Malta implements EU posted worker directive

IMPACT – MEDIUM

What is the change? Malta has implemented the 2014 EU posted workers directive, placing requirements on companies that send workers to Malta for temporary assignments.

What does the change mean? Employers must notify the Department of Industrial Relations before a posted worker begins an assignment. Companies must also appoint a representative in Malta to act as a liaison between the sending company and Maltese authorities. Companies must retain employment-related documents, including contracts, payslips, timesheets and proof of wage payments in Malta and must make them available for inspection upon request.

• Implementation time frame: Ongoing.
• Visas/permits affected: Posted worker notifications.
• Who is affected: Companies posting employees to work in Malta, whether they are located in or outside of the EU/EEA.
• Business impact: The changes add administrative steps to the process of sending or receiving posted workers in Malta.

Background: Malta adopted the rules last year to comply with the EU’s 2014 enforcement directive on posted workers.

Under Malta’s rules, notification must be submitted to appropriate authorities before a posted worker begins an assignment. The notification process includes providing the number of posted workers who will be providing services in Malta; the names, dates of birth and nationalities of all posted workers; the addresses where posted workers will carry out their assignments; the nature of the services that will be provided; a person who can act as a liaison between the sending company and Maltese authorities; a person who can represent the sending company on collective bargaining matters; and start dates and estimated durations of assignments.

Notification must be provided in English. Documents, including contracts, payslips, timesheets and proof of wage payments, must be made available upon request and translated into English if originals are in another language.

BAL Analysis: Affected companies should make sure they follow Malta’s posted worker procedures and documentation requirements. Penalties for “contravening the provisions” of the regulations include fines ranging from € 117 to €1,165. Questions about specific cases should be directed to a BAL professional.

This alert has been provided by the BAL Global Practice group and our network provider located in Malta. For additional information, please contact your BAL attorney.

Copyright © 2018 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.