The Malta Chamber of SMEs welcomes MCESD Chairperson David Xuereb to its offices
01 February 2024
Malta Chamber of SMEs President Mr Paul Abela and Deputy President Mr Philip Fenech welcomed...
The recently published Legal Notice 117 of 2010 – Part-Time Employees (Amendment) Regulations, 2010 which came into force on the 12th March 2010 have changed significantly the contents of this leaflet. The definition of ‘Part-Time Employee' was also revised on 16th March 2010 by amendments made to the various Wage Regulation Orders. The important changes as listed below have affected part-time employment and the relevant regulations now apply to all part-time employees, irrespective if the part time employment is their principal or their secondary employment.
Who is to be considered a Part-Time Employee?
A part-time employee is one whose normal hours of work, calculated on a weekly basis or on an average over a period of employment of up to one year, are less than the normal hours of work of a comparable whole-time employee and who is not a whole-time employee with reduced hours.
In this regard, an employer should ensure that the total number of hours worked by a part time employee over a period of one year, do not reach or exceed the total number of normal hours (excluding overtime) worked by a comparable whole-time employee over the same one year period. If the total number of hours worked by the part-time employee equal or exceed those of a comparable whole-time employee, then that employee shall thenceforth be considered as a whole-time employee.
Eligibility for Pro-rata entitlements
The pro-rata entitlements apply to part-time employees as follows:
1. as from 12th March 2010, to all part-time employees who are engaged as such.
2. as from 12th September 2010, in the case of part-time employees whose part-time employment is one in respect of which social security contributions are not payable in terms of the Social Security Act, who were already in part-time employment prior to 12th March 2010 and were still in their part-time employment on the latter date.
Those part-time employees who were already eligible to pro rata entitlements prior to 12th March 2010 and were still in their part-time employment on 12th March 2010 will continue to enjoy such pro-rata entitlements after 12th March 2010.
With respect to the entitlement of a part time employee for the same rate of pay as applicable to the comparable whole-time employee, the recent amendments have further clarified that:
1. where the weekly hours of work exceed the normal weekly hours of a comparable whole time employee, any such hours are to be paid at the same rate as that applicable to the comparable whole-time employee.
2. any hours worked on Sundays and Public Holidays, including hours worked within the normal schedule or hours worked in excess of the normal schedule of a comparable whole-time employee, any such hours are to be paid at the same rate as that applicable to the comparable whole-time employee.
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