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Competent authorities

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Request for information from national authorities

Table 1 - Overview of relevant national administrations

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Applicable labour law

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<div class="ck-content" data-wrapper="true" dir="ltr" style="--ck-image-style-spacing: 1.5em; --ck-inline-image-style-spacing: calc(var(--ck-image-style-spacing) / 2); font-family: Segoe UI; font-size: 11pt;"><p style="margin: 0; text-align: justify;">Maltese labour law is primarily governed by the <a href="https://legislation.mt/eli/cap/452/eng" target="_blank" rel="noopener noreferrer"><strong>Employment and Industrial Relations Act</strong></a> (Cap. 452 of the Laws of Malta), which establishes the general framework for employment relationships, working conditions, and workers’ rights. The <a href="https://legislation.mt/eli/sl/452.82/eng" target="_blank" rel="noopener noreferrer"><strong>Posting of Workers in Malta Regulations</strong></a> (S.L. 452.82, subsidiary legislation to the Employment and Industrial Relations Act), transposed the Posting of Workers Directive 96/71 and Directive 2014/67/EU on enforcement, ensuring that posted workers, including TCNs, receive equal treatment in respect of fundamental employment conditions.</p><p style="margin: 0; text-align: justify;"><br><strong>The Posting of Workers in Malta Regulations:</strong></p><p style="margin: 0; text-align: justify;">&nbsp;</p><ul style="list-style-position: inside;"><li data-list-item-id="e8d1ab71c1c3c36418c67ebe7d5b77979"><p style="margin: 0; text-align: justify;"><strong>Ensure proper protection for posted workers</strong> during cross-border service provision. They establish measures to support effective application and enforcement of the rules, including mechanisms to prevent and penalise abuses or attempts to bypass the law (Regulation 1 (3) of S.L. 452.82).</p></li><li data-list-item-id="ea8077af9dd5c91e52e7a0fb918bf9917"><p style="margin: 0; text-align: justify;"><strong>Ensure equal treatment for posted workers</strong> in key areas, such as maximum working hours and minimum rest periods, paid annual leave, remuneration (including overtime), conditions for temporary agency work, health, safety, and hygiene, protections for pregnant workers and new mothers, gender equality, employer-provided accommodation, and allowances for travel, board, and lodging. Most of these aspects are further regulated in Cap. 452 of the Laws of Malta or in related regulations or orders.</p></li><li data-list-item-id="e04df019615d18c1b051391461e4aeafc"><p style="margin: 0; text-align: justify;"><strong>Define a ‘posted worker’</strong> as someone who temporarily works in Malta while normally working in another Member State (Regulation 2 (1) of S.L. 452.82).&nbsp;</p></li><li data-list-item-id="ef9902740baa93abe315ddac16067a0b8"><p style="margin: 0; text-align: justify;"><strong>Apply to all posted workers</strong>, covering both EU nationals and TCNs working in Malta or posted to other Member States. &nbsp;</p></li></ul><p style="margin: 0; text-align: justify;"><br><strong>The term ‘worker’</strong>, as defined in the <a href="https://legislation.mt/eli/cap/452/eng" target="_blank" rel="noopener noreferrer"><strong>Employment and Industrial Relations Act</strong></a>, has the same meaning as ‘employee’. It refers to any person working under a contract of service or personally carrying out work under the direction and control of another person, including outworkers. However, it excludes work performed in a professional capacity or as an independent contractor when not covered by a specific contract of service (Article 2(1) of Cap. 452 of the Laws of Malta).</p></div>

Employments contracts

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Table 2 - Overview of relevant national administrations

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Temporary Work Agencies

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Responsible

Key Requirements

Licensing Process

Enforcement Responsibilities

Licensing Requirements

Social security

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Electronic Exchange of Social Security Information (EESSI) system (includes public repository of social security institutions)

Institutions responsible for the issuance of PD A1

Online tool to check PD A1

European Health Insurance Card (EHIC) – List of institutions that issue the EHIC

Entry and stay requirements for TCNs

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Visa, work and residence permits

Visa

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Table 3 - Visa types

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Residence and work permits

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Table 4 - Residence Permits

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Table 5 - Work Permits

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Special entry and stay requirements

Travel and residence documents

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Public Register of Authentic Identity and Travel Documents (PRADO)

Useful Links

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Table 6 - Useful links

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Country-Fiche: Malta

Competent authorities

Request for information from national authorities

Table 1 - Overview of relevant national administrations

Applicable labour law

Employments contracts

Table 2 - Overview of relevant national administrations

Temporary Work Agencies

Social security

Electronic Exchange of Social Security Information (EESSI) system (includes public repository of social security institutions)

Institutions responsible for the issuance of PD A1

Online tool to check PD A1

European Health Insurance Card (EHIC) – List of institutions that issue the EHIC

Entry and stay requirements for TCNs

Visa

Table 3 - Visa types

Residence and work permits

Table 4 - Residence Permits

Table 5 - Work Permits

Special entry and stay requirements

Travel and residence documents

Useful Links

Table 6 - Useful links