Employed Or Self-Employed? Determining Employment Status In Malta

Understanding employment status in Malta is crucial for both employers and workers seeking to determine whether a person should be classified as an employee or self-employed.  The criteria for determining whether an individual is an employee or a self-employed are established by Subsidiary Legislation 452.108, entitled the 'Employment Status National Standard Order' ('the Order'), an Order published under the main piece of employment legislation in Malta, namely the Employment and Industrial Relations Act ('EIRA'). If a relationship meets at least five out of eight specific criteria, such as financial dependence, control over work, and use of equipment provided by the client, it is automatically deemed an employment relationship, potentially invalidating the classification of a contract as one of self-employment.