Employment and Industrial Relations Act

As per articles 1 and 2 of the Act -

Term Definition
Act Includes omission and references to doing an act or taking action.
Refers to groups or categories of employees listed in a collective
Class agreement or work performed.
Agreement regarding employment conditions between employer(s)
Collective Agreement and employee organization(s).
Comparable Whole-time A whole-time employee in the same establishment engaged in
Employee similar work, considering various factors.
Conciliator Person appointed under Article 68 for conciliation purposes.
Includes various aspects like wages, hours of work, leave, and terms
Conditions of Employment of engagement.
Confinement Birth of a living child or after seven months of pregnancy.
Agreement where a person renders service to an employer for
Contract of Service wages.
Council Joint Negotiating Council established by Article 72.
Court of Inquiry Person(s) appointed under Article 69 for inquiry purposes.
Director General responsible for Employment and Industrial
Director Relations.
Defined as per Article 47 of the Constitution, including Assistance
Disciplined Force and Rescue Force.
Unjustifiable distinction, exclusion, or restriction in a democratic
Discriminatory Treatment society based on various factors.
Person under a contract of service or doing work under another's
Employee direction and control.
Employer Includes various entities engaging individuals for work.
Entity recruiting individuals for employment, temporary work, or
Employment Agency outsourcing.
Employment Relationship A contractual relationship between an employer and employee.
Union representative or duly elected representative in the absence
Employees’ Representative of a recognized union.
Organization mainly consisting of employers regulating relations
Employers’ Association with workers or unions.
Any relationship where one person works or performs services for
Employment another.
Time during which employees are available for service, excluding
Hours of Work meal and rest intervals.
Industrial Tribunal Tribunal established under Title II of the Act.
Minister Minister responsible for Employment and Industrial Relations.
Order regulating conditions of employment for employees in
National Standard Order general.
Entity entering into employment contracts and assigning
Outsourcing Agency employees to other undertakings.
 Term Definition
Person given materials or services for work performed away from
Outworker the employer's control.
Overtime Hours worked in excess of normal working hours.
Parent Includes adoptive parents or persons with legal custody of a child.
Employee with fewer normal working hours than a comparable
Part-time Employee whole-time employee.
Time when employees are available for service, inclusive of rest
Period of Employment intervals.
Includes diseases and impairments to a person's physical or mental
Personal Injury condition.
Prescribed Mandated by the Act, regulations, or rules made under the Act.
Proportion of weekly hours engaged compared to a comparable
Prorata whole-time employee.
Public Office Defined as per the Constitution, including public officer and service.
Recognised Conditions of
Employment Conditions acknowledged in terms of Part II of Title I of the Act.
Explicit acknowledgment of a registered trade union by an
Recognition employer or association for bargaining.
Recruitment of Persons for Entity providing services to match job offers and applications
Employment without entering the employment relationship.
Refers to the registration of a trade union or employers’ association
Registered under this Act.
Registrar The appointed official overseeing the registration of trade unions.
Order regulating employment conditions in a specific sector or
Sectoral Regulation Order class of employees.
Self-employed Persons Individuals pursuing gainful activities independently.
Entity entering into contracts and assigning temporary workers to
Temporary Work Agency user undertakings.
Dispute between employers and workers or between workers,
Trade Dispute connected with various employment matters.
Organization mainly consisting of workers regulating relations with
Trade Union employers or associations.
Tribunal The Industrial Tribunal established under Article 73.
Termination of employment for reasons beyond redundancy or
Unfair Dismissal without proper cause or due process.
Remuneration payable by an employer to an employee, including
Wages bonuses.
Weekly Day of Rest Twenty-four consecutive hours when the employee is not at work.
Employee deemed as such in accordance with recognized
Whole-time Employee conditions of employment.
Whole-time Employee with Employee working fewer hours than standard with social security
Reduced Hours contributions paid.
Individual working under a contract of employment or similar
Worker arrangement.
Part I of the Employment Relations Act pertains to the Employment Relations Board:
 Formation of the Board: The Employment Relations Board, referred to as the "Board," is
appointed by the Minister. It comprises:
 An independent chairperson
 The Director responsible for Employment and Industrial Relations, who acts as the
Deputy Chairperson
 Representatives of employees and employers nominated by the Malta Council for
Economic and Social Development
 Three other persons appointed by the Minister.
 Board Functions: The Board's primary functions include:
 Making recommendations to the Minister on national minimum standard conditions
of employment (national standard recommendation) for potential inclusion in a
national standard order.
 Making recommendations to the Minister on sectoral conditions of employment
(sectoral regulation recommendation) for potential inclusion in a sectoral regulation
order.
 Advising the Minister on employment-related matters or any referred matter.
 Carrying out functions assigned by Article 73 or by law.
 Secretary Appointment: The Minister appoints a public officer to act as the secretary to the
Board.
 Regulation of Procedure: The Board regulates its own procedure, allowing the Chairperson
to vote only in cases of equally divided votes, exercising a casting vote.
 Additional Powers: The Board has the authority to co-opt non-voting members and create
sub-committees.