The recently published LN 44 titled Employment Status National Standard 2012 now an integral part of the Employment and Industrial Relations Act (Cap.452, is a very important piece of legislation that protects workers and their dignity. The government should be truly commended on this.

The aim of this piece of legislation is basically to protect those workers who are forced by unscrupulous employers to register as self-employed and those who prima facie are not considered as employees. Consequent to this legal notice these ‘whole-time’ workers are now considered as employees on an indefinite contract of employment with all the conditions of employment and remuneration as those enjoyed by a comparable employee. This would apply if at least 5 of the 8 conditions mentioned in the legislation itself exist. Briefly these conditions are intrinsic characteristics that exist in a typical employment situation.

The only sore point in this legal notice is that Public Sector Employment is specifically exempt from its provisions. What a shame!

The reaction of the Malta Employers Association (MEA) is also, unfortunately, deplorable. If, as stated, this legislation was unwarranted as only a small fraction of employers are guilty of abuse, then the MEA and the large majority should not fear such legislation. This legislation only targets those employers who unscrupulously abuse workers in the first place.

Felix Galea

Fgura