Notification of Posted Worker in Malta

Overview

A 'Posted Worker in Malta' is an employee of a foreign undertaking who does not normally work in Malta but who, for a limited period of time, is sent by the foreign undertaking to work in Malta. In any case of a posting in Malta, the undertaking posting the worker to Malta is obliged to notify the Director of Industrial and Employment Relations (DIER) of its intention to post a worker to Malta.

What you'll get

Filing of notification of the posting of a worker in Malta in the Register at DIER.

Eligibility

A foreign undertaking is eligible when it is :
i) Sending a posted employee to Malta on its own account and under its direction, under a contract concluded between the undertaking and the party for whom the services are intended, provided there is an employment relationship between the undertaking and the worker during the period of posting.
or
ii) Sending posted employees to an establishment or to an undertaking in Malta which is owned by the foreign undertaking, provided there is an employment relationship between the undertaking and the worker during the period of posting.
or
iii) A temporary employment undertaking or a placement agency, hiring out a worker to a user undertaking established or operating in Malta, provided there is an employment relationship between the temporary employment undertaking, or placement agency, and the worker during the period of posting.

How to apply

Fill in the online form and submit.

Required documents:
i) A copy of a document (contract of employment or a statement signed by the employer) containing the information which is to be provided to the employee, namely:
a) Name, registration number and registered place of business of the employer and the ID Card number, sex and address of the employee and the place of work.
b) Date of commencement of employment.
c) Period of probation.
d) Normal rates of wages payable.
e) Overtime rates of wages payable.
f) Normal hours of work.
g) Periodicity of wage payments.
h) In the case of a fixed term contract of employment, the expected or agreed duration of the contract period.
i) Paid holidays, and the vacation, sick and other leave to which the employee is entitled.
j) Conditions under which fines may be imposed by the employer.
k) Title, grade, nature or category of the work for which the employee is employed.
l) Notice periods to be observed by the employer and the employee should it be the case.
m) Collective agreement, if any, governing the employee’s conditions of work.
n) Other relevant or applicable condition of employment.

In the case of a worker being posted to provide training with an undertaking in Malta, and the posting period does not exceed an aggregate period of 20 working days over one year, commencing from the initiated date of posting to Malta, only (a), (b), (f), (h) and (k) are required.
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