eight working days from the date when
the changes come into effect.
(2) The employer shall not be obliged to notify the employee in
accordance with subregulation (1), if the amendment or
modification of the conditions of employment are the result of a
change in laws, regulations or a collective agreement regulating the
place of work.
Employees who 
are already in 
employment.
7. All those employees who are already in employment on the
date of coming into force of these regulations, and who are not in
possession of the information specified in regulations 4 or 5, shall
be entitled to demand such information and the employer shall be
obliged to provide such information by not later than two months
after the demand made by the employee.
Copy of contracts 
of service or of 
declarations.
8. A copy of any written contract of service or statement or
letter of engagement, as is referred to in these regulations, shall be
kept by the employer.
Records to be held 
by employer.
9. (1) Every employer shall keep a register or registers
showing, in respect of each employee:
( a ) the name, address, sex, identity card number and date
of birth of the employee;
( b ) the occupation of the employee;
( c ) the date of commencement of employment;
( d ) the nature of the contract of employment namely
whether the contract is of an indefinite or of a fixed
duration and in the case of fixed term contracts of
employment the date of termination of such contract;
( e ) the time, paid for at ordinary time rates, during which
the employee is employed;
( f ) the time, paid for overtime or higher rates, during
which the employee is employed;
( g ) the periods of daily and weekly rest accorded to the
employee;
( h ) the total wages paid to the employee each week; and
( i ) any change or update in the conditions of the
employee’s occupational status.
(2) In the case of employees who are outworkers, or whose
wages consist of a share in the profits or of a commission on sales
or payments made or received by the employer, employers or the
persons giving out work to the outworker, as the case may be, shall
keep a register or registers showing:
( a ) the name, address, sex, identity card number and date
of birth;
( b ) the date of commencement of the agreement;
( c ) the nature of the work;
( d ) the rate of wages;
4 g S.L.452.83 INFORMATION TO EMPLOYEES
( e ) the total amount of wages paid to the employee;
( f ) the place or places where the employee ordinarily
works if such place is not under the control and
management of the employer; and
( g ) the hours of work and daily and weekly rest awarded
to the employees in so far as the employer is by law
required to observe any such conditions of
employment.
(3) It shall be the duty of the employer to furnish the Director
for Employment and Industrial Relations with any information
which the Director may request in connection with the conditions
of employment of the employees including but not limited to:
( a ) the name, sex, identity card number and address;
( b ) the occupation;
( c ) the date of birth;
( d ) the wages paid;
( e ) the hours of work;
( f ) the date of engagement;
( g ) a copy of the registers or part thereof, kept in
accordance with the provisions of these regulations;
and
( h ) any other information which the Director may request
in connection with the conditions of employment of
the employees.
Offence. 10. Any person contravening the provisions of these
regulations shall be guilty of an offence and shall be liable on
conviction to a fine of not less than fifty liri and not more than five
hundred liri.
