As we honour the contributions and hard work of employees worldwide on Workers’ Day, it would be opportune to acknowledge and recognise the continuous efforts which are still being made to further protect and enhance employees’ rights.
Over the years, Malta has demonstrated a strong commitment to evolving its legal framework to meet the needs of a dynamic and diverse workforce. The following are only some of the recent legislative developments which highlight this ongoing progress:
- Strengthening the Health and Safety Framework
One of the most significant developments in Maltese Employment law which took place recently was the introduction of the new Health and Safety at Work Act, Chapter 646 of the Laws of Malta. This new Act replaced the Occupational Health and Safety Authority Act, Chapter 424 of the Laws of Malta which had previously been in force for almost 25 years. With the introduction of this new Act, we are witnessing a renewed emphasis being placed on preventative measures and risk assessments, as the new Act aims to align local standards more closely with best practices at EU level. Some of the key changes brought about by the new act include the restructuring of the OHSA for better governance, reforming of penalties to increase compliance and clarification of employers’ responsibilities. The new Act has also established the Health and Safety Tribunal and Compromise Procedure for dispute resolution, introduced the Health and Safety Reporting Officers and incorporated Administrative instruments to streamline enforcement.
These changes are crucial in fostering healthier workplaces which places the employees’ safety at its forefront.
- Embracing Flexibility in Work
Another area where Malta has seen significant reform is in its promotion of flexibility in work arrangements. The strengthening of rights related to paternity leave, carers’ leave and work-life balance, reflects a shift in the current workforce which seeks a balance between the employees’ professional and personal spheres.
In fact, in compliance with EU Directives, new provisions have been recently introduced to ensure that employees with caregiving responsibilities, including parents and individuals looking after dependent relatives, are entitled to request flexible work arrangements. The recent extension to urgent family leave is also testament to efforts being made to assist employees juggle their professional and personal responsibilities. These measures not only promote gender equality but also encourage broader participation in the labour market.
- Preparing for the EU Pay Transparency Directive
Looking ahead, Malta is actively preparing to implement the forthcoming EU Pay Transparency Directive, which aims to close the gender pay gap and ensure fairness in remuneration practices. The directive, set to be transposed into national legislation by 2026, will impose obligations on employers to be more transparent about pay structures and provide employees with the right to request information on pay levels and career progression criteria.
This marks a significant shift in employment law, particularly in addressing wage disparities and fostering an inclusive workplace culture. Employers will be expected to conduct pay audits, report pay gap data, and adopt objective systems for evaluating and classifying work.
A Forward-Looking Perspective
Malta’s legal landscape is steadily evolving to protect workers’ rights while also supporting employers in building modern, equitable workplaces. From strengthening health and safety procedures to embracing flexibility and preparing for greater pay transparency, these reforms underline a shift in the Maltese workforce, which places healthy work environments at the forefront.
On this Workers’ Day, we acknowledge not only the dedication of workers across all sectors but also the efforts made by employers who do their utmost to create positive work environments for their employees.
written by Dr Charlene Baldacchino Gauci
For assistance with employment law matters, you can contact one of our Team Members in the Employment Law Department at Mifsud & Mifsud Advocates.
