Working time issues

I refer to Simon Busuttil's Ask Your MEP article (August 29) which dealt with payment for overtime. I would like to clarify some points for the sake of accuracy.

The relevant Maltese legislation in connection with working time issue is the the Organisation of Working Time Regulations, LN 247/2003. Under these regulations, 48 hours is not "the maximum number of weekly working hours that is allowed by law". This figure relates to the average maximum weekly working hours, an average obtained by calculating the total number of hours worked in a reference period, usually of 17 weeks. Thus, there can be fluctuations above 48 hours in a particular week, provided that this average is not exceeded.

Maltese law allows any employee the possibility to choose to work in excess of the average of 48 hours.

However, under Maltese law, any such specific consent has to be in writing. It is also pertinent to point out that an employee may withdraw his consent at any time, provided the employee gives the employer at least seven days written notice, or any other period as agreed between them not exceeding three months.

Overtime is time worked in excess of normal working hours. An employee is expected to work overtime provided this does not exceed the 48-hour average weekly working time. As explained above, this might result in more than 48 hours being worked in a particular week. However, the employee cannot be forced to work overtime in excess of the 48-hour average weekly working time.

The payment of overtime is a separate issue. Payment of overtime does not fall within the remit of EU labour law and is left to the individual member state to regulate.

In Malta this is regulated either by a Wage Regulation Order, applicable to a particular sector of industry, or by relevant provisions in an applicable collective agreement or individual contract.

It is difficult to discuss the entitlements of individuals in view of the various issues that may have a bearing on payment of overtime.

Persons having queries on issues related to employment conditions can contact the Department of Industrial and Employment Relations at 109, Melita Street, Valletta, on 2122 4245/6 or send an e-mail to ind.emp.relations@gov.mt .