            EMPLOYMENT AND INDUSTRIAL RELATIONS       [ CAP. 452.        1
CHAPTER 452 
EMPLOYMENT AND INDUSTRIAL RELATIONS ACT
To consolidate, with amendments, the Conditions of Employment (Regulation) Act
(Cap.135) and the Industrial Relations Act (Cap. 266).
2nd December, 2002
27th December, 2002
ACT XXII of 2002.
ARRANGEMENT OF ACT
Articles 
  General   1-2 
Title I - Employment Relations
Part I Employment Relations Board 3
Part II  Recognised Conditions of Employment   4-10
Part III  Protection of Wages 11-25
Part IV  Protection against Discrimination related to Employment   26-32
Part V  Termination of Contracts of Service   33-42
Part VI  Enforcement and Non-Compliance related to Employment   43-47 
Part VII  Administration related to Employment   48
Title II - Industrial Relations
Part I Organization of Workers and Employers
Sub-Part 1 Status, registration and conduct of trade unions and
employer’s associations
49-62
Sub-Part 2 Restrictions in legal liability and proceedings and on
union membership
63-67
Part II Voluntary Settlement of Disputes 68-72
Part III The Industrial Tribunal 73-83
Title III – Supplementary Provisions 84-86
Schedule
  2        CAP. 452. ]               EMPLOYMENT AND INDUSTRIAL RELATIONS
GENERAL
Short title. 1. The short title of this Act is the Employment and Industrial
Relations Act.
Definitions. 2. (1) In this Act, unless the context otherwise requires -
"act" and "action" each includes omission and references to
doing an act or taking action shall be construed accordingly;
Cap. 343.
"apprentice" has the same meaning as is assigned to it by article
29 of the Employment and Training Services Act;
"class" when used in the context of a group or a category of
employees shall refer to the groups or categories listed in a
collective agreement:
Provided that where there is no collective agreement or
where a collective agreement does not stipulate groups or
categories of employees, it shall refer to the work performed or
expected to be performed independently of the title or name given
to the post;
"collective agreement" means an agreement entered into between
an employer, or one or more organisations of employers, and one or
more organisations of employees regarding conditions of
employment in accordance with the provisions of any law in force
in Malta;
"comparable whole-time employee" means a whole-time
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 whole-time
employee in the same establishment, the comparison shall be made
by reference to collective agreements covering similar comparable
whole-time employees in other establishments:
Provided further that where there is no applicable
collective agreement, reference shall be made to law or in default
of provision by law to the prevailing practice as may be established
by the Employment Relations Board;
"conciliator" means a person appointed as such under article 68;
"conditions of employment" means wages, the period of
employment, the hours of work and leave and includes any
conditions related to the employment of any employee under a
contract of service including any benefits arising therefrom, terms
of engagement, terms of work participation, manner of termination
of any employment agreement and the mode of settling any
differences which may arise between the parties to the agreement;
but it does not include professional ethics arising from any
professional relationship between an employer and an employee;
"confinement" means the birth of a living child or the birth of a
child whether living or dead after seven months of pregnancy;
"contract of service" and "contract of employment" means an
agreement, (other than service as a member of a disciplined force)
            EMPLOYMENT AND INDUSTRIAL RELATIONS       [ CAP. 452.        3
whether oral or in writing, in any form, whereby a person binds
himself to render service to or to do work for an employer, in return
for wages, and, in so far as conditions of employment are
concerned, includes an agreement of apprenticeship;
"Council" means the Joint Negotiating Council established by
article 72;
"court of inquiry" means a person or persons appointed as a court
of inquiry under article 69;
"Director" means the Director responsible for Employment and
Industrial Relations
"disciplined force" has the same meaning as is assigned to it by
article 47 of the Constitution of Malta;
"discriminatory treatment" means any distinction, exclusion or
restriction which is not justifiable in a democratic society including
discrimination made on the basis of marital status, pregnancy or
potential pregnancy, sex, colour, disability, religious conviction,
political opinion or membership in a trade union or in an
employers’ association;
"employee" means any person who has entered into or works
under a contract of service, or any person who has undertaken
personally to execute any work or service for, and under the
immediate direction and control of another person, including an
outworker, but excluding work or service performed in a
professional capacity or as a contractor for another person when
such work or service is not regulated by a specific contract of
service;
"employer" includes a partnership, company, association or other
body of persons, whether vested with legal personality or not;
"employees’ representative" for the purposes of articles 35,
36(14), 37 and 38 means the recognized union representative:
Provided that, where there exists no recognised union, the
terms shall mean such representative of the union representing the
employees, notwithstanding that in the case of non-unionised
employees, the terms shall mean such representative duly elected
from amongst the non-unionised employees, by means of a secret
ballot called for such purpose by the Director;
"employers’ association" means an organisation consisting
wholly or mainly of employers and of which the principal purpose
is by its rules the regulation of relations between employers and
workers or trade unions;
"employment", in relation to a trade dispute, includes any
relationship whereby one person does work or performs services
for another (other than a service as a member of a disciplined
force);
"hours of work" means the time on any day during which
employees are available for service to the employer, exclusive of
the intervals allowed for meals and rest;
"Industrial Tribunal" means the Industrial Tribunal set up under
  4        CAP. 452. ]               EMPLOYMENT AND INDUSTRIAL RELATIONS
Title II of this Act;
"Minister" means the Minister from time to time responsible for
Employment and Industrial Relations;
"national standard order" means an order made under this Act
regulating the conditions of employment of employees in general;
"outworker" means a person to whom articles, materials or
services of any nature are given out by an employer for the
performance of any type of work or service where such work or
service is to be carried out either in the home of the outworker or in
some other premises not being premises under the control and
management of that other person;
"overtime" means any hours of work in excess of the normal
hours of work;
"parent" includes an adoptive parent or any person who has the
legal custody of a child;
"part-time employee" means an employee whose normal hours of
work, calculated on a weekly basis or on an average over a period
of employment of up to one year, are less than the normal hours of
work of a comparable whole-time employee and who is not a
whole-time employee with reduced hours;
"period of employment" means the time in any day during which
employees are available for service to the employer, but inclusive
of the intervals allowed for meals and rest;
"personal injury" includes any disease and any impairment of a
person’s physical or mental condition;
"prescribed" means prescribed by this Act or by or under rules or
regulations made under this Act;
" pro   rata " means the proportion that the weekly number of hours
for which the employee is engaged bears to the number of weekly
hours, excluding overtime, of a comparable whole-time employee;
"public office", "public officer" and "public service" have the
same meaning as is assigned to them by article 124 of the
Constitution of Malta;
"recognised conditions of employment" are those conditions of
employment recognised in terms of Part II of Title I of this Act;
"recognition" for the purposes of this Act, shall mean the express
recognition of a registered trade union by an employer or by an
employers’ association for the purposes of collective bargaining;
"registered", in relation to a trade union or an employers’
association and to the rules thereof, means registered under this
Act;
"Registrar" means the Registrar of Trade Unions appointed or
designated under article 52;
"registration" means registration under this Act of a trade union
or of an employers’ association and of the rules thereof;
"sectoral regulation order" means an order made under this Act
            EMPLOYMENT AND INDUSTRIAL RELATIONS       [ CAP. 452.        5
regulating the conditions of employment of a sector or class of
employees;
"trade dispute" means a dispute between employers and workers,
or between workers and workers, which is connected with any one
or more of the following matters:
( a ) terms and conditions of employment, or the physical
conditions in which any workers are required to work;
( b ) engagement or non-engagement, or termination or
suspension of employment or the duties of
employment, of one or more workers;
( c ) allocation of work or the duties of employment as
between workers or groups of workers;
( d ) matters of discipline;
( e ) facilities for officials of trade unions;
( f ) machinery for negotiation or consultation, and other
procedures, relating to any of the foregoing matters,
including the recognition by employers or employers’
associations of the right of a trade union to represent
workers in any such negotiation or consultation or in
the carrying out of such procedures;
( g ) the membership or non-membership of a worker in a
particular trade union;
"trade union" means an organisation consisting wholly or mainly
of workers and of which the principal purpose is by its rules the
regulation of relations between workers and employers or
employers’ associations;
"Tribunal" means the Industrial Tribunal established by article
73;
"unfair dismissal", in relation to a worker, means:-
( a ) the termination by the employer in respect of that
worker of a contract of employment for an indefinite
time (other than probationary employment as defined
in this Act) being a termination which is not made
solely on the grounds of redundancy or for a good and
sufficient cause in accordance with the relevant
provisions of this Act or any regulations prescribed
hereunder, or 
( b ) which is made in contravention of the provisions of
article 64(4), or
( c )  which, though made on grounds of redundancy or for a
good and sufficient cause, is discriminatory as defined
in this Act or any regulations prescribed hereunder;
and includes any failure by the employer to re-employ such person
or to re-employ him as provided in article 36(3);
"wages" means remuneration or earnings, payable by an
employer to an employee and includes any bonus payable under
article 23 other than any bonus or allowance related to performance
  6        CAP. 452. ]               EMPLOYMENT AND INDUSTRIAL RELATIONS
or production;
"weekly day of rest" means a period of twenty four consecutive
hours starting from the time when the employee normally
commences his term of duty;
"whole-time employee" means an employee who is deemed to be
a whole-time employee in terms of any recognised conditions of
employment:
Provided that where a person is employed in more than one
whole-time employment, that employment in respect of which
social security contributions are payable shall be deemed to be the
whole-time employment of the employee, and any other
employment shall be deemed to be part-time employment;
"whole-time employee with reduced hours" means a whole-time
employee who in agreement with the employer works for less than
the number of hours of work applicable in terms of the recognised
conditions of employment to a whole-time employee, provided that
such employment is the principal employment of the employee, in
respect of which social security contributions are payable;
"worker" has the same meaning as "employee" but for the
purposes of Title II of this Act, "worker" means an employee who
works or normally works or seeks to work -
( a ) under a contract of employment; or
( b ) under any contract (whether express or implied and, if
express, whether oral or in writing) whereby he
undertakes to do or perform personally any work or
services for another party to the contract who is not a
professional client of his; or
( c ) in employment under or for the purposes of a
department of Government, otherwise than as a
member of a disciplined force, in so far as any such
employment does not fall within paragraph ( a ) or ( b )
of this definition, 
and in relation to a trade dispute to which an employer is a party,
"worker" includes any worker even if not employed by that
employer.
(2) For the purposes of this Act, a dispute to which a trade
union or an employers’ association is a party shall be treated as a
dispute to which workers or, as the case may be, employers are
parties.
(3) Any provision of this Act requiring compliance with or
observance of any provision of this Act (however such requirement
is worded), or making provision with respect to any contravention
thereof, shall be construed as requiring compliance with and
observance of, or as equally applicable to, any provision of any
regulation or rule made under this Act.
(4)  The masculine gender includes the feminine and the
singular includes the plural, unless the context otherwise requires.
            EMPLOYMENT AND INDUSTRIAL RELATIONS       [ CAP. 452.        7
TITLE I
EMPLOYMENT RELATIONS
PART I
EMPLOYMENT RELATIONS BOARD
Employment 
Relations Board.
3. (1) A Board to be designated Employment Relations Board
and hereinafter referred to as the "Board", shall be appointed by the
Minister.
(2)  The Board shall be composed as follows:
( a ) an independent chairperson;
( b ) the Director responsible for Employment and
Industrial Relations who shall act as Deputy
Chairperson;
( c ) four representatives of employees nominated by the
Malta Council for Economic and Social Development
from amongst the representative national workers’
organisations sitting on the said Council;
( d ) four representatives of employers nominated by the
Malta Council for Economic and Social Development
from amongst the representative national employers’
organisations sitting on the said Council; and
( e ) three other persons to be appointed by the Minister.
(3)  The functions of the Board shall be -
( a ) to make recommendations to the Minister as to any
national minimum standard conditions of employment,
hereinafter referred to as a national standard
recommendation, for eventual inclusion in a national
standard order;
( b ) to make recommendations to the Minister as to any
sectoral conditions of employment, hereinafter
referred to as a sectoral regulation recommendation,
for eventual inclusion in a sectoral regulation order;
( c ) to advise the Minister on any matter relating to
conditions of employment, or on any matter referred to
the Board by the Minister.
(4)  The Minister shall appoint a public officer to act as
secretary to the Board.
(5) Subject to the provisions of this Act and to any regulations
made thereunder the Board shall regulate its own procedure:
Provided that the Chairperson of the Board shall not vote
unless on any question the votes are equally divided, in which case
he shall have and exercise a casting vote.
(6) The Board shall have the power to co-opt non voting
members and to appoint sub-committees.
  8        CAP. 452. ]               EMPLOYMENT AND INDUSTRIAL RELATIONS
PART II
RECOGNISED CONDITIONS OF EMPLOYMENT
National Standard 
Orders and 
Sectoral 
Regulation Orders.
4. (1) Where the Minister receives any national standard
recommendation or any sectoral regulation recommendation he
may, subject as hereinafter provided, make a national standard
order or a sectoral regulation order, as the case may be, to be
published in the Gazette, giving effect to the national standard
recommendation or the sectoral regulation recommendation as from
such date as may be specified in the order:
Provided that the Minister may, if he thinks fit, before
making an order as aforesaid, refer the national standard
recommendation or the sectoral regulation recommendation
received by him back to the Board and the Board shall thereupon
reconsider it having regard to any observations made by the
Minister and may, if it thinks fit, re-submit the national standard
recommendation or the sectoral regulation recommendation to the
Minister either without amendment or with such amendments as it
thinks fit having regard to those observations.
(2) Any national standard recommendation and any sectoral
regulation recommendation as well as any national standard order
or sectoral regulation order for giving effect thereto, may make
different provisions for different cases and may contain provisions
for the amendment or revocation of previous national standard
orders or sectoral regulation orders and may contain any incidental,
supplemental or consequential provisions which may appear
necessary for carrying out the provisions of any national standard
order and any sectoral regulation order.
(3) No national standard order or sectoral regulation order shall
have effect so as to prejudice any rights as to conditions of
employment conferred on any employee by or under any law other
than this Act or by or under any existing contract.
(4) Without prejudice to what is provided in the proviso to
article 42, if a contract between an employee to whom a national
standard order or a sectoral regulation order applies and the
employer or any collective agreement provides for conditions of
employment less favourable to the employee than those specified in
the order, it shall have effect as if for those conditions there where
substituted the conditions specified in the order.
Recognised 
conditions of 
employment.
5.  (1) The conditions of employment prescribed in a national
standard order, or in a sectoral regulation order, or a collective
agreement or determined by voluntary settlement or award under
the Title II of this Act, or required to be observed by or under this
Act, shall be the recognised conditions of employment for the
employees concerned.
(2) Where the conditions of employment are prescribed in a
collective agreement, the employer or employers being a party
thereto shall, within fifteen days of the signing of such agreement,
send to the Director a copy thereof duly authenticated.
(3) Non observance by an employer of conditions of
            EMPLOYMENT AND INDUSTRIAL RELATIONS       [ CAP. 452.        9
employment established by a national standard order or by a
sectoral regulation order shall be deemed to be an offence under
this Act;
Cap. 16.
(4) Nothing in this article shall prejudice any rights the parties
may have arising out of any contract of service or any collective
agreement under the provisions of the Title II of this Act or any
other law, including the Civil Code.
Working hours and 
overtime.
6. The Minister may, after consultation with the Board,
prescribe the maximum weekly working hours, including overtime,
for employees, minimum periods of daily rest, weekly rest and
annual leave, and may make different provisions for different
classes of employees including any incidental, supplemental or
consequential provisions as may be deemed necessary.
Conditions of 
employment to be 
brought to notice.
7. On engagement of any employee, the employer shall
explain to the employee the provisions of any recognised
conditions of employment as may be applicable and shall deliver to
the employee a written statement about such conditions as may be
prescribed.
Cost of living 
increases.
8. (1) Where a general increase in wages is granted by the
Government to all its whole-time employees and such increase is
declared by the Minister by notice in the Gazette to be of general
application to all whole-time employees, every employer shall
increase the wages of every whole-time employee in his
employment by an amount equivalent or corresponding to the
increase granted by the Government to its employees with effect
from the date on which the increase granted by the Government in
respect of its employees takes effect:
Provided that, in the case of an employee who is entitled to
pro rata benefits in accordance with this Act or any regulations
issued hereunder, such employee shall be entitled to a portion of
such cost of living increase on a pro rata basis.
(2) For the purpose of subarticle (1), "whole-time employees"
means any employee who is deemed to be a whole-time employee
in accordance with any recognised condition of employment as
defined in this Act and includes any other employee who is in
employment with any particular employer for not less than thirty-
five hours per week averaged in a twelve month period or part
thereof.
Occupational 
health and safety. 
Cap. 424.
9. In so far as conditions of employment are concerned, the
provisions of the Occupational Health and Safety Authority Act
and any regulations issued thereunder shall be deemed to form part
of the recognised conditions of employment of employees to whom
such provisions or regulations may apply and shall, on coming into
force, have the same effect as if they were national standard orders
or sectoral regulation orders.
Maternity leave, 
parental leave and 
leave for urgent 
family reasons.
10. The Minister may ,  after consultation with the Board ,  make
regulations establishing minimum periods of maternity leave,
parental leave and leave for urgent family reasons to which an
employee shall be entitled and the conditions regulating such
  10        CAP. 452. ]               EMPLOYMENT AND INDUSTRIAL RELATIONS
entitlement
PART III
PROTECTION OF WAGES
Wages to be paid 
entirely in legal 
tender to the 
employee.
11. (1) Except where otherwise expressly permitted by the
provisions of this Act, the entire amount of the wages earned by, or
payable to, any employee shall be paid to him in money being legal
tender in Malta, and every payment of, or on account of, any such
wages made in any other form and any covenant in any contract
providing for other form of payment shall be null and void:
Provided that payment of wages by cheque on a bank in
Malta or payable to the Bank account of an employee shall be
deemed to be payment in legal tender in cases in which payment in
this manner is customary or necessary or is consented to by the
employee concerned.
(2) Wages shall be paid directly to the employees to whom they
are due except as may otherwise be provided by any law or in
virtue of an order made by a competent court or where the
employee or employees concerned agree to the contrary.
Terms as to 
spending of wages.
12. No employer shall impose in any contract of service any
terms as to the place in which, or the manner in which, or the
person or persons with whom, any wages paid to the employee, or
any part thereof, are to be spent or otherwise employed, and any
such term contained in any such contract shall be null and void.
Attachment or 
assignment of 
wages.
13. (1) Wages payable by an employer to an employee may
not be assigned.
Cap. 12.
(2)  Wages payable by an employer to an employee may not be
attached save according to the provisions of articles 381, 382 and
849 of the Code of Organisation and Civil Procedure.
(3)  The provisions of subarticles (1) and (2) shall not apply
where the assignment or attachment is intended to ensure the
payment of maintenance due to the spouse, or to a minor child or to
a person with disability or to an ascendant of the employee.
Interest on 
advances 
prohibited.
14.  No employer shall make any deduction from wages by way
of discount, interest or any charge of a similar nature in view of any
advance of wages made to any employee in anticipation of the
covenanted date of payment thereof.
Deduction from 
wages.
15.  (1)  Except where expressly permitted by the provisions of
this Act or required by any other law, or where ordered by or in
virtue of an order of a competent court, or permitted in an
agreement entered into between an employer or employers or an
organisation of employers on the one hand and a trade union or
trade unions representative of the employees concerned on the
other, an employer shall not make any deductions nor enter into any
contract with an employee authorising any deductions to be made
from the wages to be paid by the employer to the employee.
(2)  Unless expressly provided by or under this Act or any other
law, an employer shall not compute as part of the wages of an
            EMPLOYMENT AND INDUSTRIAL RELATIONS       [ CAP. 452.        11
employee any other benefit or income, even though granted or paid
by the employer, which is payable on account of any cause other
than the contract of service.
(3)  Notwithstanding the provisions of this article, at the request
in writing of an employee, the employer may make deductions from
the wages of such employee for the purpose of a superannuation or
thrift scheme or for any purpose in the carrying out of which the
employer has no beneficial financial interest, direct or indirect.
(4) Deductions in the form of direct or indirect payments for
the purpose of obtaining or retaining employment shall not be made
from the wages of an employee by an employer, or by any
intermediary or labour contractor or recruiter.
Subordinate 
contracts of 
service.
16. Where any contract of service contains conditions as to
holidays better than the minimum established by law, no employer
may enter into a subordinate contract of service providing for the
payment to the employee in respect of any of such holidays of a
daily rate lower than the normal daily rate applicable to such
employee.
Public holidays 
falling on weekly 
day of rest.
17.  Where, in the case of whole-time employees, a public
holiday other than a Sunday, falls on a weekly day of rest to which
such employee is entitled, such employee shall be entitled to an
additional day of vacation leave during the calendar year when
such public holiday so falls on a weekly day of rest or on a Sunday
in respect of each such public holiday.
Remuneration 
other than wages.
18.  Nothing in this Act shall prevent the making of any
contract by an employer with an employee for giving to him food, a
dwelling place or other allowances or privileges other than in the
form of intoxicating liquor or noxious drugs, in addition to the
minimum wages prescribed by a national standard order or a
sectoral regulation order, or to a higher stipulated wage, for normal
time and overtime, as a remuneration for the employee’s services.
Fines.
where -
( a ) the terms of any written contract of service signed by
the employees or the terms of a written statement
signed by an employer in accordance with article 7
specify in detail the fine or fines to which the
employee may become liable in respect of an act or
omission; and 
( b ) the terms of any such contract or the terms of any such
statement have been previously approved by the
Director, 
it shall be lawful for the employer to make such deductions as may
be authorised by such contract or such written statement.
(2) Notwithstanding the provision of subarticle (1), where an
employee fails without just cause to give to his employer the total
number of hours of work as bound by the terms of any contract of
service applicable to him, the employer shall not inflict on the
employee any fine for such loss of work but may deduct from the
  12        CAP. 452. ]               EMPLOYMENT AND INDUSTRIAL RELATIONS
total wages due to the employee that part thereof which
corresponds to the work so lost.
(3) Where any fine or fines are imposed by a person or by a
group of persons, however named, authorised to perform such
function by the employer, such person or persons shall be liable for
their acts, without prejudice to the liability of the employer, as if
they were the employer.
(4) Unless otherwise prescribed in a collective agreement,
when an employer suspends an employee from work and during the
period of suspension does not pay him wages or pays him less than
the wage to which the employee is entitled, the employer shall be
deemed to have made a deduction from the wages of the employee
by way of a fine equivalent to the amount underpaid to him in
wages.
Wages to be 
privileged debts.
20.  Notwithstanding the provisions of any other law any claim
by any employee in respect of a maximum of three months of the
current wage payable by the employer to the employee, and
compensation for leave to which the employee is entitled, together
with any compensation due to the employee in consideration of the
termination of employment, or any notice thereof, shall constitute a
privileged claim over the assets of the employer and shall be paid
in preference to all other claims whether privileged or hypothecary:
Provided that, in every case, the maximum amount of the
privileged claim shall not exceed the equivalent of the national
minimum wage payable at the time of the claim over a period of six
months.
Guarantee fund. 21. (1) There is hereby established a Guarantee Fund
(hereinafter referred to as "the Fund") for the purpose of
guaranteeing payment of unpaid wages due by an employer to those
employees whose employment is terminated because of the
employer’s proved insolvency, which fund shall be regulated and
administered in such manner as the Minister may prescribe.
(2) The Minister may, after consultation with the Minister of
Finance and with the Board, prescribe regulations for the purpose
of giving better effect to the provisions of this article; without
prejudice to the generality of the foregoing, such regulations may
establish -
( a ) the manner in which the Fund shall be set up and
initially funded and for this purpose the Minister is
authorised to endow the fund with such amount and for
such period as the Minister may prescribe;
( b ) the level of proof required in order to prove insolvency
of the employer;
( c ) the rate of contribution which the State, employers and
employees shall contribute towards the continued
funding of the Fund;
( d ) the manner in which such Fund shall be administered;
( e ) any class of employment that is precluded from
            EMPLOYMENT AND INDUSTRIAL RELATIONS       [ CAP. 452.        13
making a claim under the Fund;
( f ) the manner and the circumstances in which a claim
may be made by an employee for payment from the
Fund and the manner and the circumstances in which a
claim shall be paid to an employee out of the Fund;
( g ) the maximum amount which can be paid out of the
Fund to any single claimant;
( h ) the right of the Fund to be subrogated into the rights of
the employee to whom an amount is paid from the said
Fund; as well as the right of the Fund to claim refund
of any amounts so paid, from the employer of the
employee;
( i ) the measures and procedures that may be required in
order to prevent abuse.
(3) The Fund shall have a distinct legal personality and shall be
capable of entering into contracts, of suing and being sued, and
doing all such things and entering into such transactions as are
incidental or conducive for the fulfilment of its objectives as may
be prescribed by the Minister.
(4) The Fund shall be empowered to collect, recover and
institute proceedings for the payment of sums due to it, in terms of
the provisions of this Act.
(5) The legal and judicial representation of the Fund shall vest
in the chairperson or in any other person as the Fund may authorise
for this purpose.
Wages to be paid at 
regular intervals.
22. (1) Every employer shall pay or cause to be paid wages to
his employees at regular intervals which shall not exceed four
weeks in arrears:
Provided that the provisions of this subarticle shall not
apply where an agreement is entered into between an employer or
employers or organisations of employers on the one hand and trade
union representatives of the employees concerned on the other,
fixing other intervals for the payment of wages.
(2) On termination of a contract of service all wages
outstanding and any compensation payable to the employee for
leave entitlement unavailed of, shall be paid by the date of the next
pay day determined under subarticle (1) as if the contract had not
been terminated.
(3) A settlement of accounts shall be made at least once a year
by the employer in respect of employees whose wages consist of a
share of profits or of a commission on sales or payments made or
received by the employer.
Payment of bonus.
of his whole-time employees, such statutory bonuses and income
supplements in the amount and at the times as may be established
by legal notice issued by the Minister of Finance by virtue of this
article; provided that such statutory bonus shall be in the form of a
sum of money which, in either case, shall not be less than one-half
  14        CAP. 452. ]               EMPLOYMENT AND INDUSTRIAL RELATIONS
of that which the Government shall have announced in the general
estimates of any particular year as payable by the Government to
each of its employees during that year:
Provided that, where any person has been in whole-time
employment with any particular employer for a period of not less
than thirty days but less than twelve months between the 1st
January and the 31st December of any year, such employee shall be
entitled to receive from his employer, or from any of his employers,
a proportionate amount of the bonus payable under this article,
calculated on the number of days in any such employment:
Provided further that any unqualifying period of
employment during the first six months of any year shall be added
to any period of employment with the same employer during the
second six months of that year for the purposes of the qualifying
period of employment and the total amount of bonus due to that
employee with respect to the total period of such employment shall
be paid between the 15th and the 23rd day of December of that
year, notwithstanding that the total amount of bonus so payable
shall exceed the normal amount of bonus payable in respect of the
second six months of that year. 
(2) In this article - 
"employee" includes a person under agreement of
apprenticeship;
"his whole-time employees" includes any whole-time employee
who has been in employment with any particular employer for a
period of not less than thirty days during any time as from or after
the lst January of any year but is no longer in such employment on
the 30th June and/or the 31st December of that year;
"whole-time employee" means any employee who is deemed to
be a whole-time employee in accordance with any recognised
condition of employment as defined in this Act and includes any
other employee who is in employment with any particular employer
for not less than thirty-five hours per week averaged in a twelve
month period or part thereof.
Whole-time 
employees with 
reduced hours.
24.  Whole-time employees with reduced hours shall be paid
not less  pro   rata  than the wage applicable to a whole-time
employee in similar employment, and they shall be also entitled to
a share  pro   rata  of -
( a ) the entitlement of public holidays with pay and annual
vacation leave;
( b ) the benefits contemplated in article 10;
( c ) any entitlement of injury leave;
( d ) any entitlement to statutory bonus,
to which whole-time employees in similar employment with the
same employer are entitled in terms of the recognised conditions of
employment applicable to them.
Part-time 
employees.
25. (1) Part-time employees shall not be treated in a less
favourable manner than comparable whole-time employees solely
            EMPLOYMENT AND INDUSTRIAL RELATIONS       [ CAP. 452.        15
because they work part-time unless different treatment is justified
on objective grounds.
(2) The Minister may, after consultation with the Board,
prescribe regulations establishing:
( a ) the conditions for qualification for pro rata entitlement
to specific conditions of work, including the minimum
number of hours which a part-time employee must
work in order to qualify as well as the minimum period
of service that may be required prior to qualification;
( b ) the provision of timely information on the availability
of part-time and whole-time positions in the place of
work as well as access to vocational training or career
advancement opportunities;
( c ) any other matter which is deemed necessary in order to
regulate the conditions of work of part-time employees
as prescribed in subarticle (1).
PART IV
PROTECTION AGAINST DISCRIMINATION RELATED TO 
EMPLOYMENT
Discrimination and 
gender equality.
26. (1) It shall not be lawful for any person -
( a ) when advertising or offering employment or when
advertising opportunities for employment or when
selecting applicants for employment, to subject any
applicants for employment or any class of applicants
for employment to discriminatory treatment;
( b ) in regard to employees already in the employment of
the employer, to subject any such employees or any
class of employees to discriminatory treatment, in
regard to conditions of employment.
(2) For the purposes of this article, discriminatory treatment
shall include: 
( a ) the engaging or selection of a person who is less
qualified than a person of the opposite sex, unless the
employer can prove that the action was based on
acceptable grounds related to the nature of the work or
on grounds related to previous work performance and
experience;
( b ) actions which apply to an employee, terms of payment
or employment conditions that are less favourable than
those applied to an employee in the same work or work
of equal value, on the basis of discriminatory
treatment;
( c ) actions whereby the employer knowingly manages the
work, distributes tasks or otherwise arranges the
working conditions so that an employee is assigned a
clearly less favourable status than others on the basis
of discriminatory treatment.
  16        CAP. 452. ]               EMPLOYMENT AND INDUSTRIAL RELATIONS
Cap. 413.
(3) The provisions of subarticles (1) and (2) shall be without
prejudice to the rights and obligations prescribed by the Equal
Opportunities (Persons with Disability) Act, and shall not apply to
any preference or exclusion which is reasonably justified taking
into account the nature of the vacancy to be filled or the
employment offered, or where a required characteristic constitutes
a genuine and determining occupational requirement or where the
requirements are established by any applicable laws or regulations.
(4) For the purposes of this article, the term "offering
employment" includes recruitment or training of any person with a
view to engagement in employment and in regard to a person
already in employment, includes also promotion to a higher grade
or engagement in a different class of employment
Work of equal 
value.
27. Employees in the same class of employment are entitled to
the same rate of remuneration for work of equal value:
Provided that an employer and a worker or a union of
workers as a result of negotiations for a collective agreement, may
agree on different salary scales, annual increments and other
conditions of employment that are different for those workers who
are employed at different times, where such salary scales have a
maximum that is achieved within a specified period of time; and
Provided further that any distinction between classes of
employment based on discriminatory treatment otherwise than in
accordance with the provisions of this Act or any other law shall be
null and of no effect.
Victimisation. 28. It shall not be lawful to victimise any person for having
made a complaint to the lawful authorities or for having initiated or
participated in proceedings for redress on grounds of alleged
breach of the provisions of this Act, or for having disclosed
information, confidential or otherwise, to a designated public
regulating body, regarding alleged illegal or corrupt activities
being committed by his employer or by persons acting in the
employer’s name and interests.
Harassment. 29.  (1) It shall not be lawful for an employer or an employee
to harass another employee or to harass the employer by subjecting
such person to any unwelcome act, request or conduct, including
spoken words, gestures or the production, display or circulation of
written words, pictures or other material, which in respect of that
person is based on sexual discrimination and which could
reasonably be regarded as offensive, humiliating or intimidating to
such person.
(2) It shall not be lawful for an employer or an employee to
sexually harass another employee or the employer (hereinafter in
this article referred to as "the victim") by:
( a ) subjecting the victim to an act of physical intimacy; or
( b ) requesting sexual favours from the victim; or
( c ) subjecting the victim to any act or conduct with sexual
connotations, including spoken words, gestures or the
production, display or circulation of written words,
            EMPLOYMENT AND INDUSTRIAL RELATIONS       [ CAP. 452.        17
pictures or other material where -
(i) the act, request or conduct is unwelcome to the
victim and could reasonably be regarded as
offensive, humiliating or intimidating to the
victim;
(ii) the victim is treated differently, or it could
reasonably be anticipated that the victim could
be so treated, by reason of the victim’s rejection
of or submission to the act, request or conduct.
Reference to 
Industrial Tribunal.
30.  (1) A person who alleges that the employer is in breach of,
or that the conditions of employment are in breach of articles 26,
27, 28 or 29, may within three months of the alleged breach, lodge
a complaint to the Industrial Tribunal and the Industrial Tribunal
shall hear such complaint and carry out any investigations as it
shall deem fit.
(2)  If the Industrial Tribunal is satisfied that the complaint is
justified, it may take such measures as it may deem fit including the
cancellation of any contract of service or of any clause in a contract
or in a collective agreement which is discriminatory and may order
the payment of reasonable sums of money as compensation to the
aggrieved party.
(3) For the purposes of hearing and deciding cases of alleged
discrimination, breaches of the principle of work of equal value,
victimisation or harassment, the Industrial Tribunal shall be
composed of a chairperson alone in the manner set out in article
73(4).
(4)  Any action taken by a complainant in accordance with the
provisions of this article shall be without prejudice to any further
action that such complainant may be entitled to take under any
other applicable law and shall also be without prejudice to any
other action to which the respondent may be subject in accordance
with any other applicable law.
Power of Minister 
to make 
regulations.
31. Subject to the foregoing, the Minister may, after
consultation with the Board, prescribe regulations to give better
effect to the provisions of articles 26, 27, 28 and 29 and in
particular for the elimination of any discriminatory practices in the
employment or in the conditions of employment of any person or
class of persons, for providing equal opportunities of employment
for classes of persons who are at a disadvantage and to regulate
access to the Industrial Tribunal and investigation and hearing by
the Industrial Tribunal of complaints of alleged discrimination,
breaches of the principle of work of equal value, victimisation or
harassment.
Offence.
29 shall be guilty of an offence and shall be liable on conviction to
a fine ( multa ) not exceeding one thousand liri (Lm 1000) or to
imprisonment for a period not exceeding six months, or to both
such fine and imprisonment.
  18        CAP. 452. ]               EMPLOYMENT AND INDUSTRIAL RELATIONS
PART V
TERMINATION OF CONTRACTS OF SERVICE
Duration of 
contracts of 
service.
33.  A person may bind himself to give his services for a fixed
term or for an indefinite term, or in respect of a specified task,
undertaking, work or service: 
Provided that where the employee has been retained in
employment after the date of termination of a contract of service
for a specified time or has been re-employed by the employer for a
fixed or indefinite term within one year from the date of
termination of a contract of service for a specified time, the
conditions of employment shall not be less favourable than those
which would have been applicable had the contract of service been
for an indefinite time and the aggregate probationary period shall in
no case be longer than that provided for under this Act.
Fixed-term 
contracts.
34 . (1) Saving as otherwise prescribed by this Act, the
conditions of employment in a fixed term contract shall not be less
favourable than those which would have been applicable had the
same contract of employment at the same place of work been for an
indefinite time, unless different treatment is justified on objective
grounds:
Provided that this article shall not apply to contracts of
employees on initial vocational training and, or, on apprenticeship
schemes.
(2) Any employee on a fixed term contract of service whose
contract has expired and is retained by his employer shall be
deemed to be retained on an indefinite period contract if the said
employee is not given a new contract of service within the first
twelve working days following the expiry of the previous contract.
(3) The Minister may, after consultation with the Board, make
regulations to -
( a ) give better effect to the principle of non-
discrimination between employees on fixed-term
contracts and employees on indefinite contracts;
( b ) establish the circumstances when, for objective
reasons, conditions in fixed term contracts may be
different from conditions in indefinite contracts;
( c ) generally to regulate any matter relating to fixed-term
contracts.
Rights of 
employees to 
minimum 
information.
35.  The Minister may, after consultation with the Board, make
regulations prescribing the minimum information which every
employer shall be bound to provide to every employee and the
manner in which such information is to be given to the employee
and to regulate any other matter relating to the employer’s
obligation to inform or consult the employee or the employees’
representatives on employment conditions, and, in such regulations
the Minister may grant exemption from the obligation imposed by
this article or establish different rules for different classes or types
of employment.
            EMPLOYMENT AND INDUSTRIAL RELATIONS       [ CAP. 452.        19
Notice of and 
compensation for 
termination of 
contracts of 
service.
36.  (1) Saving the provisions of subarticle (16), the first six
months of any employment under a contract of service shall be
probationary employment unless otherwise agreed by both parties
for a shorter probation period:
Provided that in the case of a contract of service, or
collective agreement, in respect of employees holding technical,
executive, administrative or managerial posts and whose wages are
at least double the minimum wage established in that year, such
probation period shall be of one year unless otherwise specified in
the contract of service or in the collective agreement.
(2) During the probationary period the employment may be
terminated at will by either party without assigning any reason:
Provided that a week’s notice of the termination of
employment shall be given to the other party in the case of an
employee who has been in the employment of the same employer
continuously for more than one month.
(3)  A contract of service for an indefinite time may be
terminated, by giving notice as set out in subarticle (5), by the
employee without assigning any reason and by the employer,
saving the provision of subarticle (14), only on grounds of
redundancy:
Provided that any employee whose employment is
terminated on grounds of redundancy shall be entitled to re-
employment if the post formerly occupied by him is again available
within a period of one year from the date of termination of
employment:
Provided further that such an employee shall be so re-
employed at conditions not less favourable than those to which he
would have been entitled if the contract of service relating to him
had not been terminated:
Provided, finally, that any employee who shall have been so
re-employed shall, for the purposes of this Act, be deemed to have
continued in his employment notwithstanding the termination made
under this subarticle.
(4)  Where an employer intends to terminate the employment of
an employee on grounds of redundancy, he shall terminate the
employment of that person who was engaged last in the class of
employment affected by such redundancy:
Provided that, where such person is related to the employer
(not being a limited liability company or a statutory body) by
consanguinity or affinity up to the third degree, the employer may,
instead of terminating the employment of such person, terminate
that of the person next in turn.
(5)  Notwithstanding any agreement to the contrary, and
without prejudice to what is stated in paragraph ( f ), notice of the
termination of employment proposed either by the employer or by
the employee under a contract of service for an indefinite time,
shall be of the following respective duration, if the employee has
  20        CAP. 452. ]               EMPLOYMENT AND INDUSTRIAL RELATIONS
been in the employment of the same employer continuously -
  Provided that notice of termination of employment may not
be given during maternity leave or during the period of incapacity
for work to which subarticle (17) refers or during such other period
as the Minister may prescribe.
(6) Where one period of employment on a contract of service
for an indefinite time is of less than six months but is followed by
another period of employment in the same class of employment
commencing within the next following six months from the last day
of employment, the two periods shall, for the purposes of subarticle
(5), in regard to the second period of employment be deemed to be
one continuous period.
(7) The period of notice shall begin to run from the working
day next following the day on which notice is given.
(8)  On receiving notice from the employer as aforesaid the
employee under a contract of service for an indefinite time shall
have the option either of continuing to perform work until the
period of notice expires or, at any time during the currency of the
period of notice, of requiring the employer to pay him a sum equal
to half the wages that would be payable in respect of the unexpired
period of notice.
(9) On receiving notice from the employee as aforesaid, the
employer shall have the option either to allow the employee to
continue to perform work until the period of notice expires or, at
any time during the currency of the period of notice, to pay the
employee a sum equal to the wages that would have been payable
in respect of the unexpired period of notice.
(10) If an employee under a contract of service for an indefinite
time fails to give notice as aforesaid, he shall be liable to pay to the
employer a sum, equal to half the wages that would be payable in
respect of the period of notice. If the employer fails to give the said
notice, he shall be liable to pay to such employee a sum equal to the
wages that would be payable in respect of the period of notice.
(11) An employer who dismisses an employee before the
( a ) for more than one month but not
more than six months .................... one week;
( b )  for more than six months but not
more than two years ...................... two weeks;
( c ) for more than two years but not
more than four years ..................... four weeks;
( d ) for more than four years but not
more than seven years ................... eight weeks;
( e )  for more than seven years, an additional 1 week for
every subsequent year of service up to a maximum of
twelve weeks;
( f )  or such longer periods as may be agreed by the
employer and employee in the case of technical,
administrative, executive or managerial posts:
            EMPLOYMENT AND INDUSTRIAL RELATIONS       [ CAP. 452.        21
expiration of the time definitely specified by a contract of service,
shall pay to the employee one-half of the full wages that would
have accrued to the employee in respect of the remainder of the
time specifically agreed upon.
(12) An employee who abandons the service of his employer
before the time definitely specified by the contract of service shall
pay to his employer a sum equal to one-half of the full wages to
which he would have become entitled if he had continued in the
service for the remainder of the time so specifically agreed upon:
Provided that in this subarticle and in subarticles (8), (9),
(10) and (11), reference to "full wages" or "wages" is to mean the
wage payable to an employed person by or on behalf of his
employer, excluding any remuneration for overtime, any forms of
bonus, any allowances, and remuneration in kind and commissions.
(13)  In the case of employees under a contract of service paid by
the unit of work, or by a share in the profits, or by a commission on
the sales or payments made or received by the employer, the
amount payable in terms of subarticles (8), (10), (11) and (12) shall
be calculated on the average earning of the employee during the
three months immediately preceding the day on which notice is
given or the abandonment or termination of employment takes
place.
(14) Notwithstanding the foregoing provisions of this article, an
employer may dismiss the employee and the employee may
abandon the service of the employer, without giving notice and
without any liability to make payment as provided in subarticles
(10), (11) and (12) if there is good and sufficient cause for such
dismissal or abandonment of service:
Provided that an employer may not set up as a good and
sufficient cause -
( a ) that the employee at the time of the dismissal was a
member of a trade union, or is seeking office as, or
acting or has acted in the capacity of an employees’
representative; or
( b ) except in the case of a private domestic employee, that
the employee no longer enjoys the employer’s
confidence; or
( c ) that the employee contracts marriage; or
( d ) that an employee is pregnant with child or is absent
from work during maternity leave; or
( e ) that the employee discloses information, whether
confidential or otherwise, to a designated public
regulating body, regarding alleged illegal or corrupt
activities being committed by his employer or by
persons acting on the employer’s name and interests;
or 
( f ) that the employee has filed a complaint or is
participating in proceedings against the employer
involving alleged violation of laws or regulations or is
  22        CAP. 452. ]               EMPLOYMENT AND INDUSTRIAL RELATIONS
having recourse to competent administrative
authorities; or 
( g ) that the business in which the employee is engaged has
undergone a transfer of ownership, unless he proves
that the termination is necessary for economic,
technical or organisational reasons entailing changes
in the workforce:
Cap. 318.
Provided further that the employer can terminate the
employment of an employee when the employee reaches retirement
age as defined in the Social Security Act. 
(15) A contract of service shall not, except with the consent of
the employee, be terminated by the employer during any period of
incapacity for work of the employee caused by personal injury by
accident arising out of and in the course of employment or by any
of the occupational diseases specified in the Social Security Act in
each case occurring in the service of that employer:
Provided that -
( a ) during such period of incapacity wages less injury
benefit payable under the Social Security Act not
including any benefit for permanent disability shall
accrue in favour of the employee as may be provided
by or under any recognised condition of employment
as defined in Part II of Title I of this Act; and
( b ) the provisions of this subarticle shall not apply beyond
the first twelve calendar months of incapacity.
(16) On the cessation of the incapacity for work referred to in
the last preceding subarticle the employer shall, within twenty-one
days from an application made by the employee, re-instate the
employee in his former employment or, if the injury or disease has
caused a disablement rendering the employee unfit for the former
employment, in other suitable employment:
Provided that the application for re-instatement by the
employee shall be made in writing within seven days of the
cessation of the incapacity for work.
(17)  A whole-time female employee shall not be dismissed by
the employer during the period of her maternity leave or the period
of five weeks following the end of such leave in which she is
incapable for work owing to a pathological condition arising out of
confinement.
(18)  Any period of incapacity for work referred to in the last
preceding subarticle shall be deducted from the period of sick leave
to which the employee is entitled at the time of such incapacity, so
however that the period of incapacity which exceeds such
entitlement shall be deemed to be leave of absence without
entitlement to wages:
Provided that the employer may require the employee to
produce evidence of such incapacity for work and may require his
own doctor to visit such employee and to report to him on the
condition of her health.
            EMPLOYMENT AND INDUSTRIAL RELATIONS       [ CAP. 452.        23
(19) The employee shall, at the termination of maternity leave to
which she is entitled under the provisions of this Act or of the
period of her incapacity for work to which subarticle (17) refers, be
entitled to resume work in the post she occupied on the
commencement of her maternity leave, or in an analogous post if at
the time when she becomes so entitled the post she formerly
occupied is no longer available.
(20) Where a female employee does not resume work as
provided in the preceding subarticle, or, after having so resumed
work, abandons the service of her employer without good and
sufficient cause within six months from the date of such
resumption, she shall be liable, without prejudice to any other
liability under this Act, to pay the employer a sum equivalent to the
wages she received during the maternity leave.
Collective 
redundancies.
37. (1) An employer shall not terminate the employment of
any employee on grounds of collective redundancy before he has
notified in writing the employees’ representatives recognised by
him of the termination of employment contemplated by him and has
provided the said representatives with an opportunity to consult
with the employer.
(2)  The Minister may, after consultation with the Board, make
regulations prescribing the circumstances when redundancies are to
be deemed collective redundancies; the manner in which
consultations between the employer and the employees’
representatives are to take place; the procedure to be adopted; the
categories or classes of employment that are exempted from the
effects of this article and any other matter that is related or
ancillary thereto. 
(3)  Any person who fails to comply with the provisions of this
article or of any regulations made thereunder shall be guilty of an
offence against this Act.
Transfer of 
business.
38.  (1)  When a business or other undertaking is taken over, in
whole or in part by a person (hereinafter in this article referred to as
the "transferee") from any employer (hereinafter in this article
referred to as the "transferor") any employee in the employment of
the transferor on the date of transfer of the undertaking shall be
deemed to be in the employment of the transferee and the transferee
shall take on all the rights and obligations which the transferor has
towards the employee.
(2) The transferor or the transferee shall inform the employees’
representatives of their respective employees affected by the
transfer with:
( a )  the date or proposed date of the transfer;
( b ) the reasons for the transfer;
( c ) the legal, economic and social implications of the
transfer for the employees; and
( d ) the measures envisaged in relation to the employees.
(3) Following the transfer, the transferee shall continue to
  24        CAP. 452. ]               EMPLOYMENT AND INDUSTRIAL RELATIONS
observe the terms and conditions agreed in any collective
agreement on the same terms applicable to the transferor under that
agreement, until the date of termination or expiry of the collective
agreement or the entry into force or application of another
collective agreement.
Cap. 386.
(4)  This article shall not apply to any transfer of an
undertaking, business or part of an undertaking or business where
the transferor is the subject of bankruptcy proceedings or in a
winding up by the Court in accordance with the provisions of the
Companies Act or other insolvency proceedings which have been
instituted with a view to the liquidation of the assets of the
transferor and are under the supervision of a court appointed
liquidator.
(5)  The Minister may make regulations prescribing the manner
in which consultations between the employer and the employees’
representatives are to take place; the procedure to be adopted; the
categories or classes of employment or undertakings that are
exempted from the effects of this article and any other matter that is
related or ancillary thereto.
(6)  Any person who fails to comply with the provisions of this
article or of any regulations made thereunder shall be guilty of an
offence against this Act.
Employees 
excluded from 
operation of 
articles 36, 37 and 
38.
Cap. 234.
39.  The provisions of articles 36, 37 and 38 shall not apply in
respect of seamen employed on ships under the provisions of the
Merchant Shipping Act; and in the event of any conflict between
any of the provisions of the said Act and any of the provisions of
this Act, the former shall apply.
Condition in 
contract of service 
without effect.
40.  Any condition in a contract of service which empowers the
employer to terminate the employment of a female employee on her
contracting marriage or becoming pregnant with child shall be null
and void.
Certificates of 
service.
41.  On the termination of a contract of service lasting over one
month, the employer shall be bound, at the employee’s request, to
give him a certificate stating the duration of the employment, the
nature of the work or services performed and, if the employee so
desires, the reason for the termination of the contract, and the rate
of wages paid:
Provided that the employer shall not be required to state the
reason of termination of employment, if the employment was
terminated during probation.
Conditions less 
favourable than 
Act.
42.  Unless in such case as is otherwise provided by this Act, if
a contract of service between an employee and his employer or a
collective agreement entered into between the employer and the
recognised union representatives, provides for any conditions of
employment, including conditions relating to the termination of the
contract, less favourable to the employee than those specified in or
under this Act, they shall have effect as if for those conditions less
favourable to the employee there were substituted the conditions
specified in or under this Act:
            EMPLOYMENT AND INDUSTRIAL RELATIONS       [ CAP. 452.        25
Provided that, in exceptional cases, the employer in
agreement with the employee or union representatives may provide
for different conditions of employment than those specified in or
under this Act as long as such agreement is a temporary measure to
avoid redundancies and as long as it is approved by the Director,
which approval needs to be reviewed every four weeks.
PART VI
ENFORCEMENT AND NON-COMPLIANCE RELATED TO 
EMPLOYMENT
Appointment of 
inspectors.
43. (1) The Minister shall appoint such officers of the
department responsible for employment and industrial relations as
he may think fit to be inspectors for the purposes of this Act.
(2)  Inspectors so appointed as aforesaid shall be empowered -
( a ) to enter freely and without previous notice at all
reasonable times any premises or place liable to
inspection under this Act;
( b ) to carry out in any such premises or place any
examination, test or inquiry which they may consider
necessary in order to satisfy themselves that the
provisions of this Act or of any regulations or orders
thereunder as well as any recognised conditions of
employment are being observed, and in particular -
(i) to interrogate, alone or in the presence of
witnesses, the employer or the employees on any
of the said matters;
(ii) to require the production of any books, registers
or other documents the keeping of which is
prescribed by this Act or by any order issued
under this Act and to copy such documents or
make extracts therefrom.
(3) On the occasion of an inspection visit, an inspector shall
notify the employer or his representative of his presence, unless he
considers that such a notification may be prejudicial to the
performance of his duties.
(4)  The premises and places liable to inspection under this Act
are any premises or places in respect of which any provisions of
this Act or of any regulation or order thereunder or any recognised
conditions of employment apply or any premises or places in
respect of which an inspector has reasonable cause to believe that
this Act or any regulations or orders thereunder or any recognised
conditions of employment apply.
(5)  Such inspectors -
( a ) shall be prohibited from having any direct or indirect
interest in any premises or places which may be
subject to inspection by them;
( b ) shall not reveal at any time even after ceasing to be
inspectors any manufacturing or commercial secrets or
working processes which may come to their
  26        CAP. 452. ]               EMPLOYMENT AND INDUSTRIAL RELATIONS
knowledge in the course of their duties;
( c ) shall treat as absolutely confidential the source of any
complaint bringing to their notice a defect or a breach
of the provisions of this Act or of any regulations or
orders thereunder or of any recognised conditions of
employment; and
( d ) shall not in any case give intimation to the employer or
his representative that a visit of inspection was made
as a consequence of the receipt of such a complaint.
(6) Every inspector shall be furnished with a certificate of his
appointment and on applying for admission to any premises or
place for the purpose of this Act, shall, if so required, produce the
said certificate. 
(7)  Any inspector who acts in contravention of the provisions
of subarticle (5), shall, in addition to any other punishment to
which he may be liable, be also liable to dismissal  ipso facto  from
his employment with the Government.
(8) A person shall not -
( a ) omit to answer or answer falsely or cause any other
person not to answer or to answer falsely to any
question which an inspector is authorised to ask under
this Act; or
( b ) fail to produce any books, registers or other documents
which, pursuant to subarticle (2)( b )(ii), he is required
by an inspector to produce; or
( c ) directly or indirectly prevent any person from
appearing before or being questioned by an inspector,
or attempt so to do; or
( d ) obstruct in any manner an inspector in the performance
of his duties under this Act:
Provided that no person shall be required under paragraph
( a ) to answer any question which may incriminate him.
Criminal 
proceedings.
44.  (1) In criminal proceedings instituted by the Police before
the Court of Magistrates for an offence against the provisions of
this Act, the Director or any officer of his department deputed by
him may, notwithstanding the provisions of any law to the contrary,
lay the charge before the court, produce the evidence, plead and
otherwise conduct the prosecution instead of the Police.
(2)  The sworn statement of any officer mentioned in the last
preceding subarticle to the effect that he has been deputed by the
Director for the purpose therein stated, shall be conclusive
evidence of such fact, should the proof thereof be required by the
accused.
(3)  The Director or the officer deputed by him may,
nevertheless, be produced as a witness, but should his evidence be
required as part of the case for the prosecution, he shall be heard in
evidence before assuming the duties of prosecuting officer (other
than that of stating the facts constituting the offence) unless the
            EMPLOYMENT AND INDUSTRIAL RELATIONS       [ CAP. 452.        27
necessity of his evidence arises subsequently.
Penalties.
any recognised conditions of employment prescribed by a national
standard order or by a sectoral regulation order or collective
agreement, or with any provisions of this Act or any regulations
made thereunder shall, unless a different penalty is established for
such offence, on conviction be liable to a fine ( multa ) of not less
than one hundred liri (Lm 100) and not exceeding one thousand liri
(Lm 1000).
(2)  Where any employer is convicted of -
( a ) having failed to pay wages at not less than the rate
applicable in accordance with a recognised condition
of employment as defined in Part III of this Act or with
a contract of service whichever shall be the higher, or
( b ) having made any illegal deduction or inflicted any fine
other than those specifically permitted by article 19, or
( c ) having failed to make payment of any bonus payable
under article 23, or any other payment due by an
employer to any employee under this Act or under any
order made thereunder, or
( d ) having withheld any remuneration or any payment in
lieu of notice, or
( e ) having failed to allow paid holidays as provided for or
specified in any national standard order, sectoral
regulation order or contract of service, or
( f ) having failed to effect payment of any moneys due to
an employee under this Act or under any national
standard order or sectoral regulation order or any other
order made under this Act,
the court shall, at the request of the prosecution, besides awarding
the punishment imposed by the preceding subarticles of this article,
order the offender, on proof of the amount, to refund or pay to the
employee or employees concerned, or to the apprentice or
apprentices concerned, as the case may be, the said amount due by
him and, in the case of holidays with pay not allowed, a sum equal
to the pay thereof, and any such order by the court shall be of the
same force and effect and be executable in the same manner as if it
had been given in a civil action duly instituted between the
employee or employees concerned or the apprentice or apprentices
concerned, as the case may be, and the employer:
Provided that nothing in this subarticle shall derogate from
any right of the employee or apprentice, as the case may be, to
recover by any other means any amount due to him.
Cap. 9.
offences under this Act.
Offence by 
partnership, etc.
46.  Where an offence against the provisions of this Act or of
any regulations or orders made thereunder is committed by a
partnership, company, association or other body of persons, every
  28        CAP. 452. ]               EMPLOYMENT AND INDUSTRIAL RELATIONS
person who, at the time of the commission of the offence, was a
director, manager, secretary or other similar officer of such
partnership, company, association or other body of persons or was
purporting to act in any such capacity shall be deemed to be guilty
of that offence 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.
Limitation of 
action.
47.  (1) Proceedings for an offence under this Act or of any
regulations or orders made thereunder may be commenced at any
time within one year from the commission of the offence.
(2) Where the offence relates to the failure by an employer to
pay wages to an employee or failure to allow paid holidays as
required by this Act or by any national standard order or sectoral
regulation order, the offence shall be deemed to be a continuous
offence if the employer had failed to pay the wages due to the
employee regularly over the period of prescription.
PART VII
ADMINISTRATION RELATED TO EMPLOYMENT
Regulations. 48.  (1) The Prime Minister shall have power to prescribe by
regulations the applicability of any article or subarticle of Title I of
this Act to service with the government.
(2) The Minister shall have power to make and when made vary
or repeal regulations for the purpose of carrying out and giving
effect to any of the provisions of this Act.
(3)  Without prejudice to the generality of the power conferred
by subarticle (2), the regulations may -
Cap. 327. 
( a ) prescribe the manner and the circumstances in which
persons who are above compulsory school age, as
defined in the Education Act, and who have not yet
attained the age of 18 years, may be employed,
including the power to designate certain categories or
class of employment as prohibited employment for
such persons;
( b ) prescribe the procedure to be adopted by the
Employment Relations Board, including the method of
voting and of filling casual vacancies in membership,
the method of and the quorum necessary for the
transaction of business;
( c ) prescribe fees to be levied with respect to any matter
required or allowed under this Act;
( d ) prescribe or otherwise provide for any matter which is
to be or may be prescribed or provided for by this Act
or by regulations made thereunder.
(4) Any regulation made under this Act may provide for any
matter relating to liability for the observance of such regulations,
and the persons who may be liable, and for any matter relating to
the enforcement of the said regulations, including, but not limited
to, the imposition of a fine ( multa ) not exceeding five thousand liri
            EMPLOYMENT AND INDUSTRIAL RELATIONS       [ CAP. 452.        29
(Lm 5000) in respect of any contravention of, or failure to comply
with, the provisions of such regulations.
TITLE II
INDUSTRIAL RELATIONS
PART I
ORGANIZATION OF WORKERS AND EMPLOYERS
Sub-Part 1
Status, registration and conduct of trade unions 
and employers’ Associations
Status of trade 
unions and 
employers’ 
associations.
49. (1) A trade union and an employers’ association shall, for
all purposes of law, be treated as an association of persons and not
as a body corporate, but -
( a ) it shall be capable of making contracts;
( b ) all property belonging to the union or association shall
vest in the union or association, but all powers,
whether of disposal, administration or otherwise, in
relation to such property shall be exercisable by or by
the authority of the body of persons, by whatever name
called, entrusted by the rules of the union or
association with the conduct and management of its
business;
( c ) it shall be capable of suing and, subject to the
provisions of this Act, of being sued, whether in
proceedings relating to property or founded on
contract, tort or quasi-tort, or any other cause of action
whatsoever;
Cap. 249.
( d ) proceedings in respect of any offence alleged to have
been committed by it or on its behalf may be brought
against any of its officers or other officials as provided
in article 13 of the Interpretation Act;
( e ) any judgement or order made in any proceedings shall
be enforceable against any property of the union or
association.
(2) The purposes of any trade union or employers’ association
shall not, by reason only that they are in restraint of trade, be
unlawful so as -
( a ) to make any member of the union or association liable
to criminal proceedings; or
( b ) to make any agreement void or voidable, nor shall any
such rule of a trade union or employers’ association be
unlawful or unenforceable by reason only that it is in
restraint of trade.
Rules of trade 
unions and 
employers’ 
associations.
50.  (1)  The rules of every trade union and of every employers’
association shall contain provisions in respect of the matters
mentioned in the following subarticles of this article.
(2) The rules shall -
  30        CAP. 452. ]               EMPLOYMENT AND INDUSTRIAL RELATIONS
( a ) specify the name of the trade union or employers’
association, the address of its principal office and the
objects for which it is established;
( b ) make provision as to the purposes for which, and the
manners in which, any property or funds of the union
or association are authorised to be applied or invested;
( c ) if any financial benefits are to be available for
members of the trade union or of the employers’
association out of its property or funds, make
provision as to the amounts of those benefits and the
circumstances in which they are to be available to
members;
( d ) specify the offences for which the union or association
may under the rules expel a member or take other
disciplinary action, the penalties applicable for each of
those offences, and the procedure for the hearing of
cases in which offences against the rules are alleged;
( e ) make provision for the election of a governing body
and for its re-election at reasonable intervals, for the
election or appointment of officers of the union or
association and other officials, and for the manner in
which the governing body, officers and other officials
can be removed from office;
( f ) make provision for the keeping of full and accurate
accounts by the union or association, for the
appointment of auditors and for the annual auditing of
the accounts;
( g ) make provision for the inspection of the books and
names of members of the union or association by every
person having an interest in the funds of the union or
association;
( h ) specify the manner in which any rules of the union or
association can be made, altered or revoked, and the
circumstances and manner in which the union or
association can be dissolved.
(3) Every trade union and every employers’ association shall at
the request of any person supply him with a copy of the rules, as in
force at the date of the request, either free of charge or on payment
of a fee as may be prescribed.
Trade unions and 
employers’ 
associations not to 
carry on business 
unless registered.
51.  (1)  A trade union or an employers’ association, and any
member, officer or other official thereof, shall not perform any act
in furtherance of any of the purposes for which it is formed unless
such union or association has first been registered.
(2) Any trade union or employers’ association, and any
member, officer or other official thereof, who contravenes the
provisions of subarticle (1) shall be guilty of an offence and shall
be liable on conviction to a fine ( multa ) not exceeding five hundred
liri (Lm 500).
            EMPLOYMENT AND INDUSTRIAL RELATIONS       [ CAP. 452.        31
Registrar of Trade 
Unions.
52.  (1)  For the purposes of this Act, a public officer shall be
appointed as, or designated to perform the functions of, Registrar
of Trade Unions.
(2)  The Registrar shall perform the functions and duties
conferred on him by this Act, and for the purpose of the exercise of
those functions and of the performance of those duties he shall have
power to require any person to give him any relevant information
and to produce to him any relevant document, and may also
administer oaths.
Registration of 
trade unions and 
employers’ 
associations.
53.  (1)  Any seven or more members of a trade union or of an
employers’ association may, by subscribing their names to the rules
of the union or association, and otherwise complying with the
provisions of this Act relating to registration, register the union or
association under this Act:
Provided that if any of the purposes of a trade union or of
an employers’ association is unlawful the registration of such union
or association shall be void.
(2) In determining the number of the members of a trade union
for any of the purposes of this Act no account shall be taken of any
individual who has not attained the age of sixteen years or who
does not reside in Malta; and in determining the number of the
members of an employers’ association no account shall be taken of
any person with whom or for whom no individual has entered into
or works under a contract of employment for service in Malta.
Provisions with 
respect to 
registration.
54.  (1)  Every trade union and every employers’ association
shall be registered in accordance with the provisions of this Act.
(2)  Without prejudice to any other provision of this Act
relating to registration, the following provisions shall have effect
with respect to the registration of trade unions and employers’
associations under this Act, that is to say -
( a )  an application to register the union or association and
its rules shall be forwarded or produced to the
Registrar together with two printed copies of the rules
and with a list of the names of the officials of the
union or association in which there shall also be shown
their respective offices;
( b ) no trade union or employers’ association shall be
registered under a name identical with that by which
another union or association is for the time being
registered under this Act, or so nearly resembling any
such name as to be likely to deceive the public;
( c )  if the Registrar is satisfied that the union or
association have complied with the provisions of this
Act relating to registration, or if the Court of Appeal
has so directed under article 55, he shall register the
union or association, as the case may be, and its rules;
( d )  upon registering a trade union or an employers’
association, the Registrar shall issue a certificate of
registration.
  32        CAP. 452. ]               EMPLOYMENT AND INDUSTRIAL RELATIONS
(3)  Every alteration of the rules of a registered trade union or
employers’ association shall be registered with the Registrar, and
any such alteration shall not take effect except from the date of its
registration or from such later date as may be specified in the rules.
(4)  The rules of any registered trade union or employers’
association shall not be so altered as to cease to satisfy or comply
with the provision of this Act applicable thereto; and the Registrar
shall not register any rules, or alteration to the rules, which
contravene the foregoing provisions of this article.
Refusal or 
cancellation of 
registration.
55.  (1)  If the Registrar is satisfied that -
( a ) the applicants for registration have not been duly
authorised to apply for registration; or
( b ) any of the purposes of the trade union or employers’
association is unlawful; or
( c ) the application for registration or the rules of the union
or association are not in conformity with the
provisions of this Act,
he shall refuse registration.
(2)  It shall be lawful for the Registrar to cancel the registration
of any trade union or employers’ association -
( a ) at the request of the union or association, to be
evidenced in such manner as he may require;
( b ) on proof to his satisfaction that a certificate of
registration has been obtained by fraud or mistake, or
that the registration was void, or that the union or
association has wilfully contravened any of the
provisions of this Act;
( c ) if, for any reason, the rules of the union or association
are not in conformity with the provisions of this Act;
( d ) if he is satisfied that the union or association has
ceased to exist;
( e ) if he is satisfied that the membership of the union or
association has been reduced to less than seven
members calculated as provided in article 53(2).
(3)  Where the Registrar refuses to register a trade union or an
employers’ association, he shall forthwith inform the applicants in
writing of the refusal and of the grounds thereof.
(4)  Where the Registrar proposes to cancel the registration of a
trade union or of an employers’ association, he shall give notice of
the proposed cancellation to the union or association specifying the
reason therefor; and the registration shall not be cancelled before
the expiration of two months from the giving of such notice, nor
shall the registration be cancelled if, prior to the cancellation, the
union or association has remedied any default or otherwise taken
steps to avoid cancellation. If notwithstanding any representations
made, or other steps taken, by the union or association, the
Registrar decides that he ought to cancel the registration, he shall
            EMPLOYMENT AND INDUSTRIAL RELATIONS       [ CAP. 452.        33
inform the union or association in writing of his decision:
Provided that, where the union or association has ceased to
exist, the Registrar may cancel the registration without complying
with any of the provisions of this subarticle and give notice of the
cancellation in the Gazette.
(5)  From any refusal by the Registrar to register a trade union
or an employers’ association and from any decision by him to
cancel any such registration, an appeal shall lie to the Court of
Appeal by application made not later than seven days from the
communication by him of his refusal or decision as required by this
article. On any such appeal the court may make such orders as it
may deem proper, including a direction as to the costs of appeal;
and any such order of the court shall be final.
Cap. 12.
Organization and Civil Procedure may make rules governing such
appeals, providing for the method of giving evidence, prescribing
the procedure to be followed, the manner of notifying the Registrar
of the appeal and generally providing for such other matter as the
court may deem necessary or expedient.
(7)  The Minister responsible for justice may by regulations
under this subarticle establish the fees payable in the registry of the
court for the filing of judicial acts in connection with appeals under
this article:
Provided that until such fees are so established by the
Minister, the fees established in Schedule A to the Code of
Organization and Civil Procedure shall apply.
(8) The Registrar shall be entitled to be heard on any such
appeal and shall be given the opportunity to do so.
Register of trade 
unions and 
employers’ 
associations.
56.  (1)  The Registrar shall keep a register of all trade unions
and employers’ associations registered under this Act, showing the
names of such unions and associations and such other particulars as
the Registrar may deem appropriate.
(2) The register of trade unions and employers’ associations
shall be open to inspection by any person free of charge at all
reasonable times.
Register of 
members to be kept 
by trade unions and 
employers’ 
associations.
57.  (1) Every trade union and every employers’ association
shall keep an up-to-date record of the names of the members of the
union or association, as the case may be, showing their respective
date of membership, identity card numbers, addresses and trades or
occupations.
(2)  The Registrar shall have power at any time to inspect such
records or to cause such records to be inspected by a person
authorised by him in that behalf, and every trade union and every
employers’ association shall give him and any other person
authorised as aforesaid all reasonable facilities for that purpose.
Annual returns. 
of July in every year, the Registrar shall by notice in the Gazette,
  34        CAP. 452. ]               EMPLOYMENT AND INDUSTRIAL RELATIONS
call upon and require all registered trade unions and employers’
associations to transmit to him, in such form or format as he may
require -
( a ) a list of the names of the officers of the union or
association, showing also the office held by each of
them;
( b ) a declaration that the names of members and other
particulars shown in the record required to be kept by
article 57 have been brought up-to-date and that the
necessary alterations have been made to the said
record for that purpose;
( c ) a statement of the receipts, funds and expenditure of
the union or association in respect of the preceding
year;
( d ) a copy of the annual report showing the activities of
the union or association during the preceding year or,
if no such report has been made, a statement signed by
the secretary of the union or association showing the
said activities during that year,
and every trade union and every employers’ association shall
comply with such requirement, within fifteen days from the
publication of the notice in the Gazette as aforementioned.
Accounting 
records.
59.  (1) Every trade union and every employers’ association
shall -
( a ) cause to be kept proper accounting records with
respect to its transactions and its assets and liabilities,
that is to say such records as are necessary to give a
true and fair view of the state of affairs of the union or
association and to explain its transactions; and
( b ) establish and maintain a satisfactory system of control
of its accounting records, its cash holdings and all its
receipts and remittances.
(2) Every trade union and every employers’ association shall
appoint an auditor or auditors having the qualifications required by
this article to audit its accounts; and every trade union or
employers’ association which has been in existence for more than
twelve months shall once at least in every calendar year cause such
accounts to be prepared and audited by such auditor or auditors as
aforesaid.
(3) Every trade union and every employers’ association shall,
not later than one month from the auditing of the accounts, transmit
a copy of such accounts to the Registrar.
(4)  Every trade union and every employers’ association shall at
the request of any of its members supply him with a copy of its
most recent audited accounts either free of charge or on payment of
a fee as may be prescribed.
            EMPLOYMENT AND INDUSTRIAL RELATIONS       [ CAP. 452.        35
Cap.386.
(5) A person shall be qualified to audit the accounts of a trade
union or of an employers’ association if he is qualified to audit the
accounts of a company in accordance with the provisions of the
Companies Act.
Report by 
Registrar.
60.  (1) In the month of August of each year the Registrar shall
make out and send to the Minister a report on the working of this
Part of this Act. The report shall include a list of all registered trade
unions and employers’ associations and a statement as to the
inspections carried out by the Registrar under article 57.
(2)  The Minister shall cause the report to be published in the
Gazette.
Rules with respect 
to registration.
61. The Minister may make rules with respect to the
registration of trade unions and employers’ associations and in
particular, but without prejudice to the generality of the foregoing,
with respect to - 
( a ) the seal, if any, to be used by the Registrar for the
purposes of registration;
( b ) the forms to be used for such registration and for any
application therefor;
( c ) the inspection of registers and documents kept by the
Registrar and the making of copies of any entries
therein;
( d ) the fees to be charged for registration, for the
inspection of any register or other document, for any
copies made out of any entries or documents, and for
any other service provided or other matter prescribed
or permitted by this Act; 
( e ) generally for carrying into effect the provisions of this
Part of this Act.
Offences against 
articles 57, 58 and 
59.
62.  (1) If a trade union or an employers’ association refuses or
wilfully neglects to perform a duty imposed on it by or under any of
the provisions of article 57, 58 or 59, the trade union or employers’
association shall be guilty of an offence and shall be liable on
conviction to a fine  (multa)  not exceeding five hundred liri (Lm
500).
(2)  Any person who wilfully alters or causes to be altered a
document which is required for the purposes of the provisions of
article 57, 58 or 59, with intent to falsify the document or to enable
a trade union or employers’ association to evade any of those
provisions, shall be guilty of an offence and shall be liable on
conviction to imprisonment for a period not exceeding one year or
to a fine  (multa ) of one thousand liri (Lm 1000) or to both such
imprisonment and fine.
  36        CAP. 452. ]               EMPLOYMENT AND INDUSTRIAL RELATIONS
Sub-Part 2
Restrictions on legal liability and proceedings and on union 
membership
Immunity of trade 
unions and 
employers’ 
associations to 
actions in tort.
63.  (1) Subject to the provisions of subarticle (2) of this
article, no action in tort or quasi-tort shall lie in respect of any act -
( a ) alleged to have been done by or on behalf of a trade
union or by or on behalf of an employers’ association;
or
( b ) alleged to be threatened or to be intended to be done as
aforesaid,
against the union or association in its own name, or against any
members, officers or officials of the union or association on behalf
of themselves and all other members of the union or association.
(2)  subarticle (1) of this article shall not affect the liability of a
trade union or of an employers’ association to be sued in respect of
the following, if not arising from any act done in contemplation or
furtherance of a trade dispute, that is to say -
( a ) any negligence, nuisance or breach of duty, (whether
imposed on them by any rule of law or by or under any
enactment) resulting in personal injury to any person;
or
( b ) without prejudice to paragraph ( a ), breach of any duty
so imposed in connection with the ownership,
possession, control or use of property, whether
movable or immovable.
Acts in 
contemplation or 
furtherance of 
trade disputes.
64.  (1) An act done by a person in contemplation or
furtherance of a trade dispute shall not be actionable in tort or
quasi-tort on the grounds only -
( a ) that it induces another person to break a contract of
employment; or
( b ) that it consists in his threatening that a contract of
employment (whether one to which he is a party or
not) will be broken or that he will induce another
person to break a contract of employment to which that
other person is a party; or
( c ) that it is an interference with the trade, business or
employment of another person, or with the right of
another person to dispose of his capital or his labour as
he wills.
(2)  An act which by reason of subarticle (1) is itself not
actionable, and a breach of contract in contemplation or furtherance
of a trade dispute, shall not be regarded as the doing of an unlawful
act or as the use of unlawful means for the purposes of establishing
liability in tort or quasi-tort.
(3)  An agreement or combination by two or more persons to do
or procure the doing of any act in contemplation or furtherance of a
trade dispute shall not be actionable in tort or quasi-tort if the act is
            EMPLOYMENT AND INDUSTRIAL RELATIONS       [ CAP. 452.        37
one which, if done without any such agreement or combination,
would not be actionable in tort or quasi-tort.
(4)  An act done by a person in contemplation or furtherance of
a trade dispute and in pursuance of a directive issued by a trade
union, whether he belongs to it or not, shall not be actionable in
damages on the ground only that it consists in a breach of a contract
of employment; and any act done as aforesaid, not being an act in
breach of a collective agreement, or of a settlement, decision or
agreement which is still binding in accordance with the provisions
of article 70 or 72, or of a decision or award of the Tribunal, shall
not by itself entitle the employer to terminate the contract of
employment of, or discriminate against, any person doing any such
act as aforesaid, and shall not constitute a break in the service of
such person.
Cap. 9.
not apply to any agreement or combination by two or more persons
to do or procure the doing of any act in contemplation or
furtherance of a trade dispute.
(6) Subarticle (4) of this article shall not apply to:
( a ) persons employed as Air Traffic Controllers at the
Malta International Airport and in the Airport Fire
Fighting Section of the said airport;
Cap. 411.
( b ) members of the Assistance and Rescue Force
established by virtue of article 8 of the Civil Protection
Act;
( c ) persons employed to provide pilotage and mooring,
tug services, fire fighting, medical health services and
pollution combating services as may be required in
cases of port emergency;
( d ) such minimum number of persons needed to guarantee
that life is not endangered through the non import or
discharge into Malta of wheat, grain, domestic gas,
aviation fuel, diesel and petrol and oil fuel for the
operation of air transport facilities and power
generation and water facilities, as agreed upon by their
respective employer and the recognised trade union or
in default of such agreement, as shall be decided by
the appropriate controlling body or in the absence of
such body, the Industrial Tribunal;
( e ) such minimum number of persons as may be required
to guarantee the combined production, provision and
distribution of water and electricity, as agreed upon by
their respective employer and the recognised trade
union or in default of such agreement, as shall be
decided by the Industrial Tribunal;
( f ) such number of persons as may be required to maintain
the continued and uninterrupted services listed in the
Schedule to this Act and required to be manned at all
times for the continued provision by the Government
of essential services to the community:
  38        CAP. 452. ]               EMPLOYMENT AND INDUSTRIAL RELATIONS
Provided that, for the purposes of subparagraphs ( d ) and ( e )
if no agreement is reached as aforesaid within a period of one
month from the date of coming into force of this Act, the matter
shall be referred to the appropriate controlling body or Industrial
Tribunal, as the case may be, at the request of any one of the
parties.
(7)  Where the number of public officers holding or employed
in any of the offices aforesaid is greater than the number indicated
in the said Schedule as essentially required, subarticle (6) shall
apply only to the more senior among those officers who together
make up that number (excluding only any of them who are on leave
authorised expressly for the purposes of this subarticle, and only
while they are so on leave), seniority being determined by any
seniority inherent in the office itself or, in the absence of such
seniority, by the length of the officers’ service in the office held by
them or in which they are employed at the relevant time, and in
cases of equal lengths of service by the age of the officers having
the same length of service.
(8)  Any public officer to whom, by virtue of subarticles (6) and
(7), subarticle (4) does not apply, shall have his service with the
Government terminated forthwith if, in contemplation or
furtherance of a trade dispute or of any other action taken by two or
more public officers or other workers (whether or not in pursuance
of a directive issued by a trade union), or in support thereof or in
sympathy therewith, such officer refuses or otherwise fails to carry
out those duties that are necessary for the continued provision of
the essential service, in accordance with this Act and with the terms
of service or conditions of employment and under the direction of
the competent authorities of the Government.
(9)  The Schedule to this Act may be altered, added to or
otherwise amended -
( a )  by a resolution of the House of Representatives; or
( b )  by the Prime Minister by order in the Gazette:
Provided that an order as aforesaid may not increase the
total number of officers in Category A to more than forty-five (45);
in Category B to more than one hundred (100) and in Category C to
more than two hundred and twenty-five (225).
Peaceful picketing.  65.  It shall be lawful for one or more persons in contemplation
or furtherance of a trade dispute to attend at or near -
( a ) a place where another person works or carries on
business; or
( b ) any other place where another person happens to be,
not being a place where he resides,
for the purpose only of peacefully obtaining or communicating
information, or peacefully persuading any person to work or
abstain from working.
Use or threats of 
violence. 
66.  Any person who, for the purpose of compelling any other
person to abstain from doing or to do any act which such other
            EMPLOYMENT AND INDUSTRIAL RELATIONS       [ CAP. 452.        39
person has a legal right to do or to abstain from doing, wrongfully
and without legal authority -
( a ) uses or threatens to use violence against such person,
or the wife, husband or child of such person, or a
member of his household, or causes or threatens to
cause damage to his property;
( b ) persistently follows such other person from place to
place;
( c ) watches or besets the house or other place where such
other person resides or the approaches to such house or
place;
( d ) deprives such person, or in any manner hinders him in
the use of, any tools, clothing or other property owned
or used by such other person,
shall be guilty of an offence and be liable on conviction to
imprisonment for a period not exceeding three months or to a fine
(mult a) not exceeding five hundred liri (Lm500) or to both such
imprisonment and fine, without prejudice to any heavier
punishment to which the offence may be liable under any other
enactment.
Restriction on 
union membership.
67.  (1) The holder of an office in the public service declared
by the Prime Minister to be an office the holder whereof may not be
a member of a trade union in respect of which he may be required
to represent or advise the Government in industrial relations with
the union or unions representing its employees, shall not become,
and if he is shall cease to be, a member of that trade union; and the
provisions of this subarticle shall be an implied term of his terms of
service with the Government.
(2) Subject to the provisions of subarticle (3), in respect of a
person employed in such managerial or executive post, in any
corporation or other body established by law or in any company or
other partnership or in any other body having a distinct legal
personality (hereinafter referred to as a "corporate employer"), as
will require the holder of that position to represent or advise the
corporate employer in its relations with the union or unions
representing its other employees or any part thereof, it shall be an
implied term of the contract of employment of such person that he
shall not, while occupying such position, be a member of any of the
trade unions aforesaid.
(3) subarticle (2) shall apply only to such posts, being:
( a ) not more than three in the case of a corporate employer
employing not more than two hundred persons;
( b ) not more than seven in the case of a corporate
employer employing more than two hundred
employees,
as such employer shall have indicated in writing to the trade union
of which the holder of the said posts may not be a member.
  40        CAP. 452. ]               EMPLOYMENT AND INDUSTRIAL RELATIONS
PART II
VOLUNTARY SETTLEMENT OF DISPUTES
Conciliation Panel. 68.  The Minister shall appoint a Conciliation panel composed
of not less than five persons to serve as conciliators in trade
disputes as may be referred to them from time to time, so however
that:
( a ) the panel shall be composed of such persons appointed
by the Minister after consultation with the Malta
Council for Economic and Social Development;
( b ) the appointment shall be for a period of two years;
( c ) during the term of the appointment, the Minister may
substitute members or fill in vacancies whenever
necessary, after consultation with the Malta Council
for Economic and Social Development:
Provided that no person as is mentioned in article 73(3),
shall be nominated or appointed on the Conciliation panel.
Powers of the 
Minister for 
promoting 
conciliation and 
preventing 
disputes.
69.  (1)  Where a trade dispute exists or is apprehended, the
parties to the dispute may agree to refer the dispute to -
( a )  the Director, or
( b )  a conciliator who may be chosen -
(i) either by the same parties to the dispute in
agreement between them; 
(ii) or, if there is no such agreement, by the Director
from amongst the Conciliation panel established
by virtue of article 68:
Provided that nothing shall preclude the Director or his
delegate from inviting the parties to the dispute to attend
conciliation meetings.
(2) The functions of the conciliator appointed in accordance
with subarticle (1) shall be -
( a ) to communicate with the parties to the trade dispute
immediately on the referral;
( b ) to organise and preside conciliation meetings between
the parties as may be necessary in order to resolve the
trade dispute;
( c ) to consider the causes and circumstances of the trade
dispute; 
( d ) to endeavour to bring about an amicable settlement of
the dispute as expeditiously as possible; and
( e ) to make such recommendations as the conciliator may
deem fit in order to resolve the trade dispute.
(3)  Where a trade dispute exists or is apprehended and the
parties fail to nominate or to agree on the appointment of a
conciliator in accordance with subarticle (1), or where an appointed
Conciliator reports a deadlock, the Director shall refer the matter to
            EMPLOYMENT AND INDUSTRIAL RELATIONS       [ CAP. 452.        41
the Minister and copy such referral to the parties to the dispute.
(4) Where a trade dispute is referred to the Minister in
accordance with the last preceding subarticle, the Minister may, if
he thinks fit: 
( a )  appoint a court of inquiry to inquire into and establish
the causes and circumstances of the dispute;
( b )  on an application by both parties to the dispute, refer
such trade dispute to the Industrial Tribunal.
Cap. 12.
(5)  A court of inquiry shall have the same powers as are by the
Code of Organization and Civil Procedure conferred on a superior
court, except that it shall not have the power to order the detention
of any person, and without prejudice to the generality of the
aforesaid, a court of inquiry may summon witnesses and administer
the oath, appoint assessors, and require any person who appears to
it to have special knowledge of the matter of the inquiry to furnish,
in writing or otherwise, and to confirm on oath, such opinion and
such particular relating to that matter as the court may require.
Where the court consists of more than one person, the oath shall be
administered by the Chairperson.
Voluntary 
settlements.
70 .  If a settlement of a trade dispute (being a settlement not
inconsistent with any enactment, or other instrument having the
force of law, regulating wages and other terms and conditions of
employment) is reached as a result of measures taken under article
69, and a memorandum of the terms of that settlement has been
drawn up in writing and has been signed by the parties or their
representatives and a copy thereof, together with a declaration that
is a settlement for the purposes of this article signed as aforesaid,
has been delivered to the Minister -
( a ) it shall not be open to any of the parties to seek by
unilateral action a revision of the terms of the
settlement before the expiration of at least one year
from the date of that settlement; and 
( b ) any such settlement shall be binding on the parties to
it, on the workers represented in the dispute and the
workers affected by it and shall be binding on any
successor in title of any one of the parties to the
dispute.
Regulations.
following purposes -
( a ) for regulating the procedures to be followed by the
Conciliation Panel and by the conciliators appointed
on the panel;
( b ) for regulating the composition and procedure of courts
of inquiry.
Negotiating 
machinery for 
public officers.
72.   (1)  There is hereby established a Joint Negotiating
Council as a special negotiating machinery with respect to trade
disputes concerning the conditions of work of persons providing
the services listed in article 64(6):
  42        CAP. 452. ]               EMPLOYMENT AND INDUSTRIAL RELATIONS
Provided that the Council and any other negotiating
machinery established by or under this article, shall not in any way
deal with or encroach on any matter falling within the functions of
the Public Service Commission.
(2)  The Council shall consist of not more than four members
representing the Government, and not more than four members
representing the trade union having as its members the largest
number of persons providing the essential service in the relevant
section or area involved in the dispute:
Provided that the members appointed by the recognised
trade union in accordance with the provisions of this subarticle,
shall be so appointed by the union concurrently with the official
registration of a trade dispute and shall be signified in writing by
letter addressed to the Permanent Secretary in the Office of the
Prime Minister:
Provided further that, in accordance with the preceding
proviso, the composition of the Council may vary if there is more
than one dispute that has been referred to the Council and such
disputes are separate and are made by a different trade union as
specified in the first paragraph of this subarticle.
(3)  Saving what is provided in subarticle (4), the decisions of
the Council shall only be taken by a unanimous vote. Any decision
so taken or agreement so reached shall be binding on the
Government and on all public officers to whom that decision or
agreement applies.
(4) Where in respect of any trade dispute falling within the
functions of the Council an agreement acceptable to all the
members cannot be reached, and the Chairperson of the Council
registers disagreement, the Chairperson shall refer the matter to the
Industrial Tribunal within fifteen days of such disagreement being
registered and the Industrial Tribunal shall be bound to reach a
final decision on the trade dispute (including the making of
recommendations) by not later than two months from the referral,
unless in the opinion of the Chairperson of the Industrial Tribunal,
a longer period is necessary for a valid reason which must be stated
and recorded in the proceedings of the Tribunal.
(5)  The Minister may, after consultation with the Council,
make regulations to give fuller effect to the provisions of this
article and to any other relevant provisions of this Act, and in
particular, but without prejudice to the generality of the aforesaid,
such regulations may -
( a ) determine the procedure of the negotiating machinery
established by this article;
( b ) specify in more detail and otherwise determine the
functions, powers and duties of any such machinery
and of any sub-committee or other body thereof, and
of any of their chairpersons or other members;
( c ) provide for any matter connected with or ancillary to
any of the foregoing matters.
            EMPLOYMENT AND INDUSTRIAL RELATIONS       [ CAP. 452.        43
(6)  The provisions of article 70 shall apply to an agreement
reached as provided in subarticle (3) or subarticle (4) as they apply
to a settlement referred to in that article.
PART III
THE INDUSTRIAL TRIBUNAL 
Establishment and 
composition of 
Industrial Tribunal.
73.  (1)  There is hereby established a tribunal to be known as
the Industrial Tribunal.
(2)  The Prime Minister shall appoint a panel of not more than
fifteen persons to act as chairpersons of the Industrial Tribunal,
after consultation with the Malta Council for Economic and Social
Development, so however that -
( a ) at least three of the members so appointed shall be
persons who are advocates of at least seven years
experience;
( b ) such persons shall be appointed for a period that does
not exceed three years from the date of their
appointment and may be re-appointed for further
periods each of not more than three years;
( c ) such persons shall serve as chairpersons either in turn
or in accordance with such distribution of duties and
subject to such provisions as to inability to serve and
other circumstances, as may be prescribed by the
Minister.
(3) Save as is provided in subarticle (4), the Industrial Tribunal
shall consist of -
( a ) a Chairperson chosen in accordance with the
provisions of subarticle (2); and
( b ) two other members of the Tribunal who shall be
selected by the Chairperson of the Tribunal to
represent, so far as may be equally, the interests in
dispute, from two panels of persons appointed by the
Minister to serve as members of the Tribunal as
occasion may require, one panel consisting of persons
nominated by trade unions represented on the Malta
Council for Economic and Social Development and the
other panel consisting of persons nominated by
employers’ associations and other organisations
representing employers represented on the Malta
Council for Economic and Social Development:
Provided that if the parties to a trade dispute agree, within
such time as the Chairperson shall fix for the purpose, on the
selection of the two members who are to sit with the Chairperson,
the Chairperson shall make the selection according to that
agreement.
(4) In all cases covered by article 75, the Tribunal shall be
composed of a Chairperson alone provided that in those cases
covered by article 75(1)( b ), the Chairperson shall be one of the
members appointed in accordance with subarticle (2)( a ).
  44        CAP. 452. ]               EMPLOYMENT AND INDUSTRIAL RELATIONS
(5)  In all cases in which the Government, or any body or
company referred to in article 80(3), is a party, the Tribunal shall
be composed of -
( a ) a Chairperson chosen in accordance with the
provisions of subarticle (2);
( b ) a member selected by the Chairperson of the Tribunal
from the panel of persons nominated by trade unions
as prescribed in subarticle (3)( b ); and
( c ) a member representing the government, or other body
or company involved in the trade dispute who shall be
appointed ad hoc by the Minister.
(6)  The Prime Minister may, from time to time, as he shall see
fit and after consultation as provided in subarticle (2), vary the
composition of the panel referred to in that paragraph, but a person
actually serving as Chairperson of the Tribunal shall,
notwithstanding the removal of his name from the panel, continue
so to serve in the proceedings in which he is serving as chairperson
until the conclusion of those proceedings and for the purpose of the
interpretation of any award given therein.
(7)  The Minister may, from time to time, as he shall see fit,
request fresh nominations from the trade unions, associations and
organisations referred to in subarticle (3)( b ), and may vary the
composition of the panels referred to in that subarticle accordingly,
but no person actually serving as a member of the tribunal shall
have his name removed from the panel whilst proceedings in
respect of which he was selected as a member are still pending
before the Tribunal.
Cap. 12.
(8) The Minister shall also designate a public officer to be
Secretary of the Tribunal and may also detail other public officers
to assist the Secretary in the performance of his duties. The
Secretary of the Tribunal shall have  mutatis mutandis  such powers
and duties as are by the Code of Organisation and Civil Procedure
vested in the Registrar of Courts.
(9)  The registry of the Tribunal shall be the Registry of the
Superior Courts; and the records of the Tribunal shall be kept
therein.
Reference to 
Tribunal.
74.  (1) Where steps taken by the Minister under article 68 to
promote an amicable settlement of a trade dispute have not resulted
in a settlement, any of the parties may notify the Minister in writing
accordingly.
(2)  Where all the parties to a trade dispute agree to refer the
dispute to the Industrial Tribunal, they may request the Minister in
writing to refer the dispute to the Tribunal.
(3)  Upon receipt of a notification under subarticle (1) and upon
being satisfied that the notification or request has been received
from a  bona fide  employer or from an employers’ association or
from a trade union representing the interests of the workers
concerned in the dispute, the Minister shall refer the dispute to the
Tribunal for settlement by it; and he shall do so within twenty-one
            EMPLOYMENT AND INDUSTRIAL RELATIONS       [ CAP. 452.        45
days from the date of the notification or request.
(4)  The Minister may refer to the Tribunal for advice, any
matter relating to or arising out of a trade dispute, or trade disputes
generally, or trade disputes of any class, or any other matter which
in his opinion ought to be so referred.
Jurisdiction of the 
Industrial Tribunal.
75.  (1)  Notwithstanding any other law, the Industrial Tribunal
shall have the exclusive jurisdiction to consider and decide -
( a ) all cases of alleged unfair dismissals; and
( b ) all cases falling within the jurisdiction of the Industrial
Tribunal by virtue Title I of this Act or any regulations
prescribed thereunder,
for all purposes other than proceedings in respect of an offence
against any enactment and the remedy of a worker so dismissed or
otherwise alleging a breach of his right under Title I of this Act
shall be by way of reference of the complaint to the Industrial
Tribunal and not otherwise:
Cap. 171.
Cap. 214.
Provided that nothing in this subarticle shall be construed
as affecting the provisions of the Constitution of Malta with respect
to public officers or shall affect the operation of the Port Workers
Ordinance, or of the Public Transport (Regulation of Employment)
Act, and in this article the expression "worker" does not include
public officers or any person to whom the Ordinance or the Act
aforesaid applies.
(2)  Where it is alleged that a worker has been unfairly
dismissed by an employer, or where there is an alleged breach of
any obligation under Title I of this Act or any regulations
prescribed thereunder, the matter shall be referred to the Tribunal
for a decision by it by means of a referral in writing made by the
worker alleging the breach, or by some other person acting in the
name and on behalf of such worker.
(3)  Any referral made in accordance with the last preceding
subarticle shall be made by means of a declaration stating the facts
of the case, presented in the Registry of the Tribunal and shall, in
all cases, be so presented by not later than four months from the
effective date of the alleged breach.
Procedure of the 
Tribunal.
Cap. 12.
76.  (1)  The Chairperson of the Tribunal may be challenged, or
shall abstain, from sitting in any of the circumstances set out in
article 734 of the Code of Organisation and Civil Procedure; and in
any such case the provisions of Sub-Title II of Title II of Book
Third of that Code shall apply in so far as they are applicable and
subject to the other provisions of this Act:
Provided that if all the persons appointed in accordance
with article 73(2) are successfully challenged, the Tribunal shall be
chaired by another person appointed  ad hoc  by the Minister and
who shall not be challenged.
(2)  Any member of the Tribunal other than the Chairperson
may be challenged, or shall abstain, if he has given evidence in any
court of inquiry or before a conciliator concerning the trade dispute
  46        CAP. 452. ]               EMPLOYMENT AND INDUSTRIAL RELATIONS
before the Tribunal, or if any party to the dispute proposes to call
him as a witness; and in any such case, and in the case of any other
lawful impediment of any such member, he shall be replaced by
another person selected by the Chairperson from the appropriate
panel referred to in article 73(3)( b ), or, in any case in which article
73(5)( c ) applies, by another person appointed  ad hoc  by the Prime
Minister.
General powers of 
the Tribunal. 
Cap. 12.
77.  (1) The Tribunal shall have such powers as are, by the
Code of Organisation and Civil Procedure, vested in the Civil
Court, First Hall.
(2)  Without prejudice to the foregoing provision of this article,
the Tribunal shall have the power to summon witnesses and to
administer the oath, to appoint assessors, and to require any person
who appears to it to have special knowledge of any relevant matter,
or of any of the matters to which the trade dispute or complaint
referred to it relates, or of the matter referred to it, to furnish in
writing or otherwise, and to confirm on oath, such opinion and such
particulars relating to that dispute, matter or complaint as the
Tribunal may require, and may authorise any person to administer
the oath for that purpose.
Cap. 108.
(3)  Witnesses shall be paid fees in accordance with the
Witnesses (Fees) Ordinance.
Further provisions 
with respect to the 
Tribunal. 
78.  (1) The Tribunal shall decide any issue referred to it
within a period that does not exceed one month from the date of the
referral, unless in the opinion of the Chairperson, a longer period is
necessary for a valid reason which must be stated and registered in
the proceedings of the Tribunal.
(2)  The case for any party to a dispute may be presented by the
party itself which may choose to be represented or aided by a
person or persons of its trust.
(3)  Subject to the provisions of this Act and to any rules made
or deemed to be made under this article, the Tribunal shall regulate
its own procedure. Whatever the procedure adopted, the Tribunal
shall endeavour to ensure that justice is done according to the
substantive merits of the case; and, subject to the rules of natural
justice, the Tribunal shall reach its conclusions on any matter in
such a manner as it deems appropriate.
(4)  The Tribunal shall hold its sittings in public unless, having
regard to the nature of the dispute or other matter before it, the
Chairperson deems it proper to conduct the proceedings or part
thereof in private.
(5)  Where the members of the Tribunal are more than one and
they are unable to agree as to their award, decision or advice, the
matter shall be decided by the Chairperson acting with full powers
of an umpire.
(6)  The Minister may make rules establishing the procedure to
be followed by and before the Tribunal and otherwise making such
provisions with respect to such proceedings as he may deem
necessary or expedient.
            EMPLOYMENT AND INDUSTRIAL RELATIONS       [ CAP. 452.        47
Fees.
payable to any person representing the parties in proceedings
before the Tribunal.
(2)  The Tribunal shall in its award or decision tax the fees of
the person or persons representing either party in accordance with
the Tariff made under the preceding subarticle.
(3)  No person shall charge fees in excess of those taxed by the
Tribunal or in the absence of such taxation, in excess of the Tariff.
(4)  Any party who is charged fees in excess of any tariff which
is or may be prescribed by law may claim back the excess by a
written request to the Secretary of the Tribunal, who shall
thereupon verify the claim, and if so verified, shall order the person
to whom the excess was paid to refund it to that party.
(5)  If the Tribunal finds that there was gross overcharging it
may order the person so overcharging to pay a penalty not
exceeding one thousand liri to the Secretary, who shall upon
receiving that penalty transmit it to the Consolidated Fund.
Cap.12.
(6) An order for reimbursement made in terms of subarticle (4)
and an order to pay a penalty made in terms of subarticle (5), shall
be an executive title for all intents and purposes of the Code of
Organisation and Civil Procedure and shall be enforceable as such
by the Civil Court, First Hall in the same manner and by the same
means laid down in that Code.
Provisions 
affecting awards 
and decision of 
Tribunal.
80.  (1) In giving any award, decision or advice, the Tribunal
shall take into consideration the social policies of the Government
based on principles of social justice and the requirements of any
national development plan and other economic policies of the
Government in the course of implementation, and shall endeavour
to ensure that its award, decision or advice is in furtherance of any
such policies and plans.
(2)  Where any matter before the Tribunal concerns or relates to
public officers -
( a ) the Tribunal shall ensure that there is no encroachment
on the functions of the Public Service Commission,
and shall abstain from taking cognizance of any matter
which is within the functions of that Commission; and
( b ) any award or decision of the Tribunal shall be subject
to the overriding authority of the House of
Representatives.
(3)  Where the matter before the Tribunal concerns or relates to
persons employed with bodies corporate established by law and
managed by a board or other body appointed by the Government or
to persons employed with companies in which the Government has
a controlling interest, any award or decision of the Tribunal shall
endeavour to establish or maintain due relativity between the terms
and conditions of those employees and the terms and conditions of
public officers.
(4) The Tribunal shall not make any award or decision which is
inconsistent with any enactment, or other instrument having the
  48        CAP. 452. ]               EMPLOYMENT AND INDUSTRIAL RELATIONS
force of law, regulating wages and other terms and conditions of
employment.
Powers of Tribunal 
in cases of 
dismissal.
81.  (1) Where on a complaint for unfair dismissal referred to
the Tribunal under article 75, the Tribunal -
( a ) finds that the grounds of the complaint are well-
founded, and
( b ) on the specific request of the complainant to be
reinstated or re-engaged made in the referral or in the
statement of his case, 
the Tribunal considers that it would be practicable and in accordance
with equity, for the complainant to be reinstated or re-engaged by the
employer,  the Tribunal shall make an order to that effect, stating the
terms on which it considers that it would be reasonable for the
complainant to be so reinstated or re-engaged:
Provided that where the complainant is employed in such
managerial or executive post as requires a special trust in the
person of the holder of that post or in his ability to perform the
duties thereof, the Tribunal shall not order the reinstatement or re-
engagement of the complainant; but where the complainant was
appointed or selected to such post as aforesaid by his fellow
workers the Tribunal may order his reinstatement or re-engagement
in the post held by him before such appointment or selection.
(2)  Where on a complaint made under article 75, the Tribunal
finds that the grounds for the complaint are well-founded -
( a ) in cases of unfair dismissal, if there is no specific
request for reinstatement or re-engagement or the
Tribunal decides not to make an order for
reinstatement or re-engagement as aforesaid, the
Tribunal shall make an award of compensation, to be
paid by the employer to the complainant, in respect of
the dismissal:
Provided that, in determining the amount of such
compensation, the Tribunal shall take into
consideration the real damages and losses incurred by
the worker who was unjustly dismissed, as well as
other circumstances, including the worker’s age and
skills as may affect the employment potential of the
said worker;
( b ) in all other cases, the Tribunal may make such order as
it deems necessary in order to remedy the breach or it
may make an award of compensation to be paid by the
employer to the complainant, or it may award such
compensation and make such orders as it may deem
necessary in order to remedy the breach.
Effects of awards 
or decisions by 
Tribunal.
82.  (1) Any decision or award made by the Tribunal shall be
binding on the parties to it, on the workers represented in the
dispute and the workers affected by it and shall be binding on any
successor in title of any one of the parties to the dispute:
            EMPLOYMENT AND INDUSTRIAL RELATIONS       [ CAP. 452.        49
Provided that it shall not be open to either of the parties to
seek by unilateral action a revision of any award or decision of the
Tribunal before the expiration of at least one year from the date of
such award or decision. 
(2) A decision or award of the Tribunal may be made
retrospective to a date which - 
( a ) in the case of an unfair dismissal, is not earlier than the
date of such dismissal; and 
( b ) in any other case is not earlier than the actual
occurrence of the breach or, if such date is not
determinable, is not earlier than the date on which the
trade dispute to which the decision or award relates
first arose.
Cap. 12.
(3)  In cases of unfair dismissal and in cases falling under the
jurisdiction of the Industrial Tribunal in accordance with article
75(1)(a) and (b), there shall be a right of appeal on a point of law.
Such appeal shall be made by an application to the Court of Appeal
constituted in accordance with article 41(6) of the Code of
Organisation and Civil Procedure. Such application shall be filed
by not later than twelve days from the date of the decision of the
Tribunal:
Provided that when an appeal is lodged to the Court of
Appeal and a plea is entered by either of the parties that the appeal
is null and void because it is not based on a point of law decided by
the Tribunal or that the appeal is null and void at law for any other
reason whatsoever, that appeal shall be referred by the Registrar to
the Court of Appeal for a decree  in camera  on the admissibility or
otherwise of the appeal.
(4)  The enforcement of the awards and decisions of the
Tribunal shall be carried out in the manner prescribed in this Act
and in the Code of Organisation and Civil Procedure, and shall vest
in the Tribunal itself.
Interpretation of 
awards and 
decisions of 
Tribunal. 
83.  (1) If any question arises as to the interpretation of any
award or decision of the Tribunal (other than a decision under this
article), the Minister or any party to the proceedings may apply to
the Tribunal for a decision of such question and the Tribunal shall
decide the matter after hearing the parties or, if the parties have so
agreed, without any such hearing. The decision of the Tribunal
shall be notified to the parties and shall be binding in the same
manner as if it had formed part of the original award.
(2)  For the purposes of this article the membership of the
Tribunal shall be as far as may be reasonably possibly identical to
the membership of the Tribunal when it made the award the
interpretation of which is requested.
(3) If during the hearing of any application made under
subarticle (1), the Tribunal finds that the application is vexatious,
the Tribunal may order the offending party to pay to the other party
a penalty not exceeding two hundred liri (Lm200). Any such
penalty shall be recoverable as a civil debt. 
  50        CAP. 452. ]               EMPLOYMENT AND INDUSTRIAL RELATIONS
TITLE III 
SUPPLEMENTARY PROVISIONS
Application of Act 
to government 
employees.
84 .  (1) Subject to the provisions of Title II of this Act, and
without prejudice to the special provisions therein contained with
respect to public officers, the provisions of Title II of this Act,
other than the provisions of articles 69 and 72 and the provisions
relating to dismissals or termination of employment, shall have
effect in relation to government employment and to workers who
are government employees as they have in relation to other
employment and to other workers. The provisions excluded by this
subarticle shall not apply to government employees.
(2)  In this article "government employment" means
employment under or for the purposes of a government department,
otherwise than as a member of a disciplined force, and
"government employee" means a person who for the time being is
in government employment.
Expenses 
necessary for 
putting Act in 
operation.
85.  All expenses required to put into operation the provisions
of this Act, including the expenses of the Tribunal and of any
council, court of inquiry or of any person appointed by or under
this Act, shall be a charge on and be paid out of the Consolidated
Fund.
Savings.
Cap. 135.
Cap. 266.
86.  All regulations, orders and subsidiary legislation made
under or kept in force by the Conditions of Employment
(Regulation) Act (repealed by this Act * ) and by the Industrial
Relations Act (repealed by this Act † ) and any National Standard
Order and Wages Council Wage Regulation Order in force on the
date on which this Act comes into effect, shall continue in force
thereafter and shall have effect thereafter as if made under this Act,
and may be amended or repealed accordingly.
*Article 18(1), (2), (3) and (4) of the Conditions of Employment (Regulation) Act, in
relation to entitlement to maternity leave, which is to continue to be regulated by the
Conditions of Employment (Regulation) Act, is still in force. 
†All cases which immediately before the coming into force of the Employment and
Industrial Relations Act were pending before the Industrial Tribunal, as constituted
under the Industrial Relations Act, shall continue to be regulated by the said Industrial
Relations Act.
            EMPLOYMENT AND INDUSTRIAL RELATIONS       [ CAP. 452.        51
SCHEDULE
(Article 64(6))
List and number of offices required to be manned at all times for the continued 
provision by the Government of essential services to the community.
Offices Number
CATEGORY A
ADMINISTRATIVE SERVICES
Director General (Health)
Administrative Director responsible for
Pharmaceutical Services
Administrative Director responsible for Hospitals
Administrative Director responsible for Public
Health
Administrative Director responsible for Primary
Health Care
Consultants in Administrative Posts ......................... 3
Principal Medical Officers ....................................... 3
Port/Airport Medical Officers .................................. 2
CLINICAL SERVICES IN MALTA
Consultants
All Directors and Clinical Chairpersons (with
respect to administrative duties and responsibilities
to ensure the effective running of their respective
departments) ........................................................... 12
Medical Administrator – Gozo General Hospital ...... 1
Manager Nursing Services
St. Luke’s Hospital
Mount Carmel Hospital
Boffa Hospital
Gozo General Hospital
St. Vincent De Paule
Manager Midwifery services
Manager Radiography
Manager Physiotherapy
Manager Laboratory Services
CATEGORY B - DOCTORS
For the purposes of this category, the term "on call" shall mean that the person
may be contacted by phone, pager or otherwise and is expected to exercise
clinical judgement and the term "resident" shall mean present on site in the
hospital to deliver emergency services; the term "by day" shall mean from 8.00
am to 10.30 pm and the term "by night" shall mean from 10.30 pm to 8.00am.
Accident and Emergency Department
On Call ................................................................... 1 Consultant
  52        CAP. 452. ]               EMPLOYMENT AND INDUSTRIAL RELATIONS
Resident by day ....................................................... 6 Senior Registrar/
Registrar/SHO/MO/HM
Resident by night .................................................... 4 Senior Registrar/
Registrar/SHO/MO/HM
Medicine
Consultants On Call ................................................ 1 Gastroenterology
1 Diabetology
1 Neurology
1 Nephrology
1 Haematology
1 Respiratory
1 Cardiology
1 Infectious Disease
Resident .................................................................. 2 Senior Registrars
2 Registrar/SHO
3 Housemen
Surgery
Consultants On Call ................................................ 1 Orthopaedic Surgery
1 ENT
1 Ophthalmology
1 Cardio Thoracic
1 Urology
1 Plastic Surgery
1 Neuro Surgery
1 Vascular/Transplant 
Surgery
Resident .................................................................. 2 Senior Registrars
1 Sen. Reg. Osthopaedics
2 Reg/SMO Gen Surgery
1 Reg/SHO Orthopaedics
1 Reg/SHO Ophthalmology
1 Reg/SHO Cardiothoracic
1 Reg/SHO Urology
1 Reg/SHO ENT
4 Housemen
Paediatrics
Consultants On Call ................................................ 1 Consultant Paediatrician
1 Paediatric Surgeon
1 Paediatric Cardiologist
1 Paediatric Oncologist
Resident .................................................................. 1 Senior Registrar
3 Reg/SHO/Houseman
Offices Number
            EMPLOYMENT AND INDUSTRIAL RELATIONS       [ CAP. 452.        53
Obstetrics and Gynaecology
Consultants On Call ................................................ 1 Consultant Obstetrician
Resident .................................................................. 1 Senior Registrars
2 Reg/SHO
2 Housemen
Anaesthesia
Consultants On Call ................................................ 3 Consultant Anaesthetists
Resident .................................................................. 5 Senior Registrars
1 Sen Reg for ITU
Radiology
Consultants On Call ................................................ 1 Consultant Radiologist
Resident .................................................................. 1 Senior Reg/ Reg/ SHO
Blood Transfusion
Consultants On Call ................................................ 1 Consultant
Resident .................................................................. 1 SHO/MO/Houseman
Pathology
Officers in charge on Call  ....................................... 1 Toxicology
1 Virology
1 Bacteriology
1 Infection Control
1 Histopathology
1 Biochemistry
1 Public Health Laboratory
Psychiatry
Consultants On Call ................................................ 1 Consultant Psychiatrist
Resident .................................................................. 2 Sen Reg/ Reg/ SHO/ 
Houseman
Geriatrics
Consultants On Call ................................................ 1 Consultant Geriatrician
Resident .................................................................. 2 Sen Reg/ Reg/ SHO/ 
Houseman
Oncology
Consultants On Call ................................................ 1 Consultant Oncologist
Resident .................................................................. 2 Sen Reg/ Reg/ SHO/ 
Houseman
Dermatology
Consultants On Call ................................................ 1 Consultant Dermatologist
CATEGORY C
Nursing Services
For the purposes of this category, the term "by day" shall mean from 7.00 am to
7.00 pm and the term "by night" shall mean from 7.00 pm to 7.00am.
Special Care Baby Unit ........................................... Full staff complement
Offices Number
  54        CAP. 452. ]               EMPLOYMENT AND INDUSTRIAL RELATIONS
Intensive Therapy Unit ............................................ 1 Nurse per patient
High Dependency Unit ............................................ 1 Nurse per 2 patients
Renal Unit ............................................................... 1 Nurse for every 4 patients 
plus 1 for every special 
case
Accident and Emergency ......................................... 8 Nurses by day and 5 
nurses by night
Labour Ward and Theatre ........................................ 5 Midwives plus 2 nurses/
midwives for Theatre
Operating Theatres .................................................. Staff to provide services in 
3 Theatres by day and 2 
Theatres by night
Coronary Intensive Care Unit .................................. 1 Nurse per patient
Coronary Care Unit ................................................. 3 Nurses by day and 3 
Nurses by night
General Acute Wards ............................................... 2 Nurses by day and 2 
Nurses by night
Chronic Wards
.........................................................
1 Nurse by day and 1 Nurse 
by night
Gynaecology Wards
.................................................
4 Nurses/Midwife by day 
and 3 by night
Antenatal Wards ...................................................... 2 Midwives by day and 2 
by night
Post natal Wards ...................................................... 4 Midwives by day and 3 
by night
Paramedic and Other services
For the purposes of this category, the term "by day" shall mean from 7.00 am to
7.00 pm and the term "by night" shall mean from 7.00 pm to 7.00am.
Radiographers ......................................................... 2 by day and 2 by night
Physiotherapists ...................................................... 4 by day
Laboratory Technologists ........................................ 4 by day and 4 by night
Pharmacists ............................................................. 3 by day and 1 by night
Electrical Engineer .................................................. 1 by day and on call by 
night
Mechanical Engineer ............................................... 1 by day and on call by 
night
Maintenance Staff  .................................................. 3 by day and 3 by night
Services at Gozo General Hospital
1 Consultant on call on each of General Medicine, General Surgery,
Orthopaedics/Anaesthesia
4 Sen. Reg/ Reg/ SHO/ to cover wards and Emergency Department
1 Pharmacist
1 Lab Technologist
1 Maintenance Staff
Offices Number
            EMPLOYMENT AND INDUSTRIAL RELATIONS       [ CAP. 452.        55
 
Nursing and Midwifery as applicable to Malta Hospitals
Ambulance Drivers Service
By day ..................................................................... 8 Drivers in Malta and 3 in 
Gozo
By night .................................................................. 4 Drivers in Malta and 2 in 
Gozo
Offices Number
