Employer’s Obligations to inform workers on essential aspects of their work.
The Transparent and Predictable Working Conditions Regulations (Subsidiary Legislation 452.126) were published on 21 October, 2022, and transpose Directive (EU) 2019/1152 of the European Parliament and of the Council of 20 June 2019 on transparent and predictable working conditions in the European Union. These Regulations primarily give workers the right to be informed about the essential aspects of their employment relationship and conditions. The salient features of these Regulations include:
Minimum information – these Regulations list various essential aspects of an employment relationship in respect of which an employer is required to provide written information to all employees, in particular the workers who perform more flexible, atypical and new forms of work.
Timing of information – such minimum information must be made available to the employee within seven (7) calendar days or within one (1) month from the first working day of the commencement of employment, depending on the nature of the information to be provided by the employer.
Modification of conditions – no condition of employment can be modified after the commencement of employment, unless such modification or amendment is a result of a change in laws, regulations or a collective agreement regulating the workplace or is otherwise permitted in terms of law.
Records – these Regulations also highlight the importance of the employer retaining detailed records relating to its employees and their respective employment conditions, and making these available to the Director General responsible for Employment and Industrial Relations upon request.
Zero-hour contracts – as a general rule, the Regulations prohibit zero-hour contracts, namely, contracts or arrangements under which a worker is required to be available for work as and when needed by the employer who, in turn, promises payment on the basis of hours so worked but without guaranteeing a minimum number of hours to the worker.
Parallel employment – an employer may not prohibit a worker from taking up employment with other employers, outside the work schedule established with that employer. Nor may an employer subject a worker to adverse treatment for undertaking any such parallel employment. The Regulations do, however, allow an employer to impose such a prohibition if there are objective grounds, such as health and safety, protection of business confidentiality, the integrity of the public service or the avoidance of conflicts of interest.
Mandatory training – all mandatory training must be made available to employees free of charge, must be counted as working time and shall, if possible, take place during working hours.
Other safeguards – the Regulations also seek to ensure a minimum level of predictability for workers whose work patterns are entirely or mostly unpredictable. Moreover, employees who complete six (6) months of service as well as their probationary period, may request more predictable and secure working conditions.
Offences – in case of violation of these Regulations, the employee may seek redress. Any such violation shall be deemed to be an offence, and a fine (multa) of at least €450 is imposed.
Mariella graduated from the University of Malta with a doctorate in law in 2005. She completed a master’s degree in ‘European Private Law’ from the La Sapienza, University of Rome, and was admitted to the bar in Malta in 2006.
Mariella is a people person – and it is this attribute which has really characterised and shaped her career.
Over the years, she headed the legal departments of several corporate services firms. Due to her skillset, she was also entrusted with managing and overseeing operations and human resources, where she gained technical and practical experience in various corporate, commercial and employment matters.
Her practical hands-on experience and insight perfectly complement Mariella’s technical knowledge of employment law, thus placing her in an ideal position to understand and advise employers and employees alike on various matters that may arise at the workplace.
Mariella is passionate about employment law matters and provides her clients with the highest-quality legal service to achieve the best possible outcome and resolve any employment law related issues and concerns.
Bradley graduated Doctor of Laws from the University of Malta in 2005 and was admitted to the Bar in Malta in 2006. He advises clients on various corporate, commercial, employment and regulatory matters, with particular focus on company and financial services law.
He has assisted clients in various corporate and commercial matters by providing company law advice and assisting in the implementation of corporate finance, restructuring, mergers and acquisitions and similar transactions.
Bradley has also advised and assisted investment funds, fund managers and other investment services providers, banks and financial institutions, on various legal and regulatory matters relating to the setting up, authorisation and ongoing conduct of their activities in Malta.
His practice also covers general employment law matters. Bradley’s experience in company and financial services law enables him to focus on various corporate and regulatory aspects of employment relationships. In particular, he advises organisations on the implementation of employee share option and participation schemes, the implications of business transfers on employment relationships, as well as relations with senior employees.
Karl graduated Doctor of Laws from the University of Malta in 2005 and was admitted to the Bar in Malta in 2006.
Karl has gained considerable expertise in technology law and regularly assists clients in relation to intellectual property issues, commercial contracts and ways to ensure compliance with the General Data Protection Regulation (GDPR) and privacy laws. Whilst such matters used to be only given incidental importance when dealing with employment matters, they are now widely acknowledged to be vital in all employment relationships.
He is also regularly engaged by C-level executives to assist in negotiating employment contracts and settlement agreements.
Karl advises across a multitude of industries including technology; marketing; adtech; financial services; gaming; esports; consumer products; and media and telecommunications.