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Malta - Compensation & Benefit Legislation


CAPITAL

Valletta

 

CLIMATE

Mediterranean climate with mild, rainy winters and hot, dry summers.

 

LANGUAGES

Maltese (official), English (official).

 

LEGAL SYSTEM

Malta’s legal system is based on English common law and Roman civil law. Malta accepts compulsory ICJ jurisdiction, with reservations.

 

CURRENCY

Maltese Lira (1 USD = 0.45010 MTL as of March 15, 2002).

 

MALTA - COST-OF-LIVING

ERI's Relocation Assessor is a recommended source for cost-of-living data.

 

MALTA - EMBASSY/CONSULATES

U.S. Embassy at Valletta

3rd Floor - Development House

St. Anne Street

Floriana, Malta

P.O. Box 535

Valletta, Malta CMR 01

Telephone: [356] 235-960

Fax: [356] 243-229

http://usembassy.state.gov/malta/

 

Embassy of Malta at Washington D.C.

2017 Connecticut Avenue N.W.

Washington D.C. 20008

Telephone: (202) 462-3611

Fax: (202) 387-5470

E-mail: Malta_Embassy@compuserve.com

http://www.foreign.gov.mt/ORG/ministry/missions/washington2.htm

 

MALTA - HOLIDAYS

 

MALTA – LEAVE

Annual Leave: The law mandates an annual paid vacation of 4 workweeks plus 4 workdays.

 

Maternity Leave: 13 weeks – 100% of pay (paid by social security).

 

MALTA - MINIMUM AGE

The law prohibits the employment of children younger than age 16.

 

The Department of Labor enforces the law effectively, but it is lenient in cases of summer employment of underage youths in businesses run by their families.

 

(Section 6.d. Acceptable Conditions of Work, Malta – Report of Human Rights Practices, 2001, U.S. Department of State.)

 

MALTA - MINIMUM REMUNERATION

The weekly minimum wage is 45.75 liri (approximately $103) for persons under age 17; 46.97 liri (approximately $106) for 17-year-olds; and 49.88 liri (approximately $112) for persons age 18 and over. Additionally a mandatory bonus of 50 liri (approximately $110) per week is paid.

 

(Section 6.e. Acceptable Conditions of Work, Malta – Report of Human Rights Practices, 2001, U.S. Department of State.)

 

MALTA - REMUNERATION

ERI's Geographic and Salary Assessors are recommended sources for international remuneration covering 189 countries.

 

MALTA - REPORT OF HUMAN RIGHTS PRACTICES (2001, U.S. DEPARTMENT OF STATE)

Section 6 Worker Rights

 

a. The Right of Association

 

The Constitution provides workers with the right to associate freely, and workers exercise this right in practice. There are 38 registered trade unions, representing about 63 percent of the work force, a 13 percent increase over the previous year. Although all unions are independent of political parties, the largest, the General Workers' Union, generally is regarded as having close informal ties with the Labor Party.

 

Under the law, the responsible minister may refer labor disputes either to the Industrial Tribunal (a government-appointed body consisting of representatives of government, employers, and employee groups) or to binding arbitration. The International Labor Organization (ILO) Committee of Experts for many years has criticized a provision of the law that permits compulsory arbitration to be held at the request of only one of the parties, but neither unions nor employers appear to object to this provision. Workers have the right to strike, and the Government generally respects this right in practice. Only noncivilian personnel of the armed forces and police are prohibited from striking. In practice a striking union can ignore an unfavorable decision of the Industrial Tribunal by continuing the strike on other grounds. During the year, there were seven industrial actions, all of which were resolved before the Industrial Tribunal by the year's end.

 

There is no prohibition on unions affiliating internationally.

 

b. The Right to Organize and Bargain Collectively

 

Workers are free, in law and practice, to organize and bargain collectively. Unions and employers meet annually with government representatives to work out a comprehensive agreement regulating industrial relations and income policy.

 

Under the law, an employer may not take action against any employee for participation or membership in a trade union. Complaints may be pursued through a court of law, through the Industrial Tribunal, or through the Tribunal for the Investigation of Injustices (presided over by a judge of the Superior Court); however, most disputes are resolved directly between the parties. Workers fired solely for union activities must be reinstated; however, there were no reports of such firings during the year.

 

There are no export processing zones.

 

c. Prohibition of Forced or Compulsory Labor

 

The Constitution prohibits forced or compulsory labor, and there were no reports that such practices occurred.

 

The Government prohibits forced and bonded labor by children and there were no reports that such practices occurred.

 

d. Status of Child Labor Practices and Minimum Age for Employment

 

The law prohibits the employment of children younger than age 16. The Department of Labor enforces the law effectively, but it is lenient in cases of summer employment of underage youths in businesses run by their families; some underage children were employed as domestics, restaurant kitchen help, or vendors.

  

In June the Government ratified ILO Convention 182 on the worst forms of child labor.

 

The Government prohibits forced and bonded labor by children, and such practices were not known to occur (see Section 6.c.).

 

e. Acceptable Conditions of Work

 

The weekly minimum wage is $103 (45.75 liri) for persons under age 17; $106 (46.97 liri) for 17-year-olds; and $112 (49.88 liri) for persons age 18 and over. Additionally a mandatory bonus of $110 (50 liri) per week is paid. This minimum wage structure provides a decent standard of living for a worker and family with the addition of government subsidies for housing, health care, and free education. Wage Councils, composed of representatives of government, business, and unions, regulate work hours; for most sectors the standard is 40 hours per week, but in some trades it is 43 or 45 hours per week.

 

Government regulations provide for a daily rest period, which is normally 1 hour, and 1 day of rest per week. The law mandates an annual paid vacation of 4 workweeks plus 4 workdays. The Department of Labor effectively enforced these requirements.

 

Enforcement of the Occupational Health and Safety (Promotion) Act was uneven, and industrial accidents remained frequent. Workers may remove themselves from unsafe working conditions without jeopardy to their continued employment.

 

f. Trafficking in Persons

 

The law does not specifically prohibit trafficking in persons, although other laws can be used to prosecute trafficking; there were no reports of trafficking in persons.

 

The White Slave Traffic Ordinance and the Criminal Code prohibit procurement for prostitution, pornography, sexual offenses, defilement of minors, illegal detainment, unlawful carnal knowledge, and indecent assault. Traffickers also may be prosecuted under the Immigration Act for unlawful entry or unregulated status.

 

MALTA - SOCIAL SECURITY

Social Security Office of International Programs:

 

http://www.ssa.gov/SSA_Home.html

 

MALTA - STANDARD WORKWEEK

The standard workweek is 40 hours per week, but in some trades it is 43 or 45 hours per week.

 

Government regulations provide for a daily rest period, which is normally 1 hour, and 1 day of rest per week.

 

(Section 6.e. Acceptable Conditions of Work, Malta – Report of Human Rights Practices, 2001, U.S. Department of State.)