A posted worker is an employee who is sent by their employer to Malta to carry out work on a temporary basis while remaining employed in another EU/EEA state, as defined under Article 2 of S.L. 452.82.

The service provider (foreign employer) must submit a declaration form to the Director of Industrial and Employment Relations prior to the start of the posting, in accordance with Article 6(1) of S.L. 452.82.

Notification is done by completing and submitting the standard declaration form available on the DIER website. This must be submitted electronically before the commencement of the posting.

The employer must ensure they obtain the A1 certificate (social security coverage in the home country) and inform social security Malta.

The declaration must be submitted before the worker begins work in Malta. There is no grace period or option to submit after the posting has started. Failing to notify before the start date is a breach of the regulations and may result in penalties or enforcement action (Latest is one day before the posting commences).The declaration must be submitted before (or at the latest when) the posting begins, ideally with enough lead time for authorities to review the details.

Yes. Posted workers must be guaranteed core Maltese employment conditions, including:

• Minimum wage
• Maximum work periods and minimum rest periods
• Paid holidays
• Health and safety standards
• Equal treatment and anti-discrimination provisions

After 12 months (or 18 with notice), Article 5a (1) extends rights to all applicable employment conditions, except certain procedural and pension provisions.