89.5
84.5
84.5
Approaching Access to Decent Work
80
100
40
75
100
100
100
100
100
100
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the legislation or collective negotiation set and determine the minimum wages in the country? | Yes | 1 | §3 & 4 of the Employment and Industrial Relations Act, 2002; National Minimum Wage National Standard Order (S.L.452.71) | No Change |
| Does the law require regular and timely payment of wages? | Yes | 1 | §2, 11-15, 22 & 23 of the Employment and Industrial Relations Act, 2002 | No Change |
| Does the law require overtime compensation to be at least 125% of the regular hourly rate? | Yes | 1 | §6 of Overtime Regulations, 2012 | No Change |
| Does the law require any additional compensation for working on a weekly rest day? | Yes | 1 | §14 of the Organisation of Working Time Regulations (S.L.452.87) | No Change |
| Does the law require additional compensation for night work? | No | 0 | §9 & 10 of the Organisation of Working Time Regulations (S.L.452.87) | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law stipulate general weekly working hours as 48 hours or lower? | Yes | 1 | §6 of the Employment and Industrial Relations Act, 2002; Overtime Regulations (S.L.452.110) | No Change |
| Does the law restrict maximum working hours, including overtime, to 56 hours per week? | Yes | 1 | §7 of the Organisation of Working Time Regulations (S.L.452.87) | No Change |
| Does the law require a paid weekly rest of at least 24 consecutive hours? | Yes | 1 | §5 & 6 of the Organisation of Working Time Regulations (S.L.452.87) | No Change |
| Does the law require paid public holidays? | Yes | 1 | National Holidays and other Public Holidays Act; §8(5) of the Organisation of Working Time Regulations (S.L.452.87) | No Change |
| Does the law require at least three working weeks of paid annual leave? | Yes | 1 | §4 of the S.L.452.64; §8 of the Organisation of Working Time Regulations (S.L.452.87) | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require a written employment contract or employment particulars to be given to a worker on commencement of employment? | Yes | 1 | §7 of the Employment and Industrial Relations Act, 2002; Information to Employees Regulations (S.L.452.83) | No Change |
| Does the law restrict the hiring of fixed-term contract workers? | Yes | 1 | §33 & 34 of the Employment and Industrial Relations Act, 2002; Contracts of Service for a Fixed Term Regulations (S.L.452.81) | No Change |
| Does the law limit the length of the probation period, including renewals, to three months? | No | 0 | §36 of the Employment and Industrial Relations Act, 2002 | No Change |
| Does the law require a 30-day notice period before employment contract termination? | No | 0 | §36 of the Employment and Industrial Relations Act, 2002 | No Change |
| Does the law require severance pay at the rate of at least two weeks of wages for every year of service? | No | 0 | No applicable legal provisions could be located | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require a four-month parental leave for parents? | Yes | 1 | §3, 4, 8 & 9 of the Parental Leave Entitlement Regulations (S.L.452.78) | No Change |
| Does the law require at least one week of paid paternity leave for fathers*? | Yes | 1 | §4 of the Minimum Special Leave Entitlement Regulations (S.L.452.101); §4 of the Work-Life Balance for Parents and Carers Regulations, 2022 | Score improved due to a legislative reform |
| Does the law require flexible working arrangements* for workers with family responsibilities? | Yes | 1 | §10 of the Work-Life Balance for Parents and Carers Regulations, 2022 | Score improved due to a legislative reform |
| Does the law require paid nursing breaks? | No | 0 | No applicable legal provisions could be located | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law prohibit inquiring about pregnancy during recruitment? | Yes | 1 | §26 of the Employment and Industrial Relations Act, 2002 | No Change |
| Does the law require maternity leave of at least 14 weeks? | Yes | 1 | §6 & 8 of Protection of Maternity (Employment) Regulations (S.L.452.91); §2,3, 3A, 7 of (S.L.452.114) | No Change |
| Does the law require cash maternity benefits to be at least two-thirds (66.67%) of a worker's former wage? | Yes | 1 | §7 of Protection of Maternity (Employment) Regulations (S.L.452.91); §71-72 of Social Security Act | No Change |
| Does the law require cash maternity benefits to be paid through a contributory social insurance or a universal benefits system or such benefits are an employer's liability? | Yes | 1 | §7 of Protection of Maternity (Employment) Regulations (S.L.452.91); §71-72 of Social Security Act, 2012 | No Change |
| Does the law protect workers from dismissals during or on account of pregnancy? | Yes | 1 | §36(5, 14 & 17) & 40 of the Employment and Industrial Relations Act, 2002; §12 of S.L.452.91 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require employers to provide free personal protective equipment to workers? | Yes | 1 | §15(2.b) of Regulations (S.L.424.18); S.L.424.21 | No Change |
| Does the law require employers to train workers on health and safety Issues? | Yes | 1 | §14 of General Provisions for Health and Safety at Work Places Regulations (S.L.424.18) | No Change |
| Does the law restrict work that is prejudicial to the health of the mother or the child? | Yes | 1 | §3, 4, 5 & 9-A of Protection of Maternity (Employment) Regulations (S.L.452.91) | No Change |
| Does the law provide for employment injury benefits in the event of an occupational accident or disease? | Yes | 1 | §28-29 of the Social Security Act (CAP. 318); L.N. 123 of 2015; MISSOC Comp. Table for Malta | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law provide for an old age benefit? | Yes | 1 | §44-65 of the Social Security Act (CAP. 318), 1987; MISSOC Comp. Table for Malta | No Change |
| Does the law provide for survivors' benefits? | Yes | 1 | §31-43 of the Social Security Act (CAP. 318); MISSOC Comp. Table for Malta | No Change |
| Does the law provide for unemployment benefits? | Yes | 1 | §30 of the Social Security Act (CAP. 318); MISSOC Comp. Table for Malta | No Change |
| Does the law require paid sick leave (and sickness benefits) for the first six months of sickness? | Yes | 1 | §18-26 of the Social Security Act (CAP. 318) | No Change |
| Does the law provide for invalidity benefits? | Yes | 1 | §27 of the Social Security Act (CAP. 318); MISSOC Comp. Table for Malta | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require equal remuneration for men and women workers for work of equal value? | Yes | 1 | §27 of the Employment and Industrial Relations Act (CAP. 452); Equality for Men and Women Act. Cap. 456 | No Change |
| Does the law prohibit sexual harassment in employment? | Yes | 1 | §28-30 & 32 of the Employment and Industrial Relations Act; §9 of the Equality for Men and Women Act (CAP. 456) | No Change |
| Does the law prohibit discrimination in employment matters? | Yes | 1 | §45 of the Constitution of Malta 1964; §26-30 of the Employment and Industrial Relations Act | No Change |
| Does the law allow women to do the same job as men? | Yes | 1 | No restrictive legal provisions could be located | No Change |
| Does the law guarantee basic labour protection to the platform workers? | Yes | 1 | Social Security Act (CAP. 318), 1987; MISSOC Comp. Table for Malta | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law prohibit the employment of children? | Yes | 1 | Young Persons (Employment) Regulations (S.L.452.92) | No Change |
| Does the law set employment entry age equal to or higher than the compulsory schooling age? | Yes | 1 | §2 of the Education Act, 1988 | No Change |
| Does the law prohibit the employment of young persons in hazardous work under the age of 18 years? | Yes | 1 | Young Persons (Employment) Regulations (S.L.452.92); L.N. 196 of 2015 | No Change |
| Does the law prohibit forced labour? | Yes | 1 | §35 of the Constitution of Malta 1964; §248-A of the Criminal Code (CAP. 9) | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law allow workers to form and join unions of their own choice? | Yes | 1 | §42 of the Constitution of Malta 1964; §49-60 of the Employment and Industrial Relations Act, 2002 | No Change |
| Does the law allow workers to bargain collectively with employers through their representative unions? | Yes | 1 | Malta Council for Economic and Social Development Act 2001; §3 of the Employment and Industrial Relations Act, 2002 | No Change |
| Does the law provide the right to strike? | Yes | 1 | §63-68 & 74 of the Employment and Industrial Relations Act, 2002 | No Change |
| Does the law prohibit imposing excessive sanctions against striking workers, including replacement of such workers? | Yes | 1 | §63-68 & 64(4) of the Employment and Industrial Relations Act, 2002 | No Change |