POSTING OF WORKERS IN MALTA  g S.L.452.82 1
SUBSIDIARY LEGISLATION 452.82
POSTING OF WORKERS IN MALTA 
REGULATIONS
1st January, 2003
LEGAL NOTICE 430 of 2002.
Title.
Malta Regulations.
Definitions.
Cap. 452.
"comparable employee" means a Maltese employee in the same
establishment who is engaged in the same or similar work or
occupation, due regard being given to other considerations
including seniority, qualification and skills:
Provided that where there is no comparable Maltese
employee in the same establishment, the comparison shall be made
by reference to collective agreements covering similar comparable
Maltese employees in other establishments;
"foreign undertaking" means an undertaking which is established
in a state other than Malta;
"posted employee" means an employee of a foreign undertaking
who does not normally work in Malta but who for a limited period
of time is sent by the foreign undertaking to work in Malta.
(2) Subject to the provisions of subregulation (1), terms and
expressions used in these regulations shall, unless the context
otherwise requires, have the meaning assigned to them in the Act.
Applicability.
foreign undertakings referred to in the preceding article -
(i) send posted employees in Malta on their account and
under their direction, under a contract concluded
between the undertaking making the posting and the
party for whom the services are intended, provided
there is an employment relationship between the
undertaking making the posting and the worker during
the period of posting; or
(ii) send posted employees to an establishment or to an
undertaking in Malta which is owned by the foreign
undertaking, provided there is an employment
relationship between the undertaking making the
posting and the worker during the period of posting; or
(iii) being temporary employment undertakings or
placement agencies, hire out a worker to a user
undertaking established or operating in Malta,
provided there is an employment relationship between
the temporary employment undertaking, or placement
2 g S.L.452.82 POSTING OF WORKERS IN MALTA 
agency, and the worker during the period of posting.
(2) These regulations shall not apply to personnel on seagoing
vessels.
(3) Nothing contained in these regulations shall prevent
application of terms and conditions of employment which are more
favourable to workers.
Equality of 
treatment.
4. (1) The conditions of work which are given to posted
employees who are authorised to work in Malta shall not be less
than the minimum conditions of work given to a comparable
employee by virtue of the Act, or any regulations issued thereunder
or by virtue of any other regulations issued thereunder or any other
legislation or by virtue of a collective agreement regulating the
class of employment of the posted employee in the same place of
work:
Provided that any allowances specific to the posting granted
to the posted employee, shall be considered to be part of the wage
payable to a comparable employee, unless they are paid as
reimbursement of expenses actually incurred on account of the
posting, including expenditure on travel, board and lodging.
(2) All posted employees covered by these regulations shall be
entitled to receive equality of treatment as the comparable Maltese
employees and in particular they shall have equal access to
employment rights and health and safety rights under Maltese law.
(3) The term "equality of treatment" shall, for the purposes of
these regulations, include:
( a ) maximum work periods and minimum rest periods as
applied to various classes of employees;
( b ) minimum paid annual holidays as applied to various
classes of employees;
( c ) minimum rates of pay, including overtime rates as
applied to various classes of employees;
( d ) equality of treatment between men and women and
other provisions of non-discrimination in accordance
with the laws of Malta;
( e ) protective measures with regards to terms and
conditions of employment protecting pregnant women
or women who have given birth a short while before;
( f ) protective measures in accordance with the laws of
Malta with regards to terms and conditions of
employment protecting children and young people;
( g ) measures in accordance with the laws of Malta relating
to health, safety and hygiene at work:
Provided that in cases of initial assembly and, or first
installation of goods where such activity is an integral part of
contract for the supply of goods necessary for taking the goods
supplied into use and carried out by the skilled and, or specialist
workers of the supplying organisation, subregulation (3)( b ) and ( c )
shall not apply if the period of posting does not exceed eight days,
POSTING OF WORKERS IN MALTA  g S.L.452.82 3
so long as the work involved is not related to all building work
relating to construction, repair, upkeep, alteration or demolition of
buildings, and in particular excavation, earth moving, actual
building work, assembly and dismantling of prefabricated
elements, fitting out or installation, alterations, renovation, repairs,
dismantling, demolition, maintenance, upkeep, painting and
cleaning work and improvements:
Provided further that subregulation (3)( c ) shall not apply in
the cases referred to in regulation 3(1)(i) and (ii) when the length of
the posting does not exceed one month.
(4) The length of the posting shall be calculated on the basis of
a reference period of one year from the beginning of the posting:
Provided that for the purpose of such calculation, account
shall be taken of any previous periods for which the post has been
filled by a posted worker.
Enforcement.
relations shall be responsible for the enforcement of the provisions
of these regulations.
Offences.
regulations shall be guilty of an offence and shall, on conviction, be
liable to a fine of not less than fifty liri (Lm50) and not more than
five hundred liri (Lm500).
