Employment Law: Working Hours And Overtime
Introduction
The Transparent and Predictable Working Conditions Regulations require employers to inform employees about their normal pay rates and normal working hours. These working time standards are not only about productivity but also about safeguarding employee well-being.
Working hours, rest breaks, and overtime rules in Malta are designed to protect workers by:
- Setting clear limits on maximum working hours;
- Ensuring employees receive adequate rest periods;
- Providing fair compensation for extra hours worked.
Employers are also legally obliged to maintain accurate and up-to-date records of employee working hours. These records must be available for inspection by authorities and preserved for at least two years.
Standard Working Hours in Malta
The standard full-time workweek in Malta is 40 hours. However, employers may sometimes require employees to work additional hours. However, with overtime, the maximum average working time cannot exceed 48 hours per week, calculated over a reference period – normally of 4 months, but this can extend to 6 months under a collective agreement, or up to 12 months in exceptional cases with authority approval.
In any case, employees may voluntarily opt out of the 48-hour maximum, but this must be in writing and can be revoked with reasonable notice. Moreover, if an employee does not consent to work more than the average 48 hours, the employer cannot force them or take retaliatory action against them.
Contracts of employment may also specify allowances for overtime, stating that a fixed payment covers a certain number of extra hours, provided the 48-hour average cap is respected.
Rest Periods and Breaks
Rest entitlements ensure employees have adequate time to recover. Employees are entitled to:
- Daily rest: At least 11 consecutive hours of rest in every 24-hour period;
- Weekly rest: At least 24 consecutive hours of rest every 7 days, or 48 consecutive hours over a 14-day period. Ideally, this rest should include a Sunday.
- In-work breaks: Employees working more than 6 hours are entitled to at least 15 minutes of rest.
Night Shift and Weekend Work
Special protections apply for employees working at night or on weekends:
Night workers: Defined as employees who regularly work at least 3 hours during the night (10 PM – 6 AM).
Maximum average: 8 hours in any 24-hour period (including overtime), calculated over a reference period;
Health checks: Night workers are entitled to free health assessments before starting and at regular intervals thereafter.
Weekend work:
No separate maximum hours exists beyond the 48-hour weekly cap;
Employees remain entitled to their weekly rest period, ideally including a Sunday.
Overtime Rules
Overtime is any work performed beyond the standard hours in the contract, collective agreement, or 40-hour baseline.
When it comes to payment for overtime, employees in industries without a Wage Regulation Order (WRO) must be paid 1.5x their normal hourly rate for overtime. However, when it comes to industries with a WRO, the compensation for overtime work depends on the specific industry, and which often include higher rates for work on Sundays or public holiday.
Accordingly, employers may require overtime only if:
- Total hours remain within the 48-hour weekly average, or
- The employee has given written consent to work beyond this.
Employees cannot be forced to consent to exceeding the 48-hour average. Refusal cannot lead to punishment or discrimination. Moreover, employees who would have consented to work overtime, may withdraw consent at any time, by providing a written notice.
In any case, in accordance with the Protection of Maternity (Employment) Regulations, employees cannot be required to work overtime:
During pregnancy.
For 12 months following the birth or adoption of a child.
Conclusion
Working hours and overtime rules in Malta are carefully regulated to strike a balance between productivity, fair pay, and employee well-being. The 48-hour weekly cap protects employees from excessive working hours, while allowing flexibility where workers voluntarily consent. Rest entitlements and protections for night, weekend, and pregnant workers demonstrate Malta’s commitment to safeguarding workers’ health.
By maintaining compliance with these rules, employers not only avoid legal risks but also foster healthier, fairer, and more sustainable workplaces.
This article is for information purposes only and should not be construed as legal advice. The information provided reflects the law as it stands on the blog’s publishing date. For the most updated version or advice tailored to your specific circumstances, you are strongly encouraged to consult a lawyer.
Article and research done by Ms Caitlin Turner, LL.B. (Hons) (Melit.), currently reading a Master of Advocacy at University of Malta.
Sciberras Advocates founded by Dr Adrian Sciberras, is a law firm based in Malta. The firm prides itself to be multi-disciplinary, innovative and flexible in order to meet the changing times and any challenges in the local and international legal scenario. No matter what private or corporate complex demands are called for, Sciberras Advocates offers practical and cost-effective legal solutions to achieve your desired results. You may reach Sciberras Advocates by phone on +35627795222 or via email on [email protected].
