ACT No. XI of 1981 AN ACT iU/'lher Iv alllend the Condirions of Employment (Regu[a-

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

Published

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