Employment and Industrial Relations Law

Notification of Posted Worker in Malta

03 Aug 2022

4 min read

A ‘Posted Worker in Malta’ is an employee of a foreign undertaking who does not normally work in Malta but who, for a limited period of time, is sent by the foreign undertaking to work in Malta. In any posting situation in Malta, the undertaking posting the worker to Malta is obliged to notify the Director of Industrial and Employment Relations (DIER) of its intention to post a worker to Malta and this is done by means of the filing of notification of the posting of a worker in Malta to the DIER.

The notification is an online form, which needs to be completed and submitted. The required supporting documentation are:

  1. A copy of a document (contract of employment or a statement signed by the employer) containing the information which is to be provided to the employee, namely:
  2. Name, registration number and registered place of business of the employer and the ID Card number, sex and address of the employee and the place of work;
  3. Date of commencement of employment;
  4. Period of probation;
  5. Normal rates of wages payable;
  6. Overtime rates of wages payable;
  7. Normal hours of work;
  8. Periodicity of wage payments;
  9. In the case of a fixed-term contract of employment, the expected or agreed duration of the contract period;
  10. Paid holidays, and the vacation, sick and other leave to which the employee is entitled;
  11. Conditions under which fines may be imposed by the employer;
  12. Title, grade, nature or category of the work for which the employee is employed;
  13. Notice periods to be observed by the employer and the employee;
  14. Collective agreement, if any, governing the employee’s conditions of work; and
  15. Other relevant or applicable conditions of employment.
  • Identification document of the posted worker; and
  • Documents containing information specific to the posting, including any allowances which will be paid to the posted worker in connection with the posting.

In the case of a worker being posted to provide training with an undertaking in Malta, and the posting period does not exceed an aggregate period of twenty (20) working days over one (1) year, commencing from the initiated date of posting to Malta, only (a), (b), (f), (h) and (k) are required.

While carrying out work in Malta an employee being posted from an EU/EEA country is not required to apply for an active working licence in Malta but is encouraged to apply for an e-residence card after thirty (30) days of residing in Malta. In the case of a third country national (TCN) employee who is employed by a posting undertaking that is established in an EU/EEA country, there is no need to go through a working licence procedure in Malta if such posted worker already holds a working licence issued in the country where the posting undertaking is established, however once would need to consider applying for an Intra Corporate Transfer (ICT) with Identity Malta.

For any foreign national who is posted in Malta by an undertaking established outside an EU/EEA country, a working licence/ permit is required to be issued by Jobsplus/ Identity Malta. This will be dependent on the nature of the engagement and the length of stay of the worker. In any case of a posting in Malta, it is the obligation of the undertaking posting the worker to notify the DIER of its intention to post a worker to Malta. The notification and supporting documentation should reach the DIER prior to the commencement of the posting. The undertaking making use of the services of the posted worker is obliged to keep a copy of such Notification Form at the place of work for monitoring purposes by the inspectors of the DIER.

On the other hand, individuals who are independently seeking employment in another Member State, self-employed persons, and workers sent to other Member States on business trips in order to attend meetings or follow training are NOT to be considered posted workers in terms of the Posted Workers’ Directive.


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