Fair Treatment
Equal Pay
The Constitution of Malta guarantees same wages for women workers for same work as men. The Employment and Industrial Relations Act regulates the equal pay for equal work provision and requires that employees in the same class of employment are entitled to same rate of remuneration for work of equal value.
It is the duty of the employer to ensure that for the same work or work of equal value, there is no direct and indirect discrimination on grounds of sex with regard to all aspects and conditions of remuneration. Employer has to ensure that where a job classification system is used for determining pay, it is based on the same criteria for both men and women and so drawn up as to exclude any discrimination on grounds of sex.
Sources: §14 of the Constitution of Malta 1964, last amended in 2015; §3-A of the Equal Treatment in Employment Regulations; §27 of the Employment and Industrial Relations Act (CAP. 452); Equality for Men and Women Act. Cap. 456, last amended in Act No. XI of 2015
Non-Discrimination
In accordance with article 45 of the Constitution, discrimination (meaning affording different treatment to different persons attributable wholly or mainly to their respective descriptions) on the ground of race, place of origin, political opinions, colour, creed, sex, sexual orientation or gender identity.
Employment and Industrial Relations Act also prohibits discrimination and it is unlawful for any person to subject a job candidate or an employee (with regard to conditions of employment or dismissal) to discriminatory treatment. Discriminatory treatment is defined as any distinction, exclusion or restriction which is not justifiable in a democratic society including discrimination made on the basis of marital status, pregnancy or potential pregnancy, sex, colour, disability, religious conviction, political opinion or membership in a trade union or in an employers’ association.
Under the Equality for Men and Women Act, It is unlawful for employers to discriminate, directly or indirectly, against a person in offering employment, in employment conditions and dismissal related matters.
Under this Act, discrimination based on sex or because of family responsibilities, sexual orientation, age, religion or belief, racial or ethnic origin, or gender identity is prohibited.
In accordance with Equal Opportunities (Persons with Disability) Act 2000, an employer cannot discriminate against a qualified person with a disability on the grounds of disability in regard to procedures relative to applications for employment; the hiring, promotion or dismissal of employees; employee compensation; job training; and any other terms, conditions and privileges related to employment. Trade unions are also prohibited in engaging in discrimination on the ground of disability.
Sources: §45 of the Constitution of Malta 1964, last amended in 2015; §26-30 of the Employment and Industrial Relations Act; Equality for Men and Women Act 2012 (CAP. 456); §7-10 of the Equal Opportunities (Persons with Disability) Act 2000, last amended in 2016
Equal Choice of Profession
There is no restrictive provision in the Employment and Industrial Relations Act.
Regulations on Fair Treatment
- Constitution of Malta 1964, last amended in 2014
- Employment and Industrial Relations Act (CAP. 452)
- Equal Treatment in Employment Regulations
