Employment and Industrial Relations Act (Cap. 452)
Employment and Industrial Relations Act (Cap. 452), article 18
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 th e
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 remunera tion for the employee’s service s.
Fines. 19. (1) Unless otherwise prescrib ed in a collective agreement,
where -
EMPLOYMENT AND INDUSTRIAL RELATIONS [ CAP. 452. 13
(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 contr act 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 sub-article (1), where an
employee fails without just cause to give to his employer the t otal
number of hours of work as bound by the terms of any contract o f
service applicable to him, the employer shall not inflict on th e
employee any fine for such loss of work but may deduct from the
total wages due to the employ ee 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 pe rson or persons shall be liabl e for
their acts, without prejudice to the liability of the employer, as if
they were the employer.
(4) Unless otherwise prescrib ed 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 th an
the wage to which the employee i s 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.
Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.