  EMPLOYERS’  LIABILITY (COMPULSORY INSURANCE)   g CAP. 241.        1
CHAPTER 241 
EMPLOYERS’ LIABILITY (COMPULSORY 
INSURANCE) ACT
To require employers to insure against their liability for personal injury
to their employees and to provide for matters connected therewith.
(                            ) *
Enacted by ACT XVI of 1974, as amended by Act XIII of 1983.
Short title and 
commencement.
1. (1) This Act may be cited as the Employers’ Liability
(Compulsory Insurance) Act.
(2) The following provisions of this Act shall come into force
for any purpose on such date or dates as the Minister responsible
for employment may by notice in the Government Gazette appoint,
and the purposes for which the said provisions or any of them are to
come into force at any time may be defined by reference to the
nature of an employer’s business, or to that of an employee’s work,
or in any other way.
Interpretation.
"approved policy" means a policy of insurance not subject to any
conditions or exceptions prohibited for the purposes of this Act by
regulations made under this Act;
"authorised insurer" means a person lawfully carrying on in
Malta insurance business of any class and authorised by the
Minister to act as insurer for the purposes of this Act;
"business" includes a trade or profession, and includes any
activity carried on by any person;
"employee" means an individual who has entered into or works
under a contract of service or apprenticeship with an employer
whether by way of manual labour, clerical work or otherwise,
whether such contract is expressed or implied, oral or in writing;
"Malta" has the same meaning as is assigned to it by section 124
of the Constitution of Malta;
"Minister" means the Minister responsible for employment; 
"person" includes a body of persons, whether corporate or
unincorporate, and "employer" shall be construed accordingly.
(2) Except as otherwise provided by regulations made under
this Act, an employer not having a place of business in Malta shall
be deemed not to carry on business there.
Insurance against 
liability for 
employees.
3. (1) Except as otherwise provided by this Act, every
employer carrying on any business in Malta shall insure, and
maintain insurance, under one or more approved policies with an
*This Act has not yet come into force.
  2      CAP. 241. h       EMPLOYERS’  LIABILITY (COMPULSORY INSURANCE)  
authorised insurer or insurers against liability for bodily injury or
disease sustained by his employees, and arising out of and in the
course of their employment in Malta in that business, but except in
so far as regulations under this Act otherwise provide not including
injury or disease suffered or contracted outside Malta.
(2) Regulations made under this Act may provide that the
amount for which an employer is required by this Act to insure and
maintain insurance shall, either generally or in such cases or
classes of cases as may be prescribed by the regulations, be limited
in such manner as may be so prescribed.
Exemptions. 4. (1) This Act shall not require an employer to insure - 
( a ) in respect of an employee of whom the employer is the
husband, wife, father, mother, grandfather,
grandmother, step-father, step-mother, son, daughter,
grandson, granddaughter, step-son, step-daughter,
brother, sister, half-brother or half-sister, or
( b ) except as otherwise provided by regulations under this
Act, in respect of employees not ordinarily resident in
Malta.
(2) This Act shall not require any insurance to be effected -
( a ) by the Government of Malta or the Government of any
other country; or
( b ) except as otherwise provided by regulations under this
Act, by any body corporate established by any
enactment; or
( c ) in relation to any such cases as may be specified in the
regulations, by any employer exempted by regulations
made under this Act.
Certificates of 
insurance. 
Amended by: 
XIII. 1983.5.
5. (1) Provision may be made by regulations made under this
Act for securing that certificates of insurance in such form and
containing such particulars as may be prescribed by the regulations,
are issued by insurers to employers entering into contracts of
insurance in accordance with the requirements of this Act and for
the surrender in such circumstances as may be so prescribed of
certificates so issued.
(2) Where a certificate of insurance is required to be issued to
an employer in accordance with regulations under subsection (1) of
this section, the employer (subject to any provision made by the
regulations as to the surrender of the certificate) shall during the
currency of the insurance and such further period (if any) as may be
provided by the regulations - 
( a ) comply with any regulations requiring him to display
copies of the certificate of insurance for the
information of his employees;
( b ) produce the certificate of insurance or a copy thereof
on demand to any public officer duly authorised by the
Minister for the purposes of this Act and produce or
send the certificate or a copy thereof to such other
  EMPLOYERS’  LIABILITY (COMPULSORY INSURANCE)   g CAP. 241.        3
person, at such place and in such circumstances as may
be prescribed by the regulations;
( c ) permit the policy of insurance or a copy thereof to be
inspected by such persons and in such circumstances
as may be so prescribed.
(3) A person who fails to comply with a requirement imposed
by or under this section shall be liable, on conviction, to a fine
( multa ) not exceeding fifty liri.
Penalty for failure 
to insure.  Amended 
by: 
XIII. 1983.5.
6. (1) An employer who on any day is not insured in
accordance with this Act when required to be so shall be guilty of
an offence under this Act and shall be liable, on conviction, to a
fine ( multa ) not exceeding two hundred liri.
(2) Where an offence under this Act or against any regulations
made thereunder is committed by a body of persons, every person
who, at the time of commission of the offence, was a director,
manager, secretary or other similar officer of such body of persons
or was purporting to act in such capacity shall be guilty of that
offence and shall be liable to a like penalty as the body of persons
unless he proves that the offence was committed without his
knowledge and that he exercised all due diligence to prevent the
commission of the offence.
Regulations.
which regulations are authorised or required to be made by this
Act.
(2) Any regulations made under this Act may make different
provision for different cases or classes of case, and may contain
such incidental and supplementary provisions as appear to the
Minister to be necessary or expedient for the purposes of the
regulations.
(3) Any power to make regulations conferred by this Act shall
include power to amend, revoke or replace those regulations.
(4) Any regulations made under this Act shall be laid before the
House of Representatives as soon as practicable after they are made
and if, within the period of twenty-eight days after they are so laid
before it, the House resolves that the regulations be annulled or
amended, the regulations shall thereupon cease to have effect or
shall be so amended, but without prejudice to the validity of
anything previously done thereunder or to the making of new
regulations.
(5) In reckoning for the purposes of subsection (4) of this
section any such period of twenty-eight days, no account shall be
taken of any time during which the House is not in session or
during which it is adjourned for more than seven days.
