84.5
84.5
Approaching
Decent Work
80
100
40
25
100
100
100
100
100
100
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law prescribe minimum wage rates 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) |
| Does the law require regular payment of wages? | Yes | 1 | §2, 11-15, 22 & 23 of the Employment and Industrial Relations Act, 2002 |
| Does the law require overtime compensation be at least 125% of the regular hourly rate? | Yes | 1 | §6 of Overtime Regulations, 2012 |
| Does the law require additional compensation for working on a weekly rest day? | Yes | 1 | §14 of the Organisation of Working Time Regulations (S.L.452.87) |
| Does the law require additional compensation for night work? | No | 0 | §9 & 10 of the Organisation of Working Time Regulations (S.L.452.87) |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law stipulate general working hours as 48 hours or lower? | Yes | 1 | §6 of the Employment and Industrial Relations Act, 2002; Overtime Regulations (S.L.452.110) |
| 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) |
| Does the law require a weekly rest of at least 24 hours? | Yes | 1 | §5 & 6 of the Organisation of Working Time Regulations (S.L.452.87) |
| 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) |
| 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) |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law require written employment contracts or at least written employment particulars? | Yes | 1 | §7 of the Employment and Industrial Relations Act, 2002; Information to Employees Regulations (S.L.452.83) |
| 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) |
| Does the law limit the length of probation period including renewals to a maximum of 3 months? | No | 0 | §36 of the Employment and Industrial Relations Act, 2002 |
| Does the law require a 30-day notice before contract termination? | No | 0 | §36 of the Employment and Industrial Relations Act, 2002 |
| Does the law require severance pay at the rate of at least 2 weeks of wages for every year of service? | No | 0 | No applicable legal provisions could be located |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law require parental leave for parents? | Yes | 1 | §3, 4, 8 & 9 of the Parental Leave Entitlement Regulations (S.L.452.78) |
| Does the law require at least one week of paid paternity leave for fathers? | No | 0 | §4 of the Minimum Special Leave Entitlement Regulations (S.L.452.101) |
| Does the law require flexible work arrangements for workers with family responsibilities? | No | 0 | No applicable legal provisions could be located |
| Does the law require paid nursing breaks? | No | 0 | No applicable legal provisions could be located |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law prohibits inquiring about pregnancy during recruitment? | Yes | 1 | §26 of the Employment and Industrial Relations Act, 2002 |
| Does the law require paid 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) |
| Does the law require cash maternity benefit be at least 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 |
| Does the law require maternity benefit be paid through contributory social insurance or universal benefits system? | Yes | 1 | §7 of Protection of Maternity (Employment) Regulations (S.L.452.91); §71-72 of Social Security Act, 2012 |
| 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 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law require provision of free personal protective equipment to workers from employer? | Yes | 1 | §15(2.b) of Regulations (S.L.424.18); S.L.424.21 |
| Does the law require the employer 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) |
| 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) |
| Does the law provide for employment injury benefit? | Yes | 1 | §28-29 of the Social Security Act (CAP. 318); L.N. 123 of 2015; MISSOC Comp. Table for Malta |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law provide for an old age pension? | Yes | 1 | §44-65 of the Social Security Act (CAP. 318), 1987; MISSOC Comp. Table for Malta |
| Does the law provide for a dependants'/survivors' pension? | Yes | 1 | §31-43 of the Social Security Act (CAP. 318); MISSOC Comp. Table for Malta |
| Does the law provide for unemployment benefit? | Yes | 1 | §30 of the Social Security Act (CAP. 318); MISSOC Comp. Table for Malta |
| Does the law require paid sick leave for the first 6 months of sickness? | Yes | 1 | §18-26 of the Social Security Act (CAP. 318) |
| Does the law provide for invalidity benefit? | Yes | 1 | §27 of the Social Security Act (CAP. 318); MISSOC Comp. Table for Malta |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law require equal remuneration for work of equal value? | Yes | 1 | §27 of the Employment and Industrial Relations Act, 2002 (CAP. 452); Equality for Men and Women Act. Cap. 456 |
| Does the law prohibit sexual harassment in employment? | Yes | 1 | §28-30 & 32 of the Employment and Industrial Relations Act, 2002; §9 of the Equality for Men and Women Act (CAP. 456) |
| 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, 2002 |
| Does the law allow women to do the same jobs as men? | Yes | 1 | No restrictive legal provisions could be located |
| Does the law guarantee basic labour protections for gig economy workers? | Yes | 1 | Social Security Act (CAP. 318), 1987; MISSOC Comp. Table for Malta |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law prohibit employment of children? | Yes | 1 | Young Persons (Employment) Regulations (S.L.452.92) |
| Does the law set employment entry age equal to or higher than the compulsory schooling age? | Yes | 1 | §2 of the Education Act, 1988 |
| Does the law prohibit the employment of children in hazardous work under the age of 18 years? | Yes | 1 | Young Persons (Employment) Regulations (S.L.452.92); L.N. 196 of 2015 |
| Does the law prohibit forced labour? | Yes | 1 | §35 of the Constitution of Malta 1964; §248-A of the Criminal Code (CAP. 9) |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| 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 |
| 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 |
| Does the law provide for the right to strike? | Yes | 1 | §63-68 & 74 of the Employment and Industrial Relations Act, 2002 |
| Does the law prohibit employers from terminating employment contracts of striking workers? | Yes | 1 | §63-68 & 64(4) of the Employment and Industrial Relations Act, 2002 |
