Topics
Working Hours & Rest
Topic Description
When it comes to work schedules and rest breaks, there are clear guidelines designed to protect both employees and employers. Extremes are never good, and minimum conditions are provided at law to protect employees’ health and wellbeing. Anything below that places employees and employers at risk.
Maltese law regulates working time and rest periods primarily through the Organisation of Working Time Regulations (S.L. 452.87), which transpose Directive 2003/88/EC into national law.
The standard working week is typically 40 hours, but may extend to 48 hours. Employees may consent to work for more than 48 hours per week.
Generally, employees are entitled to a minimum of 11 consecutive hours between shifts as daily rest, and to as weekly rest of either 24 hours within a 7-day period or 48 hours within a 14-day period (this in addition to daily rest). In exceptional cases where rest cannot be granted (e.g. events, emergencies), employers must provide compensatory rest—time off equivalent to the missed rest period. Importantly, monetary compensation cannot replace rest.
Sector-specific rules apply particularly in seafaring, aviation, and transport, where working conditions differ due to operational demands. Some exceptions to the general rules apply for certain industries
What constitutes working time is often a subject of debate, and employers must be able to navigate the complexities surrounding, (i) night work, (ii) employees who are pregnant, (iii) travel time, (iv) on-call time, and (v) overtime.
These rules emanate from law and case law and sectoral agreements. Employers must maintain accurate time records and ensure compliance with rest entitlements to avoid legal exposure.
How We Help: Employment 360 assists employers in structuring compliant shift systems and rosters, advising on compensatory rest and sector-specific exemptions, drafting employment contracts and collective agreements and navigating complex scenarios involving travel, on-call time, and overtime.