In Malta, the Employment Act (Chapter 452 of the Laws of Malta) sets the standard working week for full-time employees at 40 hours. This is the statutory working week established by Maltese law, aiming to ensure a balance between work and personal life for employees.

While the standard workweek is 40 hours, there's a legal limit on the total number of hours an employee can work. The Organisation of Working Time Regulations (S.L. 247 of 2003) dictates that the average working time cannot exceed 48 hours per week over a reference period (typically 17 weeks). This regulation is in place to safeguard employees from excessive workloads.

However, there's an exception to this rule. Employers can request employees to work beyond the 48-hour average, but this requires the employee's written consent. The employee also retains the right to withdraw this consent with a minimum of seven days' notice.

It's important to note that some sectors might have specific working hour regulations outlined in Wage Regulation Orders. These orders establish working hours for various industries and activities within Malta.

In Malta, employees are eligible for overtime pay when they work hours exceeding the standard working week, as defined by the Overtime Regulations (S.L. 452.110). This applies to hours worked beyond 40 hours per week. However, some exceptions might exist based on industry-specific Wage Regulation Orders (WROs).

The minimum overtime pay rate depends on whether your industry has a relevant WRO. For sectors with applicable WROs, the specific overtime rate is dictated by the corresponding WRO for your industry. For sectors without applicable WROs, the minimum overtime rate is set at one and a half times the normal rate of pay for any hours exceeding the 40-hour weekly average.

While overtime pay is mandated by law, employers do hold the right to request employees to work overtime, subject to certain conditions. The total working hours, including overtime, cannot surpass an average of 48 hours per week over the reference period. Exceptions exist with the employee's written consent. Unless bound by a pre-existing written agreement to work beyond the 48-hour average, employee consent is necessary for overtime work. This consent can be withdrawn with a minimum of seven days' notice.

In Malta, the law guarantees rest periods and breaks for employees, promoting well-being and preventing fatigue.

Daily Rest

Employees are entitled to a minimum of 11 consecutive hours of daily rest within a 24-hour period. This uninterrupted break allows for proper recovery between work shifts.

Weekly Rest

The regulations mandate a minimum uninterrupted weekly rest period of 24 hours. This extended break offers employees valuable time for personal commitments and leisure activities.

Breaks During Working Hours

In addition to daily and weekly rest, Maltese law mandates breaks during working hours:

• If a working period exceeds six hours, employees are entitled to a rest break of at least 20 minutes. This break can be divided into multiple shorter breaks throughout the workday, as agreed upon between the employer and employee.

• The break requirement might not apply to specific situations like mobile workers or workers with particularly short work schedules. However, employers must ensure these employees have reasonable breaks to prevent fatigue.

In Malta, the potential challenges associated with night and weekend work are recognized and regulated.

Night work is defined by the Employment Conditions Regulations as working hours that fall within the timeframe of 10 p.m. to 6 a.m. An employee is considered a night worker if their daily working hours include at least three hours within the night time period or if more than half of their annual working hours fall within the night time period. This threshold can be lower if specified in a collective agreement.

Night workers are entitled to certain protections. Their average working hours must not exceed eight hours in any 24-hour period, calculated over a reference period of 17 weeks. Employers must also ensure night workers undergo a pre-employment health assessment to determine their suitability for night work, with regular check-ups also being mandatory.

Weekend work is governed by the Organisation of Working Time Regulations, which guarantees a minimum uninterrupted weekly rest period of 24 hours. This rest period should ideally include a weekend day, but the specific days are not mandated by law. However, some industry-specific Wage Regulation Orders (WROs) might dictate specific weekend work regulations.

While Maltese law doesn't mandate specific premium pay rates for night or weekend work, relevant WROs or collective agreements within your industry might stipulate higher pay for these working hours. It's advisable to consult your employment contract or WRO for details on compensation.