Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 15 SEPTEMBER 2022

Posting Of Workers In Malta

CSB Group
Explore more from CSB Group

A foreign employer established within an EU/EEA country, who sends employees who usually do not work in Malta to work for a limited period of time in Malta, is deemed to be posting workers locally.

MaltaEmployment and HR
Bjorn Camilleri
Bjorn Camilleri
Francesca Anastasi
Francesca Anastasi
Author LinkedIn connections

A foreign employer established within an EU/EEA country, who sends employees who usually do not work in Malta to work for a limited period of time in Malta, is deemed to be posting workers locally. Such posting shall be done according to the required terms and conditions and procedures.

Posting of Workers in Malta is regulated by the Posting of Workers in Malta Regulations, 20161 regulations (S.L. 452.82). Such regulations shall apply only to foreign undertakings that:

  • Send contracted employees to work, according to the agreed instructions of the undertaking, making the posting and the posted worker and for a limited time in Malta whilst having in place a formal agreement between the undertaking making the posting and the undertaking receiving the service. Furthermore, a valid employment agreement shall be fully executed between the posted worker and the undertaking receiving the services.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

The Concept Of “Single Source” In The Equal Pay (Transparency And Reporting) Regulations

Malta's new Equal Pay Regulations introduce a restrictive 'single source' test for cross-employer pay comparisons that may conflict with EU law. This analysis examines whether Regulation 8's requirement that undertakings be under common control and carry out the same economic activity is compatible with the broader CJEU interpretation established in Lawrence and codified in Directive 2023/970.
European UnionEmployment and HR
GVZH Advocates
GVZH Advocates
Article

Managing Hybrid & Remote Work: Legal Pitfalls For Employers In Malta

Remote and hybrid work arrangements in Malta carry significant legal implications that extend far beyond operational convenience. Employers must navigate a complex web of employment protections, working-time regulations, data protection requirements, anti-discrimination duties, and cross-border tax considerations. Without proper contractual frameworks and compliance procedures, organizations risk employment claims, discrimination awards, regulatory enforcement action, and unexpected permanent establishment
MaltaEmployment and HR
GVZH Advocates
GVZH Advocates
Article

New Family-Related Leave Entitlements: An Overview Of The 2026 Reforms

Malta has introduced significant reforms to family-related leave entitlements in 2026, including new provisions for parents of children born abroad through surrogacy, extended parental leave benefits for self-employed individuals, miscarriage leave, and special parental bereavement leave. These legislative changes expand the scope of statutory protections and require both employers and employees to review their policies and understand their rights under the updated framework.
MaltaEmployment and HR
Mamo TCV Advocates
Mamo TCV Advocates
Article

Difference: Malta Employment Agreements And Services Agreements

Malta's employment framework distinguishes between employment agreements and services agreements, each carrying distinct legal implications for parties entering into working relationships. Understanding the statutory requirements, termination procedures, and obligations under each arrangement is essential for employers and service providers operating within Malta's regulatory environment.
MaltaEmployment and HR
Chetcuti Cauchi Advocates
Chetcuti Cauchi Advocates
Article

Legal Update: Uniform Bereavement And Marriage Leave Entitlements Across All Sectors

Malta has introduced amendments to the Minimum Special Leave Entitlement Regulations, establishing a uniform minimum entitlement of three working days for both marriage leave and bereavement leave across all employment sectors. This reform addresses historical discrepancies between sectors that previously resulted in inconsistent leave entitlements, with some employees receiving only one day of bereavement leave and two days of marriage leave while others enjoyed more favorable terms under specific Wage Reg
MaltaEmployment and HR
Mamo TCV Advocates
Mamo TCV Advocates