Trade Unions Demand Statutory ‘Right to Disconnect’ in Malta’s Family Leave Reforms

“The rise in burnout and mental fatigue shows boundaries between work and private life are increasingly blurred,’’ warns one of Malta’s largest trade union, calling for a legal “right to disconnect” from post-hours emails and calls following a recent launch of a consultation process by Parliamentary Secretary for Social Dialogue and Accommodation Andy Ellul aimed at strengthening maternity, paternity and parental leave, as well as remote working arrangements. “The right to disconnect must be embedded as a concrete and enforceable safeguard,” the union’s General Secretary emphasized.

Current Framework: Private Sector Lacks Protection

Although within the Private Sector, employees do have a right to request flexible work arrangements, the right to disconnect in case of an affirmative reply to such requests, or generally, that is in relation to employees who work fully from the office, is not addressed anywhere. The Work Life Balance for Parents and Carers Regulations (S.L.452.125), hold that workers with children up to the age of eight (8) years,  and  carers,  have  the  right  to  request  flexible  working arrangements for caring purposes. The Regulations do define “flexible working arrangements” but the definition is not exhaustive. Indeed, Regulation 10 states that remote working, work on reduced hours,and flexitime are all to be considered as flexible working arrangements but these are not the only measures.

When faced with a request for flexible working arrangements, employers  shall  consider  and  respond within  two  (2) weeks,  providing reasons for any refusal of such requests or for any postponement of such arrangements. In case of acceptance, the employer may decide that the flexible working arrangements are limited in duration. That said, the employee may request to revert back to his previous arrangement due to a change in circumstances.

Since flexible work arrangements are voluntary, their incidence depends on the parties’ wishes and intentions. It is where there is such an agreement that the right to disconnect has more relevance. Indeed, the right to disconnect, although very much applicable in all sectors within the world of work, is particularly relevant when there is a situation of work from home or remote working.

Although Malta’s employment law trails EU standards, private sector workers do not have a right at law to disconnect from digital communications after hours. The latter arrangement largely remains an employers’ discretion once again.

Although the Organization of Working Time Regulations do not refer to the right to disconnect, they address and prioritise the health and safety of employees by regulating breaks, periods of daily and weekly rest, compensatory rest and holidays. There is of course the inclusion of what is meant, and how to derogate from, the maximum weekly hours of work. Yet, these Regulations and Maltese Labour Law in general do not address the right to switch off from work.

Current Framework: Public Sector

Within the Public Sector, there are now numerous references to the ‘right to disconnect’ black on white in the applicable Manuals and Circulars. On 21 July 2021, the Maltese Government announced that civil servants would have the right to disconnect during non-core and beyond contact hours as from October 2021.  The Manual on Work Life Balance Measures (last updated in January 2025) expressly states that “The policy embraces the right to disconnect principle and grants workers with the right to be able to disengage from work and refrain from engaging in work-related electronic communications, such as emails or other messages, during non-office/working hours. In cases, however where a contract of employment specifies otherwise, or a worker benefits from an allowance to cover an irregular schedule of work, this principle shall not apply.”  These clauses, and others, show that the Public Sector has moved further in embracing the right to disconnect.

Unions and Stakeholders Spell Out Demands

Stakeholder submissions argue reforms must address “work intensity and constant availability,” not just financial incentives. One union leader emphasised: “problems are not solved by throwing money at people – they need more time,” calling for comprehensive discussions on diverse worker realities. From a work-life balance perspective, especially in the light of Maltese demography during recent times, the National Commission for the Promotion of Equality head proposes maternity leave extended to six months, paternity to four weeks, and parental to six months fully paid with non-transferable quotas. Parliamentary Secretary Andy Ellul launched the consultation in February 2026, floating a unified “support leave” framework after studying Ireland’s model, where remote work rights kick in after six months’ service alongside universal disconnection protections.[1]

The Malta Chamber of Commerce prefers a voluntary approach, per their 2022 guidelines: “Employers should set company standards…employees should not be disturbed outside business hours unless in case of a bona fide emergency.” They emphasise clear contracts for on-call roles and employee responsibility to report excessive workloads.[2]

Immediate Action Required – No Legislation Yet

As of March 2026, no reforms are enacted yet. A technical committee is entrusted to draft  policy ahead of public consultation. Employers should review contracts to insert remote working and disconnection clauses following Chamber guidelines, update policies to define clear “Standard Working Week” boundaries, and track developments in Parliamentary Secretary Ellul’s process. Pending legislation will convert discretion into binding obligations with proactive firms adapting smoothly, while others face challenges.

[1] https://timesofmalta.com/article/malta-eyes-ireland-remote-working-rules.1125113

[2] chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.maltachamber.org.mt/wp-content/uploads/2023/03/ef70b2e5-c26e-41f9-9bad-9ac26b64673f.pdf