MDB issues new scheme with revised collateral requirement after the Malta Chamber of SMEs highlights difficulties
23 September 2020
Following problems flagged by members on accessing the MDB loan scheme, the Malta Chamber of...
The employment status of a person who is nominally self-employed is to be presumed to be that of an employee, if a minimum of five of the following criteria are met.
(1) he depends on one single person for whom the service is provided for at least 75% of his income over a period of one year;
(2) he depends on the person for whom the service is provided to determine what work is to be done and where and how the assigned work is to be carried out;
(3) he performs the work using equipment, tools or materials provided by the person for whom the service is provided;
(4) he is subject to a working time schedule or minimum work periods established by the person for whom the service is provided;
(5) he cannot sub-contract his work to other individuals to substitute himself when carrying out work;
(6) he is integrated in the structure of the production process, the work organisation or the company's or other organization's hierarchy;
(7) the person's activity is a core element in the organization and pursuit of the objectives of the person for whom the service is provided; and
(8) he carries out similar tasks to existing employees, or, in the case when work is outsourced, he performs tasks similar to those formerly undertaken by employees.
Statement by the employer
In situations where the employment status of a person is deemed to be one of employment, the employer shall be bound to give or send to the employee a letter of engagement or a signed statement, which shall include the information laid down in the Information to Employees Regulations.
Notwithstanding the presence of five or more of the above criteria that would automatically establish an employment relationship, any person may before entering into such a relationship, submit a written request to the Director of Industrial and Employment Relations to exempt such a relationship from being considered to be an employment relationship. The Director may exempt in writing that relationship, if it is considered that there are particular grounds relating to that activity to exempt it from this requirement, including that the activity being carried out is an uncommon occurrence or of very short duration. Such exemption shall remain valid unless withdrawn by the Director.
The Malta Chamber of SMEs represents over 7,000 members from over 90 different sectors which in their majority are either small or medium sized companies, and such issues like the one we're experiencing right now, it's important to be united. Malta Chamber of SMEs offers a number of different services tailored to its members' individual requirements' and necessities. These range from general services offered to all members to more individual & bespoke services catered for specific requirements.
A membership with Malta Chamber of SMEs will guarantee that you are constantly updated and informed with different opportunities which will directly benefit your business and help you grow. It also entails you to a number of services which in their majority are free of charge and offered exclusively to its members (in their majority all free of charge).