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Global Compliance Desk – Malta

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In the month of August of 2018, four legal notices were published which made amendments to annual leave entitlement, itemized payslips, transfer of business legislation and temporary agency workers. The amendments made to annual leave entitlement, itemized payslips, and organization of working time regulations are applicable from January 1, 2019.

Legal Notice 439

This Legal Notice amended the existing Itemized Payslip Regulation to state that an employer shall provide employees with an itemized payslip either before or on the date when the wages are to be paid without including in it the sick leave taken by the employee. An employee has a right to request the sick leave entitlement balance up to 4 times in a year.

Legal Notice 440

This notice amended the principles of Annual Leave Regulation to state that an employer may only utilize up to 12 working days (the equivalent in hours) from the annual leave of the employees temporary closure of whole or part of the premises by the employer for bridge holidays or for any type of short period closure and shall provide a written statement with justified reasons. The utilization of forced leave which exceeds the annual leave entitlement does not cause a civil debt in favor of the employer. An employer and an employee should mutually agree and decide on days when leaves are being taken.

Legal Notice 444

This notice has amended the Organisation of Working Time Regulations to introduce an extra 8 hours of paid leave.  This increases the total annual leave entitlement to 208 hours as from 2019.

Disclaimer: The material provided above is for informational purposes only and is subject to change. We endeavor to keep all material up-to-date and correct but make no representations about the information's completeness, accuracy, or reliability. Laws vary by jurisdiction and are subject to change and interpretation based on individual factors that may differ between organizations. The material is not meant to constitute legal advice and we suggest you seek the advice of legal counsel in connection with any of the information presented.
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