Country report, gender equality : how are EU rules transposed into national law? : Malta 2025.
Date: 2025-08-01
Institutions: Directorate-General for Justice and Consumers
Subjects: Malta, age discrimination, application of EU law, equal pay, equal treatment, gender equality, maternity leave, national law, parental leave, paternity leave, pension scheme, report, sexual discrimination, sexual harassment, social security

Malta 
2025 

 
 
 
 
 
 
EUROPEAN COMMISSION 

Directorate-General for Justice and Consumers 
Directorate D — Equality and Non-Discrimination 
Unit D.3 Gender Equality 

European Commission 
B-1049 Brussels 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
EUROPEAN COMMISSION 

Country report  

Gender equality 

How are EU rules transposed into 
national law? 

Malta 

Romina Bartolo 

Reporting period 1 January 2024 – 1 January 2025 

2025  Directorate-General for Justice and Consumers 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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Luxembourg: Publications Office of the European Union, 2025 

© European Union, 2025 

PDF  

ISBN 978-92-68-24205-6 

ISSN 2600-0164  

doi: 10.2838/4024077    DS-01-25-032-EN-N 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Country report – Gender equality – Malta – 2025 

CONTENTS 
1

Introduction ............................................................................................... 5
Basic structure of the national legal system ............................................ 5
1.1
List of main legislation transposing and implementing the directives .......... 5
1.2
Sources of law .................................................................................... 7
1.3
1.4
Main surveys, reports on gender equality and other issues ....................... 7
General legal framework ............................................................................ 9
Constitution ........................................................................................ 9
2.1
Equal treatment legislation ................................................................... 9
2.2
Implementation of central concepts ......................................................... 11
Sex/gender/transgender .................................................................... 11
3.1
Direct sex discrimination .................................................................... 12
3.2
Indirect sex discrimination .................................................................. 13
3.3
Multiple discrimination and intersectional discrimination ......................... 14
3.4
Positive action ................................................................................... 14
3.5
Harassment and sexual harassment ..................................................... 16
3.6
Instruction to discriminate .................................................................. 18
3.7
Other forms of discrimination .............................................................. 18
3.8
Evaluation of implementation .............................................................. 19
3.9
3.10
Remaining issues ............................................................................... 19
Equal  pay  and  equal  treatment  at  work  (Article 157  of  the  Treaty  on  the 
Functioning of the European  Union (TFEU) and Recast  Directive 2006/54)
 ................................................................................................................. 20
General (legal) context....................................................................... 20
4.1
Equal pay ......................................................................................... 20
4.2
Access to work, working conditions and dismissal .................................. 24
4.3
Evaluation of implementation .............................................................. 25
4.4
4.5
Remaining issues ............................................................................... 25
Work-life  balance  issues:  pregnancy,  maternity,  family-related  leave  and 
flexible  working  arrangements  (Directive 92/85,  relevant  provisions  of 
Directives 2006/54, and Directive 2019/1158) ....................................... 27
General (legal) context....................................................................... 27
5.1
Pregnancy and maternity protection .................................................... 27
5.2
Maternity leave ................................................................................. 31
5.3
Paternity leave .................................................................................. 32
5.4
Adoption leave .................................................................................. 33
5.5
Parental leave ................................................................................... 34
5.6
Child-related leave in relation to surrogacy ........................................... 37
5.7
Carers’ leave ..................................................................................... 38
5.8
Time off for force majeure .................................................................. 39
5.9
Flexible working time arrangements (FWAs) ......................................... 40
5.10
Evaluation of implementation .............................................................. 41
5.11
5.12
Remaining issues ............................................................................... 41
Occupational social security schemes (Chapter 2 of Directive 2006/54) .. 42
General (legal) context....................................................................... 42
6.1
Direct and indirect discrimination ........................................................ 42
6.2
Personal scope .................................................................................. 42
6.3
Material scope ................................................................................... 42
6.4
Exclusions ........................................................................................ 43
6.5
Laws and case law falling under the examples of sex discrimination mentioned 
6.6
in Article 9 of Directive 2006/54 .......................................................... 43
6.7
Actuarial factors ................................................................................ 43
6.8
Difficulties ........................................................................................ 43
6.9
Evaluation of implementation .............................................................. 43
Remaining issues ............................................................................... 43
6.10
Statutory schemes of social security (Directive 79/7) ............................. 44
General (legal) context....................................................................... 44
7.1

2

3

4

5

6

7

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Country report – Gender equality – Malta – 2025 

9

8

7.2

Implementation  of  the  principle  of  equal  treatment  for  men  and  women  in 
matters of social security .................................................................... 44
Personal scope .................................................................................. 44
7.3
Material scope ................................................................................... 44
7.4
Exclusions ........................................................................................ 44
7.5
Actuarial factors ................................................................................ 44
7.6
Difficulties ........................................................................................ 45
7.7
Evaluation of implementation .............................................................. 45
7.8
Remaining issues ............................................................................... 45
7.9
Self-employed  workers  (Directive 2010/41/EU  and  some 
relevant 
provisions of the Recast Directive) ........................................................... 46
Implementation of Directive 2010/41/EU .............................................. 46
8.1
Personal scope .................................................................................. 46
8.2
Material scope ................................................................................... 47
8.3
Positive action ................................................................................... 47
8.4
Social protection ............................................................................... 47
8.5
Maternity benefits.............................................................................. 48
8.6
Occupational social security ................................................................ 48
8.7
Prohibition of discrimination ................................................................ 48
8.8
Evaluation of implementation .............................................................. 48
8.9
8.10
Remaining issues ............................................................................... 49
Goods and services (Directive 2004/113) ................................................ 50
General (legal) context....................................................................... 50
9.1
Prohibition of direct and indirect discrimination ..................................... 50
9.2
Material scope ................................................................................... 52
9.3
Exceptions ........................................................................................ 52
9.4
Justification of differences in treatment ................................................ 52
9.5
Actuarial factors ................................................................................ 52
9.6
Interpretation of exception contained in Article 5(2) of Directive 2004/113 52
9.7
Positive action measures (Article 6 of Directive 2004/113) ...................... 53
9.8
Specific problems related to pregnancy, maternity or parenthood ............ 53
9.9
Evaluation of implementation .............................................................. 54
9.10
9.11
Remaining issues ............................................................................... 54
Violence  against  women  and domestic violence  in  relation to  the Istanbul 
Convention  and  the  Violence  Against  Women  Directive  (Directive  (EU) 
2024/1385) ............................................................................................. 55
General (legal) context with regard to the obligation set out by the Istanbul 
10.1
Convention ....................................................................................... 55
General context with regard to the obligation set out by the Violence Against 
Women Directive ............................................................................... 58
10.3
Ratification of the Istanbul Convention ................................................. 59
Compliance  and  enforcement  aspects  (horizontal  provisions  of  all 
directives) ................................................................................................ 60
General (legal) context....................................................................... 60
11.1
Victimisation ..................................................................................... 60
11.2
Access to courts ................................................................................ 61
11.3
Horizontal effect of the applicable law .................................................. 61
11.4
Burden of proof ................................................................................. 61
11.5
Remedies and sanctions ..................................................................... 62
11.6
Equality body .................................................................................... 63
11.7
Social partners .................................................................................. 65
11.8
Other relevant bodies......................................................................... 66
11.9
Evaluation of implementation .............................................................. 66
11.10
11.11
Remaining issues ............................................................................... 66
Overall assessment .................................................................................. 67
12
Bibliography ..................................................................................................... 68

10.2

10

11

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Country report – Gender equality – Malta – 2025 

1 

Introduction 

1.1  Basic structure of the national legal system 

The supreme law of Malta is the Constitution of 1964, as amended. Malta is an independent 
republic  with a parliamentary system of government. Parliament makes laws  subject to 
respect for Malta’s international obligations, including membership of the European Union. 
The  European  Union  Act  of  2003  made  European  Union  law  applicable  and  effective  in 
Malta. Enforcement is through a system of courts: at the top is the Court of Appeal and 
the Constitutional Court, below them is the Civil Court and the Criminal Court, and below 
that  are  the  Magistrates  courts.  Constitutional  matters  are  ultimately  decided  by  the 
Constitutional Court. Gender equality legislation is a matter for Parliament and often takes 
the form of ministerial secondary or ‘subsidiary’ legislation (denoted by the prefix ‘SL’) by 
virtue of enabling or primary law. Article 14 of the Constitution states:  

‘The State shall promote the equal right of men and women to enjoy all economic, 
social, cultural, civil and political rights and for this purpose shall take appropriate 
measures to eliminate all forms of discrimination between the sexes by any person, 
organisation or enterprise; the State shall in particular aim at ensuring that women 
workers enjoy equal rights and the same wages for the same work as men.’ 

1.2  List of main legislation transposing and implementing the directives 

Acts and subsidiary legislation (SL).1 

Employment and Industrial Relations Act (Chapter 452, Laws of Malta) (EIRA) 

- 

- 

- 

- 

- 

- 

SL 452.79, Part-Time Employees Regulations of 1 January 2003 as amended in 2007, 
2008, 2010 and 2016 implementing Directive 97/81/EC the framework agreement 
on part-time working; 

SL  452.81,  Contracts  of  Service  for  a  Fixed  Term  Regulations  of  15  June  2007  as 
amended  in  2008  and  2009  implementing  Directive 1999/70  concerning  the 
framework agreement on fixed-term work; 

SL 452.87, Organisation of Working Time Regulations of 5 April 2004 as amended in 
2007, 2012, 2017 and 2018 implementing Directive 2003/88/EC concerning certain 
aspects of the organisation of working time; 

SL  452.88,  Urgent  Family  Leave  Regulations  of  5  April  2004  as  amended  in  2007 
implementing Directive 2010/18/EU the revised framework agreement on parental 
leave and repealing Directive 96/34/EC; 

SL 452.89, Employment and Industrial Relations Interpretation Order of 7 October 
2003 
implementing  Council  Directive 2000/43/EC  of  29  June  2000  and 
Directive 2000/78/EC of 27 November 2000, prohibiting discrimination on the basis 
of religion or belief, disability, age, sexual orientation, race or ethnic origin; 

in  2004,  2007,  2011,  2012  and  2014 

SL 452.91, Protection of Maternity (Employment) Regulations of 5 January 2004 as 
implementing  Council 
amended 
Directive 92/85/EEC  of  19  October  1992  on  the  introduction  of  measures  to 
encourage improvements in the safety and health at work of pregnant workers and 
workers who have recently given birth or are breastfeeding; 

1   See: http://www.justiceservices.gov.mt/LOM.aspx?pageid=24. 

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Country report – Gender equality – Malta – 2025 

SL 452.95, Equal Treatment in Employment Regulations (ETE Regs) of 5 November 
2004  as  amended  in  2007,  2008,  2011  and  2014  implementing  the  relevant 
provisions of Council Directives 76/207/EEC, 2000/78/EC, 2000/43/EC, 2002/73/EC 
and 2006/54/EC; 

SL  452.97,  Extension  of  Applicability  to  Service  with  Government  (Part-Time 
Employees)  Regulations  of  9  March  2007  implementing  Directive 97/81/EC  the 
framework agreement on part-time working; 

SL  452.99,  Extension  of  Applicability  to  Service  with  Government  (Contracts  of 
Service 
implementing 
for  a  Fixed  Term)  Regulations  of  15  June  2007 
Directive 1999/70 concerning the framework agreement on fixed-term work; 

SL 452.100, Extension of Applicability to Service with Government (Equal Treatment 
in Employment) Regulations of 13 March 2007 implementing the relevant provisions 
of  Council  Directives  76/207/EEC,  2000/78/EC,  2000/43/EC,  2002/73/EC  and 
2006/54/EC; 

SL 452.102, Extension of Applicability to Service with Government (Parental Leave 
Entitlement  Regulations  and  Urgent  Leave)  Regulations  of  1  December  2009 
implementing Directive 2010/18/EU the revised framework agreement on parental 
leave and repealing Directive 96/34/EC; 

SL  452.105,  Extension  of  Applicability  to  Service  with  Government  (Protection  of 
Maternity  Employment)  Regulations  of  22  October  2010  implementing  Council 
Directive 92/85/EEC  of  19  October  1992  on  the  introduction  of  measures  to 
encourage improvements in the safety and health at work of pregnant workers and 
workers who have recently given birth or are breastfeeding; and 

Legal  Notice  263/2020  Leave  for  Medically  Assisted  Procreation  National  Standard 
(Amendment) Order 2020. 

Equality for Men and Women Act, Chapter 456, Laws of Malta [EMWA] of 9 December 
2003 implementing Directive 2006/54/EC on equal treatment for men and women in 
matters of employment and occupation and Directive 2010/41/EU on the application 
of the principle of equal treatment between men and women engaged in an activity 
in a self-employed capacity. 

SL  456.01,  Access  to  Goods  and  Services  and  their  Supply  (Equal  Treatment) 
Regulations  (AGS  Regulations)  of  1  August  2008 
implementing  Council 
Directive 2004/113/EC implementing the principle of equal treatment between men 
and  women  in  the  access  to  goods  and  services  and  their  supply  and  the 
Communication  from  the  European  Commission  (22.12.2011  C(2011)  9497) 
containing  guidelines  on  the  application  of  Council  Directive 2004/113/EC  to 
insurance, in the light of the judgment of the Court of Justice of the European Union 
in Case C-236/09 (Test-Achats); 

SL  452.125,  Work-Life  Balance  for  Parents  and  Carers  Regulations  implementing 
Directive 2019/1158  on  work-life  balance  for  parents  and  carers  and  repealing 
Council Directive 2010/18/EU; and 

Legal Notice 317/2005 of the Social Security Act (Chapter 318, Laws of Malta) Equal 
Treatment in Occupational Social Security Schemes Regulation, 2005 implementing 
the  relevant  provisions  of  Council  Directive 86/378  as  amended  by  Council 
Directive 96/97 on the implementation of the principle of equal treatment for men 
and women in occupational social security schemes. 

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Country report – Gender equality – Malta – 2025 

- 

Legal  Notice  376/2024,  Promotion  of  Gender  Balance  among  Directors  of  Listed 
Companies Regulations 2024 

1.3  Sources of law 

The main sources of gender equality law are: national legislation as described above; other 
national  legislation  such  as  the  Domestic  Violence  Prevention  Act; 2  EU  gender  equality 
law; international treaties, such as the Istanbul Convention on preventing and combating 
violence  against  women  and  domestic  violence;  the  Discrimination  (Employment  and 
Occupation) Convention; the Equal Remuneration Convention; the European Convention 
on  Human  Rights;  the  European  Social  Charter,  the  Convention  on  the  Nationality  of 
Married Women, the Convention on the Political Rights of Women; the Convention on the 
Elimination of all Forms of Discrimination against Women; and case law. Opinions of the 
equality bodies do not play an important role, since they are not binding unless the parties 
agree that they should be binding. However, when the opinions of the equality bodies are 
reported in the press, they raise awareness about the issues involved. 

1.4  Main surveys, reports on gender equality and other issues 

In May 2024, the National Commission for the Promotion of Equality (NCPE) published a 
research study titled Perceptions and Attitudes of Women and Men in Malta towards Work-
Life  Balance:  With  a  Specific  Focus  on  Family  Size.3  The  study  includes  a  number  of 
recommendations in view of the fact that Malta has one of the lowest fertility rates within 
the European Union. 

In  June  2023  the  NCPE  published  a  research  study  titled  The  Prevalent  Gender  Role 
Perceptions and Attitudes among Adults Living in Malta,4 which was aimed at investigating 
the  prevalence  of  traditional  gender  roles  and  attitudes  among  adults  to  find  whether 
sexual stereotypes still prevail. The results of the survey point towards the reiteration of 
some traditional gender role expectations. 

The  COVID-19  pandemic  –  Research  on  the  distribution  of  work  in  households,  a  study 
prepared  by  the  NCPE  assesses  the  unequal  distribution  of  unpaid/informal  work  within 
households  between  women  and  men  from  an  online  survey  disseminated  between  23 
June  and  13  July  2020.  It  reaffirmed  the  uneven  distribution  of  unpaid  household  and 
caring responsibilities.5 

A research study published by the NCPE in 2020 explored equal pay tools in Europe and 
the  development  of  technical  specifications  for  a  Maltese  equal  pay  tool.  The  research 
study looks into equal pay tools that have been successful in other countries in order to 
design a tool that can be used in Malta. 6 

A research study on equal pay in collective bargaining was published by the NCPE in 2020. 
It  explores  the  concepts  of  ‘equal  pay  for  same  work’  and  ‘equal  pay  for  work  of  equal 
value’ between women and men and goes into issues of transparency and lower grading 
attributed to jobs that are dominated by women. The study focuses on the challenges that 

2   Chapter 636 of the Laws of Malta https://legislation.mt/eli/cap/636/eng. 
3   https://online.fliphtml5.com/dbpti/arbk/#p=3. 
4   https://ncpe.gov.mt/wp-content/uploads/2024/03/The-Prevalent-Gender-Role-with-final-corrections.pdf. 
5   National Commission for the Promotion of Equality (2021) The COVID-19 pandemic – Research on the 

distribution of work in households, available at: https://ncpe.gov.mt/wp-
content/uploads/2023/06/The_COVID_19_pandemic_Research_on_the_distribution_of_work_in_household
s.pdf. 

6   National Commission for the Promotion of Equality (2020) Research study on existent equal pay tools in 

Europe and the development of technical specifications for the Equal Pay Tool, available at: 
https://ncpe.gov.mt/wp-content/uploads/2023/06/NCPE_EPT_Presentation_KPMG_26.11.2020.pdf. 

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Country report – Gender equality – Malta – 2025 

are faced by European trade unions when bargaining for equal pay as well as their role in 
achieving equal pay through collective bargaining.7 

The National Statistics Office published statistics on reconciling work and family life on the 
basis  of  the  Labour  Force  Survey  for  2018.8  Pertinent  findings  include:  slightly  more 
women  (41 701)  had  childcare  responsibilities  than  men  (40 452);  women  with  care 
responsibilities worked in paid employment on  average 34.3 hours per week while men 
worked 42.2 hours per week, that is 8 hours more; almost 1 in 5 women reduced their 
working  time  to  address  care  responsibilities,  whereas  12.7 %  of  men  sought  ways  in 
which they could increase their income; and teleworking arrangements were used by more 
women (17.4 %) than by men (11.4 %). 

7   National Commission for the Promotion of Equality (2020) Equal Pay for Work of Equal Value between 

Women and Men in Collective Bargaining, available at: https://ncpe.gov.mt/wp-
content/uploads/2023/06/TU_Research_Study.pdf. 

8   National Statistics Office of Malta (2020) Reconciliation between work and family life, 2018, available at: 

https://nso.gov.mt/wp-content/uploads/Reconciliation-between-work-and-family-life-2018.pdf. 

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Country report – Gender equality – Malta – 2025 

2 

General legal framework 

2.1  Constitution 

2.1.1  Constitutional ban on sex discrimination 

Article 45 of the Constitution provides as follows: 

(1) 

‘Subject to the provisions of sub-articles (4), (5) and (7) of this article, no law shall 
make any provision that is discriminatory either of itself or in its effect. 

(3) 

(2)  Subject to the provisions of sub-articles (6), (7) and (8) of this article, no person 
shall be treated in a discriminatory manner by any person acting by virtue  of any 
written law or in the performance of the functions of any public office or any public 
authority. 
In this article, the expression “discriminatory” means affording different treatment 
to different persons attributable wholly or mainly to their respective descriptions by 
race,  place  of  origin,  political  opinions,  colour,  creed,  sex,  sexual  orientation  or 
gender identity whereby persons of one such description are subjected to disabilities 
or restrictions to which persons of another such description are not made subject or 
are accorded privileges or advantages which are not accorded to persons of another 
such description.’ 

2.1.2  Other constitutional protection of equality between men and women  

The Constitution lists the following principles: 

- 

- 

- 

right  to  work  for  all  citizens  and  the  responsibility  of  the  state  in  promoting  the 
conditions to make this right effective (Article 7); 

state protection of work and promotion of the advancement of workers (Article 12); 
and 

the equal right of men and women to enjoy all economic, social, cultural, civil and 
political  rights,  for  which  purpose  the  state  will  take  appropriate  measures  to 
eliminate all forms of discrimination between the sexes by any person, organisation 
or enterprise; in particular the state will aim at ensuring that women workers enjoy 
equal rights and the same wages for the same work as men (Article 14 – rights of 
women workers). 

2.2  Equal treatment legislation 

The  main  law  prohibiting  sex  discrimination  is  the  Equality  for  Men  and  Women  Act, 
(EMWA) (Chapter 456 of the Laws of Malta). Other legislation includes the Employment 
and Industrial Relations Act (EIRA), and the Gender Identity, Gender Expression and Sex 
Characteristics  Act  2013  (Chapter  540  of  the  Laws  of  Malta),  the  Cohabitation  Act 
(Act XXVII  of 2020), the Affirmation  of Sexual Orientation,  Gender Identity and Gender 
Expression  Act  (Chapter  567  of  the  Laws  of  Malta)  and  the  Gender-Based  Violence  and 
Domestic  Violence  Act  (Chapter  581  of  the  Laws  of  Malta).  The  relevant  secondary 
legislation includes: The Work-Life Balance for Parents and Carers Regulations, Part-Time 
Employees Regulations, Contracts of Service for a Fixed Term Regulations, Organisation 
of  Working  Time  Regulations,  Urgent  Family  Leave  Regulations,  Employment  and 
Industrial  Relations  Interpretation  Order,  Protection  of  Maternity  (Employment) 
Regulations,  Equal  Treatment  in  Employment  Regulations  (ETE  Regs),  Extension  of 
Applicability to Service with Government (Part-Time Employees) Regulations, Extension of 
Applicability  to  Service  with  Government  (Contracts  of  Service  for  a  Fixed  Term) 
Regulations,  Extension  of  Applicability  to  Service  with  Government  (Equal  Treatment  in 
Employment) Regulations, Minimum Special Leave Entitlement Regulations, Extension of 

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Country report – Gender equality – Malta – 2025 

Applicability  to  Service  with  Government  (Parental  Leave,  Entitlement  Regulations  and 
Urgent  Leave)  Regulations,  Extension  of  Applicability  to  Service  with  Government 
(Protection  of  Maternity  Employment)  Regulations,  Extension  of  Applicability  to  Service 
with Government (Employment Status) Regulations Act III of 2013, Access to Goods and 
Services  and  their  Supply  (Equal  Treatment)  Regulations  (AGS  Regulations),  the 
Promotion of Gender Balance among Directors of Listed Companies Regulations, 2024 and 
the Procedure for Investigation Regulations. 

Besides  sex  discrimination,  other  discrimination  grounds  covered  by  national  equal 
treatment legislation are gender, family responsibilities, sexual orientation, age, religion 
or belief, racial or ethnic origin, gender identity, gender expression or sex characteristics. 

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Country report – Gender equality – Malta – 2025 

3 

Implementation of central concepts9 

3.1  Sex/gender/transgender 

3.1.1  Definition of ‘gender’ and ‘sex’ 

A  manual  published  by  the  National  Commission  for  the  Promotion  of  Equality  in  Malta 
(NCPE) defines sex as the biological and physiological characteristics that define men and 
women.  Male  and  female  characteristics  are  differentiated  by  genes,  hormones, 
reproductive  organs  and  other  physical  features.10  The  manual  describes  gender  as  the 
‘socially  constructed  roles,  behaviours,  activities,  and  attributes  that  a  given  society 
considers appropriate for femininity and masculinity’11. The variables which make up the 
concept  of  gender  may  vary  from  one  society  to  another  or  even  in  different  contexts 
within the same society. From birth, society attaches ‘cultural roles’, which are dependent 
on the sex of the child. Unless these roles are challenged, individuals become the products 
of this cultural conditioning.12 

3.1.2  Protection of transgender, intersex and non-binary persons  

The  law  explicitly  prohibits  discrimination  on  grounds  of  ‘gender  identity,  gender 
expression or sex characteristics’. The Affirmation of Sexual Orientation, Gender Identity 
and Gender Expression Act (Chapter 567 of the Laws of Malta) was implemented to affirm 
that all persons have a sexual orientation, a gender identity and a gender expression, and 
that  no  particular  combination  of  these  three  characteristics  constitutes  a  disorder, 
disease,  illness,  deficiency,  disability  and/or  shortcoming.  Moreover,  Article 3  of  the 
Gender Identity, Gender Expression and Sex Characteristics Act (Chapter 540 of the Laws 
of Malta) provides that all persons being citizens of Malta have the right to the recognition 
of their gender identity; the free development of their person according to their gender 
identity; be treated according to their gender identity and, particularly, to be identified in 
that  way  in  the  documents  providing  their  identity  therein;  and  bodily  integrity  and 
physical autonomy. Thus, there are no gaps in the law. 

Table 1: Protection of transgender, intersex and non-binary persons 

Are gender identity/transgender 
status/intersex status/sex characteristic 
etc. specific grounds of prohibited 
discrimination?  

Is discrimination against 
transgender, intersex and non-
binary persons forbidden on the 
basis of the existing prohibition 
on sex discrimination?  

Yes: gender identity/transgender; non-binary; 
sex characteristics.13 

Independent protection. 

3.1.3  Specific requirements 

The person does not need to provide proof of a surgical procedure for total or partial genital 
reassignment,  hormonal  therapies  or  any  other  psychiatric,  psychological  or  medical 
treatment to make use of the right to gender identity. A Maltese citizen has the right to 

9   See Burri, S. (2018), EU gender equality law – update 2018, European network of legal experts in gender 
equality and non-discrimination, available at https://www.equalitylaw.eu/downloads/4767-eu-gender-
equality-law-update-2018-pdf-444-kb. 

10   NCPE (2008) Gender Sensitivity Manual, p. 7, available at: https://ncpe.gov.mt/wp-

content/uploads/2023/06/manual.pdf. 

11   See: https://ncpe.gov.mt/wp-content/uploads/2023/06/manual.pdf. 
12   NCPE (2008) Gender Sensitivity Manual, p. 8, available at: https://ncpe.gov.mt/wp-

content/uploads/2023/06/manual.pdf. 

13   See: https://legislation.mt/eli/cap/567/eng. 

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Country report – Gender equality – Malta – 2025 

request a change to the recorded gender and/or first name, if the person so wishes, by 
means of a note of registration and no evidence other than a declaratory public deed is 
required. 

3.2  Direct sex discrimination 

3.2.1  Explicit prohibition  

Direct discrimination is explicitly prohibited in national legislation. 

Article 4 of the Equality for Men and Women Act states that  

‘it  shall  be  unlawful  for  employers  to  discriminate,  directly  or  indirectly,  against  a 
person  in  the  arrangements  made  to  determine  or  in  determining  who  should  be 
offered  employment  or  in  the  terms  and  conditions  on  which  the  employment  is 
offered or in the determination of who should be dismissed from employment.’ 

The law specifies that ‘“discrimination” means  

‘discrimination based on sex or because of family responsibilities, sexual orientation, 
age, religion or belief, racial or ethnic origin, or gender identity, gender expression 
or  sex  characteristics  and  includes  the  treatment  of  a  person  in  a  less  favourable 
manner than another person is, has been or would be treated on these grounds and 
“discriminate” shall be construed accordingly’.14 

The law does not provide a definition of direct and indirect discrimination but stipulates 
that ‘indirect discrimination may be proved by any means of evidence including statistical 
evidence.’ 

The Access to Goods and Services and their Supply (Equal Treatment) Regulations state 
that  

‘“direct discrimination”  shall be deemed to occur where one person is treated less 
favourably, on grounds of sex, than another is, has been or would be treated in a 
comparable situation.’ 

This definition complies with the EU definition of Directive 2004/113. 

3.2.2  General discrimination 

General  discrimination  is  prohibited  in  Malta.  Article 4(1)  of  the  Equality  for  Men  and 
Women Act states:  

‘It  shall  be  unlawful  for  employers  to  discriminate,  directly  or  indirectly,  against  a 
person  in  the  arrangements  made  to  determine  or  in  determining  who  should  be 
offered  employment  or  in  the  terms  and  conditions  on  which  the  employment  is 
offered or in the determination of who should be dismissed from employment’. 

If  this  provision  were  to  be  given  a  wide  interpretation,  one  could  include  general 
discrimination in the offering of employment. 

Moreover, Article 10 of the Equality for Men and Women Act specifies that it is unlawful 
for persons to publish or display or cause to be published or displayed any advertisement, 
or  otherwise  to  advertise  a  vacancy  for  employment,  which  discriminates  between  job 
seekers. 

14   See: https://legislation.mt/eli/cap/456/eng. 

12 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Country report – Gender equality – Malta – 2025 

In such cases, a victim can lodge a complaint with the equality body. Article 12 stipulates 
the  functions  of  the  Equality  Commissioner,  including  that  of  carrying  out  general  and 
independent  investigations  with  a  view  to  determining  whether  the  provisions  of  the 
Equality for Men and Women Act are being complied with. 

3.2.3  Specific difficulties 

There are no reported difficulties. 

3.3  Indirect sex discrimination15 

3.3.1  Explicit prohibition 

Article 4  of the Equality for  Men and Women Act (EMWA) and Article 4 of the Access to 
and  the  Supply  of  Goods  and  Services  Regulations  explicitly  prohibit  indirect 
discrimination. 

Article 2 of EMWA defines discrimination based on sex or because of family responsibilities 
as the giving of less favourable treatment, directly  or indirectly, to men and women on 
the  basis  of  their  sex  or  because  of  family  responsibilities,  among  other  grounds  of 
discrimination. 

Regulation  3  of  the  Equal  Treatment  in  Employment  Regulations  contains  definitions  of 
direct and indirect discrimination and of harassment and sexual harassment. 

Indirect discrimination is defined in national legislation as  

‘an apparently neutral provision, criterion or practice would put persons of one sex 
at  a  particular  disadvantage  compared  with  persons  of  the  other  sex,  unless  that 
provision,  criterion  or  practice  is  objectively  justified  by  a  legitimate  aim  and  the 
means of achieving that aim are appropriate and necessary’.16 

In the view of the author of this report, this complies with EU law. 

3.3.2  Statistical evidence 

Section 4A of the EMWA provides that ‘indirect discrimination may be proved by any means 
of evidence including statistical evidence.’ There is no case law available. 

3.3.3  Application of the objective justification test 

There are no reported cases. 

3.3.4  Specific difficulties 

No specific difficulties arise. 

15   See for more information Mulder, J. (2021) Indirect sex discrimination in employment, European network of 

legal experts in gender equality and non-discrimination, available at: 
https://www.equalitylaw.eu/downloads/5362-indirect-discrimination-in-employment-pdf-1-434-kb. 

16   See Article 4 of the Equality for Men and Women Act and Article 4 of the Access to and the Supply of Goods 

and Services Regulations. 

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Country report – Gender equality – Malta – 2025 

3.4  Multiple discrimination and intersectional discrimination17 

3.4.1  Definition and explicit prohibition 

Article 3A of the Equal Opportunities (persons with disability) Act (Chapter 413 of the Laws 
of Malta) states that  

‘a person discriminates with another person in a multiple manner if apart from the 
disability there exists discrimination inter alia due to gender, age, civil status, sexual 
orientation,  race,  ethnicity,  beliefs,  skin  colour,  trade  union  affiliation  or  political 
belief.’ 

Moreover, Section 5 of the pending equality bill18 states that  

‘Discrimination may occur: (a) on the basis of a single ground, which shall be deemed 
to  occur  when  a  person  is  discriminated  against  on  the  basis  of  only  one  of  the 
protected  characteristics;  or  (b)  on  the  basis  of  multiple  grounds,  which  shall  be 
deemed  to  occur  when  a  person  is  discriminated  against  on  the  basis  of  a 
combination of two or more of the protected characteristics.’ 19 

3.4.2  Case law and judicial recognition  

There is no case law or judicial recognition to report. 

3.5  Positive action 20 

3.5.1  Definition and explicit prohibition 

Article 45 of the Constitution, which prohibits discrimination, provides that  

‘nothing in the provisions of this article shall apply to any law or anything done under 
the authority of a law, or to any procedure or arrangement, in so far as such law, 
thing done, procedure or arrangement provides for the taking of special measures 
aimed at accelerating de facto equality between men and women, and in so far only 
as  such  measures,  taking  into  account  the  social  fabric  of  Malta,  are  shown  to  be 
reasonably justifiable in a democratic society.’ 

The AGS Regulations provide for positive action: 

‘With  a  view  to  ensuring  full  equality  in  practice  between  men  and  women,  the 
principle  of  equal  treatment  shall  not  prevent  any  person  from  maintaining  or 
adopting  specific  measures  to  prevent  or  compensate  for  disadvantages  linked  to 
sex.’ (Regulation 6) 

The definition complies with Article 157(4) TFEU, in the opinion of the author. 

17   See for more information Fredman, S. (2016), Intersectional discrimination in EU gender equality and non-
discrimination law, European network of legal experts in gender equality and non-discrimination, available 
at https://www.equalitylaw.eu/downloads/3850-intersectional-discrimination-in-eu-gender-equality-and-
non-discrimination-law-pdf-731-kb. 

18   The Equality Bill aims to repeal the current Equality Act and introduce provisions that re wider in scope and 

new grounds such as multiple discrimination. It has been pending since 2015 and still waiting to be 
enacted. 

19   See: https://parlament.mt/media/101105/3-bill-96-equality-bill.pdf. 
20   See for more information McCrudden, C. (2019), Gender-based positive action in employment in Europe. A 
comparative analysis of legal and policy approaches in the EU and EEA, 2019, European network of legal 
experts in gender equality and non-discrimination, available at: 
https://www.equalitylaw.eu/downloads/5008-gender-based-positive-action-in-employment-in-europe-pdf-
1-9-mb. 

14 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Country report – Gender equality – Malta – 2025 

3.5.2  Conceptual  distinctions  between  ‘equal  opportunities’  and  ‘positive  action’  in 

national law 

There are no studies on this to report. 

3.5.3  Specific difficulties  

Following the introduction of gender equality quotas in the Maltese Parliament, opposition 
to such measures has become evident in Malta.21 Many believe that gender quotas will not 
improve the balance between women and men in politics. Women contesting the elections, 
as well as promoters of women’s rights, maintained that the gender corrective measure 
possibly backfired because of various issues, such as the way it was handled by the political 
parties and the fact that less women contested the elections when this measure was put 
in place, and less were elected ‘on their own merit’.22  

3.5.4  Measures to improve the gender balance on company boards23 

Legal Notice 376 of 2024 on the Promotion of Gender Balance among Directors of Listed 
Companies Regulations, 2024 was published on 27 December 2024. The scope of these 
regulations  was  to  transpose  Article  10  of  Directive  (EU)  2022/2381  on  improving  the 
gender balance among directors of listed companies and related measures. The regulations 
empower  the  National  Commission  for  the  Promotion  of  Equality  (NCPE)  to  promote, 
analyse, monitor and support gender balance  on boards  of listed companies in order to 
compile  a  yearly  report  on  the  implementation  of  the  Directive.  The  Malta  Financial 
Services Authority provides the NCPE with information about the gender representation 
on the boards of listed companies and with information regarding the measures taken with 
a view to achieving the applicable objectives for the purposes of gender balance on boards 
of listed companies.24 

3.5.5  Positive action measures to improve the gender balance in other areas  

The two main political parties in Malta, that is the Labour Party and the Nationalist Party, 
have  adopted  voluntary  measures  to  ensure  that  more  women  are  represented  within 
party structures. The Labour Party has adopted various systems over the years, including 
quota systems – a voluntary 20 % women’s quota on electoral lists and a one-third quota 
within its national executive. The Nationalist Party adopted voluntary party measures to 
increase  female  visibility  in  party  structures  in  2008.  The  party  put  in  place  policies 
ensuring that 4 out of the 13 members from the general council on the executive council 
had to be female. In 2014, 10 new procedures were adopted establishing statutory rights 
to  be  represented  in  party  structures:  nine  women  and  nine  men  were  elected  to  the 
executive  committee  from  two  separate  lists.  The  same  exercise  was  extended  to  local 
sectional committees. 25 

On 26 March 2019, a consultation document, ‘Gender Balance in Parliament: Reform’, 26 
was presented by the Technical Committee for the Strengthening of Democracy, with the 
aim of tackling the under-representation of women in Parliament. The document contained 
legislative  proposals  for  constitutional  amendments.  It  proposed  a  gender  corrective 

21   See: https://timesofmalta.com/article/the-maltese-sceptical-eu-gender-quotas-politics.1102593. 
22   See: 

https://www.um.edu.mt/library/oar/bitstream/123456789/129895/1/The%20Maltese%20gender%20correc
tive%20mechanism%20dashed%20hopes%20and%20aspirations%202024.pdf. 

23   See for more information Senden, L. and Kruisinga S., (2018) Gender-balanced company boards in Europe. 
A comparative analysis of the regulatory, policy and enforcement approaches in the EU and EEA Member 
States, available at https://www.equalitylaw.eu/downloads/4537-gender-balanced-company-boards-in-
europe-pdf-1-68-mb. 

24   See: https://legislation.mt/eli/ln/2024/376/eng. 
25   Cutajar, J. (2014) Women and political participation in Malta, available at https://ncpe.gov.mt/wp-

content/uploads/2023/06/Paper-on-Women-and-Political-Participation-in-Malta-FINAL-20141219.pdf. 
26   See: https://content.maltatoday.com.mt/ui/files/gender_equality_in_parliament_consultation_report.pdf. 

15 

 
 
 
 
 
 
 
 
 
Country report – Gender equality – Malta – 2025 

mechanism, which respects the current electoral system established by the Constitution 
of Malta and regulated by the General Elections Act.27  

On 20 April 2021, the Constitution was amended in order to provide for a gender corrective 
mechanism.  In  the  event  that  the  number  of  Members  of  Parliament  of  the  under-
represented  sex  is  less  than  40 %  of  all  the  Members  of  Parliament,  the  number  of 
Members  of  Parliament  will  increase  by  no  more  than  twelve  Members  of  the  under-
represented  sex.  The  candidates  elected  in  such  a  way  are  to  be  apportioned  equally 
between the absolute majority party or the relative majority party and the minority party. 
This provision will remain in force until the expiry of the period of 20 years from the date 
of  its  coming  into  force,  unless  revoked  or  re-enacted  with  or  without  modification  by 
means of an Act of Parliament according to the provisions of the Constitution.28 

3.6  Harassment and sexual harassment 

3.6.1  Definition and explicit prohibition of harassment 

Harassment is specifically prohibited through Article 251A of the Criminal Code (Chapter 
9 of the Laws of Malta). It is defined in Regulation 4 of the AGS Regulations. Harassment 
is defined as an unwanted conduct related to the sex of a person with the purpose or effect 
of  violating  the  dignity  of  a  person  and  of  creating  an  intimidating,  hostile,  degrading, 
humiliating or offensive environment. 

In the author’s view, this definition complies with the EU definition found in Article 2(1)(c) 
of Directive 2006/54. 

3.6.2  Scope of the prohibition of harassment 

The AGS Regulations enacted under the Equality for Men and Women Act (EMWA), are not 
limited to employment but are wide in scope since they refer to goods and services. 

3.6.3  Definition and explicit prohibition of sexual harassment 

Sexual Harassment is prohibited by Article 2 of the Equality for Men and Women Act and 
Article 29 of the Employment and Industrial Relations Act. 

Article 2 of the Equality for Men and Women Act defines sexual harassment by reference 
to Article 9, which provides that  

‘it shall be unlawful for any person to sexually harass other persons, that is to say 
(a) to subject other persons to an act of physical intimacy; or (b) to request sexual 
favours from other persons; or (c ) to subject other persons to any act or conduct 
with  sexual  connotations,  including  spoken  words,  gestures  or  the  production, 
display or circulation of any written words, pictures or other material, where the act, 
words or conduct is unwelcome to the persons to whom they are directed and could 
reasonably be regarded as  offensive, humiliating or intimidating to the persons to 
whom they are directed; or (d) the persons so subjected or requested are treated 
less  favourably  by  reason  of  such  persons’  rejection  of  or  submission  to  such 
subjection or request, it could reasonably be anticipated that such persons would be 
so treated.’ 

Article 29  of  the  Employment  and  Industrial  Relations  Act  defines    harassment  as 
subjecting the victim to an act of physical intimacy or requesting sexual favours from the 
victim or subjecting the victim to any act or conduct with sexual connotations, including 

27   General Elections Act, Chapter 354, Laws of Malta 

http://www.justiceservices.gov.mt/DownloadDocument.aspx?app=lom&itemid=8824&l=1. 

28   See: https://legislation.mt/eli/const/eng. 

16 

 
 
 
 
 
 
 
 
 
 
 
 
 
Country report – Gender equality – Malta – 2025 

spoken words, gestures or the production, display or circulation of written words, pictures 
or other material where the act, request or conduct is unwelcome to the victim and could 
reasonably be regarded as offensive, humiliating or intimidating to the victim, or the victim 
is  treated  differently,  or  it  could  reasonably  be  anticipated  that  the  victim  could  be  so 
treated, by reason of the victim’s rejection of or submission to the act, request or conduct. 

Sexual harassment is also defined in Regulation 4(4) of the AGS Regulations, which states 
that  

‘sexual harassment shall be deemed to occur where any form of unwanted physical, 
verbal, non-verbal or physical conduct of a sexual nature occurs, with the purpose 
or  effect  of  violating  the  dignity  of  a  person,  in  particular  when  creating  an 
intimidating, hostile, degrading, humiliating or offensive environment’. 

In  the  author’s  view,  this  definition  complies  with  the  EU  definition  in  Article 2(1)(d)  of 
Directive 2006/54. 

3.6.4  Scope of the prohibition of sexual harassment 

The scope of the prohibition of sexual harassment is wide. It covers not only employment 
and access to goods and services, but also other areas as specified in the Criminal Code, 
which states that a person who:  

‘(a) pursues a course of conduct which amounts to harassment of another person; 
or (b) pursues a course of conduct  which he knows or  ought to know amounts to 
harassment of such other person; or (c) subjects another person to an act of physical 
intimacy; or (d) requests sexual favours from another person; or subjects another 
person to any act and, or conduct with sexual connotations, including spoken words, 
gestures and, or the production, display or circulation of any written words, pictures, 
and, or any other material, where such act, words, and, or conduct is unwelcome to 
the victim, and could be reasonably be regarded as offensive, humiliating, degrading, 
and,  or  intimidating  towards  that  person  shall  be  guilty  of  an  offence  under  this 
article.’ 

3.6.5  Understanding of (sexual) harassment as discrimination 

Harassment and sexual harassment as well as any less favourable treatment based on the 
person’s  rejection  of,  or  submission  to,  such  conduct  amounts  to  discrimination  as 
specified in Article 9(1)(d) of the Equality for  Men and Women Act (sexual harassment, 
see 3.6.3 above) and in Article 29(2)(c)(ii) of the Employment and Industrial Relations Act 
(harassment, see 3.6.3 above). 

3.6.6  Specific difficulties  

In a Judgement of 20 March 2023, Republic of Malta vs Omissis regarding rape and sexual 
harassment  the  court  had  to  determine  whether  the  acts  of  the  accused  subjected  the 
alleged victim to an act or acts of physical intimacy and/or whether she was  subjected to 
an  act  or  conduct  that  had  sexual  connotations.  Moreover,  the  court  had  to  establish 
whether the acts could be considered offensive, humiliating and intimidating to the victim 
in accordance with Article 29 of the Employment and Industrial Relations Act Chapter 452 
of the Laws of Malta. The Criminal Court decided that the acts of the accused amounted 
to harassment and unwanted acts towards the alleged victim and that there was no doubt 
that  such  acts  resulted  in  discrimination  on  the  basis  of  sex.  But  it  also  needed  to 
determine whether such acts could be considered offensive, humiliating and intimidating 
towards the alleged victim. The court stated that these adjectives were cumulative29 and 

29   Article 29(2)(ċ)(i) Chapter452 Laws of Malta https://legislation.mt/eli/cap/452/mlt. 

17 

 
 
 
 
 
 
 
 
 
 
 
Country report – Gender equality – Malta – 2025 

not  alternative  and  concluded  that  although  the  acts  could  be  considered  offensive  and 
humiliating, the alleged victim could not be considered intimidated.  

This conclusion was the result of a discrepancy in the law between the English version and 
the Maltese version of Article 29 of the Employment and Industrial Relations Act Chapter 
452  of  the  Laws  of  Malta  which  transposes  Article  2(1)(d)  of  Directive  2006/54. 30  The 
English  version  specifies  that  it  shall  not  be  lawful  for  an  employer  or  an  employee  to 
sexually harass another employee or the employer by subjecting the victim to an act of 
physical intimacy; or requesting sexual favours from the victim; or subjecting the victim 
to any act or conduct with sexual connotations, including spoken words, gestures or the 
production,  display  or  circulation  of  written  words, pictures or other material where 
the act, request or conduct is unwelcome to the victim  and  could  reasonably  be  regarded  
as offensive,  humiliating  or  intimidating  to  the victim; whereas in the Maltese version 
instead  of  humiliating  or  intimidating,  the  word  ‘or’  is  replaced  by  the  word  ‘and’. 
Therefore,  the  court  could  not  find  the  accused  guilty  and  ordered  notification  of  this 
judgement to the Minister for Justice in order to investigate whether the law required an 
amendment so that the adjectives mentioned would no longer remain cumulative but could 
exist independently of one another. The Maltese version of the law was amended in virtue 
of Act XLII of 2023.31 

3.7  Instruction to discriminate 

3.7.1  Explicit prohibition 

Regulation  3(4)  of  the  Equal  Treatment  in  Employment  Regulations  provides  that 
employers  or  any  persons  or  organisations  to  whom  the  regulations  apply  will  also  be 
deemed to have discriminated against a person if they: 

‘a) instruct any person to discriminate against another person; 
b) neglect their obligation to suppress any form of harassment at their workplace or 
within their organisation, as the case may be.’ 

3.7.2  Specific difficulties 

There are no specific difficulties to report. 

3.8  Other forms of discrimination 

The pending equality bill (see 3.4.1. above) states that ‘direct discrimination’ will be taken 
to occur:  

‘where a person is treated less favourably than another person is, has been, or would 
be, treated in a comparable situation, on the basis of any one or a combination of 
any of the protected characteristics.’32 

Legal  Notice  181  of  2008  on  Access  to  Goods  and  Services  and  their  Supply  (Equal 
Treatment)  Regulations  does  not  specifically  refer  to  algorithmic  discrimination. 33 
However,  Malta’s  Ethical  Artificial  Intelligence  Framework 34  includes  as  one  of  its 

30   Article 29(2)(ċ)(i) Chapter452 Laws of Malta (MT version) https://legislation.mt/eli/cap/452/mlt and Article 
29 (2)(c) (i) Chapter 452 Laws of Malta (EN version) https://legislation.mt/eli/cap/452/eng as reported in 
the Times of Malta on 20 March 2023 https://timesofmalta.com/articles/view/police-constable-cleared-rape-
judge-compares-msida-station-brothel.1020454. 
31   See: https://legislation.mt/eli/act/2023/42/mlt. 
32   Equality Bill 2019, bill No. 96, available at https://parlament.mt/13th-leg/bills/bill-no-096-equality/. 
33   Access to Goods and Services and their Supply (Equal Treatment) Regulations, SL 456.01, 1 August 2008: 

https://legislation.mt/eli/sl/456.1/eng. 

34   Malta AI (2019) Malta: Towards Trustworthy AI – Malta’s Ethical AI Framework, October 2019: 

https://malta.ai/wp-content/uploads/2019/10/Malta_Towards_Ethical_and_Trustworthy_AI_vFINAL.pdf. 

18 

 
 
 
 
 
 
 
 
 
 
 
 
Country report – Gender equality – Malta – 2025 

objectives the premise that development, deployment, use and operation of AI systems 
must  be  fair.  It  states  that  data  collection,  design  and  development  processes  should 
involve diverse individuals, representatives of likely end-users and other affected groups; 
that  AI  systems  should  not  (directly  or  indirectly)  produce  discriminatory  or  biased 
outcomes or exacerbate existing biases and inequities; AI systems should not be used to 
deceive people or unjustifiably impair their freedom of choice; clear processes should be 
in place to ensure there is always a human who can be held accountable for the operation 
of  an  AI  system  and  that  accessible  complaints  resolution  processes  should  be 
implemented to ensure effective redress for individuals harmed by AI systems. 

3.9  Evaluation of implementation 

The author of this report believes that national law satisfactorily implements the EU law 
concepts discussed above.  However, definitions  of direct and indirect  discrimination are 
recommended. 

3.10 Remaining issues 

There are no other issues to report. 

19 

 
 
 
 
 
 
Country report – Gender equality – Malta – 2025 

4 

Equal  pay  and  equal  treatment  at  work  (Article 157  of  the  Treaty  on  the 
Functioning of the European Union (TFEU) and Recast Directive 2006/54) 35 

4.1  General (legal) context 

Problems may arise due to the lack of transparency in wages since workers often do not 
know whether they are being paid on an equal basis if they are not aware of the salary 
structure. 

4.1.1  Political and societal debate and pending legislative proposals 

Legal  Notice  334  of  2022  implemented  the  National  Minimum  Wage  National  Standard 
Order setting the minimum wage per week according to the age of the worker and also 
stipulating the rate for part-time workers.  

4.2  Equal pay 

4.2.1  Implementation in national law 

The Employment and Industrial Relations Act, Article 27, provides that employees in the 
same class of employment are entitled to the same rate of remuneration for work of equal 
value.  

Regulation  3A  of  the  Equal  Treatment  in  Employment  Regulations  prohibits  direct  or 
indirect  discrimination  on  grounds  of  sex  in  relation  to  all  aspects  and  conditions  of 
remuneration. 

These provisions prohibit discriminatory treatment in the context of the same work or work 
of  equal  value.  The  employer  must  ensure  that  the  same  conditions  apply  to  men  and 
women and that any job classification scheme is not directly or indirectly discriminatory. 

4.2.2  Definition in national law 

The  Employment  and  Industrial  Relations  Act  (EIRA),  defines  “wages”  in  Article 2  as 
follows:  ‘“wages”  means  remuneration  or  earnings,  payable  by  an  employer  to  an 
employee  and  includes  any  bonus  payable  under  Article 23  other  than  any  bonus  or 
allowance related to performance or production’. However, for the purposes of “equal pay” 
the term used in the  relevant provision on  equal pay (Article 27) is “remuneration”,  for 
which there is no definition in the EIRA. There is no definition of “pay” either.  

However, there is a definition of “pay” in Article 2 of the Equal Treatment in Employment 
Regulations (ETE Regulations), as follows: ‘“pay” means the ordinary basic salary and any 
other  consideration,  whether  in  cash  or  in  kind,  which  the  worker  receives  directly  or 
indirectly, in respect of his or her employment from his or her employer.’ 

The  term  “pay”  is  used  in  Article 3A(2)  of  the  ETE  Regulations,  although  Article 3A(1) 
speaks of remuneration. 

35   See on equal pay Burri, S. (2019), National Cases and Good Practices on Equal Pay, European network of 

legal experts in gender equality and non-discrimination, available at 
https://www.equalitylaw.eu/publications/thematic-reports. 
See also Foubert, P. (2017), The enforcement of the principle of equal pay for equal work or work of equal 
value: A legal analysis of the situation in the EU Member States, Iceland, Liechtenstein and Norway, 
European network of legal experts in gender equality and non-discrimination, available at 
https://www.equalitylaw.eu/downloads/4466-the-enforcement-of-the-principle-of-equal-pay-for-equal-
work-or-work-of-equal-value-pdf-840-kb. 
See on the issue of pay transparency: Veldman, A. (2017), Pay transparency in the EU A legal analysis of 
the situation in the EU Member States, Iceland, Liechtenstein and Norway, European network of legal 
experts in gender equality and non-discrimination, available at 
https://www.equalitylaw.eu/downloads/4073-pay-transparency-in-the-eu-pdf-693-kb. 

20 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
Country report – Gender equality – Malta – 2025 

This definition complies with the definition of Article 157(2) TFEU. 

4.2.3  Explicit implementation of Article 4 of Recast Directive 2006/54 

Regulation  3A  of  the  Equal  Treatment  in  Employment  Regulations  prohibits  direct  or 
indirect  discrimination  on  grounds  of  sex  in  relation  to  all  aspects  and  conditions  of 
remuneration. 

4.2.4  Related case law 

In  2015,  the  Commissioner  of  the  National  Commission  for  the  Promotion  of  Equality 
(NCPE)  concluded  an 
investigation  that  determined  the  occurrence  of  gender 
discrimination in the wage of a female employee.36 The complaint alleged discrimination 
and  differential  treatment  on  the  grounds  of  sex  in  pay/wage  and  other  work-related 
benefits.  The  complainant  alleged  that  she  was  receiving  a  lower  wage  than  male 
employees who were in a similar or same rank and had similar responsibilities. She stated 
that she was the only female manager and that her colleagues, who  are managers and 
who are on the same scale and have the same responsibilities, have a private office and a 
higher wage, even though she had seniority and more experience. She held that the above 
amounted to discrimination since the principle of equal pay for equal work was not being 
observed.  Together  with  her  complaint  form,  the  complainant  attached  a  number  of 
references  from  clients,  evidence  supporting  her  statement  that  she  had  seniority  and 
more experience, evidence of her work history, payslips and salary breakdown over the 
years, a number of performance appraisal forms and her curriculum vitae. The employer 
argued that the complainant’s job position and role were not comparable with those of the 
other two managers who happen to be males, and thus there was no discrimination. The 
employer  further  stated  that  the  company  had  treated  the  complainant  fairly  and 
favourably when it acceded to her  request  for flexitime, even though the company was 
under  no  legal  obligation  to  do  so.  After  examining  all  the  evidence  collected,  NCPE’s 
commissioner  noted  that  while  all  three  managers’  wages  differed  in  amounts,  the  gap 
between the male managers’ wages was smaller than the one between the average male 
manager’s  wage  and  the  complainant’s  wage.  Moreover,  NCPE’s  commissioner  deemed 
that the company’s arguments that there is no set salary scale for managers should not 
act as a detriment towards the company’s employees and that the company should strive 
for more transparency in the manner in which wages are set. 

In 2023, the Industrial Tribunal ruled against the national airline company Air Malta and 
ordered it to pay a combined EUR 585 000 in damages to 33 of its cabin crew members 
on the basis of a breach of the principle of equal pay for equal work. This discrepancy in 
pay was a result of a collective agreement signed in 2017 and which came into force in 
2018.  The  agreement  granted  workers  a  EUR 1 000  increase  in  their  take-home  pay 
compared  to  their  chosen  best  year  between  2014  and  2017.  This  provision  was 
discriminatory towards many employees, including those who worked on reduced hours 
between 2014 and 2017 as a result of maternity leave, health issues or caregiving duties. 
The majority of the claimants were women and the tribunal argued that these were victims 
of indirect discrimination as a result of this mechanism.37 

4.2.5  Permissibility of pay differences 

No allowances for pay difference are recorded. 

36   NCPE (2016) Annual Report 2015 https://ncpe.gov.mt/wp-content/uploads/2024/01/NCPE-AR-2015.pdf. 
37   See: https://timesofmalta.com/article/air-malta-ordered-pay-cabin-crew-585000-disciminatory-pay-

deal.1051994. 

21 

 
 
 
 
 
 
 
 
 
 
 
Country report – Gender equality – Malta – 2025 

4.2.6  Requirement for comparators 

The Employment and Industrial Relations Act (EIRA) provides that ‘Employees in the same 
class of employment are entitled to the same rate of remuneration for work of equal value.’ 
Therefore, the comparator is an employee in the same class of employment, at least with 
the  same  employer.  The  issue  of  comparing  the  position  of  employees  with  different 
employers has not yet been tested.  

It is not clear whether a hypothetical comparator is allowed. There is no case law on this 
point. 

Section 2 of the EIRA defines a comparable full-time employee as a full-time employee  

‘in the same establishment who is engaged in the same or similar work or occupation, 
due regard being given to other considerations including seniority, qualification and 
skills, provided that where there is no comparable full-time employee in the same 
establishment, the comparison shall be made by reference to collective agreements 
covering similar comparable full-time employees in other establishments, and further 
provided that where there is no applicable collective agreement, reference shall be 
made to law or in default of provision by law to the prevailing practice as may be 
established by the Employment Relations Board’. 

4.2.7  Existence of parameters for establishing the equal value of the work performed 

There  is  no  case  law  on  this.  However, Section 2  of  the  EIRA  provides  a  legal  basis  by 
defining a comparable full-time employee as a full-time employee  

‘in the same establishment who is engaged in the same or similar work or occupation, 
due regard being given to other considerations including seniority, qualification and 
skills, provided that where there is no comparable full-time employee in the same 
establishment, the comparison shall be made by reference to collective agreements 
covering similar comparable full-time employees in other establishments, and further 
provided that where there is no applicable collective agreement, reference shall be 
made to law or in default of provision by law to the prevailing practice as may be 
established by the Employment Relations Board.’ 

4.2.8  Other relevant rules or policies 

There are no other relevant rules or policies to report. 

4.2.9  Job evaluation and classification systems 

The  National  Commission  for  the  Protection  of  Equality  (NCPE)  implemented  a  project 
named “Prepare the Ground for Economic Independence” (PGEI) which was co-funded by 
the Rights, Equality and Citizenship Programme 2014-2020, through which an equal pay 
tool was developed. The project was launched in 2018, to run until 2020.38 This tool further 
enhanced the Equality Mark (see 4.2.12) since organisations applying for the Equality Mark 
can now opt to be Equal Pay Certified. 

The aim of the equal pay tool is for the companies/entities to accurately check equal pay 
for work of equal value between women and men within an organisation.  

The  tool  is  scalable  in  three  tiers.  The  first  tier  captures  very  basic  data  on  employee 
salary,  hours  worked,  and  gender.  However,  the  output  of  the  model  is  limited  to  the 
median  and  mean  gender  pay  gap,  with  no  information  on  gender  discrimination.  The 

38   See: https://ncpe.gov.mt/projects-and-specific-initiatives/prepare-the-ground-for-economic-

independence/. 

22 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
Country report – Gender equality – Malta – 2025 

second  tier  captures  additional  data  on  observable  employee  characteristics,  such  as 
qualifications, age, tenure, designation (based on International Standard Classification of 
Occupations  (ISCO),  divided  into  eight  major  groups  or  based  on  entity-specific 
designations).  The  third  tier  captures,  in  addition  to  the  data  in  the  first  two  tiers,  the 
value  of  work  through  an  employee  questionnaire.  This  enables  a  calculation  of  pure 
gender  discrimination  insofar  as  all  the  other  explanatory  variables  control  for  the  key 
drivers of salary determination.  

4.2.10 Wage transparency39 

There is no case law on wage transparency. However, a case40 investigated by the National 
Commission for the Promotion of Equality (NCPE) in 2015 addressed the issue of pay and 
this was the subject of an article published by the Times of Malta,41 which also highlighted 
the fact that the commission had made proposals to the Government on issues including 
pay. A female employee overheard her co-workers discussing their monthly salaries and 
realised that she was receiving approximately EUR 500 less than her colleagues and made 
a complaint to the NCPE. When the commission investigated the local company, it found 
that the female employee was receiving approximately EUR 6 000 less in salary than her 
male  colleagues.  When  the  NCPE  looked  at  the  wages  offered  to  workers  of  the  same 
designation within the company, it found a situation that was discriminatory. The company 
was  urged  to  rectify  the  situation  and  the  employee  was  offered  a  EUR 500  monthly 
increase. Furthermore, NCPE’s commissioner deemed that the company’s argument that 
there  was  no  set  salary  scale  for  managers  must  not  disadvantage  the  company’s 
employees and that the company should strive for more transparency in the manner in 
which wages are set. 

4.2.11 Implementation of the transparency measures set out by European Commission’s 
Recommendation  of  7  March  2014  on  strengthening  the  principle  of  equal  pay 
between  men  and  women  and/or  Directive (EU)  2023/970  of  the  European 
Parliament and of the Council of 10 May 2023 to strengthen the application of the 
principle  of  equal  pay  for  equal  work  or  work  of  equal  value  between  men  and 
women through pay transparency and enforcement mechanisms 

The National Commission for the Promotion of Equality in its input on the pending equality 
bill  proposed  strengthening  protection  in  the  area  of  pay,  referring  to  provisions  in  the 
European Commission Recommendation of 7 March 2014 on strengthening the principle 
of equal pay between men and women through transparency.42 However, no transparency 
measures are yet in place. 

4.2.12 Other measures, tools or procedures 

The audit system devised by the National Commission for the Promotion of Equality (NCPE) 
for  organisations  applying  to  be  certified  with  the  Equality  Mark  is  one  measure  that  is 
used in order to study the wage patterns of such organisations and ensure that there is 
no discrimination. However, the Equality Mark certification is optional and so is only taken 
up by organisations that have gender equality at heart. The Equality Mark has been further 

39   See Directive (EU) 2023/970 of the European Parliament and of the Council of 10 May 2023 to strengthen 

the application of the principle of equal pay for equal work or work of equal value between men and women 
through pay transparency and enforcement mechanisms (Text with EEA relevance), OJ L 131 7.5.2023 pp. 
21-44. 

40   NCPE (2016) Annual Report 2015, p. 38. https://ncpe.gov.mt/wp-content/uploads/2024/01/NCPE-AR-

2015.pdf. 

41   Times of Malta (2018), ‘Woman finds male colleagues are paid €500 more per month - investigation proves 

her right’, 24 January 2018. Available at: 
https://www.timesofmalta.com/articles/view/20180124/local/woman-finds-male-colleagues-are-paid-500-
more-per-month-investigation.668732. 

42   NCPE (2015) ‘NCPE’s Input to the HREC and Equality Bills’, p. 6. 

https://web.archive.org/web/20230705063259/https://meae.gov.mt/en/Public_Consultations/MSDC/Docu
ments/2015%20HREC%20Final/NCPE.pdf. 

23 

 
 
 
 
 
 
 
Country report – Gender equality – Malta – 2025 

enhanced by the development of the equal pay tool (see above), by which organisations 
applying for the Equality Mark can now opt to be Equal Pay Certified. This equal pay tool 
enables  organisations  to  analyse  the  existence  of  equal  pay  between  men  and  women 
performing the same work or work of equal value within the organisation by analysing pay 
and staffing structures within their company.43 

4.3  Access to work, working conditions and dismissal 

4.3.1  Definition of the (material) scope (Article 14(1) of Recast Directive 2006/54) 

Article 26 of the Employment and Industrial Relations Act provides a blanket prohibition 
on discrimination against any person or class of persons in relation to an application for 
employment, recruitment or training and all aspects of employment including promotion 
and dismissal. 

The EIRA uses the term ‘employee’, defining it in Article 2 as follows:  

‘employee’  means  any  person  who  has  entered  into  or  works  under  a  contract  of 
service, or any person who has undertaken personally to execute any work or service 
for, and under the immediate direction and control of another person, including an 
outworker, but excluding work or service performed in a professional capacity or as 
a  contractor  for  another  person  when  such  work  or  service  is  not  regulated  by  a 
specific contract of service.’ 

Moreover, the EIRA defines an ’outworker’ as  

‘a person to whom articles, materials or services of any nature are given out by an 
employer  for  the  performance  of  any  type  of  work  or  service  where  such  work  or 
service  is  to  be  carried  out  either  in  the  home  of  the  outworker  or  in  some  other 
premises  not  being  premises  under  the  control  and  management  of  that  other 
person.’ 

This definition of an ‘mployee’ reflects the relevant case law of the CJEU. 

4.3.2  Implementation of the exception on occupational activities (Article 14(2) of Recast 

Directive 2006/54) 

The exception on occupational activities has been implemented in Regulation 4(1) and (4) 
of the Equal Treatment in Employment Regulations. These provide:  

‘4. (1) … any difference of treatment based on a characteristic related to grounds of 
religion  or  religious  belief,  disability,  age,  sexual  orientation,  and  racial  or  ethnic 
origin shall not constitute discriminatory treatment where by reason of the nature of 
the particular occupational activities concerned, or of the context in which they are 
carried out, such a characteristic constitutes a genuine and determining occupational 
requirement  provided  that  the  objective  is  legitimate  and  the  requirement  is 
proportionate….  (4)  With  regard  to  access  to  employment,  including  the  training 
leading thereto, a difference of treatment which is based on a characteristic related 
to  sex  shall  not  constitute  discrimination  where,  by  reason  of  the  nature  of  the 
particular occupational activities concerned or of the context in which they are carried 
out,  such  a  characteristic  constitutes  a  genuine  and  determining  occupational 
requirement,  provided  that  its  objective  is  legitimate  and  the  requirement  is 
proportionate.’ 

43   NCPE, The Equality Mark Certification – Information Document: https://ncpe.gov.mt/wp-

content/uploads/2023/06/EM_info_document.pdf. 

24 

 
 
 
 
 
 
 
 
 
 
 
 
 
Country report – Gender equality – Malta – 2025 

4.3.3  Protection  against  the  non-hiring,  non-renewal  of  a  fixed-term  contract,  non-
continuation  of  a  contract  and  dismissal  of  women  connected  to  their  state  of 
pregnancy and/or maternity 

National law provides for sufficient protection against the non-hiring, non-prolongation of 
contracts and dismissal of women, connected to their state of pregnancy and/or maternity. 
Article 2(3)(b)  of  the  EMWA  states  that  discrimination  includes  treating  a  woman  less 
favourably for reasons of actual or potential pregnancy or childbirth and Article 2(1)(c) of 
the ETE Regulations states that discrimination includes any less favourable treatment of a 
woman  related  to  pregnancy  or  maternity  leave.  Regulation  12  of  the  Protection  of 
Maternity  (Employment)  Regulations  prohibits  the  dismissal  of  pregnant  employees  or 
those who have recently given birth or are breastfeeding. 

4.3.4  Implementation  of  the  exception  on  the  protection  for  women  in  relation  to 

pregnancy and maternity (Article 28(1) of Recast Directive 2006/54) 

Women who are pregnant or on maternity leave are protected with regard to their health 
and safety as well as with regard to dismissal. 

4.3.5  Particular difficulties 

There are no particular difficulties to report. 

4.3.6  Positive action measures (Article 3 of Recast Directive 2006/54)  

The  equality  bill  which  to-date  has  not  been  enacted,  makes  reference  to  substantive 
equality.  Positive  action  measures  or  reasonable  accommodation  for  the  purpose  of 
achieving substantive  equality by maintaining or adopting specific measures in  order to 
prevent  or  compensate  for  disadvantages  linked  to  any  of  the  protected  characteristics 
(age, belief, creed or religion, disability, family responsibilities, family or marital status, 
gender expression or gender identity, HIV status, maternity, pregnancy, race, colour or 
ethnic  origin,  sex  or  sex  characteristics,  and  sexual  orientation)  will  not  be  deemed  to 
constitute discrimination.44 

4.4  Evaluation of implementation 

National law is satisfactory and in accordance with EU legislation. There are no cases to 
report. 

4.5  Remaining issues 

On 15 June 2020, the Consultative Council for Women’s Rights (CCWR), which consists of 
a group of women’s organisations, published a position paper on the effect of COVID-19 
on women in Malta.45 Although it acknowledged and lauded the monetary and technical 
support that the Government offered to help businesses retain employees, it issued a set 
of  recommendations.  Among  these  were  the  provision  of  financial  assistance  for  the 
infrastructure  that  needed  to  be  set  up  at  the  workplace  to  safeguard  employees  and 
clients, and special support for women in business, since the latter find it more difficult to 
find the necessary funding to start up, set up or evolve their business model. It suggested 
that  provision  should  be  in  place  for  women  owners  who  needed  help  to  reorganise  or 

44   Equality Bill 2015. Available at: 

https://web.archive.org/web/20230308120311/https://meae.gov.mt/en/public_consultations/msdc/docum
ents/2015%20hrec%20final/bill%20-%20equality%20act.pdf. 

45   The Consultative Council for Women’s Rights (2020) ‘Position Paper on the Effect of COVID 19 ON Women 
in Malta’, 15 June 2020: https://cdn.newsbook.com.mt/wp-content/uploads/2020/06/18174952/CCWR-
Position-Paper-on-Women-and-COVID-19-June-.pdf. 

25 

 
 
 
 
 
 
 
 
 
 
 
 
 
Country report – Gender equality – Malta – 2025 

restart  a  business  if  this  failed  post-COVID.  It  reiterated  that  the  worst  hit  economic 
sectors  were  those  where  a  substantial  number  of  women  work,  such  as  leisure, 
hospitality, childcare, retail and education. 

The CCWR pointed out that when faced with a choice, women were not clear on whether 
they should apply for the parent benefit46 or unemployment benefits. The parent benefit 
was available to parents employed in the private sector with children under 16 years of 
age, who were not able to work from home and who, due to the impact of COVID-19 and 
the closure of schools, could not go to work and were on unpaid leave to take care of their 
children. The CCWR concluded that it was more beneficial for working parents to opt for 
the parent benefit since this gave them the opportunity to go back to their job once the 
situation was stabilised and they would not have their service interrupted, thus hindering 
their prospects of promotion. According to statistics published in this position paper, as of 
7  May  2020,  3 629  females  as  opposed  to  480  males  were  beneficiaries  of  the  parent 
benefit.  

The CCWR recommended that promotions should be adjudicated on cumulative rather than 
consecutive years, since the latter punishes those who interrupt work histories when they 
take unpaid leave to take care of family members. 
The  CCWR  reiterated  the  need  for  gender-sensitive  research  and  data  to  find  out  how 
COVID-19 affected men and women with regard to health, social and economic impact, 
taking into account migratory status, geographical derivation (native, EU, non-EU), age, 
marital status, health status, occupation, disability and other parameters. 

46   Inclusion, Equality and Social Welfare, ‘COVID-19 – Parent Benefit’: https://gemma.gov.mt/covid-19-

parent-benefit/. 

26 

 
 
 
 
Country report – Gender equality – Malta – 2025 

5  Work-life  balance  issues:  pregnancy,  maternity,  family-related  leave  and 
flexible  working  arrangements  (Directive 92/85,  relevant  provisions  of 
Directives 2006/54, and Directive 2019/1158)47 

5.1  General (legal) context 

5.1.1  Overview of national acts on work-life balance issues 

The  national  acts  on  work-life  balance  include  the  Employment  and  Industrial  Relations 
Act (Chapter 452 of the Laws of Malta), Urgent Family Leave Regulations, Equal Treatment 
in Employment Regulations, Minimum Special Leave Entitlement Regulations, Extension to 
Applicability to Service with Government (Equal Treatment in Employment) Regulations, 
Equality  for  Men  and  Women  Act  (Chapter  456  of  the  Laws  of  Malta),  Protection  of 
Maternity  at  Work  Places  Regulations,48  Protection  of  Maternity  (Employment) 
Regulations49 and the Work-Life Balance for Parents and Carers Regulations.50 

5.1.2  Political and societal debate and pending legislative proposals 

The  implementation  of  the  EU  Work-Life  Balance  Directive in  Malta  was  met  with  much 
criticism.  Lobbyists  claimed  that  in  Malta  there  are  still  significant  inequalities  between 
men and women and notwithstanding the fact that the caring burden is still placed squarely 
on women’s shoulders and the birth rate is the lowest in Europe, the Government opted 
for the bare minimum when implementing the measures envisaged in the Directive. The 
only  exception  was  the  introduction  of  10  days’  paternity  leave  where  payment  is  in 
accordance with the salary and not the sickness allowance. They also lamented the fact 
that women’s organisations, parents who care for children with a disability, fathers’ lobby 
groups and civil society were excluded from discussions regarding the transposition of the 
Directive.51 

5.2  Pregnancy and maternity protection52 

5.2.1  Definition in national law (Article 2 of Directive 92/85) 

Regulation  2  of  the  Protection  of  Maternity  (Employment)  Regulations  provides  the 
definitions below. 

A ‘pregnant employee’ means ‘an employee who informs her employer in writing of her 
pregnancy and who subsequently, within fifteen days, formally informs her employer of 
her pregnancy and of the expected date of confinement by means of a certificate issued 
by a registered medical practitioner or midwife’.53 

47   See Masselot, A. (2018), Family leave: enforcement of the protection against dismissal and unfavourable 
treatment, European network of legal experts in gender equality and non-discrimination, available at: 
https://www.equalitylaw.eu/downloads/4808-family-leave-enforcement-of-the-protection-against-
dismissal-and-unfavourable-treatment-pdf-962-kb and De la Corte-Rodríguez, M. (2024), The transposition 
of the Work-Life Balance Directive in EU Members States (II): Considerable work still to be done, available 
at: https://www.equalitylaw.eu/downloads/6048-the-transposition-of-the-work-life-balance-directive-in-eu-
member-states-ii-considerable-work-still-to-be-done. 

48   See: https://legislation.mt/eli/sl/424.11/eng. 
49   See: https://legislation.mt/eli/sl/452.91/eng. 
50   See: https://legislation.mt/eli/sl/452.125/eng. 
51   See: Times of Malta (2022), ‘Lobbyists lash out at new work-life balance measures’, 14 July 2022, 

https://timesofmalta.com/articles/view/maltas-disappointing-work-life-balance-law-increase-gender-
gap.968146.  

52   Directive 92/85/EEC of 19 October 1992 on the introduction of measures to encourage improvements in the 

safety and health at work of pregnant workers and workers who have recently given birth or are 
breastfeeding (tenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC), OJ L 
348, 28.11.1992. 

53   See: https://legislation.mt/eli/sl/452.91/eng. 

27 

 
 
 
 
 
 
 
 
 
 
 
Country report – Gender equality – Malta – 2025 

An ‘employee who has recently given birth’ means ‘an employee who has formally informed 
her  employer  of  her  condition  by  means  of  a  certificate  issued  by  a  registered  medical 
practitioner or midwife, and whose date of confinement was: 

a) 
b) 

not more than fourteen weeks before in the case of a stillborn child, and 
not more than twenty-six weeks before in the case of a live birth’. 

A ‘breastfeeding employee’ means ‘an employee who is breastfeeding during a period of 
up to twenty-six weeks after her date of confinement and who has informed her employer 
of her condition by means of a certificate issued by a registered medical practitioner or 
midwife’. 

5.2.2  Obligation to inform employer (Article 2 of Directive 92/85) 

Regulation  2(1)  of  the  Protection  of  Maternity  (Employment)  Regulations  provides  that 
‘pregnant  employee’  means  ‘an  employee  who  informs  her  employer  in  writing  of  her 
pregnancy and who subsequently, within fifteen days, formally informs her employer of 
her pregnancy and of the expected date of confinement by means of a certificate issued 
by a registered medical practitioner or midwife’. 

5.2.3  Case law on the definition of a pregnant worker, a worker who has recently given 
birth  and/or  a  worker  who  is  breastfeeding  and  the  obligation  to  inform  the 
employer 

There is no case law to report. 

5.2.4  Implementation of protective measures (Articles 4-6 of Directive 92/85) 

Regulations  3,  4  and  5  of  the  Protection  of  Maternity  (Employment)  Regulations  make 
provision for protective measures. The regulations aim to ensure that an employee who is 
pregnant, has recently given birth or is breastfeeding will receive wages that will not be 
less favourable than those stipulated in her contract of employment when measures are 
taken to protect her health and safety after a risk assessment has revealed a risk to the 
safety or health or an effect on her pregnancy or breastfeeding. Such measures include 
the  temporary  adjustment  of  the  working  environment  and/or  hours  of  work  of  the 
employee concerned, the assignment of the employee to suitable alternative work which 
is appropriate for her to do in the circumstances, in the event that the adjustment of her 
working conditions and/or hours of work is not technically and/or objectively feasible. If 
this is not possible, the employee will be given special maternity leave for the whole of the 
period necessary to protect her safety or health with a special allowance equivalent to the 
rate of sickness benefit payable under the Social Security Act. 

When  an  employee  notifies  her  employer  that  she  no  longer  requires  special  maternity 
leave, because she has stopped breastfeeding or because she is no longer vulnerable to 
the  risk  for  which  she  was  on  special  maternity  leave,  but  the  employer  has  reason  to 
believe  that  if  the  employee  returned  to  work,  she  would  be  vulnerable  to  risk,  the 
employer must take all reasonable measures to enable the employee to return to work in 
the job which she held immediately before the start of her leave. The employee will then 
be notified in writing that she can resume work in that job and the special maternity leave 
will end seven days after the employer’s notification.  

If during a period of special maternity leave, the employer takes necessary measures to 
ensure that the employee will no longer be exposed to any risk by virtue of which she was 
given  the  special  maternity  leave  or  is  able  to  move  the  employee  to  alternative 
employment, they must notify the employee that she can return to work without exposure 
to  that  risk  or  to  other  work  available  to  her  which  is  suitable  for  her  and  the  special 

28 

 
 
 
 
 
 
 
 
 
 
Country report – Gender equality – Malta – 2025 

maternity leave will end seven days after the notification or, if it is earlier, on the day she 
returns to work or, as the case may be, takes up the other work. 

Finally, when an employee notifies her  employer by  means of a medical certificate that 
she  should  not  perform  night  work  during  her  pregnancy  and  during  breastfeeding  for 
reasons relating to her health and safety and she is transferred to daytime work, her rights 
and wages will be ensured and must not be less favourable than those stipulated in her 
contract of employment. If transfer to daytime work is not possible, the employee must 
be given special maternity leave. 

5.2.5  Case law on issues on protective measures 

There is no case law to report. 

5.2.6  Protection against night work (Article 7 of Directive 92/85) 

Regulation 5 of the Protection of Maternity (Employment) Regulations specifies that if an 
employee notifies her employer, by means of a medical certificate, that she is pregnant or 
breastfeeding, and that for health and safety reasons, she should not perform night work, 
her employer must transfer her to daytime work subject to the same rights and wages. If 
this is not technically or objectively feasible or cannot be required on duly substantiated 
grounds, the employee will be given special maternity leave for all the period necessary 
to protect her safety and health. 

5.2.7  Case law on protection against night work 

There is no case law to report. 

5.2.8  Prohibition of dismissal (Article 10(1) of Directive 92/85) 

Regulation  12  of  the  Protection  of  Maternity  (Employment)  Regulations  protects  the 
employee against dismissal during the relevant period and provides that it is not legal for 
the employer to dismiss a pregnant employee, an employee who has recently given birth 
or  a  breastfeeding  employee,  from  the  date  on  which  such  an  employee  informs  her 
employer  of  her  pregnancy,  by  means  of  a  certificate  issued  by  a  registered  medical 
practitioner or midwife, to the end of her maternity leave, or during any period of special 
maternity leave, because of her condition or because she avails herself or seeks to avail 
herself of any rights in accordance with the regulations. 

 An  employer  can  still  terminate  the  employment  of  an  employee  on  grounds  of 
redundancy but in such a case, he should terminate the employment of the person who 
was engaged last in the class of employment affected by such redundancy. In the case of 
dismissal for a good and sufficient cause, the employer must quote the grounds for her 
dismissal  in  writing  in  her  notice  of  termination  and  send  a  copy  of  the  notice  to  the 
Director General responsible for employment and industrial relations.  

When an employee who is pregnant or has recently given birth or who is breastfeeding is 
in her probationary period, if the probationary period has not been exhausted on the date 
when the pregnant employee is to start her maternity leave, the probationary period shall 
be deemed to have been automatically suspended on the commencement of the maternity 
leave  for  the  whole  period  of  maternity  leave  and  for  any  period  of  incapacity  for  work 
owing to a pathological condition arising out of confinement in the five weeks following the 
end of maternity leave. Any remaining probationary period will thereafter continue to run 
upon  her  return  to  work  following  the  end  of  the  maternity  leave  or  from  a  period  of 
incapacity for work following the end of such leave. If a pregnant employee or an employee 
who has  recently given birth or who is breastfeeding is granted special maternity leave 
before  the  probationary  period  has  been  exhausted,  the  probationary  period  will  be 

29 

 
 
 
 
 
 
 
 
 
 
 
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considered to have been automatically suspended for the duration of the special maternity 
leave. It will only start to run again upon her return to work. If the employer decides to 
dismiss  a  pregnant  employee  during  the  probationary  period,  the  employer  is  bound  to 
give the reason or reasons for the employee’s dismissal in writing at the time of dismissal 
to justify that the dismissal is unrelated to the employee’s condition. If no such reason is 
provided or if the employee considers the reason to be unjustified, and she considers that 
the dismissal was unfair, the employee may present a complaint of alleged unfair dismissal 
before the Industrial Tribunal within four months from the date of the dismissal. In any 
proceedings where the employee establishes before the tribunal facts from which it may 
be presumed that there has been direct or indirect discrimination related to her condition, 
the employer must prove that the dismissal was based on a good and sufficient cause and 
in  the  absence  of  such  proof,  the  Industrial  Tribunal  will  uphold  the  complaint.  If  the 
employer fails to give the reason or reasons for the employee’s dismissal in writing at the 
time of the dismissal, this failure shall be considered by the tribunal as an inference that 
the dismissal was indeed related to the employee’s condition. 

Exceptions, as defined in Article 10(1) of Directive 92/85, are allowed on the grounds of 
Article 36(4) and (14) of the EIRA, as prescribed in Regulation 12 (see next section).  

5.2.9  Employer’s  obligation  to  substantiate  a  dismissal  in  writing  (Article 10(2)  of 

Directive 92/85) 

The obligation is on the employer to substantiate any dismissal. Regulation 12(3) of the 
Protection of Maternity (Employment) Regulations states that in cases where there is good 
and sufficient cause to dismiss the employee, the employer shall ‘a) cite duly substantiated 
grounds for her dismissal in writing in her notice of termination; b) send a copy of such 
notice  to  the  Director’.  Moreover,  Regulation  12A(c)  stipulates  that,  if  the  employer 
decides  to  dismiss  a  pregnant  employee  during  the  probationary  period,  ‘the  employer 
shall  be  bound  to  give  reason  or  reasons  for  the  employee’s  dismissal  in  writing  at  the 
time of dismissal to justify that the dismissal is unrelated to the employee’s condition’. If 
the employer fails to give written reasons for dismissal at the time of dismissal or if the 
employee  considers  that  any  reason  given  by  the  employer  is  unjustified,  and  that  she 
considers that the dismissal was unfair, the employee may present a complaint of alleged 
unfair  dismissal  before  the  Industrial  Tribunal  within  four  months  from  the  date  of  the 
dismissal. 

5.2.10 Table on the protection against dismissal during pregnancy and maternity leave 

Table 2: Protection against dismissal during pregnancy and maternity leave 

Yes/no  Protected period 
Yes. 

From the day the 
employer is 
informed of the 
pregnancy to the 
end of the 
employee’s 
maternity leave or 
special maternity 
leave. 

Exceptions 
Redundancy; 
good and 
sufficient 
cause. 

Specific procedure? 
In cases where there is good and 
sufficient cause to dismiss the 
employee, the employer shall cite 
duly substantiated grounds for her 
dismissal in writing in her notice of 
termination and send a copy of 
such notice to the Director General 
responsible for employment and 
industrial relations. 

5.2.11 Maintenance  of  income  and  other  employment  rights  (Article 11(1)  and  (4)  of 

Directive 92/85)  

Regulation 6 of the Protection of Maternity (Employment) Regulations stipulates that when 
there is a risk to the health and safety, to the pregnancy, or to the child, the employee 
shall  be  removed  from  such  exposures,  either  by  temporarily  adjusting  the  working 

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Country report – Gender equality – Malta – 2025 

conditions, and/or working hours, or by assigning the employee to another job which is 
suitable and appropriate under such terms and conditions of employment which are not 
less favourable than those stipulated in her contract of employment. 

5.2.12 Case law on the protection against dismissal and the maintenance of income and 

other employment rights 

No case law has been reported. 

5.3  Maternity leave 

5.3.1  Maternity leave in national law (Article 8(1) and (2) of Directive 92/85) 

5.3.2  Regulation  6  of  the  Protection  of  Maternity  (Employment)  Regulations  stipulates 
that Maternity Leave is 18 weeks long and specifies that 4 weeks are to be taken 
before and 6 weeks are to be taken after the expected date of confinement.Paid 
maternity leave (Article 11(2)(b), (3) and (4) of Directive 92/85)  

Workers on maternity leave are entitled to 18 weeks of maternity leave, 14 weeks of which 
are paid at full wages by the employer. However, if an employee chooses to avail herself 
of the additional four weeks’ maternity leave beyond 14 weeks, the employer is not obliged 
to  pay  wages  for  those  extra  four  weeks.  A  maternity  leave  benefit  is  paid  by  the 
Government for the four weeks beyond the 14th week, in accordance with the provisions 
of the Social Security Act and Regulation 7 of the Protection of Maternity (Employment) 
Regulations. The ceiling for maternity leave benefits can vary from year to year. In 2024 
it was EUR 213.54 per week.54 In order to be eligible, the applicant must be a citizen of 
Malta or married to / cohabiting with a citizen of Malta, or is a citizen of a European Union 
Member State, or a citizen of a member country of the European Social Charter, or has 
refugee status or is an applicant from a third-world country and ordinarily resides in Malta 
or Gozo. 

5.3.3  Maintenance of employment rights (Article 11(2)(a) of Directive 92/85) 

Regulation  11  of  the  Protection  of  Maternity  (Employment)  Regulations  states  that  an 
employee who is on maternity or special maternity leave shall be entitled to all rights and 
benefits  which  may  accrue  to  other  employees  of  the  same  class  or  category  of 
employment  at  the  same  place  of  work,  including  the  right  to  apply  for  promotion 
opportunities at her place of work. 

5.3.4  Right to return to the same or an equivalent job (Article 15 of Directive 2006/54) 

Regulation 11 states that upon return to work, the employee shall be entitled to return to 
the same job or when this is no longer possible for a valid reason, to equivalent or similar 
work which is consistent with her original contract of employment. Bonuses and allowances 
related to performance or production are excluded. 

5.3.5  Case law on maternity leave 

The Court of Magistrates of Malta delivered a judgment on 3 May 2017 in the case Damian 
Mifsud et vs Gila Isabel Al Chaaer55 concerning the liability or otherwise of an employee to 
refund the full amount of wages received during maternity leave if she left the service of 
the  employer  before  the  end  of  six  months  from  the  termination  of  maternity  leave  in 
accordance with Article 36(20) of the Employment and Industrial Relations Act. The said 
provision  stipulates  that  where  an  employee  does  not  resume  work  at  the  end  of  her 

54   See: https://mysocialsecurity.gov.mt/BenefitPaymentRates.aspx. 
55   See: 

https://ecourts.gov.mt/onlineservices/Judgements/Details?JudgementId=0&CaseJudgementId=106368. 

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maternity leave or after resuming said employment, abandons the service of her employer 
without a good and sufficient cause within six months from the date of such resumption, 
she shall be liable to pay her employer a sum equivalent to the wages she received during 
her maternity leave. The Court stated that there was sufficient proof that the employee 
had  a  good  and  sufficient  cause  to  leave  her  employment  and  that  therefore  she  was 
exonerated from reimbursing her employer for maternity leave already paid. 

5.3.6  Table on maternity leave 

Table 3: Maternity leave 

Duration  Obligatory 

period 

18 
weeks. 

4 weeks before 
and 6 weeks 
after expected 
day of 
confinement. 

5.4  Paternity leave 

Possibility 
to share 
maternity 
leave? 

No. 

Right to 
return after 
the end of 
maternity 
leave 
Yes. 

Payment or 
allowance 

100 % wages for the 
first 14 weeks and 4 
weeks at the rate 
stipulated in the 
Social Security Act 
for Maternity Leave 
Benefit. 

5.4.1  Paternity  leave  in  national  law  (recital  26  Directive of  2006/54  and  Articles  3(a) 

and 4 of Directive 2019/1158)  

Regulation 4 of the Work-Life Balance for Parents and Carers Regulations stipulates that 
fathers,  or  ‘equivalent  second  parents’,  have  the  right  to  paternity  leave  of  10  working 
days. 

5.4.2  Paid paternity leave (Article 8(1) and (2) of Directive 2019/1158) 

Regulation  4(1)  of  the  Work-Life  Balance  for  Parents  and  Carers  Regulations  stipulates 
that the right to paternity leave is granted without loss of wages. To this end, payment is 
equivalent to the wages of the employee and paid by the employer. There are no eligibility 
conditions applicable in national legislation for paternity payment.  

5.4.3  Legal  protection  of  the  right  to  paternity  leave  (Articles  10,  11  and  12  of 

Directive 2019/1158) 

Article 14  of  the  Work-Life  Balance  for  Parents  and  Carers  Regulations  states  that  any 
dismissal or preparations for the dismissal of workers on the grounds that they applied for 
or have taken paternity leave is unlawful. Rights that have been acquired or that are in 
the  process  of  being  acquired  by  workers  on  the  date  when  leave  commences  shall  be 
maintained until the end of such leave. At the end of such leave from work, those rights, 
including any changes arising from the law, collective agreements or practice, shall apply. 
At the end of paternal leave, workers are entitled to return to their jobs or to equivalent 
posts on terms and conditions which are no less favourable to them, and to benefit from 
any improvement in working conditions to which they would have been entitled had they 
not taken the leave. There is a prohibition of discrimination against workers on the ground 
that  they  have  availed  themselves  of  paternity  leave.  Complaints  to  enforce  these 
provisions cannot lead to the employee suffering from adverse treatment or consequences. 
Moreover, any dismissal or preparations for the dismissal of workers on the ground that 
they have applied for or have taken paternal leave are unlawful.  

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5.4.4  Case law on paternity leave 

There is no case law to report. 

5.4.5  Table on paternity leave 

Table 4: Paternity leave 

Who is entitled? 

Duration 

Fathers or equivalent second parents, 
on the occasion of the birth or the 
adoption of a child for the purposes of 
providing care. 

10 working days to be taken 
immediately after the birth 
or adoption of a child. 

Payment or 
allowance 
100 % wages. 

5.5  Adoption leave 

5.5.1  Adoption leave in national law (Recital 27 of Directive 2006/54)56 

The  Adoption  Leave  National  Standard  Order  (SL  452.111),  which  came  into  force  on 
10 October 2016, provides in Section 3(1) that  

‘an  employee  who  is  the  parent  of  an  adopted  child  shall  be  entitled  to  an 
uninterrupted period of 18 weeks of adoption leave whenever a child is adopted and 
such  leave  shall  commence  on  the  date  when  the  child  passes  into  the  care  and 
custody of the adoptive parent or parents by means of a judgment of a court of law 
in the country of origin’.  

This  national  standard  order  does  not  apply  in  the  case  of  adoptions  where  the  person 
adopted is the natural offspring of either of the parents. 
An employee on adoption leave is entitled to the first 14 weeks of adoption leave with full 
wages. If the employee chooses to avail himself or herself of any additional adoption leave 
beyond  the  14  weeks,  the  employer  is  not  obliged  to  pay  any  wages  for  the  weeks  of 
adoption that go beyond these 14 weeks. However, such an employee would be entitled 
to any relevant benefit in respect of these additional four weeks under the Social Security 
Act if he or she chooses to avail himself or herself of such additional leave. The adoption 
leave benefit in 2024 was EUR 213.54 per week57. 

Single parents can take the full adoption leave. If there is more than one parent, but only 
one parent is in employment, the working parent can take the full adoption leave. If both 
parents  are  in  employment,  regardless  of  whether  with  different  employers  or  with  the 
same employer, each parent is entitled to such part of the 14 weeks of adoption leave as 
they may agree upon in writing. It is the responsibility of the employee requesting adoption 
leave, where there is  more than  one adoptive parent, to provide proof to the  employer 
that the other parent of the adoptive child is not in employment or there is an agreement 
between the parents that stipulates what part of the adoption leave is to be enjoyed by 
one parent and what part of the adoption leave is to be enjoyed by the other parent. 

56   Adoption leave is defined at EU level as an individual and non-transferable right to leave of men and 

women subsequent to the adoption of a child. While in the case of birth there are two distinct rights to 
create an early bonding with the child, i.e. maternity leave for the delivering mother and paternity leave for 
the other parent, in the case of adoption there is a single right to leave (adoption leave), which under the 
EU definition should be the same for each adoptive parent. 

57   See: https://mysocialsecurity.gov.mt/BenefitPaymentRates.aspx. 

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5.5.2  Legal protection of the right to adoption leave (Article 16 of Directive 2006/54) 

Section 6(4) of the Adoption Leave National Standard Order states that ‘an employee who 
intends to or avails himself of adoption leave shall not be dismissed by the employer by 
reason of the intention or availing himself of such adoption leave’. Moreover Section 6(5) 
states  that  ‘when  an  employee  intends  to  avail  himself  of  adoption  leave  during  his 
probationary period, the probationary period shall be suspended on the day of the start of 
the adoption leave and shall resume when the employee returns to work after the adoption 
leave’.  

Regulation 6(3) provides that the employee shall be entitled to resume work in the post 
they occupied on the commencement of the adoption leave, or in an analogous post if at 
the  time  when  they  become  so  entitled  the  post  they  formerly  occupied  is  no  longer 
available. 

5.5.3  Case law on adoption leave 

There is no case law to report. 

5.6  Parental leave 

5.6.1  Parental leave in national law (Article 5(1), (2) and (4) of Directive 2019/1158) 

Parental leave is 4 months for workers in the private sector and 12 months for workers in 
the public sector. In the private sector, the employee needs to be in the employment of 
the same employer for a continuous period of at least 12 months prior to being eligible to 
apply  for  parental  leave.  In  the  public  sector,  the  employee  needs  to  have  successfully 
completed his or her probationary period. When there are successive fixed-term contracts 
with the same employer, the sum of these contracts must be taken into account. When 
there  is  a  fixed-term  contract  that  is  renewed  within  a  six-month  period  from  its 
termination, the period between the two contracts must also be taken into account. 

Parental leave can be taken until the child is 8 years old and 10 years old in the public 
sector. In the public sector, parental leave may be availed of by either of the parents or 
shared by both parents, if they are both public employees, provided that they do not utilise 
parental  leave  concurrently  and  that  together  they  do  not  exceed  the  prescribed  limit, 
which is 12 months. The duration is expressed in months. Moreover, in the public sector, 
parents / legal guardians who have successfully completed their respective probationary 
period, are entitled to one unpaid five-year career break to be utilised for the care of a 
child / children under 10 years of age. The five years must be utilised in aggregate, and 
may be reduced by multiples of three months. Any career break declared in the application 
form which has not been utilised is forfeited and may only be taken for the care of another 
child / other children. Unpaid leave from the entitlement of five years may be shared once 
by both parents, for each child. 

The right to parental leave is an individual right for each of the parents. Two months of 
the parental leave cannot be transferred. 

5.6.2  Period of notice (Article 5(3) of Directive 2019/1158) 

Regulation 5(5) of the Work-Life Balance for Parents and Carers Regulations states that a 
worker  is  bound  to  give  a  minimum  of  two  weeks’  notice  in  writing,  specifying  the 
beginning and the end of the parental leave prior to taking such leave. 

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5.6.3  Postponement of parental leave (Article 5(5) of Directive 2019/1158) 

An  employer  may  temporarily  postpone  the  granting  of  parental  leave  for  justifiable 
reasons related to the operation of the place of work. Justifiable reasons include: (a) where 
the  work  carried  out  at  the  place  of  business  is  of  a  seasonal  nature;  (b)  where  a 
replacement cannot be found within the notice period given by the worker; (c) where the 
specific employment of the worker who requests parental leave is of strategic importance 
to  the  undertaking  or  place  of  business;  (d)  where  the  place  of  business  is  a  small 
enterprise employing not more than 10 people, provided that the employer consults with 
the worker in order to establish alternative dates when such leave may be availed of, in 
such a way as to avoid indefinite postponement of the requested parental leave; (e) where 
a significant proportion of the workforce applies for parental leave at the same time. 

The law states that the employer may postpone the granting of parental leave temporarily 
and does not quantify the period of postponement. If such postponement results in the 
loss of the parental leave entitlement or part thereof, it shall be the duty of the employer 
to immediately grant parental leave for a period equivalent to the leave still untaken, or 
for such other lesser period as may be requested by the employee. 

5.6.4  Flexible take-up of parental leave (Article 5(6) of Directive 2019/1158) 

Regulation 8(2) of the Work-Life Balance for Parents and Carers Regulations provides that 
when considering requests for parental leave, employers must, prior to any postponement, 
offer, to the extent possible, flexible ways of taking parental leave. 

The employer together with the worker may decide whether to grant parental leave on a 
full-time or a part-time basis or in a piecemeal way. 

5.6.5  Special rules for adoptive parents, parents with a disability and parents of children 

with a disability or a long-term illness (Article 5(8) Directive 2019/1158) 

The Minister for Employment and Industrial Relations may issue regulations to provide for 
conditions of access to, and detailed arrangements for, the application of parental leave 
adapted  to  the  needs  of  adoptive  parents,  parents  with  a  disability  and  parents  with 
children with a disability or a long-term illness. 

5.6.6  Paid parental leave (Article 8(1) and (3) of Directive 2019/1158) 

Regulation 6(1) of the Work-Life Balance for Parents and Carers Regulations provides that 
parental leave shall be paid for a period of 2 months at the same rate as established for 
the sickness benefit entitlement under the Social Security Act to be paid as follows: (a) 
50 % of entitlement will be paid where the child or children for whose care parental leave 
was granted has or have not attained 4 years of age; (b) 25 % of entitlement will be paid 
where the child or children for whose care parental leave was granted has or have attained 
the  age  of  4  years  but  has  or  have  not  yet  attained  the  age  of  6  years;  and  25 %  of 
entitlement  will  be  paid  where  the  child  or  children  for  whose  care  parental  leave  was 
granted has or have attained the age of 6 years but not yet attained the age of 8 years. 
The compensation will be paid by the Government until 2024, after which the cost will be 
covered by employers. 58 The sickness benefit per working day is EUR 24.56. 

58   See: Malta Today (2022) ‘Fathers to get 10 days paid leave on the birth of their child in law revision’, 12 

July 2022, 
https://www.maltatoday.com.mt/news/national/117793/fathers_to_get_10_days_paid_leave_on_the_birth
_of_their_child_in_law_revision#.YxBMGHZBzrc. 

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5.6.7  Legal  protection  of  the  right  to  parental  leave  (Articles  10,  11  and  12  of 

Directive 2019/1158) 

Rights that have been acquired or that are in the process of being acquired by workers on 
the date when leave commences, shall be maintained until the end of such leave. At the 
end  of  such  leave,  those  rights,  including  any  changes  arising  from  the  law,  collective 
agreements or practice, shall apply.  

At the end of parental leave, workers are entitled to return to their jobs or to equivalent 
posts on terms and conditions which are no less favourable to them, and to benefit from 
any improvement in working conditions to which they would have been entitled had they 
not taken the leave. 

Discrimination  against  workers  on  the  grounds  that  they  have  availed  themselves  of 
parental leave is prohibited.  

Following  the  prohibition  on  victimisation,  it  is  unlawful  for  any  worker,  or  any  worker 
being the employees’ representative, lodging a complaint with the employer or initiating 
legal proceedings against the employer for the purpose of enforcing compliance with the 
requirements  laid  down  in  regulations  on  Parental  Leave,  to  suffer  from  any  adverse 
treatment or consequences.  

Any dismissal, or preparations for the dismissal of workers on the grounds that they have 
applied for, or have taken parental leave shall be unlawful. However, notice of termination 
of employment may be given during the period of parental leave. A notice of termination 
given  by  either  the  employer  or  the  employee  during  parental  leave  shall  result  in  the 
automatic suspension of the parental leave from the date such notice is given. 

Workers  who  consider  that  they  have  been  dismissed  on  the  grounds  that  they  have 
applied for, or have taken parental leave, may request that the employer provides duly 
substantiated reasons for their dismissal. Such reasons must be provided by the employer 
in writing, within 15 days from a request therefor.  

When a worker establishes, before a competent authority, facts capable of giving rise to a 
presumption  that  they  have  been  dismissed  on  the  grounds  of  having  applied  for,  or 
availed themself of parental leave, it shall be the responsibility of the employer to prove 
that the dismissal was based on other grounds. 

5.6.8  Case law on parental leave 

There is no case law to report. 

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5.6.9  Table on parental leave 

Table 5: Table on parental leave 

Duration 
of leave 

Right to leave 
individual and 
non-
transferable? 

Paid 
period 

4 months.  Yes, for 2 

months. 

2 
months. 

Right to 
payment or 
allowance 
individual and 
non-
transferable? 
2 months are 
non-transferable.  

Payment or allowance 

50 % of entitlement is 
paid where the child or 
children has or have not 
reached 4 years of age; 
25 % of the entitlement 
will be paid when the 
child or children has or 
have reached the age of 
4 but not the age of 6 
years and 25 % of the 
entitlement is paid when 
the child or children has 
or have reached the age 
of 6 but not the age of 8. 
The rate is based on the 
rate established for 
sickness benefit. The 
daily rate per working 
day for sickness benefit 
for 2024 is EUR 24.56. 

5.7  Child-related leave in relation to surrogacy 

5.7.1  Prohibition of surrogacy 

Surrogacy is prohibited by virtue of the Embryo Protection Act (Chapter 524 of the Laws 
of Malta) whereby Article 6(f) states that whoever carries out an artificial fertilisation of, 
or  transfers  a  human  embryo  into,  a  woman  who  is  prepared  to  give  up  her  child 
permanently after birth (surrogate mother) shall be guilty of an offence. Punishment is a 
fine (multa) of no less than EUR 5 000 and not exceeding EUR 15 000, or imprisonment 
not exceeding three years, or both such fine and imprisonment. The woman into whom 
the egg cell or embryo is transferred shall have the punishment decreased by one or two 
degrees (either 13 months to 2 years or 9 months to 18 months).59 

5.7.2  Child-related leave in relation to surrogacy 

There is no leave related to surrogacy. 

5.7.3  Case law on child-related leave in relation to surrogacy 

There is no case law to report. 

59   See: https://legislation.mt/eli/cap/524/eng.  

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5.8  Carers’ leave 

5.8.1  Carers’  leave  in  national  law  (Articles  3(1)(c),  (d)  and  (e)  and  6  of 

Directive 2019/1158) 

Public service and public sector (public administration) employees who have successfully 
completed  their  respective  probationary  period  may  avail  themselves  of  unpaid 
‘responsibility leave’ to take care of dependent elderly parents, sons and daughters, or the 
spouse / partner in a civil union.  This is similar to the type of carers’ leave available to 
employees  in  the  private  sector.  However,  in  the  private  sector  such  leave  is  only  five 
working days. For public administration employees, approved unpaid leave arrangements 
are valid for 12 months, which may be renewed on a yearly basis. In cases requiring care 
of children, this unpaid leave may be availed of by either of the parents or shared by both 
parents, provided that this leave is not taken concurrently and that together they do not 
exceed the prescribed limit, which is 12 months. If both parents intend to avail themselves 
of responsibility leave, the leave of each parent should be taken in one period. 

In  cases  requiring  care  of  an  elderly  parent / spouse / partner  in  a  civil  union,  the 
dependant must have no other responsible persons living with him/her during the day. It 
must be certified by a medical specialist that the dependant requires care. If both elderly 
parents are alive, they must be certified as being dependent on care. 

If the reason for which the responsibility leave was approved is no longer applicable, the 
employee is required to resume duties provided an advance notice of one month is given. 
Employees  who  resume  duties  will  not  normally  be  allowed  to  avail  themselves  of 
responsibility leave again for the same specific reason, before 12 months have elapsed. 
Exceptions may be made in special circumstances. So, it is possible to take it several times 
but in general not for the same specific reason. The Manual on Work-Life Balance Measures 
for Public Administration employees does not stipulate the number of times this leave can 
be renewed. 

In the case of employees in the private sector, Regulation 9 of the Work-life Balance for 
Parents and Carers Regulations stipulates that each worker has the right to carers’ leave 
of five working days per year. The said leave is unpaid. 

Regulation  3  defines  carers’  leave  as  leave  from  work  for  workers  in  order  to  provide 
personal care or support to a relative, or to a person who lives in the same household as 
the worker, and who is in need of care or support for a serious medical reason. 

5.8.2  Legal  protection  of  the  right  to  carers’  leave  (Articles  10,  11  and  12  of 

Directive 2019/1158) 

Rights that have been acquired or that are in the process of being acquired by workers on 
the date when leave commences, shall be maintained until the end of such leave. At the 
end  of  such  leave,  those  rights,  including  any  changes  arising  from  the  law,  collective 
agreements or practice, shall apply.  

At the end of carers’ leave, workers are entitled to return to their jobs or to equivalent 
posts on terms and conditions which are no less favourable to them, and to benefit from 
any improvement in working conditions to which they would have been entitled had they 
not taken the leave. 

Discrimination  against  workers  on  the  grounds  that  they  have  availed  themselves  of 
carers’ leave is prohibited.  

Following  the  prohibition  on  victimisation,  it  is  unlawful  for  any  worker,  or  any  worker 
being the employees’ representative, lodging a complaint with the employer or initiating 

38 

 
 
 
 
 
 
 
 
 
 
 
Country report – Gender equality – Malta – 2025 

legal proceedings against the employer for the purpose of enforcing compliance with the 
requirements laid down in Carers’ Leave regulations, to suffer from any adverse treatment 
or consequences.  

Workers  who  consider  that  they  have  been  dismissed  on  the  grounds  that  they  have 
applied  for,  or  have  taken  carers’  leave,  may  request  the  employer  to  provide  duly 
substantiated reasons for their dismissal. Such reasons must be provided by the employer 
in writing, within 15 days from a request therefor.  

When a worker establishes, before a competent authority, facts capable of giving rise to a 
presumption  that  they  have  been  dismissed  on  the  grounds  of  having  applied  for,  or 
availed themself of  carers’ leave, it shall be the  responsibility of the  employer to prove 
that the dismissal was based on other grounds. 

5.8.3  Case law on carers' leave 

There is no case law to report. 

5.8.4  Table on carers’ leave 

Table 6: Table on carers’ leave 

National leave 
and duration 
12 months for 
public 
administration 
employees / 5 
days for 
employees in 
private sector. 

Type of 
entitlement 
Unpaid leave in the 
case of public 
administration 
employees’ 
entitlement; 5 
working days per 
year for employees 
in the private sector. 

Beneficiaries 

Employees caring for 
dependent elderly 
parents, sons and 
daughters, or the 
spouse / partner in a 
civil union. 

Situations 
covered 
Personal care or 
support to a 
relative, or to a 
person who lives in 
the same 
household as the 
worker, and who is 
in need of care or 
support for a 
serious medical 
reason.  

5.9  Time off for force majeure 

5.9.1  Time off for force majeure (Article 7 of Directive 2019/1158) 

Regulation 4 of the Urgent Family Leave Regulations (SL 452.88) states that all employees 
are entitled to time off from work on grounds of force majeure for urgent family reasons 
in  cases  of  sickness  or  accident  making  the  immediate  presence  of  the  employee 
indispensable. The Regulation gives examples of the circumstances that give rise to such 
time off from work on grounds of force majeure including: accidents to members of the 
immediate family of the employee; the sudden illness or sickness of any member of the 
immediate  family  of  the  employee  requiring  the  assistance  or  the  presence  of  the 
employee; and the presence during births and deaths of members of the immediate family 
of the employee. The immediate family is defined as the husband, wife and their children 
(whether they are married or unmarried), as well as family relations up to the first degree 
whether living in the same household or not and persons having legal custody of a child. 

Regulation 5 adds that no advance notification is required to be given by the employee 
except in those cases where it is possible for the employee to give at least 24 hours’ notice 
of an event that is to take place and requires the absence of the employee from the place 
of work for urgent family reasons. 

39 

 
 
 
 
 
 
 
 
 
 
 
 
Country report – Gender equality – Malta – 2025 

The minimum time off from work that employers are bound to grant to every employee is 
15 hours with pay. This leave will be deducted from the annual leave entitlement of the 
employee. The employer has the right to establish the maximum number of hours of time 
off from work in each particular case, but the minimum time should not be less than one 
hour per case unless there is specific agreement from the employee. The employer also 
has  the  right  to  demand  such  evidence  as  may  be  necessary  to  verify  and  confirm  the 
request for urgent leave by the employee. 

The Manual on Work-Life Balance Measures for Public Administration employees provides 
for 16 hours of urgent family leave for employees in the public service. These hours must 
be taken in not more than four sessions. 60 

5.9.2  Legal protection  of the  right to time off  for  force majeure (Articles 10 and 11  of 

Directive 2019/1158) 

Regulation 12 of the Work-Life Balance for Parents and Carers Regulations stipulates that 
discrimination against workers on the grounds that they have availed themselves of time 
off from work on grounds of force majeure, shall be prohibited. 

5.9.3  Case law on time off for force majeure 

There is no case law to report. 

5.9.4  Table on time-off for force majeure 

Table 7: Table on time-off for force majeure  

National measure and 
duration 
15 hours in the private 
sector; 16 hours for 
public administration 
employees, taken in not 
more than 4 sessions. 

Type of 
entitlement 
Part of annual 
leave 
entitlement. 

Situations covered 

Situations include accidents to members of 
the immediate family of the employee; the 
sudden illness or sickness of any member 
of the immediate family of the employee 
requiring the assistance or the presence of 
the employee; and the presence during 
births and deaths of members of the 
immediate family of the employee. 

5.10 Flexible working time arrangements (FWAs) 

5.10.1 Right to FWAs (Article 3(1)(d) and (f) and 9 of Directive 2019/1158) 

Regulation 10 of the Work-Life Balance for Parents and Carers Regulations provides that 
workers  have  a  right  to  request  flexible  working  arrangements.  Flexible  working 
arrangements refer to the possibility for workers to adjust their working patterns, including 
the use of remote working arrangements, flexible working schedules or reduced working 
hours. 
Only workers with children up to the age of eight years and carers have the right to request 
flexible working arrangements. 

With regard to employees who work in the public service or public sector, those who have 
successfully  completed  their  respective  probationary  period  are  eligible  to  apply  for 
reduced  working  hours.  Eligibility  includes  employees  who  are  availing  themselves  of 

60   Office of the Principal Permanent Secretary, Office of the Prime Minister (2023 – latest version), Manual on 

Work-Life Balance Measures, p. 21. 
https://publicservice.gov.mt/Media/PSMC%20Documents/Manual_on_Work-
Life_Balance_Measures.pdf.pdf?id=2024-08-01. 

40 

 
 
 
 
 
 
 
 
 
 
 
 
 
Country report – Gender equality – Malta – 2025 

parental leave  or who  would have been  entitled to parental leave, had they applied; or 
those who are availing themselves of responsibility leave or would have been entitled to 
responsibility leave, had they applied. Employees on parental or responsibility leave are 
allowed to suspend the unpaid leave and return to work on reduced hours, provided that 
they apply at least one month in advance of suspending the unpaid leave. Employees may 
also  produce  a  medical  specialist’s  certificate,  certifying  that  for  medical  or  serious 
humanitarian and/or family reasons, they may not attend their duties on a full-time basis. 
This is not an exhaustive list and other reasons may also be considered. 

5.10.2 Duration of FWAs (Recital 35 and Article 9(1) and (3) of Directive 2019/1158)  

Regulation 10 of the Work-Life Balance for Parents and Carers Regulations provides that 
flexible working arrangements may be limited in duration in which case, the worker has 
the  right  to  request  to  return  to  the  original  working  pattern  before  the  agreed  period 
where justified on the  basis  of a change in  circumstances.  The  employer must  consider 
and respond to a request for an early return to the original working pattern, taking into 
account the needs of both the employer and the worker. 

5.10.3 Legal protection of the right to FWAs (Articles 11 and 12 of Directive 2019/1158) 

Regulation 12 of the Work-Life Balance for Parents and Carers Regulations stipulates that 
discrimination against workers on the grounds that they have availed themselves of time 
off from work on grounds of any flexible arrangement, shall be prohibited. Workers who 
lodge a complaint to enforce these regulations cannot suffer from any adverse treatment 
or consequences. Any dismissal of workers on the grounds that they have exercised the 
right to request flexible working arrangements is unlawful.   

5.10.4 Case law on FWAs and legal protection of the right to FWAs 

There is no case law to report. 

5.10.5 Table on FWAs 

Table 8: Table on FWAs  

National system/s 

Flexible working arrangements; 
work on reduced hours. 

Absolute or 
relative right 
Relative right. 

FWAs covered and workers 
entitled 
Workers with children up to 
age of 8 years and carers. 

5.11 Evaluation of implementation 

National law implements the EU law discussed in this chapter satisfactorily, especially as 
far as minimum rights are concerned. There was an opportunity to introduce more effective 
measures but in general only minimum requirements were adopted. 

5.12 Remaining issues 

There are no remaining issues. 

41 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Country report – Gender equality – Malta – 2025 

6 

Occupational social security schemes (Chapter 2 of Directive 2006/54) 

6.1  General (legal) context 

6.1.1  Issues related to gender equality and social security 

There are no issues to report at present. 

6.1.2  Political and societal debate and pending legislative proposals 

There is nothing to report. 

6.2  Direct and indirect discrimination 

Direct  and  indirect  discrimination  on  the  ground  of  sex  in  occupational  social  security 
schemes  is  prohibited  by  means  of  Regulations  3  and  4  of  the  Equal  Treatment  in 
Occupational  Social  Security  Regulations  with  regard  to  the  scope  of  the  schemes  and 
conditions for accessing them, the  obligation to contribute to the schemes and the way 
that the contributions are calculated, the way the benefits are calculated and the conditions 
governing them. 

Any provisions such as those determining who may participate in an occupational scheme, 
fixing  the  compulsory  or  optional  nature  of  participation  in  an  occupational  scheme, 
different rules regarding age of entry into a scheme or minimum period of employment or 
membership of a scheme in order to obtain benefits, different conditions for granting or 
restricting benefits that is  contrary to  equal treatment, fixing different retirement ages, 
suspending the retention or acquisition of rights during periods of maternity leave or leave 
for family reasons and setting different levels of benefits except as may be necessary to 
take account of actuarial calculation factors will be considered null and void. 

On 4 December 2015, Act 39 of 2015 amended the Social Security Act (Chapter 318 Laws 
of Malta), to include the right of appeal from any decision of the Director of Social Security 
on any question of law or principle of importance arising in connection with any claim of 
discrimination on the ground of sex made by any person concerning the determination of 
that person’s eligibility and entitlement for any benefit, pension, allowance and assistance 
payable under the act. 

6.3  Personal scope 

The personal scope of national law relating to occupational social security schemes is as 
required by Article 6 of Directive 2006/54. 

6.4  Material scope 

The  material  scope  is  the  same  as  required  by  Article 7  of  Directive 2006/54.  On 
15 January 2016, the Equal Treatment in Occupational Social Security and Other Pensions 
Schemes Regulations (SL 318.20) were amended through Legal Notice 13 of 2016 in order 
to  widen  the  material  scope  of  national  law  and  include  pension  schemes  for  particular 
categories of workers,  which provide for benefits payable by  reason of the employment 
relationship with the public employer and established under the Malta Armed Forces Act, 
the Police Act, the Prisons Act and the Pensions Ordinance. The legal notice also included 
the definition of the term ‘scheme’, which defines scheme as occupational social security 
schemes and ‘pension schemes within the scope of these regulations’. The regulations are 
applicable  to:  (a)  members  of  the  working  population,  including  self-employed  or  self-
occupied persons, persons whose activity is interrupted by illness, maternity, accident or 
involuntary  unemployment  and  persons  seeking  employment,  retired  and  disabled 
workers, and those claiming under them, in accordance with the provisions of applicable 

42 

 
 
 
 
 
 
 
 
 
 
 
 
 
Country report – Gender equality – Malta – 2025 

law, and/or practice; (b) occupational schemes which provide protection against sickness, 
invalidity,  old  age,  early  retirement,  industrial  accidents,  occupational  diseases  and 
unemployment; (c) occupational schemes which provide for other social benefits, whether 
in  cash  or  in  kind,  and  in  particular  survivors’  benefits  and  family  allowances  if  such 
benefits  are  accorded  to  employed  persons,  constituting  a  consideration  paid  by  the 
employer to the worker by reason  of the latter’s  employment; (d) pension schemes for 
particular  categories  of  workers  which  provide  for  benefits  payable  by  reason  of  the 
employment relationship with the public employer and established under the Malta Armed 
Forces Act, the Police Act, the Prisons Act and the Pensions Ordinance. 

6.5  Exclusions 

Regulation 1(5) of the Equal Treatment Regulations specifies that the regulations do not 
apply to: a) individual contracts for self-employed workers; b) schemes for self-employed 
workers having only one member; c) insurance contracts, in the case of salaried workers, 
to  which  the  employer  is  not  a  party;  d)  optional  provisions  of  occupational  schemes 
offered to participants individually to guarantee them – i) additional benefits, or ii) a choice 
of date on which the normal benefits for self-employed workers will commence or, a choice 
between several benefits; e) occupational schemes in so far as benefits are financed by 
contributions paid by workers on a voluntary basis. 

6.6  Laws  and  case  law  falling  under  the  examples  of  sex  discrimination 

mentioned in Article 9 of Directive 2006/54 

There are no relevant laws or case law. 

6.7  Actuarial factors 

Article 5  of  Directive 2006/54  was  transposed  in  Regulation  5  of  the  AGS  Regulations 
issued by the Minister for Social Policy under the Equality for Men and Women Act. These 
regulations were amended by the Access to Goods and Services and their Supply (Equal 
Treatment)  (Amendment)  Regulations  2012 61  in  order  to  bring  the  regulations  into  line 
with the Test-Achats ruling and the guidelines issued by the European Commission. 

Moreover, on 13 February 2012, the Malta Financial Services Authority (MFSA) amended 
Insurance Rule 6 of 2011 on the scheme of operations relating to the business of insurance 
so  as  to  refer  to  the  guidelines  issued  by  the  European  Commission  to  clarify  that  the 
unisex  rule  contained  in  Article 5(1)  of  Directive 2006/54  is  to  apply  to  all  insurance 
contracts entered into after 21 December 2012. 

6.8  Difficulties 

There are no difficulties to report. 

6.9  Evaluation of implementation 

National law adequately implements EU law in this regard. 

6.10 Remaining issues 

There are no remaining issues to report. 

61   Legal Notice 417 of 2012, published in the Malta Government Gazette No. 18 995 on 30 November 2012. 

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7 

Statutory schemes of social security (Directive 79/7) 

7.1  General (legal) context 

7.1.1  Overview of national acts 

The Social Security Act establishes a scheme of statutory social security and consolidates 
with amendments existing provisions concerning the payment of social insurance benefits, 
pensions  and  allowances,  social  and  medical  assistance,  non-contributory  pensions  and 
the  payment  of  social  insurance  contributions  by  employees,  employers,  self-employed 
people and the state.  

7.1.2  Political and societal debate and pending legislative proposals 

There are no current debates or pending legislative proposals to report. 

7.2  Implementation of the principle of equal treatment for men and women in 

matters of social security 

The Social Security Act, which is deemed to cover all the relevant risks and the general 
principle  of  equality  between  men  and  women,  is  applied.  The  Equal  Treatment  in 
Occupational Social Security and Other Pension Schemes (SL 318.20) stipulates in Article 3 
that it is unlawful to directly or indirectly discriminate against a person. Discrimination can 
refer to the scope of the schemes and the conditions of access to them, the obligation to 
contribute and the calculation of contributions and the calculation of benefits due in respect 
of  a  spouse  or  dependants  and  the  conditions  governing  the  duration  and  retention  of 
entitlement to benefits. 

7.3  Personal scope 

The personal scope of national legislation is the same as Article 2 of Directive 79/7. 

7.4  Material scope 

The material scope is the same as Article 3(1) and (2) of Directive 79/7. 

7.5  Exclusions 

In  general,  in  the  past,  Maltese  law  has  not  addressed  the  exclusions  referred  to  in 
Article 7(1) of Directive 79/7. However, the Government has declared its intention to abide 
by its obligation under the Directive to periodically examine the matter of the exclusions. 
For  example,  the  statutory  scheme  was  in  fact  amended  by  the  Social  Security 
(Amendment)  Act  of  2006  to  provide  for  equal  retirement  ages  and  for  the  gradual 
(phased-in) increase in the retirement age to 65 for both men and women. 

Act  39  of  2015,  which  came  into  force  on  4  December  2015,  stipulates  different 
entitlements  for  married  persons  depending  on  whether  the  spouse  is  a  dependant  or 
otherwise. Moreover, the act amended the provision referring to a married couple in cases 
where both husband and wife qualify for a pension. Whereas before, the pension payable 
to the wife ceased to be payable, the amendment stipulates that where a married couple 
both qualify for a pension, any such pension shall be apportioned equally between each of 
the spouses. 

7.6  Actuarial factors 

Sex is not used as an actuarial factor. 

44 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Country report – Gender equality – Malta – 2025 

7.7  Difficulties 

There are no specific difficulties to report. 

7.8  Evaluation of implementation 

National law implements EU law in a satisfactory manner. 

7.9  Remaining issues 

There are no remaining issues. 

45 

 
 
 
 
 
 
 
Country report – Gender equality – Malta – 2025 

8 

Self-employed  workers  (Directive 2010/41/EU  and  some 
provisions of the Recast Directive) 

relevant 

8.1  Implementation of Directive 2010/41/EU 

Directive 2010/41 was transposed by means of an amendment to the Equality for Men and 
Women  Act  and  an  amendment  to  the  Equal  Treatment  in  Self-Employment  and 
Occupation (ETSEO) Order. The Equality for Men and Women Act includes a definition of 
‘self-employed worker’, which is defined in line with Directive 2010/41/EU as ‘all persons 
pursuing a gainful activity for their own account, and the spouses of self-employed workers 
not  being  employees  or  business  partners,  where  they  habitually  participate  in  the 
activities of the self-employed worker and perform the same tasks or ancillary tasks’. 

The ETSEO Order was also amended to include spouses of persons in self-employment or 
occupation, not being employees or business partners, ‘where they habitually participate 
in the activities of the self-employed or occupied person and perform the same tasks or 
ancillary tasks’. Moreover, Article 4A of the ETSEO Order stipulates that no person who is 
self-employed  or  in  self-occupation  can  be  discriminated  against  in  relation  ‘to  the 
establishment, equipment or extension of a business or the launching or extension of any 
other form of self-employed activity or occupation’. 

8.2  Personal scope 

8.2.1  Scope 

The Equality for Men and Women Act defines employment as any gainful activity including 
self-employment. 

8.2.2  Definitions 

Article 2 of the Equality for Men and Women Act defines self-employment as ‘all persons 
pursuing a gainful activity for their own account, and the spouses of self-employed workers 
not  being  employees  or  business  partners,  where  they  habitually  participate  in  the 
activities of the self-employed worker and perform the same tasks or ancillary tasks’.  

8.2.3  Categorisation and coverage  

All self-employed workers are considered part of the same category. 

8.2.4  Recognition of life partners 

Neither Article 2 of the Equality for Men and Women Act nor the Equal Treatment in Self-
Employment and Occupation Order refer to ‘life partners.’ However, it would now seem to 
be the position at law that the word ‘spouse’ in the act will be interpreted to cover a life 
partner if there is a civil union registered under the Civil Unions Act 2014. Article 4 of the 
Civil Unions Act assimilates a civil union with marriage and declares that, as provided in 
the  act,  a  civil  union,  once  registered,  ‘shall  have  the  corresponding  effects  and 
consequences in law of a properly contracted civil marriage’. No judicial interpretation of 
this provision has so far been given, but it would seem that unregistered unions would not 
produce any legal effects. 

However, Section 13(2) of the Cohabitation Act (Chapter 614 of the Laws of Malta) states 
that a cohabitant has the right to be entitled to non-contributory social assistance when 
the cohabitant is a person, who in the opinion of the Director of Social Services is living 

46 

 
 
 
 
 
 
 
 
 
 
 
 
 
Country report – Gender equality – Malta – 2025 

with the head of the family as if they were spouses in marriage62 according to the Social 
Security Act. 

8.3  Material scope 

8.3.1  Implementation of Article 4 of Directive 2010/41/EU 

The provision is framed within the concept of non-discrimination. 

8.3.2  Material scope 

The  material  scope  is  equivalent  to  the  material  scope  defined  in  Article 4  of 
Directive 2010/41/EU. In fact, Article 4A of the Equal Treatment in Self-Employment and 
Occupation Order states  

‘1)  No  person  in  self-employment  or  occupation  shall  be  discriminated  against  in 
relation to the establishment, equipment or extension of a business or the launching 
or  extension  of  any other  form  of  self-employed activity or  occupation. 2) For the 
purpose  of  this  Order,  a  person  in  self-employment  or  occupation  shall  also  be 
deemed  to  have  been  discriminated  against  if  in  relation  to  the  establishment, 
equipment or extension of a business or the launching or extension of any other form 
of  self-employed  activity  or  occupation  he  is  subject  to  harassment  or  sexual 
harassment, or if any person is instructed to discriminated against a self-employed 
or occupied person’. 

8.4  Positive action 

No  positive  action  has  been  taken,  although  Article 2(4)(b)  of  the  Equality  for  Men  and 
Women Act provides that nothing shall be deemed to constitute discrimination insofar as 
the ‘treatment’ at issue constitutes measures of positive action for the purpose of achieving 
substantive equality for men and women. 

Furthermore,  it  is  worth  noting  that  the  pending  equality  bill  makes  reference  to 
substantive  equality  and  states  in  Section 6(c)  that  measures  of  positive  action  or 
reasonable accommodation for the purpose of achieving equality in practice shall not be 
deemed to constitute discrimination.63  

8.5  Social protection 

Social protection is available to all in work on a compulsory basis through the payment of 
weekly contributions. The contributory scheme is universal in the sense that it is a system 
where an employee, a self-occupied or self-employed person pays a weekly contribution 
as laid down by the Social Security Act. All employed, self-employed, self-occupied and 
unemployed  persons  may  be  insured.  Therefore,  as  long  as  someone  is  registered  with 
the Department of Social Security and makes  the minimum payments as required, that 
person is covered for a pension and all other benefits (health, unemployment, maternity 
etc). 

There  is  little  regulation  at  the  moment  on  occupational  pensions.  Some  occupational 
pensions  do  exist,  but  these  are  very  limited.  The  spouse  or  cohabitant  would  have  to 
declare their work situation as either an employee or as a self-employed person and pay 
contributions as required in order to benefit from social security provisions. 

62   Laws of Malta, Chapter 614 – Cohabitation Act: https://legislation.mt/eli/cap/614/eng. 
63   Pending Equality Bill 2019: https://parlament.mt/media/101105/3-bill-96-equality-bill.pdf. 

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8.6  Maternity benefits 

Under  Maltese  law,  all  women  who  are  in  employment,  self-employment  or  self-
occupation, are eligible for maternity benefits, as defined in the Social Security Act. The 
2024 maternity benefits amount to EUR 213.54 per week. 

The author of this report believes that these maternity benefits meet the requirement of 
sufficiency  under  Article 8(3)(a).  No  specific  provision  has  been  made  with  regard  to 
ensuring access to temporary replacement services.  

8.7  Occupational social security 

8.7.1  Implementation of provisions regarding occupational social security 

The relevant legislation is the Equal Treatment in Occupational Social Security Schemes 
Regulations,  Legal  Notice  317  of  2005,  enacted  under  the  Social  Security  Act.  The 
extension  of  the  material  scope  to  occupational  social  security  schemes  is  reflected  in 
Maltese law. 

Article 3(1)  states  that  it  will  be  unlawful  for  a  person  to  subject  another  person  to 
discriminatory treatment, whether directly or indirectly, particularly with regard to  

‘a) the scope of the schemes and the conditions of access to them b) the obligation 
to contribute and the calculation of contributions and c) the calculation of benefits, 
including supplementary benefits due in respect of a spouse or dependants and the 
conditions governing the duration and retention of entitlement to benefits’. 

8.7.2  Application  of  exceptions  for  self-employed  persons  regarding  matters  of 

occupational social security (Article 11 of Recast Directive 2006/54) 

The Voluntary Occupational Pension Scheme Rules (SL 123.175) do not refer to this. 

8.8  Prohibition of discrimination 

Regulation 4 of the Equal Treatment in Self-Employment and Occupation Order provides 
that:  

‘Regulations  1  to  8,  both  inclusive,  12,  12A,  13  and  14  of  the  relevant  [Equal 
Treatment  in  Employment]  regulations,  shall  be  applicable  to  all  persons,  also  in 
relation to conditions for access to self-employment or to occupation, including the 
spouses  of  persons  in  self-employment  or  occupation,  not  being  employees  or 
business  partners,  where  they  habitually  participate  in  the  activities  of  the  self-
employed or occupied person and perform the same tasks or ancillary tasks, and the 
provisions of regulation 1(3) and (4) of the relevant regulations shall be understood 
and construed accordingly.’ 

8.9  Evaluation of implementation 

National law implements EU law satisfactorily with regard to protection from discrimination 
for the self-employed. 

48 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Country report – Gender equality – Malta – 2025 

8.10 Remaining issues 

In order to alleviate the hardships caused by the COVID-19 pandemic, Malta Enterprise 64 
set  up  the  COVID  wage  supplement.  Funds  were  forwarded  to  employers  in  order  to 
provide  basic  wage  cover  to  employees.  The  funds  differed  according  to  the  sector  and 
were given as a grant to employers to help them mitigate the effects of the pandemic and 
prevent job losses The grants varied according to whether the employees were employed 
on a full-time or part-time basis and whether they were based in Malta or in Gozo. 

Full-time employees of enterprises operating in sectors that suffered drastically due to the 
COVID-19  pandemic  or  that  had  to  temporarily  suspend  operations  on  the  order  of  the 
Superintendent of Public Health were entitled to up to five days’ salary based on a monthly 
wage  of  EUR 800.  This  included  all  self-employed  people.  Part-time  employees  were 
eligible for EUR 500 per month.  

Full-time  employees  of  enterprises  in  other  adversely  affected  sectors,  including 
wholesale,  manufacturing  and  warehousing  were  entitled  to  one  day’s  salary  per  week 
equivalent to EUR 160 per month. Employers employing part-time employees were eligible 
to one day’s salary per week, equivalent to EUR 100 per month for said employee. In the 
case of Gozo-based65 enterprises, this increased to two days’ salary per week equivalent 
to  EUR 320  per  month  for  full-time  employees,  and  EUR 200  per  month  for  part-time 
employees. The  self-employed  in  other  adversely  affected  sectors  who  had  employees 
were entitled to two days’ salary per week, equivalent to EUR 320 per month. 

Self-employed persons based in Gozo operating in other adversely affected sectors were 
entitled  to  EUR 320  per  month  increasing  to  EUR 480,  for  those  self-employed  persons 
who  employ  staff,  and  the  employees  were  entitled  to  two  days’  salary  calculated  on 
EUR 800 a month. 

64   Malta Enterprise is Malta’s economic development agency, tasked with attracting new foreign direct 

investment as well as facilitating the growth of existing operations. 

65   Gozo is an island off the coast of Malta. 

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Country report – Gender equality – Malta – 2025 

9 

Goods and services (Directive 2004/113) 66 

9.1  General (legal) context 

9.1.1  Specific  problems  of  discrimination 

in 

the  online  environment/digital 

market/collaborative economy 

There are no specific problems of discrimination in this sector. 

9.1.2  Political and societal debate 

The debate has not centred on issues of discrimination in this regard. 

9.2  Prohibition of direct and indirect discrimination 

National law prohibits direct and indirect discrimination on grounds of sex by means of the 
AGS Regulations enacted under the Equality for Men and Women Act 2003. 

The Equality for Men and Women Act itself already contained some provisions that can be 
considered  as  implementing  some  of  the  principles  of  the  directive.  For  example, 
Articles 8(1) and (3), 9, and 10 of the Act, on educational guidance, sexual harassment, 
and discriminatory advertising, respectively. 

In  2019,  the  Commissioner  of  the  National  Commission  for  the  Promotion  of  Equality 
(NCPE) concluded a case regarding allegations of discrimination on the basis of gender. 
The  complainant  stated  that  whilst  she  and  her  partner  had  clearly  indicated  in  their 
original application for children’s allowance that she was to be listed as ‘Parent 1’, this had 
been  ignored  by  the  department  concerned.  She  further  explained  that  whilst  both  had 
signed a document stating that all correspondence was to be addressed to her, this had 
not  been  the  case.  The  Department  of  Social  Security  insisted  that  irrespective  of  how 
they  had  filled  in  the  application  form,  the  man  was  considered  to  be  the  ‘Head  of  the 
Household’ and is therefore considered to be ‘Parent 1’. The Commissioner noted that the 
original children’s allowance application submitted by the complainant and her partner had 
been  marked  by  the  department,  presumably  as  a  reference,  with  the  father’s  identity 
card  number,  even  though,  as  previously  outlined,  both  parents  had  indicated  the 
complainant as ‘Head of the Household.’  

In its reply, the department stated that the documents were sent to the father rather than 
the complainant because he had renewed his identity card document in 2018, whilst the 
complainant’s identity card document was renewed in 2014, and therefore it was assumed 
that  the  father’s  address  was  the  correct  one.  This  was,  however,  contradicted  by  a 
document  presented  by  the  complainant  that  indicated  that  she  had  advised  the 
department that both parents were living in the same residence at the address indicated 
by the complainant.  

The department argued that such omissions did not occur due to a patriarchal mentality 
adopted by the department but were merely an issue of limitations in the IT system, which 
required  a  long  overdue  update.  The  Commissioner  stated  that  since  both  parents  had 
indicated  that  the  complainant  was  to  be  considered  as  ‘Head  of  the  Household’,  all 
documentation should have been sent to her. The Commissioner further stated that this 
had not been the case, since the file was in the father’s name. The Commissioner found 
that this was not merely due to the limitations of the department’s IT system as argued 
by the department, which automatically refers to the father’s ID card, but also due to the 

66   See e.g. Caracciolo di Torella, E. (2021) Directive 2004/113EC on Gender equality in goods and services – 

In search of the potential of a forgotten directive, European network of legal experts in gender equality and 
non-discrimination, available at: https://www.equalitylaw.eu/downloads/5614-directive-2004-113-ec-on-
gender-equality-in-goods-and-services-in-search-of-the-potential-of-a-forgotten-directive-1-38-mb. 

50 

 
 
 
 
 
 
 
 
 
 
 
 
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patriarchal culture still present within the department, which considers the man as ‘Head 
of the Household’.  

Following  a  thorough  investigation,  the  Commissioner  reached  the  opinion  that  the 
complainant’s allegations did in fact amount to direct discrimination on the basis of gender 
and  upheld  the  complaint  as  founded.  Moreover,  the  Commissioner  recommended  that 
training on equality and non-discrimination should be given to all members of staff within 
the department, particularly those in contact with the public.67  

In  2020,  the  NCPE  Commissioner  concluded  an  ex  officio  investigation  regarding 
allegations of discrimination experienced by women in having to declare their civil status 
upon entering a notarial contract. When any party on a deed was a woman, she had to 
state  whether  she  was  a  spinster,  a  married  woman  or  a  widow.  Although  there  was  a 
constitutional case in this regard, deeming this to be discriminatory, the ruling of the court 
was  not  being  observed  in  its  entirety.  The  NCPE  Commissioner  initiated  an  ex  officio 
investigation into the matter. A sitting was held with the President of the Notarial Council, 
in which he declared that he fully agreed with the ruling as well as with the allegations 
that  such  practice  was  indeed  discriminatory  and  effectively  placed  women  at  a 
disadvantage. Moreover, he stated that such anomalies in legislation had been pointed out 
over several years and that in this day and age, women should not be facing such unequal 
treatment.68 

Another ex  officio investigation was  carried  out by the NCPE Commissioner in 2020, on 
alleged  discriminatory  practices  in  the  tax  system  based  on  gender.  This  was  based  on 
several reports received by the NCPE from the general public as well as posts on social 
media  alleging  gender-based  discrimination  in  the  tax  system.  These  included  potential 
discriminatory  practices  in  the  refund  of  overpayment  of  income  tax  related  to 
employment;  tax  returns  for  individuals  under  the  separation  of  estates;  and  access  to 
income  tax-related  e-services  by  married  individuals.  The  NCPE  Commissioner  held  a 
sitting with the Inland Revenue Department Commissioner, who outlined the department’s 
position. A number of recommendations were made by the NCPE Commissioner, including: 
an  awareness-raising  campaign  about  the  right  to  have  a  separate  tax  account  and 
explaining how this works in practice; the opportunity to opt for a separate tax account 
should not be an one-off but ongoing, since the person’s situation and wishes may change 
during his/her lifetime;  equal treatment is  for  all and not when a  request is made  on a 
voluntary  basis;  it  should  be  ensured  that  rights  and  obligations  emanating  from  the 
community of acquests69 are not negatively impinged when the spouses have separate tax 
accounts. Since having separate tax accounts will make it harder for the spouses to know 
each other’s income and any underpaid tax, especially due to data privacy issues, a tax 
return for each spouse that includes separate records for both spouses, may be issued.70 

In 2023, the NCPE investigated a case which was filed by a woman in connection with a 
joint home insurance policy that she had with her boyfriend. The complainant stated that 
upon calling the insurance company and unable to remember the policy number, she was 
asked for her identity card number.  However,  she was told that she  was not listed and 
was asked to provide the identity card number of her boyfriend instead since the Insurance 

67   NCPE (2020) Annual Report 2019: https://ncpe.gov.mt/wp-
content/uploads/2023/06/NCPE_Annual_Report_2019.pdf. 

68   NCPE (2021) Annual Report 2020: https://ncpe.gov.mt/wp-content/uploads/2023/06/NCPE-Annual-Report-

2020-online.pdf. 

69   Marriages celebrated in Malta produce between the spouses the community of acquests, unless the spouses 
sign a deed stipulating a different regime. This comprises of all that is acquired by each of the spouses 
through employment, the fruits of their property whether possessed before marriage or whether it has 
come to either of them under any succession, donation or other title, property acquired with moneys or 
other things derived from the acquests, even though such property is so acquired in the name of only one 
of the spouses, any property acquired with moneys or other things which either of the spouses possessed 
since before marriage of after marriage through donation and fortuitous winnings. 

70   NCPE (2021) Annual Report 2020: https://ncpe.gov.mt/wp-content/uploads/2023/06/NCPE-Annual-Report-

2020-online.pdf. 

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Company only inputted the details of one person per policy. The complainant claimed that 
although she had purposely listed her details first on the insurance policy, it was still her 
boyfriend’s details that were inputted into the software. The Insurance Company strongly 
denied  that  they  were  discriminating  against  women  but  acknowledged  that  some 
procedures  in  their  IT  system  may  have  given  such  an  impression.  The  NCPE 
Commissioner  carried  out  an  investigation  and  found  the  Insurance  Company  was  in 
breach of Subsidiary Legislation 456.01,  Access to Goods and Services and their Supply 
(Equal Treatment) Regulations since clients should have access to their insurance policy 
irrespective of their sex. The NCPE Commissioner opined that the complainant had been 
discriminated against because of her sex. This notwithstanding, the NCPE Commissioner  
acknowledged the effort the Insurance  Company made to change their IT system following 
this complaint. 

9.3  Material scope 

The material scope of national law is broader than Directive 2004/113. Regulation 1(3) of 
the AGS Regulations states:  

‘These regulations shall apply to all persons who provide goods and services made 
available to the public irrespective of the person concerned as regards both the public 
and private sectors, including public bodies, and which are offered outside the area 
of private and family life, and to all transactions carried out in this context.’ 

9.4  Exceptions 

Maltese  law  has  not  applied  any  exceptions,  given  that  Regulation  1(3)  of  the  AGS 
Regulations states that the regulations  

‘apply to all persons who provide goods and services made available to the public, 
irrespective of the person concerned as regards both the public and private sectors, 
including public bodies, and which are offered outside the area of private and family 
life, and to all transactions carried out in this context.’ 

9.5  Justification of differences in treatment  

Provision for justification of differences in treatment is made in Regulation 4(8) of the AGS 
Regulations,  which  provides  that  ‘these  regulations  shall  not  preclude  differences  in 
treatment, if the provision of the goods and services exclusively or primarily to members 
of  one  sex  is  justified  by  a  legitimate  aim  and  the  means  of  achieving  that  aim  are 
appropriate and necessary.’ 

There has been no application of this in case law. 

9.6  Actuarial factors 

Regulation  5(1)  of  the  AGS  Regulations  states  that  ‘the  use  of  sex  as  a  factor  in  the 
calculation of premiums and benefits for the purposes of insurance and related financial 
services shall not result in differences in the premiums and benefits related to an individual 
with  respect  to  insurance  contracts  concluded  after  21st  December  2007  where  the 
policyholder is an individual.’ 

There have been no cases in relation to this. 

9.7  Interpretation of exception contained in Article 5(2) of Directive 2004/113 

Malta has taken advantage of the option provided in Article 5(2) of Directive 2004/13 with 
respect  to  insurance  contracts  concluded  before  21  December  2012.  Article 5  of  the 

52 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
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Directive was transposed in Regulation 5 of the AGS Regulations 2008.71 These regulations 
have been amended by means of the AGS Regulations 201272 in order to bring them into 
line with the Test-Achats ruling and the guidelines issued by the European Commission. 

9.8  Positive action measures (Article 6 of Directive 2004/113) 

There are no positive action measures to report. 

9.9  Specific problems related to pregnancy, maternity or parenthood 

Malta is the only EU Member State where abortion is illegal.  

In 2022, an American woman who was refused an abortion in Malta filed a constitutional 
case in Malta alleging that her pregnancy had been unviable and potentially life threatening 
to  her.  Malta’s  complete  ban  on  abortion  prevented  doctors  from  carrying  out  the 
procedure without facing serious criminal charges. In her application, she asked the First 
Hall of the Civil Courts in its constitutional jurisdiction to declare the applicable Criminal 
Code sections to be in violation of the Constitution and the European Convention on Human 
Rights.73 

This case led to major discussion both locally and internationally, as well as protests by 
pro-choice activists. It also spurred amendments to the Criminal Code in this regard. 
In fact, in 2023 the Criminal Code was amended by Act No. XXII of 2023. In virtue of the 
amendments, no offence is committed when the cessation of a pregnancy or damage to 
the foetus results from a medical intervention carried out to save a life and to protect the 
health of a pregnant woman suffering from a medical complication which may put her life 
at immediate risk or her health in grave jeopardy which may lead to death. This exemption 
from  criminal  responsibility  shall  only  apply  when  after  having  considered  the  medical 
practices  current  in  Malta  circumstances  of  necessity  still  subsist  which  dictate  that  the 
medical intervention be carried out and if the following conditions are fulfilled: (a) in the 
case of a pregnant woman suffering from a medical complication which may put her life 
at immediate risk the medical intervention is done when in the reasonable opinion of the 
medical practitioner carrying out the intervention the foetus has not reached the period of 
viability;  or  (b)  in  the  case  of  a  medical  intervention  carried  out  due  to  a  medical 
complication which places the health of a pregnant woman in grave jeopardy which may 
lead to death: (i) that in the reasonable opinion of the medical team the foetus has not 
reached  the  period  of  viability  and  cannot  be  delivered  according  to  standards  of  the 
medical  profession;  and  (ii)  that  the  medical  intervention  is  carried  out  only  after  the 
medical team (consisting of three medical practitioners registered as specialists with the 
Medical Council, two of whom being obstetricians or gynaecologists, one of whom being 
the obstetrician who carries out the intervention, and the third medical practitioner being 
a specialist in the condition from which the pregnant woman is suffering) has confirmed 
the necessity of the intervention; and (iii) that the medical intervention is carried out in a 
licensed hospital having the facilities required for the necessary medical intervention to be 
carried out. The period of viability means the point in a pregnancy at which the foetus is 
capable of living outside the uterus according to current medical practices. 74 

71   Access to Goods and Services and their Supply (Equal Treatment) Regulations, 2008 (LN 181 of 2008) 

issued by the Minister of Social Policy under the Equality for Men and Women Act (Cap. 456). 

72   Access to Goods and Services and their Supply (Equal Treatment) (Amendment) Regulations, 2012 (LN 417 

of 2012) published in the Malta Government Gazette No. 18 995 on 30 November 2012. 

73   See: Malta Today (2023) ‘Prudente baby had “a chance, not a great one that it could live”’, 6 January 2023, 
https://www.maltatoday.com.mt/news/court_and_police/120601/prudente_baby_had_a_chance_not_a_gr
eat_one_that_it_could_live#.ZFjlpnZBzrc. The judgment is pending. 

74   See: https://legislation.mt/eli/act/2023/22/eng. 

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9.10 Evaluation of implementation 

The national law that implements the EU provisions is satisfactory. 

9.11 Remaining issues 

There are no remaining issues. 

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10  Violence  against  women  and domestic violence  in  relation to  the Istanbul 
Convention  and  the  Violence  Against  Women  Directive  (Directive  (EU) 
2024/1385)75 

10.1 General (legal) context with regard to the obligation set out by the Istanbul 

Convention 

10.1.1 Surveys and reports on issues of violence against women and domestic violence 

A  research  study  entitled  Full  Cooperation:  Zero  Violence  -  Barriers  to  Help-Seeking  in 
Gender-Based Violence Against Women was published in 2018. The main objective of this 
study  was  ‘to  gain  a  better  understanding  of  the  barriers  being  faced  by  survivors  of 
gender-based  violence  against  women  when  seeking  help  as  well  as  difficulties 
encountered by professionals when delivering a service to the survivors’.76 

The  study  presents  a  list  of  32  recommendations,  which  are  categorised  in  accordance 
with  the  four  Ps  of  the  Istanbul  Convention:  prevention,  protection,  prosecution  and 
integrated policies. The recommendations include:  

‘Awareness  campaigns,  specialist  training,  promotion  of  gender  sensitivity  in  the 
justice system, the provision of handbooks and training to first responding officers 
and  investigators,  better  legal  provision,  addressing  the  gap  between  service 
availability and accessibility, specialist services in Gozo [one of the Maltese islands], 
mechanisms for more effective inter-agency collaboration, gender-mainstreaming in 
areas of policy, and further research’.77 

In 2023, the NCPE published a research study on female genital mutilation (FGM).78 The 
research highlighted the difficulties the healthcare sector had in dealing with FGM in Malta. 
In cases of expectant women, all pregnancies had to be delivered by caesarean section 
but some of the women refused to give their consent to the procedure and the doctors did 
not know how to proceed. However, training was eventually provided. The study included 
the  legal  framework  and  interviews  with  professional  healthcare  workers,  migrants  and 
educational professionals. Recommendations were also provided. 

In 2024, the National Statistics Office (NSO) conducted a survey on safety and well-being 
to measure the prevalence of gender-based violence in Malta. The survey covered the ages 
between 18 and 74. The violence covered was sexual harassment at work, intimate partner 
violence, stalking, general victimisation and violence experienced during childhood years. 
The survey also collected information on the respondents’ perception of violence and their 
knowledge of services provided.79 

75   See for more information: Nousiainen, K. and Chinkin, C. (2015), Legal implications of EU accession to the 

Istanbul Convention, European network of legal experts in gender equality and non-discrimination, 
available at https://www.equalitylaw.eu/downloads/3794-legal-implications-of-eu-accession-to-the-
istanbul-convention; and De Vido, S., Sosa, L. (2021) Criminalisation of gender-based violence against 
women in European States, including ICT-facilitated violence, European Commission, available at: 
https://www.equalitylaw.eu/downloads/5535-criminalisation-of-gender-based-violence-against-women-in-
european-states-including-ict-facilitated-violence-1-97-mb. 

76   Naudi, M., Clark, M. and Saliba, H (2018) Full Cooperation: Zero Violence - Barriers to Help-Seeking in 

Gender-Based Violence Against Women, University of Malta. Available at: 
https://www.stopviolence.gov.mt/wp-content/uploads/2023/04/FINAL-REPORT-OF-THE-PROJECT-
Printed.pdf. 

77   Naudi, M., Clark, M. and Saliba, H (2018) Full Cooperation: Zero Violence - Barriers to Help-Seeking in 

Gender-Based Violence Against Women, University of Malta, p. 13. Available at: 
https://www.stopviolence.gov.mt/wp-content/uploads/2023/04/FINAL-REPORT-OF-THE-PROJECT-
Printed.pdf. 

78   See: https://ncpe.gov.mt/wp-content/uploads/2023/06/Report-FGM.PDF. 
79   See: https://nso.gov.mt/themes_publications/survey-on-safety-and-well-being-

2022/?utm_source=chatgpt.com. 

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10.1.2 Overview of national acts on violence against women, domestic violence and issues 

related to the Istanbul Convention 

The main pieces of legislation are the Gender-Based Violence and Domestic Violence Act 
(Chapter  581  of  the  Laws  of  Malta)  and  the  Domestic  Violence  Prevention  Act  (Chapter 
636 of the Laws of Malta). The Gender-Based Violence and Domestic Violence Act makes 
provisions for the substantive articles of the Council of Europe Convention on prevention 
and  combating  of  violence  against  women  and  domestic  violence  to  become,  and  be, 
enforceable as part of the Laws of Malta and to promote and protect the right of everyone, 
and particularly of persons who are at risk of domestic violence, to live free from violence 
in  both  the  public  and  private  sphere.  The  Domestic  Violence  Prevention  Act  was 
implemented to safeguard the interests of persons who may be at risk of domestic violence 
by  establishing a procedure which provides for the issuance  of a domestic violence risk 
warning.  Other  national  acts  in  place  are  the  Criminal  Code  (Chapter  9  of  the  Laws  of 
Malta),  the  Civil  Code  (Chapter  16  of  the  Laws  of  Malta)  and  the  Victims  of  Crime  Act 
(Chapter 539 of the Laws of Malta). 

GREVIO, the body of independent experts responsible for monitoring the implementation 
of  the  Istanbul  Convention,  published  its  report  on  Malta  in  the  year  2020.  It  observed 
that  Malta  needed  to  address  implementation  of  specific  integrated  measures  to  tackle 
harmful  forms  of  violence  against  women  other  than  domestic  violence.80  Although 
GREVIO  welcomed  Malta’s  will  to  address  all  experiences  of  violence  in  intimate 
relationships  by  opting  for  the  term  ‘gender-based’  and  therefore  a  gender-neutral 
approach, it stated that it is of paramount importance that the different forms of violence 
against  women  are  addressed  as  a  gendered  phenomenon.  The  need  for  more  training 
was  highlighted,  particularly  for  police  officers  and  judges.  The  report  also  identified 
numerous shortcomings in the administration of immediate support services for victims of 
sexual  violence.  Mediation  is  a  requirement  in  cases  of  separations,  and  in  cases  of 
domestic violence there is a power imbalance that prevents proper negotiation to ensure 
the  safety  of  the  mother  and  children.  The  courts’  reliance  on  experts  with  limited 
knowledge and lack of understanding of violence against women as well as lack of guidance 
on  tests  applied  by  judges  in  reaching  a  decision  on  custody  and  visitation  rights  to 
perpetrators were noted as additional shortcomings. In the area of asylum, the absence 
of  procedures  to  identify  vulnerable  individuals  rescued  at  sea  was  another  issue 
highlighted by GREVIO. The report criticised the overcrowding in closed and open reception 
centres, leading to mixed-sex accommodation. The practices of abandoning search-and-
rescue  operations  together  with  the  closure  of  Maltese  ports  to  boats  carrying  rescued 
migrants, as well as the relinquishing of responsibility for search-and-rescue operations to 
authorities that are unwilling or unable to protect  rescued migrants  or are in a  state of 
civil war, were also described and criticised. 

GREVIO  highlighted  the  need  to  enhance  the  application  of  a  gendered  perspective  in 
legislation and policies dealing with violence against women, as well as the need to put in 
place  a  dedicated,  transparent  and  accountable  public  procedure  under  which  all  NGOs 
that provide specialist support services to victims of all forms of violence against women 
and  their  children  can  compete  and  request  for  sustainable  and  long-term  funding.  It 
emphasised the importance of raising the funding available to the Commission on Gender-
Based Violence and Domestic Violence and providing for budgets with a longer time frame 
in order to enable the commission to plan its activities in a more sustainable and effective 
manner. The body also identified the need for the collection of disaggregated data on all 
forms of violence covered by the Istanbul Convention at all stages of criminal justice; the 
number  of  protection  orders  issued  in  the  context  of  civil  proceedings;  the  number  of 
Temporary  Protection  Orders  and  protection  orders  issued  in  the  context  of  criminal 
proceedings, their violations, and the sanctions imposed as a result of such violations; and 
the  number  of  decisions  on  custody/visitation/residence  of  children  that  expressly  have 

80   See: https://rm.coe.int/grevio-inf-2020-17-malta-final-report-web/1680a06bd2. 

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taken  into  account  reports  of  domestic  violence.  Likewise,  setting-up  institutionalised 
structures for co-ordination and co-operation among governmental and non-governmental 
agencies and service providers to ensure multi-agency co-operation based on a gendered 
understanding  of  violence  against  women  was  identified  as  another  necessity.  GREVIO 
highlighted  the  importance  of  ensuring  the  immediate  short  and  long-term  specialist 
support  services  to  victims  of  all  forms  of  violence  against  women,  beyond  domestic 
violence. It noted the need to introduce adequate protocols and standards that address all 
forms of violence against women, including protocols that may be followed in situations 
where female genital mutilation (FGM) or the risk thereof is identified, both for the victim 
and any young/child female family member of the victim that may be at risk of FGM. It 
also noted the need to review the obligation for professionals to report cases of violence 
against women and their children, other than in situations in which there are reasonable 
grounds to believe that a serious act of violence covered by the scope of the convention 
has been committed and further serious acts are to be expected. And it reported that there 
needs to be a guarantee that adequate information is provided in all phases of reception 
and  the  asylum  determination  procedure  and  appeal  processes  to  all  women  seeking 
asylum, including  on the  right to claim asylum in their  own  right  on grounds related to 
gender-based persecution.  

Furthermore, GREVIO identified a number of additional areas in which improvements were 
required in order to comply fully with the obligations of the convention. These include the 
need to draw from the expertise and the findings of research in the area of violence against 
women and to  collect data on the number  of cases in which women victims  of violence 
have claimed and have obtained compensation by the perpetrator or the state for offences 
covered by the convention, as well as the need to raise awareness among migrant women 
entering  Malta  on  the  basis  of  a  family  reunification  scheme  or  upon  marriage  with  a 
Maltese  national  of  the  possibility  to  obtain  an  autonomous  residence  permit  on  the 
grounds of being a victim of abuse irrespective of the duration of the relationship.81 

10.1.3 Political and societal debate 

In  response  to  the  GREVIO  report,  the  Maltese  Government  adopted  the  2023-2028 
National Strategy on Gender-Based Violence and Domestic Violence in consultation with 
civil  society.  It  was  based  on  the  four  pillars  of  the  Istanbul  Convention  and  included 
measures  addressing  the  heightened  exposure  of  women  subject  to  intersectional 
discrimination  to  violence  against  women.  The  Government  implemented  awareness-
raising  campaigns  on  violence  against  women  experienced  by  women  with  disabilities, 
migrant  women  and  LBTI  women.  Other  measures  included  mechanisms  to  set  up  and 
operate multi-agency co-operation between state agencies with respect to individual cases 
of  domestic  violence,  aiming  to  provide  effective  protection  to  the  victim  (Multi-Agency 
Risk Assessment Meeting). Another important measure was the strategic goal included in 
the  2023-2028  National  Strategy  and  the  Malta  Digital  Justice  Strategy  2022-2027  of 
enhancing  the  analytic  capabilities  of  criminal  justice  actors  in  line  with  data  collection 
obligations established  under the Istanbul Convention and the initial steps taken towards 
its implementation. Gender-Based and Domestic Violence Units were set up in the Police 
Force to provide an effective response to victims of domestic violence by trained officers 
whilst making sure that regular training on these forms of violence was provided. Measures 
were taken to improve support for victims of sexual violence and rape in the public general 
hospital (Mater Dei Hospital) and professional practice in responding to their needs in a 
victim-centred manner.  

The number of judges presiding over domestic violence cases was increased in order to 
reduce  the  existing  backlog.  The  aggravating  factor  of  ‘femicide’  in  the  Criminal  Code 
entered into force, as did the Domestic Violence Prevention Act, which introduces a legal 
mechanism  allowing  persons  in  a  relationship  to  verify  whether  their  partner  has 

81   See: https://rm.coe.int/grevio-inf-2020-17-malta-final-report-web/1680a06bd2. 

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previously been convicted for domestic violence. Vulnerability screening was put in place 
for asylum seekers aimed at identifying, among other things, exposure to gender-based 
violence against women and guidelines were introduced for the prevention, identification, 
intervention  and  follow-up  to  be  given  to  victims  and  perpetrators  of  violence  against 
women who reside in reception centres managed by the Agency for the Welfare of Asylum 
Seekers.82 

In 2023 the Government announced Malta’s first domestic violence hub. The 2023-2028 
strategy  also  includes  education  and  awareness-raising  campaigns  targeting  children, 
parents,  caregivers,  older  people  and  migrants.  Other  issues  addressed  are  electronic 
tagging and panic buttons as well as the implementation of a centralised system which 
records  bail  conditions,  protection  orders,  restraining  orders  and  temporary  protection 
orders.83 Electronic tagging monitors the movements of a person by  means of a secure 
electronic device. Panic buttons are wireless devices that a victim would carry at all times 
so  that  once  the  button  or  alarm  is  pressed,  it  would  enable  the  person  to  send  their 
location and silently call for help in the event of an emergency. 

10.2 General context with regard to the obligation set out by the Violence Against 

Women Directive 

10.2.1 Preparatory transposition work  
There  is  as  yet  no  publicly  accessible  information  on  whether  preparatory  transposition 
work for the Violence Against Women Directive has commenced.  

10.2.2 National provisions on cyber violence  

Section 208E of the Criminal Code provides that:  

‘whosoever, with an intent to cause distress, emotional harm or harm of any nature, 
takes  or  discloses  a  private  sexual  photograph  or  film  without  the  consent  of  the 
person  or  persons  displayed  or  depicted  in  such  photograph  or  film  shall  on 
conviction be liable to imprisonment for a term of up to five years or to a fine (multa) 
of not less than four thousand euro (EUR 4 000) and not more than eight thousand 
euro (EUR 8 000), or to both such imprisonment and fine’.  

If a person discloses the sexual photograph or film – where it is taken with the consent of 
the  person  or  persons  displayed  or  depicted  in  such  photograph  or  film  –  solely  to  the 
person or persons displayed or depicted in such photograph or film, this does not give rise 
to a criminal offence. 

Moreover,  if  the  disclosure  was  necessary  for  the  purpose  of  preventing,  detecting  or 
investigating a crime; or the disclosure is authorised by a court or tribunal in the course 
of judicial proceedings, there is no criminal offence, provided that where authorisation is 
so granted by a court or tribunal, the sexual photograph or film must, without delay, be 
sealed  by  the  registrar  or  deputy  registrar  of  that  court  or  tribunal  and  will  only  be 
accessible by the parties to the suit or their authorised legal representatives. 

The punishment is increased by one degree in cases where the offence is committed as a 
means or in the context of blackmail.84 

82   See: https://rm.coe.int/ic-cp-2024-4-cop-conclusions-malta-eng-/1680b0476c. 
83   See: https://www.independent.com.mt/articles/2023-11-29/local-news/Government-says-Malta-s-first-

domestic-violence-hub-to-start-operating-shortly-6736256766. 

84   See: https://legislation.mt/eli/cap/9/mlt/pdf. 

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10.3 Ratification of the Istanbul Convention 

The  Convention  was signed  on 21 May 2012, ratified  on 29 July 2014 and  entered into 
force on 1 November 2014.  

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Country report – Gender equality – Malta – 2025 

11  Compliance  and  enforcement  aspects  (horizontal  provisions  of  all 

directives)  

11.1 General (legal) context 

11.1.1 Issues related to the pursuit of a discrimination claim 

There is noticeable under-reporting of discrimination claims, which may be due to cultural 
aspects, such as the protection of identity of both the victim as well as her family due to 
the small size of the country where parties can be easily identified.  

11.1.2 Political and societal debate and pending legislative proposals 

An awareness-raising campaign was organised targeting women who are victims and/or 
potential victims of violence and to raise awareness amongst witnesses and bystanders to 
be more vigilant and to encourage them to report instances of violence against women. 85 
This campaign was featured on radio, social media, online media, posters in public toilets 
and bus shelters. 

11.1.3 Gender mainstreaming 

A  Gender  Mainstreaming  Unit  was  set  up  in  January  2019.  The  Unit  forms  part  of  the 
Human  Rights  Directorate  and  is  responsible  for  the  development  of  the  first  national 
framework on gender equality and gender mainstreaming. It serves as a coordinating body 
between  entities  and  assists  the  Government  in  policy  making.  It  strives  to  raise 
awareness and provide training.  

In  November  2022,  the  Government  launched  a  national  action  plan  on  gender 
mainstreaming. The Gender Equality and Mainstreaming Strategy informs the Action Plan 
introduction  of  gender 
2022-2027  by  adopting  a  dual  approach  through  the 
mainstreaming, by bringing a gender perspective into all stages and all sectors of policy 
making, whilst also including a commitment to direct, targeted measures to achieve full 
gender equality. 86 

11.2 Victimisation 

The provisions on victimisation are implemented in national legislation. There is no case 
law. 

Article 28 of the EIRA provides that:  

‘It shall not be lawful to  victimise any person  for having made a complaint to the 
lawful authorities or for having initiated or participated in proceedings for redress on 
grounds  of  alleged  breach  of  the  provisions  of  this  Act,  or  for  having  disclosed 
information,  confidential  or  otherwise,  to  a  designated  public  regulating  body, 
regarding alleged illegal or corrupt activities being committed by his employer or by 
persons acting in the employer’s name and interests.’ 

This precise wording is also to be found in Regulation 4(7) of the AGS Regulations.  

The legislation complies with the directives. 

85   See: https://www.stopviolence.gov.mt/awareness-raising-campaigns/. 
86   See: https://humanrights.gov.mt/en/Documents/Gender%20Equality.pdf. 

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Country report – Gender equality – Malta – 2025 

11.3 Access to courts 

11.3.1 Difficulties and barriers related to access to courts 

There are no reported difficulties with regard to access to courts. 

11.3.2 Availability of legal aid 

The  provision  of  legal  aid  is  regulated  by  the  Code  of  Organisation  and  Civil  Procedure 
(COCP) (Chapter 12 of the Laws of Malta). Article 912 provides that in civil cases, legal 
aid  is  subject  to  a  means  test.  It  is  available  in  all  cases  except  for  companies.  The 
advocate must also be satisfied that the applicant has reasonable grounds for taking or 
defending, continuing or being a party to proceedings. Legal aid has been made accessible 
to victims of domestic violence.87 

11.4 Horizontal effect of the applicable law 

11.4.1 Horizontal effect of relevant gender equality law 

Due to a lack of case law, this has not yet been tested. 

11.4.2 Impact of horizontal direct effects of the Charter after Bauer  

Case  law  in  this  area  is  still  very  limited  and  therefore  the  impact  of  horizontal  direct 
effects of the Charter following Bauer may not be effective, at least in the short term. A 
greater awareness of the implications of this case is needed. 

11.5 Burden of proof 

Regulation 7(3) of the  AGS Regulations provides that where persons  consider that they 
have been discriminated against and establish before any competent court or tribunal facts 
from which it may be presumed that there has been direct or indirect discrimination, it is 
for the defendant (the other party) to prove that there has been no breach of the principle 
of equal treatment on the hearing of the complaint. If the defendant against whom the 
complaint is made does not prove that he did not discriminate, the court or tribunal will 
uphold the complaint. 

The  same  wording  is  to  be  found  in  Regulation  10(3)  of  the  Equal  Treatment  in 
Employment Regulations. 

It  is  for  the  complainant  to  show  ‘facts  from  which  it  may  be  presumed  that  there  has 
been direct or indirect discrimination’. The Maltese courts have not specifically had to apply 
this but, as is implicit in the Meister case, 88 this wording lends itself to an approach where 
the  complainant  must  effectively  prove  facts  that  are  typically  in  the  knowledge  or 
possession  of  the  employer  or  other  alleged  defaulter  before  the  burden  of  proof  then 
shifts to the defendant. In Meister, the Court stated that the although the worker does not 
have the right to access information held by the employer, a refusal may be ‘one of the 
factors  to  take  into  account  in  the  context  of  establishing  facts  from  which  it  may  be 
presumed  that  there  has  been  direct  or  indirect  discrimination’.  Therefore,  Meister  is 
important in interpreting the obligations of the national courts and the Industrial Tribunal. 
However, the starting point is that the written law is in line with the directives.  

87   Legal Aid Malta, information on Domestic Violence: https://legalaidmalta.gov.mt/en/services/victim-of-

domestic-violence/. 

88   CJEU, Judgment of 19 April 2012, C-415/10 Galina Meister v Speech Design Carrier Systems GmbH 

EU:C:2012:217. 

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An amendment to the Equality for Men and Women Act sought to place the burden of proof 
in discrimination cases even more clearly on the defendant, once the claimant has shown 
facts suggesting discriminatory treatment. In principle, this brings Maltese law  squarely 
into line with EU law on this point. 

11.6 Remedies and sanctions  

11.6.1 Types of remedies and sanctions 

The EIRA does not make a breach of its Articles 26 or 27 a criminal offence.89 It provides 
for  civil  liability  in  Article 30,90  which  empowers  the  Industrial  Tribunal  to  give  redress. 
Further  to  this,  Article 10  of  the  ETE  Regulations,  enacted  under  the  EIRA,  also  adds  a 
right of access to the Civil Court for redress by way of an injunction and/or compensation. 
The  ETE  Regulations,  via  Article 14,  also  render  all  breaches  of  the  regulations  –  and 
therefore  also  of  the  ‘equal  pay  for  same  or  equal  work’  principle  –  a  criminal  offence 
punishable by a fine (multa) not exceeding EUR 2 329.37 or imprisonment for a period not 
exceeding six months, or both.  

Without prejudice to the remedies available under Article 30 of the EIRA, Article 19 of the 
EMWA  grants  a  right  of  access  to  the  relevant  court  of  civil  jurisdiction  (the  Civil  Court 
First Hall) for an injunction and/or compensation. The time limit for bringing the action is 
four months ‘from the alleged breach,’ according to the ETE Regulations. Although it can 
be said that the prospect of imprisonment provides an adequate deterrent, the prospect 
of the fine is not a real deterrent, due to its rather low ceiling. 

Under the Protection of Maternity (Employment) Regulations of 2003, it is an offence for 
any  person  to  contravene  the  regulations,  punishable  by  a  fine  of  not  less  than 
EUR 465.87, a minimum that is considered by many NGO experts to be too low to provide 
a deterrent. 

Under the EIRA and the EMWA, avenues for redress include the Industrial Tribunal and the 
Civil Court; the Constitutional Court; the Public Service Commission (for the public service) 
and the Ombudsman 91 (whose recommendations are non-binding). The Industrial Tribunal 
and the Civil Court are also accessible with the assistance of the National Commission for 
the Promotion of Equality (NCPE), Malta’s equality body, as established under the EMWA. 
It  possesses  powers  of  investigation  and  mediation  and,  with  the  victim’s  approval,  of 
prosecution. The entire human rights structure is under review by the Government, which 
has proposed the setting up of a human rights and equality commission. The main aim for 
the setting up of this Commission is to provide individuals with an effective mechanism 
against discrimination and other human rights breaches. It is proposed that the institution 
will be modelled on the United Nations Paris Principles and the European Union’s equality 
body model laid out in EU equality directives. 

Regulation  10  of  the  ETE  Regulations  applies  to  all  situations  of  sex  discrimination  in 
employment and provides the right to access the Industrial Tribunal (without prejudice to 
the  right  to  bring  an  action  in  the  Civil  Court  for  an  order  to  cease  and  desist)  for  a 
declaration of the nullity of any contract, collective agreement or clause as discriminatory, 
and for compensation. It places the burden of proof on the employer once the claimant 
proves  facts  from  which  it  can  be  presumed  that  ‘there  has  been  direct  or  indirect 
discrimination.’ This wording is now compliant with Article 19 of Directive 2006/54/EC (the 
Burden of Proof Directive). As to time limits, the EIRA and the ETE Regulations 2004 set 

89   Article 26 of the EIRA refers to discrimination and gender equality in employment while Article 27 refers to 

work of equal value. 

90   Redress by means of recourse to the Industrial Tribunal within four months from an alleged breach. 
91   The Ombudsman investigates any action taken by or on behalf any government or other authority of the 
Government, Minister or Parliamentary Secretary and any other public officer; any statutory body and/or 
partnership or other body in which the government has a controlling interest; local councils, mayors, 
councilors and members of staff and any other body or entity subjected by law to his jurisdiction. 

62 

 
 
 
 
 
 
 
 
Country report – Gender equality – Malta – 2025 

a  peremptory  period  of  ‘within  four  months  of  the  alleged  breach’  for  the  filing  of  the 
complaint  or  the  bringing  of  the  action.  The  EMWA,  which  applies  also  beyond  the 
employment context, sets no time limit. 

In  2011,  Parliament  adopted  the  Procedure  for  Investigations  Regulations,92  which  laid 
down  important  provisions  for  carrying  out  investigations  under  the  EMWA,  giving  the 
Commissioner for the Promotion of Equality, whether conducting an investigation following 
an  individual  complaint  or  on  the  initiative  of  the  commission,  the  powers  to  conduct  a 
general investigation, to require information or documents and to summon persons to give 
information orally. 

Under  the  AGS  Regulations,  any  contractual  provision,  internal  rules  or  governing  rules 
that breach EU law are rendered null and void ipso jure, and are unenforceable, by virtue 
of Regulation 10(2).  

The  NCPE  and  other  associations,  organisations  or  legal  entities  having  a  ‘legitimate 
interest’ may engage themselves on behalf of or in support of a complainant in all judicial 
proceedings,  with  the  complainant’s  approval.  There  is  no  clear  provision  engaging  the 
‘social partners.’ The trend is to regard collective agreements as binding, but this does not 
mean that they have been used to implement European Union law. In addition, the dearth 
of cases shows the reluctance of complainants to sue or authorise others to sue on their 
behalf.  

Remedies include an order to cease and desist and/or reinstatement and compensation.  

11.6.2 Effectiveness, proportionality and dissuasiveness 

Article 1045 of the Civil Code provides that ‘the damage which is to be made good by the 
person responsible, shall consist in the actual loss which the act shall have directly caused 
to the injured party, in the expenses which the latter may have been compelled to incur 
in consequence of the damage, in the loss of actual wages or other earnings and the loss 
of  future  earnings  arising  from  any  permanent  incapacity,  total  or  partial  which  the  act 
may have caused.’ However, with regard to damages arising from a criminal offence, in 
the  case  of  crimes  affecting  the  dignity  of  persons,  such  as  rape,  and  of  wilful  crimes 
against the person subject to a punishment of imprisonment of at least three years, up to 
a maximum limit of EUR 10 000 or other maximum limit established by law, the damage 
to be made good shall also include any moral harm and/or psychological harm caused to 
the claimant.93 

However, with regard to victimisation, harassment and sexual harassment, although the 
prospect of imprisonment can be said to provide an adequate deterrent, the prospect of 
the fine is no  real deterrent, due to its relatively low  ceiling. In general,  where the law 
imposes a penalty (a fine) the amount is too low to sufficiently dissuade and deter people 
from discrimination.  

11.7 Equality body  

The equality body of Malta is the National Commission for the Promotion of Equality (the 
NCPE).94  

92   Procedure for Investigations Regulations 2011, made under the power conferred by Article 18(3) of the 

EMWA. 

93   See: https://legislation.mt/eli/cap/16/eng. 
94   See: https://ncpe.gov.mt/about-us/ncpe-remit/. 

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Its remit covers any form of discrimination based on:  

- 

- 

- 

sex/gender  and  family  responsibilities,  sexual  orientation,  age,  religion  or  belief, 
racial or ethnic origin, and gender identity, gender expression or sex characteristics 
in employment; banks and financial institutions, as well as education; 
racial/ethnic  origin  and  gender  in  the  provision  of  goods  and  services  and  their 
supply; and 
freedom of movement for workers in the EU. 

According to Article 12 of the EMWA, the functions of the NCPE entail: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 
(g) 

(h) 

(i) 

(j) 

(k) 

(l) 

‘to identify, establish and update all policies directly or indirectly related to issues of 
equality;  
to identify the needs of persons who are disadvantaged by reasons of their sex and 
to take such steps within its power and to propose appropriate measures in order to 
cater for such needs in the widest manner possible;  
to monitor the implementation of national policies with respect to the promotion of 
equality;  
to  liaise  between,  and  ensure  the  necessary  coordination  between,  government 
departments  and  other  agencies  in  the  implementation  of  measures,  services  or 
initiatives proposed by Government or the Commission from time to time; 
to keep direct and continuous contact with local and foreign bodies working in the 
field of equality issues, and with other groups, agencies or individuals as the need 
arises;  
to work towards the elimination of discrimination between men and women;  
to carry out general investigations with a view to determine whether the provisions 
of this Act are being complied with;  
to investigate complaints of a more particular or individual character to determine 
whether  the  provisions  of  this  Act  are  being  contravened  with  respect  to  the 
complainant  and,  where  deemed  appropriate,  to  mediate  with  regard  to  such 
complaints;  
to inquire into and advise or make determinations on any matter relating to equality 
between men and women as may be referred to it by the Minister;  
to  provide  assistance,  where  and  as  appropriate,  to  persons  suffering  from 
discrimination in enforcing their rights under this Act;  
to keep under review the working of this Act,  and where deemed required, at the 
request  of  the  Minister  or  otherwise,  submit  proposals  for  its  amendment  or 
substitution;  
to perform such other function as may be assigned by this or any other Act or such 
other functions as may be assigned by the Minister.’  

The  Equal  Treatment  of  Persons  Order  (Legal  Notice  85  of  2007)  extended  the  NCPE’s 
remit to include the promotion of equality on the grounds of race/ethnic origin in access 
to  and  the  supply  of  goods  and  services.  Employment  issues  in  the  context  of  racial  or 
ethnic  discrimination  remained  with  the  Department  of  Employment  and  Industrial 
Relations. Under the order, the NCPE is bound to ensure that no person, establishment or 
entity, whether in the private or public sector, discriminates against any other person in 
relation to: 

- 
- 
- 
- 

- 

social protection, including social security and healthcare; 
social advantages; 
education; 
access  to  and  supply  of  goods  and  services  which  are  available  to  the  public, 
including housing; and 
access to any other service.95 

95   See: http://www.justiceservices.gov.mt/DownloadDocument.aspx?app=lp&itemid=19430&l=1. 

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The NCPE is also responsible for enhancing equality between genders in access to and the 
supply  of  goods  and  services,  as  established  by  the  Access  to  Goods  and  Services  and 
their Supply (Equal Treatment) Regulations 2008 (Legal Notice 181 of 2008). Hence, the 
NCPE also works to combat direct and indirect discrimination as well as sexual harassment 
on the grounds of gender in access to and the supply of goods and services. In effect, the 
functions  of  the  NCPE  are  extended  to  safeguard  gender  equality  in  this  sphere,  and 
specifically to: 

(a) 

‘providing  independent  assistance  to  victims  of  discrimination  in  pursuing  their 
complaints about discrimination; 

(b)  conducting independent surveys concerning discrimination; and 
(c)  publishing independent reports and making recommendations on any issue relating 

to such discrimination; 

(d)  access  to  and  supply  of  goods  and  services  which  are  available  to  the  public, 

including housing; and 
(e)  access to any other service.’96 

The Exercise of Rights Conferred on Workers (Freedom of Movement Regulations) 2016 
(Legal Notice 173 of 2016) further extended the remit of the NCPE to the area of freedom 
of movement for workers with regard to: 

- 
- 

- 
- 
- 
- 
- 

- 

access to employment; 
conditions  of  employment  and  work,  in  particular  as  regards  remuneration, 
dismissal,  health  and  safety  at  work,  and,  if  workers  become  unemployed, 
reinstatement or re-employment; 
access to social and tax advantages; 
membership of trade unions and eligibility for workers’ representative bodies; 
access to training; 
access to housing; 
access  to  education,  apprenticeship  and  vocational  training  for  the  children  of 
workers; and 
assistance afforded by the employment offices. 

These regulations apply to citizens of the European Union exercising these rights and to 
members of their family. 

11.8 Social partners  

Social  Partners  are  active  in  the  context  of  the  Malta  Council  for  Economic  and  Social 
Development, a tripartite body representing the Government, employers and the unions. 
This  body  also  discusses  the  upcoming  national  budgets.  It  is  established  by  Act  of 
Parliament  XV  of  2001  and  governed  by  the  Malta  Council  for  Economic  and  Social 
Development Act (Chapter 431 of the Laws of Malta). 

Article 49(1) of the EIRA states that  

‘a trade union and an employers’ association shall, for all purposes of law, be treated 
as  an  association  of  persons  and  not  as  a  body  corporate,  but  (…)  c)  it  shall  be 
capable of suing and, subject to the provisions of this Act, of being sued, whether in 
proceedings relating to  property  or founded on contract, tort or quasi-tort,  or any 
other cause of action whatsoever.’97  

Collective  agreements  may  include  provisions  on  gender  equality  and  family  friendly 
measures. Such agreements are binding on the parties involved. 

96   See: http://www.justiceservices.gov.mt/DownloadDocument.aspx?app=lom&itemid=8922&l=1. 
97   Employment and Industrial Relations Act, Chapter 452 of the Laws of Malta. 

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11.9 Other relevant bodies 

There are NGOs on women’s rights such as the National Council of Women,98 the Malta 
Women’s Lobby99 the Women’s Rights Foundation,100 and the Association for Equality. 101 
They publish press releases and lobby for change through their activities. An organisation 
can  only  be  recognised  as  a  legal  person  if  it  complies  with  such  formalities  as  are 
applicable to the legal form selected for its establishment and registration according to the 
Civil Code and the Voluntary Organisations Act. 102 

11.10 Evaluation of implementation 

National law is deemed to be satisfactorily implementing EU law in this regard. However, 
under-reporting of discrimination cases may be due to the fact that the fines that can be 
imposed for discrimination are very low. 

11.11 Remaining issues 

There are no remaining issues. 

98   See: http://www.ncwmalta.com/home?l=1. 
99   See: https://maltawomenslobby.org. 
100  See: https://www.wrf.org.mt/about. 
101  See: https://www.associationforequality.org/.  
102  Laws of Malta, Chapter 492, Voluntary Organisations Act, 11 December 2007: 

https://legislation.mt/eli/cap/492/eng. 

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Country report – Gender equality – Malta – 2025 

12  Overall assessment  

The following transposition problems were mentioned in this report: 

- 

- 

- 

- 

- 

- 

no gender balance in Parliament although this is addressed through amendments to 
the  Constitutional  Law  as  described  in  Section 3.5.5  Positive  action  measures  to 
improve the gender balance in other areas; 

the gender pay gap and gender pension gap persist; 

it is not clear whether a hypothetical comparator would be allowed in equal pay cases 
since there is no case law on this; 

the lack of wage transparency; and 

the  Work-Life  Balance  Directive was  an  opportunity  to  introduce  better  work-life 
balance  rights  for  workers.  However,  in  general,  only  the  minimum  requirements 
envisaged  in  the  Directive were  implemented  and  therefore  the  effect  of  this 
Directive will probably be minimal. 

Sanctions need to be revised since they are low and their effect is minimal. This gives 
rise to under-reporting since victims of discrimination are not encouraged to report. 

Overall, Malta has implemented EU law in accordance with its obligations, although in the 
vast majority of instances it has not gone beyond the minimum dictated by the EU acquis. 
The  low  female  employment  rate  in  Malta  necessitates  additional  measures  to  facilitate 
the  retention  of  women  in  the  labour  market.  More  positive  action  measures  would 
potentially increase the number of women in the labour market and decrease their drop-
out rate. Measures to specifically support women in their care responsibilities would also 
address  Malta’s  low  birth  rate,  which  is  a  result  of  women  having  to  choose  between  a 
career/work and a family.  

67 

 
 
 
 
 
 
 
 
 
 
Country report – Gender equality – Malta – 2025 

Bibliography 

Primary Legislation 

- 

- 

- 

- 

- 

Equality for Men and Women Act, Chapter 456 Laws of Malta. 

Employment and Industrial Relations Act, Chapter 452 Laws of Malta. 

Social Security Act, Chapter 318 Laws of Malta. 

Gender-Based Violence and Domestic Violence Act, Chapter 581 Laws of Malta. 

Domestic Violence Prevention Act, Chapter 636 Laws of Malta. 

Draft Legislation 

- 

- 

Equality Bill (2019). 

A Bill entitled An Act to further amend the Criminal Code, Cap 9. 

Publications 

- 

- 

- 

- 

- 

- 

Department  of  Social  Security  (2017)  Manual  on  Social  Security  Contributions, 
Benefits and Pensions.  

Government of Malta, Gender Balance in Parliament – Consultation Document 

Ministry  for  European  Affairs  and  Equality,  Zero  Violence,  Raising  Awareness 
Campaign.  

National  Commission  for  the  Promotion  of  Equality  (2020),  Research  study  on 
existent equal pay tools in Europe and the development of technical specifications 
for the Equal Pay Tool. 

National Commission for the Promotion of Equality (2023) The Prevalent Gender Role 
Perceptions and Attitudes among Adults living in Malta. 

National Commission for the Promotion of Equality (2024) Perceptions and Attitudes 
of  Women  and  Men in  Malta  towards  Work-Life  Balance:  With  a  Specific  Focus  on 
Family Size. 

68 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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