the EU recognises that this sector plays an important role for the transport of goods and passengers, particularly in landlocked countries, and has several initiatives geared towards bolstering inland water way transport. With this Directive the EU sought to regulate the unique living and working conditions for workers engaged on such vessels carving out certain standard rules which apply in standard onshore and seafaring working environments.

Although Malta lacks inland waterways, vessels traveling through such waterways have been registered under the Malta Flag. This means crew members might have been employed on waterway vessels under Maltese contracts. Consequently, under threat of infringement proceedings, Malta needed to transpose the Directive despite initially claiming it was unnecessary due to its geography.

This development is encapsulated in the newly issued “Organisation of Working Time in Inland Waterway Transport Regulations, 2024,” a subsidiary legislation enacted under the Employment and Industrial Relations Act (CAP. 452).

The core provisions covered by the Regulations are summarised here:

Workers are protected from unfair dismissal if they refuse to comply with requirements that contravene these regulations. Non-compliance is considered an offence against the Act and is subject to fines.

The regulations define several key terms, including “boatmaster,” “craft,” “employer,” “passenger vessel,” “night worker,” and “working time”.

Standard working hours are to be based on an 8-hour day, with a maximum of 48 hours per week on average, calculated over 12 months. Working time may be extended, provided that the average of 48 hours per week is not exceeded within 12 months. The maximum working time in the reference period is 2,304 hours, considering annual leave and sick leave.

Special rules apply for season work.

In all cases, workers must be granted sufficient breaks, daily rest periods, and weekly rest periods. Rest periods must be sufficiently long and continuous to prevent fatigue and ensure safety.

Night work must be limited to seven hours of work during “night time” (22:00 to 06:00) and 42 hours per week.

Workers are entitled to at least four weeks of paid annual leave, which cannot be replaced by an allowance in lieu, except upon termination of employment.

Persons under 18 are generally not allowed to work on such vessels, with specific conditions for those aged 16-18.

Employers must provide annual health assessments free of charge and take steps to protect the safety and health of workers, especially night and shift workers. Health and safety risk assessments must be undertaken.

In case of emergency situations special rules may be invoked to suspend rest periods.

Employers are required to maintain records of daily work and rest hours for verification. These may be subjected to audit by designated officers from the Department of Employment and Industrial Relations.

Workers are protected from unfair dismissal if they refuse to comply with requirements that contravene these regulations. Non-compliance is considered an offence against the Act and is subject to fines.