ACT No. XI of 1981 AN ACT iU/'lher Iv alllend the Condirions of Employment (Regu[a-
Table of Provisions (8)
Statutory Text (8 Provisions)
I assenL
(L.S.)
ANTON BUTTIGIEG
President
10th April. 1981
ACT No. XI of 1981
AN ACT iU/'lher Iv alllend the Condirions of Employment (Regu[a-
rion) Act, 1952.
BE IT ENACTED by the President, by and with the advice and
consent of the House of Representatives, in this present Parliamenl
assembled, and by the authority of the same, as follows:-
l. (I) This Act may be cited as the Conditions of Employmenr
(Regulation) (Amendment) Act, 1981, and shall be read and construed
as one with the Conditions of Employment (Regulation) Act, 1952. here-
inafter referred to as "the principal Act".
(2)
This Act shall have effect from the 1st day of January.
1981.
li Jirregola l-Kondizzjonijiet ta' l-Impieg, u għandu j i n q a r a u ji ft i e he m
ħaġa waħda ma' l-Att ta' 1-1952 li J i r re g o l a l-Kondizzjonijiet ta' l
Impieg, hawnhekk iżjed 'il quddiem imsejjaħ "l-Att pr inċipa l i .
"
Dan l-Att għandu j k o l l u effett mill-l ta' Jannar, 1981.
(2)
Subsection (1) of section 2 of the principal Act shall be
amended as follows
(a) immediately after the definition of "conditions of employ-
ment" there shall be added the following
" "confinement" means the birth of a living child or the
birth of a child whether living or dead after seven months of
pregnancy;". and
(b) immediately after the definition of "Malta" there shaH
be added the fol1owing
" "matemity leave" means absence from work because of
pregnancy and confinement for an uninterrupted period of not
more than thirteen \\eeks, five of which follow the date of
confinement;" .
Immediately after section 15B of the principal Act there shall
be added the following new section
lSC. (1) Where, ,on of after the thirteenth , day Gf
"Maternity
A,pril, 1981, a confinement of a whole-time emplGyee is due
to occur during her employment, such emplGyee shall be
enJtitled to maternity leave with payment of full wages if, at
least three weeks before such leave begins, Of, if that is not
reasonably practicable as soon as practicable, she gives nGtice
in writing tO' her employer that she wi11 be absent from work
because of such confinement, and, together with such notice
she produces a signed medical certificate in which is indicated
the expected date of confinement
Provided that if noticeis not given withill the time
referred to in this subsection, the employee shall be entitled
only to that part of maternity leave which includes the date in
which the confinement occurs and the period of five weeks
which follow such date.
(2) The maternity leave to which this section refers
shall not be availed of before the employee has entered the
eighth month of pregnancy.
(3) A period of five weeks of the maternity leave
shall in all cases be availed of after the date of confinement.
(4) Where confinement does not occur within
eight weeks from the day on which the maternity leave com-
mences, the employee entitled to such maternity leave shaH
not be liable to resume work before the lapse of five weeks
after the date of confinement but the employee shall in that
case be entitled to wages in respect of a period not exceeding
thirteen weeks.
(5) For the purposes of this section, and of section
25 of this Act, "whole-time employee" means any employee
who is deerned to be a wholetime employee in accordance with
any recognised condition of employrnent as defined in section
10 of this Act and includes any other employee who is in
employment with any particular employer for not less than 35
hours in any one week.".
Subsection (l) of section 18 of the principal Act shall be Amendment of
amended by the addition of the following paragrapħ at the end thereof: section 18
of the 'Principal
"Unless expressly provided by or under this Act orany other
Act.
Act, an employer shall not compute as part of thewages of an
employee any other benefit or income, even though granted or paid
by the employer, which is payable on account Gf any cause other
than the contract of service.".
The following prGviso shall be added to section 23 of the
Amendment of
principal Act
the principal
"Provided that where the employee has been retained in
Act.
employment after the date of terminatioJ)of a contract of service
for a specified time or has , been re-ernployedby the employer
within one year frGm the date of . termination of a contract of
service for·a specified time, the :conditions of employmeħt .shall not
be less favourable 'ihari those which would havebeen applicable
had the contract ' of service been for an indefinite .time and the
3. Immediately after section 15B of the principal Act there shall
be added the following new section
lSC. (1) Where, on or after the thirteenth. day of
"Maternity
April, 1981, a eonfinement of a whole-time employee is due
to oecur during her employment, such employee shall be
entitled to maternity leave with payment of full wages if, at
least three weeks before sueh leave begins, or, if that is not
r easonably practicable as soon as practicable, she gives notice
in writing to her employer that she wi11 be absent from work
because of sueh eonfinement, and, t ogether with sueh notice
she produees a signed medical eertificate in which is indicated
the expected date of confinement
Provided that if notice is not given within the time
referred to in this subsection, the employee shall be entitled
only to that part of maternity leave which includes the date in
which the confinement occurs and the period of five weeks
which follow such date.
(2) The matemity leave to which this section refers
shall not be availed of before the employee has entered the
eighth month of pregnancy.
(3) A period of five weeks of the matemity leave
shall in all cases be availed of after the date of confinement.
(4) Where confinement does not occur within
eight weeks from the day on which the maternity leave com
mences, the employee entitled to such maternity leave shall
not be liable to resume work before the lapse of five weeks
after the date of confinement but the employee shall in that
case be entitled to wages in respect of a period not exceeding
thirteen weeks.
(5) For the purposes of this section, and of section
25 of this Act, "whole-time employee" means any employee
who is deemed to be a wholetime employee in accordance with
any recognised condition of employment as defined in section
10 of this Act and includes any other employee who is in
employment with any particular employer for not less than 35
hours in any one week.".
4. Subsection (l) of section 18 of the principal Act shall be
amended by the addition of the following paragrapħ at the end thereof
section 18
of the principal
"Unless expressly provided by or under this Act or any other
Act.
Act, an employer shall not compute as part of the wages of an
employee any other benefit or income, even though granted or paid
by the employer, which is payable on account of any cause other
than the contract of service.".
5. The fol1owing proviso shall be added to section
23 of the
Amendment of
principal Act
the principal
"Provided that where the employee has been retained in Act.
employment after the date of termination of a contract of service
for a specified time or has been re-employed by the employer
within one year from the date of. termination of a contract of
service for·a specified time, the :conditions of employmeħt .shall nat
be less favourable thari those which would havebeen applicable
had the contract· of service been for an indefinite time and the
aggregate probationary period shall in no case be longer than that
provided for under this Act.".
Section 25 of the principal Act shall be amended as follows
(a)
the following proviso shall be added to subsection (3)
thereof
"Provided that notice of termination of employment may not
be given during matemity leave or during the period of incapacity
for work to which paragraph (a) of subsection (12) of this section
refers.";
in the proviso to subsection (0) thereof ---
(b)
(i) for the words "the employer's confidence." there
shall be substituted the words "the employer's confidence; or";
and
(ii) immediately after paragraph (b) thereof there shall
be added the following
that the employee contracts marriage; or
"(c)
(d)
tha t a female employee is pregnant with child.";
and
(c) immediately after subsection (1 1 ) thereof there shall be
added the fol1owing
( 2) (a) A whole-time female emplovee shall not be
"
dismissed by the employer during the period of her maternity
leave or the period of five weeks following such leave in which
she is ineapable for work owing to a pathological condition
arising out of eonfinement.
(b) Any period of incapacity for work referred to
in paragraph (a) of this subseetion shall be dedueted from the
period of sick leave to which the employee is entitled at the
time of sueh incapaeity, sohowever that the period of incapa
city which exeeeds such entitlement shall be deemed to be
leave of absenee without entitlement to wages
Provided that the employer may require the employee to
produee evidenee of such incapacity for work and may require
his own doetor to visit such employee and to report to him on
the condition of her health.
(13) The employee shall, at the termination of mater
nity leave to which she is entitled under the provisions of this
Act or of the period of her ineapacity for work to which parag
raph (a) of subsection (12) of this section refers, be entitled to
resume work in the post she oeeupied on the eommencement of
her matemity leave, or in an analogous post if at the time
when she becomes so entitled the post she formerIy oceupied
is no longer available.
(14) Where a female employee does not resume work as
provided in the preeeding subseetion, or, after having so
resumed work, abandons the service of her employer without
good and sufficient cause within six months from the date of
sueh resumption. she shall be liable. without prejudice to any
other liabi1ity under this Act, to pay the employer a sum
equivalent to the wages she received during the matemity
leave.".
Immediately after section 26 of the principal Act there shall be Addition of
new section
added the following section
26A to the
"26A.
Any condition in a contract of service which empowers
the employer to terminate the employment of a female employee
on her contracting marriage or becoming pregnant with child shall
be without effect.".
Passed by the House of Representatives at Si t ting No. 488 of the 7th April, 1981.
C. AGIUS
Speaker
C. MIFSUD
Clerk to the House of Representatives
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