Understanding Malta's Working Time Regulations: A Guide for International Employers

Malta's employment framework establishes clear guidelines for working hours, ensuring both employer flexibility and employee protection. The standard workweek consists of 40 hours, with a maximum average of 48 hours calculated over a 17-week reference period. Specific industries may have variations outlined in the Wage Regulation Orders (WROs) published by Malta's Department of Industrial and Employment Relations (DIER).

Maximum Working Hours and Overtime Legislation

Malta's Employment and Industrial Relations Act, along with subsidiary legislation, governs working time. Key regulations include the Organisation of Working Time Regulations, the Overtime Regulations, and the Young Persons (Employment) Regulations.

Maximum Hourly Limits

For adult employees, the average weekly working time must not exceed 48 hours over a 17-week reference period. Special protections exist for young workers. For instance, a company in the tourism sector was recently fined for scheduling a 17-year-old employee beyond the legal 40-hour weekly limit.

Young Persons (16-17 years): Maximum 8 hours daily and 40 hours weekly. Night work (10 pm - 6 am) is generally prohibited except in specific sectors like healthcare.
Children (under 16): Also limited to 8 hours daily and 40 hours weekly, with an absolute ban on night work and a mandatory 21-day school holiday break.

Mandatory Rest Periods

Rest breaks are legally protected. Adult employees are entitled to a 15-minute break after 6 hours of work, while minors receive a 30-minute break after 4.5 hours. Crucially, employers cannot substitute these breaks with financial compensation.

Daily Rest: 11 consecutive hours for adults; 14 hours for minors.
Weekly Rest: One full day per week for adults; two days for minors, including Sunday.

Night Work Provisions

Night work (between 10 pm and 6 am) is strictly regulated. Employers must conduct health assessments for night workers and maintain detailed records. For example, a manufacturing client of SailGlobal successfully implemented a rotational night shift system after a thorough risk assessment, ensuring compliance and employee well-being.

Overtime Regulations

Overtime must be requested based on genuine, unforeseen business needs. Rates are typically 1.5 times the normal wage, unless specified otherwise in a WRO. Written employee consent is mandatory, and this consent can be revoked with notice. Special protections exempt pregnant employees and new parents from overtime requirements for 12 months following childbirth or adoption.

Employment Contracts in Malta

The minimum employment age is 18. Contracts with minors require parental consent and adherence to strict safety protocols. Contracts can be indefinite or fixed-term, with the latter limited to a maximum of four years and requiring justification for their temporary nature.

Key contractual elements include:

Start date and probation period
Salary details and overtime rates
Normal working hours and pay frequency
Entitlements to paid leave and sick days
Applicable notice periods

Probation Period Guidelines

Probation periods vary by contract type. Indefinite contracts typically have a 6-month probation, while fixed-term contracts scale proportionally.

Contract Duration	Probation Period
Less than 6 months	One-third of contract duration
6-7 months	2 months
8-10 months	3 months
11-13 months	4 months
14-15 months	5 months
16 months or more	6 months

Probation can be terminated by either party without cause, but specific rules apply for pregnant employees. SailGlobal's HR compliance experts can help structure probationary terms that align with Maltese law, mitigating risks for international businesses.

Malta Working Hours & Employment Law: A Complete HR Guide 2024