Employment and Industrial Relations Act (Cap. 452)

legislation.mt (official source) · last checked 2026-10-09 · 85 articles

Art. 2(1) In this Act, unless the context otherwise requires - "act" and "action" each includ es omission and refere
Art. 2AThe provisions of this Act and of any subsidiary legislation made thereunder shall also apply, in accordance w
Art. 3(1) A Board to be designated Employment Relations Board and hereinafter referred to as the "Board", shall be a
Art. 4(1) Where the Minister receives any national standard recommendation or any sectoral regulation recommendation
Art. 5(1) The conditions of employment prescribed in a national standard order, or in a sectoral regulation order, o
Art. 6The Minister may, after consultation with the Board, prescribe the maximum weekly working hours, including ove
Art. 7On engagement of any employee, the employer shall explain to the employee the provisions of any recognised con
Art. 8Where a general increase in wages is granted by the Government to all its whole-time employees and such increa
Art. 9In so far as conditions of employment are concerned, the provisions of the Health and Safety at Work Act and a
Art. 10The Minister may , after consultation with the Board , make regulations establishing minimum periods of matern
Art. 11(1) Except where otherwise expressly permitted by the provisions of this Act, the entir e amount of the wages
Art. 12No employer shall impose in a ny contract of service any terms as to the place in which, or the manner in whic
Art. 13(1) Wages payable by an employer to an employee may not be assigned. Cap. 12. (2) Wages payable by an employer
Art. 14No employer shall make any deduction from wages by way of discount, interest or any charge of a similar nature
Art. 15(1) Except where expressly permitted by the provisions of this Act or required by any other law, or where orde
Art. 16Where any contract of service contains conditions as to holidays better than the minimum established by law, n
Art. 17Where, in the case of whole-time employees, a public holiday other than a Sunday, falls on a weekly day of res
Art. 18Nothing in this Act shall prevent the making of any contract by an employer with an employee for giving to him
Art. 20Notwithstanding the provisions of any other law any claim by any employee in respect of a maximum of three mon
Art. 21A(1) There shall be established an Employment Agencies Guarantee Fund (hereinafter referred to as the "Agencies
Art. 21B(1) There shall be an appe als board to be called the "Employment Agencies Appeals Board" (hereinafter referre
Art. 22(1) Every employer shall pay or cause to be paid wages to his employees at regular intervals which shall not e
Art. 23(1) Every employer shall pay, or cause to be paid, to each of his whole-time employees such statutory bonuses
Art. 24Whole-time employees with r educed hours shall be paid not less pro rata than the wage applicable to a whole-t
Art. 25(1) Part-time employees shall not be treated in a less favourable manner than comparable whole-time employees
Art. 26(1) It shall not be lawful for any person - (a) when advertising or offering employment or when advertising op
Art. 27Employees in the same class of employment are entitled to the same rate of remuneration for work of equal valu
Art. 29(1) It shall not be lawful for an employer or an employee to harass another employee or to harass the employer
Art. 29A(1) Violence and harassment in a work environment shall be prohibited. Employees and employe rs shall endeavou
Art. 30(1) A person who alleges that the employer is in breach of, or that the conditions of empl oyment are in breac
Art. 31Subject to the foregoing, the Minister may, after consultation with the Board, prescribe regulations to give b
Art. 32Any person contravening the provisions of articles 28, 29 and 29A shall be guilty of an offence and shall be l
Art. 33A person may bind himself to give his services for a fixed term or for an indefinite term, or in respect of a
Art. 34(1) Saving as otherwise prescribed by this Act, the conditions of employment in a fixed term contract shall no
Art. 35The Minister may, after consultation with the Board, make regulations prescribing the minimum information whic
Art. 36(1) Saving the provisions of sub-article (16), when an employment relationship is subject to a probationary pe
Art. 37(1) An employer shall not terminate the employment of any employee on grounds of collective redundancy before
Art. 38(1) When a business or other u ndertaking is taken over, in whole or in part by a person (hereinafter in this
Art. 39The provisions of article 36 shall not apply in respect of seamen employed on ships under the provisions of th
Art. 40Any condition in a contract of service which empowers the employer to terminate the employment of a female emp
Art. 41On the termination of a contract of service lasting over one month, the employer shall be bound, at the employ
Art. 42Unless in such case as is otherwise provided by this Act, if a contract of service between an employee and his
Art. 43(1) The Minister shall appoint such officers of the department responsible for empl oyment and industrial rela
Art. 44(1) In criminal proceedings instituted by the Police before the Court of Magistrates for an offence against th
Art. 45(1) Any employer who contravenes or fails to comply with any recognised conditions of employment prescribed by
Art. 46Where an offence against the provisions of this Act or of any regulations or orders mad e thereunder is commit
Art. 47(1) Proceedings for an offence under this Act or of any regulations or orders made thereunder may be commenced
Art. 47ANotwithstanding the provisions of the Criminal Code, the Attorney General shall always have a right of appeal
Art. 48(1) The Prime Minister shall have power to prescribe by regulations the applicability of any article or sub-ar
Art. 48AWithout prejudice to any provision of this Act granting the Minister the power to make regul ations, the Minis
Art. 49(1) A trade union and an employers’ association shall, for all purposes of law, be treated a s an association
Art. 50(1) The rules of every trade union and of every employers’ association shall contain provi sions in respect of
Art. 51(1) A trade union or an employers’ association, and any member, officer or other official thereof, shall not p
Art. 52(1) For the purposes of this Act, a public officer shall be appointed as, or designated to perform the functio
Art. 53(1) Any seven or more members of a trade union or of an employers’ association may, by subscribing their names
Art. 54(1) Every trade union and every employers’ association shall be registered in accordan ce with the provisions
Art. 55(1) If the Registrar is satisfied that - (a) the applicants for registration have not been duly authorised to
Art. 56(1) The Registrar shall keep a register of all trade unions and employers’ associations registered under this
Art. 57(1) Every trade union and ev ery employers’ association shall keep an up-to-date record of the names of the me
Art. 59(1) Every trade union and ev ery employers’ association shall - (a) cause to be kept proper accounting records
Art. 60(1) In the month of August of each year the Registrar shall make out and send to the Minister a report on the
Art. 61The Minister may make ru les with respect to the registration of trade unions and employers’ associations and
Art. 62(1) If a trade union or an employers’ association refuses or wilfully neglects to perform a duty imposed on it
Art. 63(1) Subject to the provisions of sub-article (2), no action in tort or quasi-tort shall lie in respect of any
Art. 64(1) An act done by a person in contemplation or furtherance of a trade dispute shall not be actionable in tort
Art. 66Any person who, for the purpose of compelling any other person to abstain from doing or to do any act which su
Art. 67(1) The holder of an office i n the public service declared by the Prime Minister to be an office the holder w
Art. 67A(1) A member of a disciplined force shall be entitled to be a member of a registered t rade union of his choic
Art. 69(1) Where a trade dispute exists or is apprehended, the parties to the dispute may agr ee to refer the dispute
Art. 70If a settlement of a trade di spute (being a settlement not inconsistent with any enactment, or other instrume
Art. 72(1) There is hereby established a Joint Negotiating Council as a special negotiating machinery with respect to
Art. 73(1) There is hereby established a tribunal to be known as the Industrial Tribunal. (2) The Prime Minister shal
Art. 74(1) Where steps taken by the Minister under article 69 to promote an amicable settlement of a trade dispute ha
Art. 75(1) Notwithstanding any other law, the Industrial Tribunal shall have the exclusive juris diction to consider
Art. 76(1) The Chairperson of the Tribunal may be challenged, or shall abstain, from sitting in any of the circumstan
Art. 77(1) The Tribunal shall have such powers as are, by the Code of Organization and Civil Procedure , vested in th
Art. 78(1) The Tribunal shall decide any issue referred to it within a period that does not ex ceed one month from th
Art. 79(1) The Minister may by regulations prescribe the fees payable to any person representing the parties in proce
Art. 80(1) In giving any award, decision or advice the Tribunal may give consideration to the social and economic pol
Art. 81(1) Where on a complaint for unfair dismissal referred to the Tribunal under article 75, the Tribunal - (a) fi
Art. 82(1) Any decision or award made by the Tribunal shall be binding on the parties to it, on the workers represent
Art. 83(1) If any question arises as to the interpretation of any award or decision of the Tribunal (other than a dec
Art. 84(1) Subject to the provisions o f Title II of this Act, and without prejudice to the special provisions therei
Art. 85All expenses required to put into operation the provisions of this Act, including the expenses of the Tribunal
Art. 86All regulations, orders and subsidiary legislation made under or kept in force by the Conditions of Employment

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