B 2044
L.N. 267 of 2022
EMPLOYMENT AND INDUSTRIAL RELATIONS ACT
(CAP. 452)
Transparent and Predictable Working Conditions
Regulations, 2022
IN EXERCISE of the powers conferred by article 48(2) of the
Employment and Industrial Relations Act, the Minister responsible for
Employment and Industrial Rela tions has made the following
regulations:-
Citation. 1. The title of these regulations is the Transparent and
Predictable Working Conditions Regulations, 2022.
Scope and 
applicability.2. (1) The scope of these regulations is to 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.
(2) These regulations are to tr anspose minimum requirements
relating to working conditions applicable to every worker in th e
European Union who has an employment contract or employment
relationship as defined by the law, collective agreements or pr actice in
force in each Member State with consideration to the case-law o f the
Court of Justice. 
(3) These regulations apply to  seafarers and sea fishermen
without prejudice to Directives 2009/13/EC and Directive (EU) 2017/159, respectively. The obligations set out in paragraphs (m) and (o) ofregulation 5(1), and in regulat ions 7, 12, 13 and 14 shall not apply to
seafarers or sea fishermen. 
 (4) The rights and obligations set out in these regulations sha ll
apply to all employment relationships by 1 August 2022:
Provided that an employer sha ll provide or complement the
documents referred to in regulations 5(1) and 7 only upon the r equest
of a worker who is already employe d on that date. The absence o f such
a request shall not have the effect of excluding a worker from the
minimum rights established in re gulations 11 to 15 and the provisions
of article 36 of the Act relati ng to the duration of any probationary
period. 
 Interpretation. 3. In these regulations, unless the context otherwise requires:
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Cap. 452. "Act" means the Employment and Industrial Relations Act;
"Court of Justice" means the Court of Justice of the
European Union; 
"Director", "employer", "out worker", "Tribunal", "whole-
time employee", and "worker" s hall have the same meaning as
assigned to them in article 2 of the Act;
"reference hours and days" mean s time slots in specified
days during which work can take place at the request of the
employer;
"work pattern" means the fo rm of organisation of the
working time and its distribution according to a certain patter n
determined by the employer;
"work schedule" means the schedule determining the hours
and days on which performance of work starts and ends;
"zero-hour contract" means a contract of employment or
other work arrangement under which a worker is required to beavailable for work or services as and when needed by theemployer, and where the employer promises payment on the
basis of hours so worked without guaranteeing a minimum
number of hours to the worker. 
Provision of 
information, 
contract of employment. 4. The employer shall provide each worker with the
information required in pursuant to these regulations in writin g. The
information shall be provided and transmitted on paper or, provided
that the information is accessible to the worker, that it can b e stored
and printed, and that the employe r retains proof of transmissio n or
receipt, in electronic form.
Obligation to 
provide 
information. 5.  (1) Employers are required to inform workers of the
essential aspects of the employment relationship. These shall include
at least the following: 
(a) the name, registration num ber and registered place of
business of the employer and a legally valid identificationdocument number, gender, and a ddress of the employee and the
place of work: 
Provided that in the absence of a fixed place of work
it should be stated that the empl oyee will be emp loyed at vario us
places together with the registered place of business: 
Provided further that if there is no registered place of
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business, the domicile of the employer is to be stated;
(b) the place of work. Where there is no fixed or main
place of work, the principle th at the worker is employed at
various places or is free to deter mine his place of work, and the
registered place of business or, where appropriate, the domicil e
of the employer; 
(c) the title, grade, nature or category of work for which
the worker is employed;
(d) brief specification or description of the work; 
(e) the date of commencement of the employment
relationship; 
(f) in the case of a fixed-term employment relationship,
the end date or the expe cted duration thereof; 
(g) in the case of temporary agency workers, the identity
of the user undertakings, w hen and as soon as known; 
(h) the duration and conditions of the probationary
period; 
(i) the training entitlement provided by the employer, if
any; 
(j) the amount of paid leave to which the worker is
entitled, including but not only, vacation leave, paternal leav e,
parental leave, maternity leave, carer’s leave, urgent family
leave, bereavement leave, marriage leave, quarantine leave, juryservice leave, sick leave and injury leave, or, where this cann ot
be indicated when the information is given, the procedures forallocating and determining such leave; 
(k) without prejudice to article 36 of the Act, the
procedure to be observed by the employer and the worker,including the formal requirement s and the notice periods, where
their employment relationship is  terminated or, where the lengt h
of the notice periods cannot be indicated when the information is
given, the method for determ ining such notice periods; 
(l) without prejudice to Title I of Part III of the Act, and
every other legislation in force laying down the minimumremuneration, overtime and special rates of pay, the
remuneration including the initial basic amount, any other
component elements, if applicab le, indicated separately, the
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frequency and method of payment  of the remuneration to which
the worker is entitled and the conditions under which fines may
be imposed by the employer and their quantum; 
S.L. 452.87. (m) without prejudice to the Organisation of Working
Time Regulations, and other more specific provisions relating to
the organisations of working time for certain occupations or
occupational activities, if the work pattern is entirely or mos tly
predictable, the length of the worker’s standard working day or
week and any arrangements for overtime and its remuneration
and, where applicable, any arrangements for shift changes;
(n) if the work pattern is en tirely or mostly unpredictable,
the employer shall inform the worker of: 
(i) the principle that the work schedule is variable,
the number of guaranteed pai d hours and the remuneration
for work performed in addition to those guaranteed hours; 
(ii) the reference hours and days within which the
worker may be required to work; 
(iii) the minimum notice pe riod to which the worker
is entitled before the start of a work assignment and, whereapplicable, the deadline f or cancellation of the work
assignment; 
(o) any collective agreements governing the worker’s
conditions of work or in the case of collective agreements
concluded outside the business by special joint bodies or
institutions, the name of such bodies or institutions within wh ich
the agreements were concluded; 
(p) where it is the responsibility of the employer, the
identity of the social security institutions receiving the soci al
contributions attached to the employment relationship and anyprotection relating to social s ecurity provided by the employer. 
(q) any other relevant or applicable condition of
employment:
Provided that where an empl oyer engages a person under a
contract for service as an outwo rker for an undertaking, he sha ll
provide the employee with a  signed statement showing: 
(a) the name, registration num ber and registered place of
business of the employer and a legally valid identification
document number and addre ss of the employee; and 
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(b) the rate to be paid for the work; and 
(c) any special conditions regulating the contract.
(2) The information referred to i n sub-regulation 1(g) to (l) an d
(o) may, where appropriate, be giv en in the form of a reference  to the
laws, regulations and administrative or statutory provisions or
collective agreements governing that information.
(3) The obligation to provide information referred to in sub-
regulation (1) shall be without p rejudice to the minimum condit ions
laid down in any applicable laws, regulations and administrativ e or
statutory provisions.
Timing and 
means of 
information.6. Where not previously provided in the contract of
employment, the information referred to in paragraphs (a) to (e ), (g),
(k), (l) and (m) of regulation 5(1) shall be provided individua lly to the
worker in the form of one (1) or more documents during a period
starting on the first working day and ending no later than the seventh
calendar day:
Provided that the informati on aforementioned and the
contract of employment shall be  provided during the period star ting on
the first working day and ending no later than the seventh cale ndar
day:
Provided further that the other information referred to in
regulation 5(1) shall be provide d individually to the worker in  the form
of a document within one (1) mon th of the first working day. 
Employees 
required to work 
outside Malta.7. (1) In the case of a worker required to work in a country
other than Malta for a period exceeding four (4) consecutive we eks,
the documents referred to in regulation 6 shall be provided by the
employer to the worker, and be in the worker’s possession, befo re his
departure from Malta and shall include at least the following
additional information:
(a) the country or countries in which the work abroad is
to be performed and its anticipated duration;
(b) the currency to be us ed for the payment of
remuneration;
(c) where applicable, the benefits in cash or in kind
relating to work assignments abroad; and
(d) information as to whether repatriation is provided for,
and if so, the conditions governing the worker’s repatriation.
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(2) The information referred to in paragraph (b) of sub-
regulation (1) may, where appropr iate, be given in the form of a
reference to a specific provisi ons of laws, regulations and
administrative or statutory acts or collective agreements gover ning that
information.
Copy of 
contracts of employment or 
of declarations. 8. A copy of any written contract of empl oyment or statement
or letter of engagement sha ll be kept by the employer. 
Records to be 
kept by employer.9. (1) Every employer shall keep a register or registers
indicating, in respect of each worker:
( a ) t h e  n a m e ,  a d d r e s s ,  g e n d e r ,  a  l e g a l l y  v a l i d
identification document number and date of birth of the worker;
(b) the occupation of the worker;
(c) the date of commen cement of employment;
(d) the nature of the contract of employment namely
whether the contract is of an indefinite or of a fixed duration and
in the case of fixed term contracts of employment the date oftermination of such contract;
(e) the time, paid for at ordi nary time rate s, during which
the worker is employed;
(f) the time, paid for overtime or higher rates, during
which the worker is employed;
(g) the periods of daily and weekly rest accorded to the
worker;
(h) the periods of leave accorded to the worker; 
(i) the total wages paid to the worker each week; and
(j) any change or update in the conditions of the
worker’s occupational status.
(2) In the case of workers who are outworkers, or whose wages
consist of a share in the profits or of a commission on sales or
payments made or received by the employer, employers or the per sons
giving out work to the outworker, as the case may be, shall kee p a
register or registers showing:
( a ) t h e  n a m e ,  a d d r e s s ,  g e n d e r ,  a  l e g a l l y  v a l i d
identification document number and date of birth;
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(b) the date of commencement of the agreement;
(c) the nature of the work;
(d) the rate of wages;(e) the total amount of w ages paid to the worker;
(f) the place or places where t he worker ordinarily works
if such place is not under the control and management of the
employer; and 
(g) the hours of work and daily and weekly rest awarded
to the workers in so far as th e employer is by law required to
observe any such conditions of employment.
(3) It shall be the duty of the employer to furnish the Director
with any information which the Director may request in connectionwith the conditions of employment of the workers including but not
limited to:
(a) the name, gender, a legally valid identification
document number and address;
(b) the occupation;
(c) the date of birth;
(d) the wages paid;
(e) the hours of work;(f) the date of engagement;
(g) a copy of the registers or part thereof, kept in
accordance with the provisions of  these regulations; and
(h) any other information which the Director may request
in connection with the conditions o f employment of the workers.
Modification of 
the employment relationship.10. No condition of employment can be modified or amended
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 place o f work or, without prejudice to  t h e
generality of the foregoing, a result of the application of the proviso to
article 42 of the Act.
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Complementary 
measures for on-
demand contracts. 11. (1) Zero-hour contracts shall be prohibited save for each
of the following exemptions:
 (a) where the nature of the activity concerned requires
the availability of replacement workers on short notice; and as
long as the zero-hour contract is  not the whole-t ime employment
of the worker; 
 (b) where the worker is a full- time student, subject to any
applicable laws, regulations and administrative or statutoryprovisions. In any such case, where a person is a full-time
student, and is at the same time a whole-time worker, the statu s
of a whole-time worker shall prevail. 
(2) The burden of proving the subsistence of any of the
material facts mentioned in this regulation shall lie with the employer.
Parallel 
employment. 12. (1) An employer may not prohibit a worker from taking
up employment with other employers, outside the work schedule
established with that employer, nor subject a worker to adverse
treatment for doing so.
(2) Notwithstanding the provisions of sub-regulation (1), an
employer may prohibit a worker from taking up employment withother employers on the basis of objective grounds, such as heal th and
safety, the protection of busines s confidentiality, the integrity of the
public service or the avoidance of conflicts of interest.
Minimum 
predictability of work.13. (1) Where a worker’s work pattern is entirely or mostly
unpredictable the worker shall not be required to work by the e mployer
unless both of the following conditions are fulfilled: 
(a) the work takes place within predetermined reference
hours and days as referred to in regulation 5(1)(n)(ii); and 
(b) the worker is informed by his employer of a work
assignment within a reasonable not ice period as referred to in
regulation 5(1)(n)(iii):
Provided that a reasonable notice period shall be not
less than:
(i) thirty (30) days for a work assignment having a
duration of six (6)  weeks or more;
(ii) fifteen (15) days for a work assignment having
a duration of more than two (2) weeks and up to five (5)
weeks; 
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(iii) seven (7) days for a work assignment having a
duration of more than one (1) week and up to two (2)
weeks;
(iv) three (3) days for an assignment having a
duration of between five (5) and seven (7) days; and
(v) one (1) day for an assignment having a duration
of less than five (5) days.
(2) Where one or both of the requirements laid down in sub-
regulation (1) is not fulfilled, a worker shall have the right to refuse a
work assignment without adverse consequences.
Transition to 
another form of 
employment.14. (1) A worker with at least six (6) months service with the
same employer, who has complete d his probationary period, if an y,
may request his employer a fo rm of employment with more
predictable and secure working conditions where available and r eceive
a reasoned written reply. 
(2) The employer shall provide  the reasoned written reply
referred to in sub-regulation (1) within one (1) month of the r equest: 
Provided that with respect to natural persons acting as
employers and micro, small, or me dium enterprises, the deadline  for
the provision of the reasoned written reply shall be no more th an three
(3) months of the request and an oral reply may be provided to a
subsequent similar request submitted by the same worker if the
justification for the reply as regards the situation of the wor ker remains
unchanged.
Mandatory 
training. 15. Where an employer is required by European Union law,
national law or by collective agre ements to provide training to  a
worker to carry out the work for which he is employed, such tra ining
shall be provided to the worker free of cost, shall count as wo rking
time, and where possible, shall take place during working hours .
Early settlement 
mechanism.16. (1) Where a worker has not received in due time all or
part of the relevant information according to regulations 5 or 7, the
worker shall have the possibility to submit a complaint to the Director
who shall investigate the matter  and order the employer to prov ide the
worker with the missing information. 
 (2) In any such case the employer in breach of the worker’s
right referred to in sub-regulati on (1) shall be liable to a fi ne (multa ) as
stipulated in regulation 19. 
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Right to redress 
and protection 
against adverse treatment or 
consequences. 17. (1) Each worker, including those whose employment
relationship has ended, shall have a right to dispute resolutio n and a
right to redress in the case of infringements of their rights a rising from
these regulations by lodging a complaint to the competent authorities.
(2) It shall be unlawful to victimise, to subject any worker, or
any workers’ representative to any adverse treatment or for any
worker, or any workers’ representative to suffer any adverse
consequences resulting from a complaint lodged with the employer orresulting from any proceedings ini tiated with the aim of enforc ing
compliance with the rights provided for in these regulations. 
Protection from 
dismissal and 
burden of proof.18. (1) A worker who is dismissed shall be regarded for the
purposes of these regulations as having been unfairly dismissed  if the
reason for the dismissal of the w orker is that the worker refus ed or
proposed to refuse to comply with  a requirement which the emplo yer
imposed or proposed to impose, in contravention of these regula tions,
or refused or proposed to refuse to forgo a right conferred on him or
her by these regulations, or in any other manner, exercised his  rights
provided for in these regulations.
(2) Workers who consider that they have been dismissed, or
have been subject to measures with equivalent effect, on the gr ounds
that they have exercised the rig hts provided for in these regulations,
may request the employer to pro vide duly substantiated grounds for
the dismissal or the equivalent  measures. The employer shall pr ovide
those grounds in writing.
(3) When a worker establishes before the Tribunal facts from
which it may be presumed that there has been such a dismissal or an
equivalent measure, it shall be f or the employer to prove that the
dismissal was based on grounds other than those referred to in sub-
regulation (1).
(4) In cases referred to in sub-regulations (1) and (2), a work er
may present a complaint to the Tribunal set up in terms of Part  III of
Title II of the Act. 
Offences. 19. Any person contravening any pr ovision of these regulations
shall be guilty of an offence and shall, on conviction, be liab le to a fine
(multa) of not less than four hundred and fifty euro (€450).
More favourable 
provisions.20. (1) These regulations shall be applicable without
prejudice to the introduction and implementation of provisions in
collective agreements or any other agreement entered into betwe en
employers and workers which are more favourable to the protecti on of
workers. 
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Ippubblikat mid-Dipartiment tal-Informazzjoni (doi.gov.mt) — Valletta — Published by the Department of Information (doi.gov.mt) — Valletta
Mitbugħ fl-Istamperija tal-Gvern fuq karta FSC — Printed at the Government Printing Press on FSC certified paper
Prezz/Price
€0.99B 2054
Repeal and 
saving. S.L.452.83.(2) These regulations are without prejudice to any other rights
conferred on workers by ot her legal acts of the European Union.  
21. (1) The Information to Employees Regulations are
hereby repealed.
(2) The revocation of the re gulations referred to in sub-
regulation (1) shall be without p rejudice to the validity of an ything
done or omitted to be done thereunder.
(3) These regulations  supersede any less favourable relevant
provisions in any regulations, or ders or other subsidiary legis lation
made under or kept in force under the Act and in case of any
inconsistency between such legis lation and these regulations, t hese
regulations shall prevail.
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