Employment and Industrial Relations Act (Cap. 452)
Employment and Industrial Relations Act (Cap. 452), article 4
4. (1) Where the Minister receives any national standard
recommendation or any sectoral regulation recommendation he
may, subject as hereinafter provided, make a national standard
order or a sectoral regulation order, as the case may be, to be
published in the Gazette, giving effect to the national standard
recommendation or the sectoral regulation recommendation as fro m
such date as may be specified in the order:
Provided that the Minister may, if he thinks fit, before
making an order as aforesaid, refer the national standard
recommendation or the sectoral regulation recommendation
received by him back to the Board and the Board shall thereupon
reconsider it having regard t o any observations made by the
Minister and may, if it thinks fit, re-submit the national stan dard
recommendation or the sectoral r egulation recommendation to the
Minister either without amendment or with such amendments as it
thinks fit having regard to those observations.
(2) Any national standard recommendation and any sectoral
regulation recommendation as well as any national standard orde r
or sectoral regulation order for giving effect thereto, may mak e
different provisions for different cases and may contain provis ions
for the amendment or revocation of previous national standard
orders or sectoral regulation orders and may contain any incide ntal,
supplemental or consequential provisions which may appear
necessary for carrying out the provisions of any national standard
order and any sectoral regulation order.
(3) No national standard order or sectoral regulation order shal l
have effect so as to prejudice any rights as to conditions of
employment conferred on any employee by or under any law other
than this Act or by or under any existing contract.
(4) Without prejudice to what is provided in the proviso to
10 CAP. 452.] EMPLOYMENT AND INDUSTRIAL RELATIONS
article 42, if a contract between an employee to whom a nationa l
standard order or a sectoral regulation order applies and the
employer or any collective agreement provides for conditions of
employment less favourable to the employee than those specified in
the order, it shall have effect as if for those conditions ther e where
substituted the conditions specified in the order.
Recognised
conditions of
employment.
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.