New Transparent and Predictable Working Conditions Regulations


Legal Notice 267 of 2022, the Transparent and Predictable Working Conditions Regulations (‘Regulations’) has just been published, transposing Directive (EU)  2019/1152  on  transparent  and  predictable  working conditions in the European Union and, also repealing Subsidiary Legislation 452.83, Information to Employees Regulations.


The Regulations require employers to provide employees with an array of information including amongst others, the amount of paid leave to which the employee is entitled to and, where the work pattern is entirely or mostly predictable, the length of the worker’s standard working day or week and any arrangements for overtime and its remuneration and, where applicable, any arrangements for shift changes. Such information, depending on the nature of same must necessarily be provided by the employer to the employee within seven (7) calendar days or one (1) month from the first working day.


The Regulations also require inter alia:

  • the provision of additional information by the employer to employees who are required to work in a country other than Malta for a period exceeding four (4) consecutive weeks;
  • the retention of contracts of employment, statements or letters of engagement by the employer;
  • the retention of registers by the employer containing specific employee information.

Zero-hour contracts have also been prohibited by the Regulations save for limited exceptions. The Regulations also impose a minimum predictability of work in relation to employee’s whose work patters are entirely or mostly unpredictable as well as, prohibit an employer from restricting the employee from carrying out other work unless on the basis of objective grounds.

Furthermore, by virtue of these Regulations, an employee who has completed six (6) months of service with the same employer and completed the probationary period, if any, may request more predictable and secure working conditions where available. The Regulations also provide that any mandatory training is to be provided to employees free of charge, shall count as working time and shall, where possible take place during working hours.


The Regulations provide for redress to the employee in the case of contravention of these Regulations and stipulate that any contravention of these Regulations shall be deemed to be an offence, and shall on conviction be liable to a fine (multa) of not less than €450.


Author: Mattea Pullicino