FAQ's - Conditions of Work

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FAQ's - Department of Industrial and Employment Relations - CONDITIONS OF WORK

Frequently Asked Questions

1.	Contract of Service

	What is a contract of service?
	Should the employer give an employee the conditions of work in writing?
	What is the difference between a definite (fixed term) and an indefinite contract of service?
	Is there a time limit after which a fixed term contract can be changed to an indefinite duration?
	Is an employer obliged to give a job description to the employee?
	If an employee is engaged to perform particular duties can an employer force the employee to perform work of a totally different kind?

2.	Probation

	What is a probationary period?
	How long is the probationary period?
	Can a probationary period be extended?

3.	Wage Regulation Order

	What is a Wage Regulation Order (WRO)?

4.	Wages

	What is the minimum wage for the current year?
	Is an employee entitled to any bonuses and what is the payable amount?
	What is the amount of weekly allowance that an employee is entitled to?
	Is every worker entitled to the cost of living increase?
	When should wages be paid?
	What happens if the employer fails to pay an employee wages due?
	Can an employee be paid by commission only?
	Can an employer offer the employee a wage that is higher than the minimum wage provided by law to compensate for overtime hours worked?
	Is a shift worker entitled to any shift allowance?
	Is the employee entitled for any payment if sent for training when s/he is not on duty?
	Are overtime rates regulated by law?
	Can an employee refuse to work overtime?
	Can an employer make deductions from an employee's wage (other than any tax or social security contributions)?
	If an employee changes from part-time to full-time or vice versa, can the employer lower his/her rate of pay?
	If the employer does not allow an employee to work the full weekly hours, can the employer deduct those hours from the employee's wage?
	If an employee fails to work the total number of hours in a week as agreed in the contract of service, can the employer deduct those hours from his/her wage?
	Can the employer impose any fines that may be deductedf from an employee's wages?
	Can an employee be suspended from work without or with reduced pay?
	If employees are performing the same work, are they entitled to the same rate of pay?

5.	Hours of Work

	What are the normal weekly hours of work?
	Can an employer ask an employee to work more than an average of 48 hours per week?
	What are the maximum hours that an employer can make an employee work during one particular week?
	If an employee consents to work for more than an average of 48 hours per week, can the consent be withdrawn?
	Who can work on the basis of reduced hours?
	What is the difference between part-time work of twenty hours or more and 'full-time with reduced hours'?
	How does a part-time worker become entitled to pro-rata entitlements?
	If a part-time worker is eligable to pro-rata entitlements, what are the entitlements due?
	How is the pro-rata entitlement calculated?
	By law, what time is considered as night work and what is the maximum of night work that the employee can perform?
	If work is performed at night and involves special hazards, what can be done?
	Can an employee refuse to work during the night due to health reasons?

6.	Rest Periods

	Is an employee entitled to rest breaks during the day?
	Does an employee get paid for the rest break?
	How much rest time should be given from one working day to another?
	Is an employee entitled to a weekly day of rest?
	Is it possible to substitute the rest period with monetary compensation?
	Are there exceptions to the rule, that the worker has to avail himself of the daily and weekly rest periods?

7.	Leave

	How much vacation leave is an employee entitled to?
	When is an employee eligible to take vacation leave?
	Is a worker who is employed for only a few months still entitled to vacation leave?
	Can employees choose to take leave whenever they want to?
	Can an employee be allowed to avail leave in hours as part of his/her working day?
	Is it possible for an employee to get paid for the annula leave instead of availing the entitlement?
	What happens if an employee does not apply for his/her vacation leave entitlement until the end of the year and is still in emloyment?
	What happens if the employer refuses to grant vacation leave throughout the year while an employee is still in employment?
	If an employee has his/her employment terminated, what happens to the outstanding vacation leave of the year that is due to the employee upon termination date?
	What arrangements are there for an employee to take urgent leave for private and personal reasons?
	How much is the amount of sick leave entitlement?
	If an employee needs to go for blood donation or to attend hospital as an outpatient, is this absence from work deducted from his/her sick leave entitlement?
	What happens if an employee exceeds all his/her sick leave entitlement?
	Does an employee get paid if injured while on duty?
	While being on Injury Leave, do accrual of annual leave and bonuses continue?
	If an employee gets married is s/he entitled to any special leave?
	If an employee is called for jury service, will this absence from work be deducted from the vacation leave entitlement of the employee?
	Is a worker who is summoned to appear in court as a witness entitled to special leave?
	An employee's family member passed away, is s/he entitled to any special leave?
	If the employee's father-in-law dies, is s/he entitled to Bereavement Leave?
	Does the birth of a child entitle the employee to additional leave?
	How long is the birth leave in case of the birth of twins?
	To what special leave is a pregnant employee entitled to?
	Is a pregnant worker entitled to take time off to attend ante-natal examinations?
	What is the amount of maternity leave that an employee is entitled to and how should it be administered?
	When an employee resumes work after maternity leave, does she have the right to be reinstate in her former post?
	Will an employee be able to resign from work immediatly after the termination of her maternity leave?
	Can an employee be dismissed or demoted for taking Maternity Leave?
	What are the rights of an employee if s/he needs to take a period of time-off from employment to be able to look after his/her children?
	When can an employee become entitled to Parental Leave?
	If an employee who has used parental leave changes his/her employer, is he/she entitled to a fresh parental leave entitlement?

8.	National and Public Holidays

	Which are the annual National and Public Holidays?
	What would the situation be whenever a public or a national holiday falls on a day of rest?
	Can the employer oblige an employee to work on a public holiday?

9.	Notice and Termination

	What is the duration of the notice period?
	Can the notice period be extended?
	On receiving notice from the employer, can the employee cease to perform work?
	Can the employer terminate an employment on grounds of redundancy and not allow the employee to work his/her due notice?
	When the employee gives notice, can s/he cease to perform work?
	When the employee gives notice and the employer does not allow him/her to work the notice, is any compensation in lieu of notice due?
	What happens if an employee abandons his/her employment without giving notice?
	What is an employee entitled to on termination of his/her employment?
	What are the obligations at law when a fixed term contract is terminated before its due expiry date?
	Are there situations when an employment can be terminated without giving notice?
	Should notice be given when terminating a fixed term (definite) contract of employment?
	If an employee feels that s/he was unjustly terminated from employment what are his/her rights?
	If an employee is terminated from employment, when should the final payments be settled?
	What happens if an employer fails to pay due wages to an employee?
	If a worker's employment is terminated due to redundancy, can the employer engage another person to do the same work?
	If there are allegations that the conditions of work have not been observed, is there a time limit within which the employee can take action?
	Can an employee refuse to carry out dangerous tasks, especially where health and safety measures are lacking?
	Where can an employee check if his/her social security contributions (NI) are being paid?
	Where can an employee refer to regarding matters related to social security benefits?
	Which authority is responsible for the registration of employment?
	Do the aforementioned conditions of employment, as contemplated in labour laws including teh WROs, represent the conditions of employment which every employer must abide by with respect of his employees?

	Remedies available to an employee who alleges a breach in his/her conditions of employment

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1. Contract of Service

Q.	What is a contract of service?

A.	A contract of service means an agreement, whether verbal or in writing, where a person binds him/herself to render service to, or to do work for, an employer in return of wages.

Q.	Should the employer give an employee the conditions of work in writing?

A.	If the period of employment exceeds one month and exceeds eight hours of work a week, the employer is bound to give a written statement to the employee showing his/her conditions of work within 8 working days from the commencement of employment.

Q.	What is the difference between a definite (fixed term) and an indefinite contract of service?

A.	As its name implies an indefinite contract of service means that the employee is engaged in an employment for an indefinite period (without a limit). On the other hand a fixed term contract is a contract wherein both parties usually agree on its duration and thus incorporates an expiry date.

Q.	Is there a time limit after which a fixed term contract can be changed to an indefinite duration?

A.	Usually, a fixed term contract can be successively renewed up to a maximum period of four years after which the employee shall be considered to be under a contract of indefinite duration. The exception occurs when the employer has justifiable reasons for retaining the employee on a fixed term contract. An employee whose fixed term contract has expired and is retained in employment will also be considered to be under an indefinite contract if the employer does not produce a new contract of service within twelve (12) days following the expiry of the previous contract.

Q.	Is an employer obliged to give a job description to the employee?

A.	The law does not impose this obligation. However, it is a good practice if employees are given a job description by the employer. This could reduce disputes on the job content at a later stage.

Q.	If an employee is engaged to perform particular duties can an employer force the employee to perform work of a totally different kind?

A.	The work an employee is asked to perform must be related to his/her work title as agreed in the contract of employment. The job description also serves this purpose.

2. Probation

Q.	What is a probationary period?

A.	The probation is an established period at commencement of employment during which the employee is assessed by the employer for his suitability for the job and the employee decides whether he/she wants to continue his/her employment in that particular job. During probation either party may terminate the employment without assigning any reason, provided that one week notice is given if the employment has exceeded one month.

Q.	How long is the probationary period?

A.	The first six months of employment constitute probation. The parties can however agree to a shorter term. In the case of a contract of service, or a 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 is of one year unless otherwise specified (for a shorter period) in the contract of service or in the collective agreement.

Q.	Can a probationary period be extended?

A.	The probationary period cannot be extended beyond the maximum period allowed by law. Where the employer and the employee agree for a shorter period, such period is binding by law and can only be extended up to the maximum limit contemplated by law if both parties agree to do so.

3. Wage Regulation Order

Q.	What is a Wage Regulation Order (WRO)?

A.	A Wage Regulation Order is subsidiary legislation kept in force under the Employment and Industrial Relations Act that regulates certain conditions of employment of employees working in a specific sector of the industry. At present, there are 31 different WROs in force. The conditions specified in these Orders include - maximum hours of work, minimum wages, overtime rates, sick leave, special leave, etc.

4. Wages

Q.	What is the minimum wage for the current year?

A.	For 2007, the national minimum wage related to a normal working week is: Age 18 years and over………..........………Lm59.63 (€138.90) Age 17 years……………………..........…......Lm56.72 (€132.12) Age 16 years……………………..........…......Lm55.50 (€129.28) There are other different minimum wages that are applicable to different jobs within specific industrial sectors. The information can be sought from the relevant Wage Regulation Order applicable to the particular industrial activity.

Q.	Is an employee entitled to any bonuses and what is the payable amount?

A.	The full statutory bonus payable every six months is as follows: End of June ...........................................Lm58 (€135.10) From the 15th till the 23rd December ..........Lm58 (€135.10) When calculating part of the bonus it can be worked out at Lm0.31, 8 (€0.74) per calendar day including Saturdays and Sundays.

Q.	What is the amount of weekly allowance that an employee is entitled to?

A.	The full statutory Weekly Allowance payable every six months is as follows: End of March .................................Lm 52 (€121.13) End of September ...........................Lm52 (€121.13) When calculating part of the weekly allowance it amounts to Lm2.00 (€ 4.66) per working week, or a proportion thereof.

Q.	Is every worker entitled to the cost of living increase?

A.	Yes, the cost of living increase is obligatory. A full-time employee is entitled to the full increase, while a part-time employee is entitled to part of the cost of living increase in proportion to the hours worked.

Q.	When should wages be paid?

A.	Wages should be paid at regular intervals not exceeding 4 weeks in arrears. Different periods of pay can be agreed in a collective agreement.

Q.	What happens if the employer fails to pay an employee wages due?

A.	A complaint can be lodged by the employee with officers of the Department of Industrial and Employment Relations who will then take the necessary steps to investigate the circumstances.

Q.	Can an employee be paid by commission only?

A.	The wage payable to the employee can consist of a commission so long as the minimum weekly wage is guaranteed and such minimum wage is paid at regular intervals not exceeding four weeks in arrears.

Q.	Can an employer offer the employee a wage that is higher than the minimum wage provided by law to compensate for overtime hours worked?

A.	This can be possible if it is clearly stated in the contract of service and circumstances actually show that the difference in the wage does truly compensate the extra hours worked according to the relevant overtime rates. However, it is preferable if a basic weekly wage is agreed for the normal 40 hours of work while a separate amount in lieu of overtime not exceeding X hours is shown.

Q.	Is a shift worker entitled to any shift allowance?

A.	There is an entitlement to shift allowance in certain Wage Regulation Orders. One should check the respective W.R.O about any such entitlements. Ad hoc arrangements may also be applicable in enterprises governed by a collective agreement, or if there are specific clauses in a contract of employment making reference to such an allowance.

Q.	Is the employee entitled for any payment if sent for training when s/he is not on duty?

A.	If the training is obligatory, the employer must treat that period as working time and pay it accordingly

Q.	Are overtime rates regulated by law?

A.	Most sectors have their minimum overtime rates regulated by the respective Wage Regulation Order that regulates their activity of work.

Q.	Can an employee refuse to work overtime?

A.	An employee who chooses not to give his/her consent to work over an average of 48 hours a week cannot be asked to work beyond such an average. On the other hand, the employer can oblige an employee to work overtime (1) when the total hours of work do not exceed an average of 48 hours a week, and (2) when an employee has consented in writing to work over such an average.

Q.	Can an employer make deductions from an employee's wage (other than any tax or social security contributions)?

A.	An employer is not allowed to make deductions from the employee’s wage except where permitted by law or by an order of a competent court.

Q.	If an employee changes from part-time to full-time or vice versa, can the employer lower his/her rate of pay?

A.	If the same duties are continued, the rate of pay should not be decreased. But, if there is agreement that the post and related duties are changed, new conditions, including different rates of pay, may apply.

Q.	If the employer does not allow an employee to work the full weekly hours, can the employer deduct those hours from the employee's wage?

A.	No, the employee has the right to be paid his /her full weekly wage as agreed in the contract of employment.

Q.	If an employee fails to work the total number of hours in a week as agreed in the contract of service, can the employer deduct those hours from his/her wage?

A.	The employer may deduct from the total wage due to the employee only that part which corresponds to the hours lost.

Q.	Can the employer impose any fines that may be deductedf from an employee's wages?

A.	Unless it is agreed in a collective agreement or specified in a contract of employment or written statement and authorised by the Director of Industrial and Employment Relations, the employer cannot impose fines on his/her employees.

Q.	Can an employee be suspended from work without or with reduced pay?

A.	Suspension without pay or with reduced pay is considered as a fine and is only permitted if it is agreed in the collective agreement or a prior authorisation from the Director of Industrial and Employment Relations has been given.

Q.	If employees are performing the same work, are they entitled to the same rate of pay?

A.	Where the same duties are performed, employees are entitled to the same rate of pay. Different rates of pay can only apply if this is based on different lengths of service which are reflected under different salary scales, annual increments or other conditions of employment, provided that such salary scales have a maximum that is achieved within a specified period of time.

5. Hours of Work

Q.	What are the normal weekly hours of work?

A.	The normal hours of work for full-time employment and the maximum hours for part-time work vary according to the relevant sector of industry. These are established in Wage Regulation Orders that regulate such sectors according to their activity of work. Generally, the normal hours of work (excluding overtime) should not exceed a maximum of an average of 48 hours a week spread over a reference period of 17 weeks. In certain sectors, as the manufacture and tourism sectors, the reference period is of one year.

Q.	Can an employer ask an employee to work more than an average of 48 hours per week?

A.	In such a case, a written consent is required from the employee concerned. If an employee does not give his/her consent, the employer can neither force nor victimize that particular employee as a consequence of his/her refusal. On the other hand, if the consent is given, the employer has to ensure that the employee is given the daily rest and weekly rest periods due as established by law.

Q.	What are the maximum hours that an employer can make an employee work during one particular week?

A.	If the employee has not consented to work over an average of 48 hours a week, the maximum working hours including overtime shall not exceed such an average when calculated over a reference period, usually of 17 weeks. It is important to clarify that if an employee who normally works on a 40 hour week is asked to perform overtime, such overtime may be of more than 8 hours in a particular week, provided that the provisions at law regarding daily rest and weekly rest periods are observed.

Q.	If an employee consents to work for more than an average of 48 hours per week, can the consent be withdrawn?

A.	Yes, so long as a written notice is given to the employer. Notice must be given at least seven days before the withdrawal of the consent or at such longer periods, not exceeding three months, as may be agreed between the parties.

Q.	Who can work on the basis of reduced hours?

A.	Full-time employment with reduced hours is employment in respect of which social security contributions are payable and when the employee agrees with his/her employer to work less hours than those worked by a comparable full-timer. In these cases, the law states that the wage and other entitlements shall be granted on a pro-rata basis, that is, proportionately. Before arriving at such an agreement, the conditions of work applicable for full time work must have been previously established.

Q.	What is the difference between part-time work of twenty hours or more and 'full-time with reduced hours'?

A.	In case of a principal employment, there are no differences in so far as entitlements are concerned. In both cases, entitlements are availed of on a pro-rata basis, depending on the number of hours worked.

Q.	How does a part-time worker become entitled to pro-rata entitlements?

A.	A part-time employee is eligible to pro-rata entitlements where: 1) The part-time work is one in respect of which social security contributions are payable, or 2) The part-timer is a pensioner whose wages do not exceed the National Minimum Wage; or 3) The part-timer is a widow who is in receipt of a widow’s pension and whose wages do not exceed the National Minimum Wage.

Q.	If a part-time worker is eligable to pro-rata entitlements, what are the entitlements due?

A.	Pro-rata entitlements include statutory bonus and weekly allowance, all public holidays, vacation leave, sick leave, birth leave, bereavement leave, marriage leave, injury leave and to any other leave in terms of law.

Q.	How is the pro-rata entitlement calculated?

A.	The pro-rata is calculated as the proportion that the number of weekly hours worked by the part-time employee bears to the number of the normal weekly hours worked by a full-time employee performing same work. (The vacation leave of a full timer working 40 hours per week is 192 hours. If the part-timer works 20 hours a week, the pro-rata vacation leave entitlement is 20/40x192 hours = 96 hours.)

Q.	By law, what time is considered as night work and what is the maximum of night work that the employee can perform?

A.	Night work is working time that includes (a) more than 50% of the annual working time between 22.00hrs and 06.00hrs, or (b) at least three hours of the daily working time as a normal course during night time (between 22.00hrs and 06.00hrs). A night worker’s normal hours of work shall not exceed an average of eight hours in any 24-hour period.

Q.	If work is performed at night and involves special hazards, what can be done?

A.	If a risk assessment which the employer is obliged to carry out reveals special hazards, apart from the employer being obliged to take the necessary measures to ensure that the worker concerned undergoes a suitable health assessment to determine the worker’s health status, the working hours of the employee, including night hours, should not exceed 8 hours of work in any period of 24 hours.

Q.	Can an employee refuse to work during the night due to health reasons?

A.	If a registered medical practitioner informs the employer that the employee is suffering from a health condition which is connected to night work, the employer should, if possible, transfer the employee to more suitable work during daytime.

6. Rest Periods

Q.	Is an employee entitled to rest breaks during the day?

A.	Where the working day is longer than six hours, an employee is entitled to not less than fifteen minutes of rest, unless a longer period of rest is provided by any other regulation or agreement.

Q.	Does an employee get paid for the rest break?

A.	The employer is not obliged to pay the rest break since it is not considered as working time.

Q.	How much rest time should be given from one working day to another?

A.	Every worker is entitled to a minimum daily rest period of 11 consecutive hours.

Q.	Is an employee entitled to a weekly day of rest?

A.	Every worker is entitled to an uninterrupted weekly rest period of 24 hours in addition to the 11 hours daily rest within a seven day period, or 48 consecutive hours in a period of fourteen days in addition to the 11 hours daily rest.

Q.	Is it possible to substitute the rest period with monetary compensation?

A.	No, such a circumstance is prohibited by law.

Q.	Are there exceptions to the rule, that the worker has to avail himself of the daily and weekly rest periods?

A.	As a general rule, the daily and weekly rest periods are compulsory. However, in certain circumstances specified by the law, there may be the possibility for a worker not to take the full rest period, provided that equivalent compensatory rest periods are given to the worker concerned at times immediately following the corresponding periods worked.

7. Leave

Q.	How much vacation leave is an employee entitled to?

A.	By law, an employee working 40 hours per week is entitled to 192 hours of paid annual leave. If the average normal hours (excluding overtime) calculated over a period of 17 weeks is below or exceeds 40 hours per week, the vacation leave entitlement in hours should be adjusted accordingly.

Q.	When is an employee eligible to take vacation leave?

A.	Vacation leave starts to accumulate as from commencement of employment. It can be availed of in agreement between the employer and the employee.

Q.	Is a worker who is employed for only a few months still entitled to vacation leave?

A.	When an employee is in employment for less than 12 months, s/he shall be entitled to a proportionate amount of annual leave.

Q.	Can employees choose to take leave whenever they want to?

A.	Leave has to be availed of in agreement with the employer. The application for leave has to be approved by the employer before an employee can proceed with leave.

Q.	Can an employee be allowed to avail leave in hours as part of his/her working day?

A.	By mutual agreement with the employer, leave can be taken in hours. Otherwise, if there is no agreement between the employer and the employee, leave has to be availed of as a whole day.

Q.	Is it possible for an employee to get paid for the annula leave instead of availing the entitlement?

A.	The law specifies that a minimum period equivalent to four weeks (160 hours) cannot be replaced by any allowance, except where the worker’s employment is terminated.

Q.	What happens if an employee does not apply for his/her vacation leave entitlement until the end of the year and is still in emloyment?

A.	In respect of the 160 hours that cannot be compensated for, the employee cannot claim payment. It is only possible to carry forward up to 50% of the annual leave entitlement to the following year if there is an agreement with the employer.

Q.	What happens if the employer refuses to grant vacation leave throughout the year while an employee is still in employment?

A.	If the employer refuses to grant the statutory vacation leave, the employee should lodge a claim with the Department of Industrial and Employment Relations for an evaluation of the case and possible court action to be taken against the employer. The Department will usually ask the court to decree that any unavailed of vacation leave should be compensated by the employer. However, there always exist the possibility for the employer to agree with the employee to carry forward up to 50% of the annual leave entitlement to the following year.

Q.	If an employee has his/her employment terminated, what happens to the outstanding vacation leave of the year that is due to the employee upon termination date?

A.	Upon termination from employment, an employee has the right to claim financial compensation for any balance of outstanding leave that is due.

Q.	What arrangements are there for an employee to take urgent leave for private and personal reasons?

A.	The employer is bound by law to grant every employee a minimum total of fifteen hours with pay per year as time off for urgent family reasons. These hours are to be deducted from the annual leave entitlement of the employee. Such urgent leave has to be related to cases of sickness or accident to members of the immediate family of the employee.

Q.	How much is the amount of sick leave entitlement?

A.	The amount of sick leave varies substantially according to the relevant Wage Regulation Order that regulates the specific sector of industry. Where the type of activity of work is not regulated by any W.R.O., there is no right at law regarding sick leave.

Q.	If an employee needs to go for blood donation or to attend hospital as an outpatient, is this absence from work deducted from his/her sick leave entitlement?

A.	In occasions of sickness, a medical certificate has to be presented to the employer. If the absence from work is not covered by a medical certificate, other arrangements (like applying for leave) have to be sought.

Q.	What happens if an employee exceeds all his/her sick leave entitlement?

A.	The employer is only required to issue wages for the amount of sick leave entitlement provided by law. If an employee remains sick after having exhausted all the sick leave entitlement, s/he will only continue to receive the Sickness benefit from the Social Security to which s/he may be entitled.

Q.	Does an employee get paid if injured while on duty?

A.	Yes, employees are entitled to a maximum period of one year injury leave on full pay, less the full amount of any injury benefit to which such employee may be entitled in terms of the Social Security Act, if s/he is injured during the actual discharge of his duty and not due to contributory negligence on her/his part or to any contravention of safety rules laid down by the employer.

Q.	While being on Injury Leave, do accrual of annual leave and bonuses continue?

A.	Yes, vacation leave and bonuses accrue whenever an employee is on paid status.

Q.	If an employee gets married is s/he entitled to any special leave?

A.	Employees are entitled to paid marriage leave according to the relevant Wage Regulation Order that regulates the specific sector of industry in which they are employed. The entitlement may vary depending on the regulation. Where the type of activity of work is not regulated by any W.R.O., there is no right at law regarding marriage leave.

Q.	If an employee is called for jury service, will this absence from work be deducted from the vacation leave entitlement of the employee?

A.	Not necessarily. If the establishment’s conditions of employment are regulated by any Wage Regulation Order, there is a special leave entitlement called Jury Leave where an employee is allowed all the necessary time off on full pay to attend the court on such service. Where the type of activity of work is not regulated by any W.R.O., there is no right at law regarding jury leave.

Q.	Is a worker who is summoned to appear in court as a witness entitled to special leave?

A.	There is no entitlement at law to special leave to attend court as a witness except in the case of workers in the hospital and clinics sector who are allowed special paid leave to attend court as witness in relation to police cases.

Q.	An employee's family member passed away, is s/he entitled to any special leave?

A.	If the conditions of work of an employee are regulated by a Wage Regulation Order, the worker is allowed paid bereavement leave on the occasion of the death of a close family member. The entitlement may vary depending on the Wage Regulation Order. Where the type of activity of work is not regulated by any W.R.O., there is no right at law regarding bereavement leave.

Q.	If the employee's father-in-law dies, is s/he entitled to Bereavement Leave?

A.	Bereavement Leave entitlement as provided in the Wage Regulation Orders is only allowed in respect of the following relatives: Wife, husband, mother, father, son, daughter, brother or sister of the employee.

Q.	Does the birth of a child entitle the employee to additional leave?

A.	If the conditions of work of an employee are regulated by a Wage Regulation Order, the worker is allowed birth leave on full pay on the occasion of the birth of a child to his wife. The entitlement may vary depending on the Wage Regulation Order. Where the type of activity of work is not regulated by any W.R.O., there is no right at law regarding birth leave.

Q.	How long is the birth leave in case of the birth of twins?

A.	The entitlement of birth leave is linked with the birth of a child and therefore in the case of a birth of twins, the entitlement is double.

Q.	To what special leave is a pregnant employee entitled to?

A.	By law, such an employee is entitled to maternity leave. In the case of an employee who is pregnant, breastfeeding or has recently given birth, and who could be exposed to a risk at work that could jeopardise her health and safety and/or the pregnancy, such employee is entitled to special maternity leave as long as the risk exists.

Q.	Is a pregnant worker entitled to take time off to attend ante-natal examinations?

A.	An employee is entitled to time off without loss of pay or any other benefit, in order to attend ante-natal examinations, if such examinations have to take place during her hours of work.

Q.	What is the amount of maternity leave that an employee is entitled to and how should it be administered?

A.	A pregnant employee can resort to maternity leave for an uninterrupted period of fourteen (14) weeks; the first thirteen (13) weeks of which are paid and the last one (1) week being unpaid. She has to notify her employer in writing of the date when she intends to avail herself of such entitlement at least four weeks before its commencement, in so far as is reasonably practicable. The employee is obliged to avail herself of six (6) weeks of the total entitlement immediately after the date of confinement. Another four (4) weeks are to be taken immediately before the expected date of confinement, unless agreed otherwise between the employer and the employee. The remaining balance of entitlement to be availed of, in whole or in part may be taken, either immediately before or immediately after the aforementioned periods, as the employee may decide.

Q.	When an employee resumes work after maternity leave, does she have the right to be reinstate in her former post?

A.	On termination of maternity leave, the employee has the right to resume work in the post formerly occupied on the commencement of the maternity leave and if such post is no longer available, to a related post.

Q.	Will an employee be able to resign from work immediatly after the termination of her maternity leave?

A.	Where a female employee abandons the service of her employer without good and sufficient cause within six months from the date she is to resume work after having availed herself of maternity leave, she shall be liable, without prejudice to any other liability under the Employment and Industrial Relations Act, to pay the employer a sum equivalent to the wages she received during such leave.

Q.	Can an employee be dismissed or demoted for taking Maternity Leave?

A.	The employer cannot dismiss or otherwise treat unfavourably any employee solely because she is applying for or being on Maternity Leave or even for being pregnant.

Q.	What are the rights of an employee if s/he needs to take a period of time-off from employment to be able to look after his/her children?

A.	Both male and female workers have the individual right to be granted unpaid parental leave on the grounds of birth, adoption or legal custody of a child to enable them to take care of that child for a period of three months until the child has attained the age of eight years. Parental leave can be availed of in established periods of one month each.

Q.	When can an employee become entitled to Parental Leave?

A.	An employee must have at least 12 months continuous service with his/her employer to be eligible to apply for Parental Leave, unless a shorter period is agreed to.

Q.	If an employee who has used parental leave changes his/her employer, is he/she entitled to a fresh parental leave entitlement?

A.	The employee’s balance of parental leave is transferred to the new employment. The employee is not entitled to a fresh parental leave entitlement.

8. National and Public Holidays

Which are the annual National and Public Holidays?

There are fourteen paid holidays in a year. These are:

Public Holidays:

1st January	New Year’s Day
10th February	Feast of St Paul’s Shipwreck
19th March	Feast of St. Joseph
------------	Good Friday
1st May	Workers’ Day
29th June	Feast of St. Peter and St. Paul
15th August	Feast of the Assumption
8th December	Feast of Immaculate Conception
25th December	Christmas Day

National Holidays:

31st March	Freedom Day
7th June	Sette Giugno
8th September	Feast of Our lady of Victories
21st September	Independence Day
13th December	Republic Day

What would the situation be whenever a public or a national holiday falls on a day of rest?

If a public or national holiday falls on any day of rest between Monday and Friday it is to be added to the annual leave entitlement of the employee. However, if a public or national holiday falls on a Saturday or a Sunday which happens to be a day of rest, no additional day is added to the annual leave entitlement of the employee.

Can the employer oblige an employee to work on a public holiday?

So long as the regulations in respect of rest periods are observed, the employee can be obliged to work on a public holiday and paid according to the applicable overtime rates by law.

9. Notice and Termination

What is the duration of the notice period?

The duration of the notice period depends on the employee’s continuous length of service in the same employment:

More than one month and up to six months	one week
More than six months and up to two years	two weeks
More than two years and up to four years	four weeks
More than four years and up to seven years	eight weeks
More than seven years and up to eight years	nine weeks
More than eight years and up to nine years	ten weeks
More than nine years and up to ten years	eleven weeks
More than ten years	twelve weeks

Longer periods may be agreed by the employer and employee in the case of technical, administrative, executive or managerial posts.

Can the notice period be extended?

The established notice period cannot be extended.

On receiving notice from the employer, can the employee cease to perform work?

If the employee chooses to cease performing work on receiving notice from the employer, the employer is obliged to pay the employee a sum equal to half the wages that would be payable in respect of the unexpired period of notice.

Can the employer terminate an employment on grounds of redundancy and not allow the employee to work his/her due notice?

If the employee is not given the chance to work the notice, the employer would be obliged to pay the employee a sum equal to full wages that would be payable in respect of the unexpired period of notice.

When the employee gives notice, can s/he cease to perform work?

If after giving notice, the employee fails to work during the notice period, s/he will be obliged to pay his/her employer a sum equal to half the wages that would be payable in respect of the unexpired period of notice.

When the employee gives notice and the employer does not allow him/her to work the notice, is any compensation in lieu of notice due?

If the employee chooses to continue performing work until the period of notice expires but the employer precludes him/her from so doing, the employer would be obliged to pay the employee a sum equal to the full wages that would be payable in respect of the unexpired period of notice.

What happens if an employee abandons his/her employment without giving notice?

If the employee fails to give notice s/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 that is not worked.

What is an employee entitled to on termination of his/her employment?

Without prejudice to what may be due under the law relating to notice, the employee is entitled to be paid for all entitlements, on a proportional basis according to the period of employment, including: wages, overtime, leave, bonuses etc, due to him/her as at date of termination.

What are the obligations at law when a fixed term contract is terminated before its due expiry date?

Where there is not a justified reason to terminate an employment that is on definite basis, the party who breaches the contract is liable to pay the other party a sum equal to one-half of the full wages that would have accrued had the contract of employment remained in force.

Are there situations when an employment can be terminated without giving notice?

An employment can be terminated without notice or obligation to compensate for notice when the length of service is not longer than one month, or when there is a good and sufficient cause (eg. Disciplinary action)

Should notice be given when terminating a fixed term (definite) contract of employment?

Notice is not applicable when the contract is for a definite time.

If an employee feels that s/he was unjustly terminated from employment what are his/her rights?

An employee who alleges unfair dismissal can lodge a complaint to the Industrial Tribunal within four months from the termination of employment.

If an employee is terminated from employment, when should the final payments be settled?

All outstanding wages should be settled by the next pay date following the termination of employment.

What happens if an employer fails to pay due wages to an employee?

An employee who is not paid for his/her work or does not receive his/her wage on time must first bring this to the attention of his employer. If the employer persists in not issuing the payment due, the employee can report the matter to the Department of Industrial and Employment Relations for action from its end.

If a worker's employment is terminated due to redundancy, can the employer engage another person to do the same work?

The employer is under a legal obligation to re-engage an employee previously dismissed on the basis of redundancy if the post formerly occupied by him/her becomes available within a period of one year from the date of dismissal. If the employer breaches this legal obligation, the employee can initiate proceedings before the Industrial Tribunal within four months from the said breach.

If there are allegations that the conditions of work have not been observed, is there a time limit within which the employee can take action?

The employee can forward his/her claim, which must be supported by documents, to the Department of Industrial and Employment Relations which will investigate and take the necessary steps. Criminal action can only be instituted by the Department within a prescriptive period of one year. This does not prejudice the employee’s right to institute civil action against the employer according to civil law.

Can an employee refuse to carry out dangerous tasks, especially where health and safety measures are lacking?

In these cases, it is recommended that one informs the Occupational Health and Safety Authority, 17 Edgar Ferro Street, Pieta’, which in turn will take the necessary steps in the circumstances. (Telephone number 21247677/8)

Where can an employee check if his/her social security contributions (NI) are being paid?

The Inland Revenue Department, Head Office, Floriana is the authority dealing with payment of social security contributions. (Telephone number 22962350)

Where can an employee refer to regarding matters related to social security benefits?

Any difficulties related to social security benefits should be checked with the Social Security Department, 38 Ordinance Street, Valletta (Telephone number 25903000) or at any of its branches situated in various localities.

Which authority is responsible for the registration of employment?

All matters related to the registration of an employment, including engagement and termination forms, are dealt with by the Employment and Training Corporation, Head Office, Hal Far (Telephone number 21654940/1/2/3/4)

Do the aforementioned conditions of employment, as contemplated in labour laws including teh WROs, represent the conditions of employment which every employer must abide by with respect of his employees?

Yes, these conditions of employment are obligatory by law but they are minimum conditions of employment because the employer can grant more favourable conditions either in the contract of employment or as agreed in a collective agreement. In such cases, the more favourable provisions are enforceable and will apply.

In those instances where no Wage Regulation Order applies or where it applies but it does not grant a certain right, the employer can also agree to grant that specific right in the contract of employment or as agreed in a collective agreement notwithstanding the fact that it is not contemplated by law.

Remedies available to an employee who alleges a breach in his/her conditions of employment:

• The Department of Industrial and Employment Relations institutes criminal action against the employer and the employee is asked to give evidence.
• The employee as a private individual institutes a civil action.
• In case of alleged unfair dismissal, discriminatory treatment, breach of the principle of equal pay for work of equal value, victimization, harassment and all the cases which refer to the Industrial Tribunal, the employee as a private individual institutes action before the Industrial Tribunal.

	FAQ's - Department of Industrial and Employment Relations
	Department of Industrial Relations