Precarious employment in Malta : a socio-legal analysis

Abstract

The aim of the thesis is to primarily analyse the issue of precarious employment in Malta with a comparative legislative perspective of precarious employment in Germany and Spain. The first chapter is a definitional chapter wherein general concepts and characteristics of precarious employment introduce the discussion as to what is meant and what actually constitutes precarious employment. This is achieved by making reference to sociological interpretations, studies, and interpretations given by interviewees who by virtue of their profession or employment may shed light as to what constitutes precarious employment. The second chapter analyses the Maltese situation with regard to precarious employment. This is done by considering the sectors, workers and factors leading to precarious employment. This is in turn followed by a discussion of the types of employment which may lead to precarious employment. A jurisprudential analysis of what constitutes precarious employment follows together with the legislative, and administrative and political measures taken till date to address precarious employment. The third chapter discusses the issue of precarious employment within a European Union perspective. This chapter mainly sheds light as to the legislative action or otherwise taken till date by the European Union. Moreover, the Maltese situation with regard to precarious employment is compared and contrasted with that of other Member States namely Spain and Germany. Reference is made as to whether the Court of Justice of the European Union has pronounced itself or otherwise with regard to precariousness. Finally, the measures taken till date to address precarious employment and the issue as to whether harmonisation is required at European Union level is also discussed. The thesis concludes by making recommendations as to what needs to be done in order to address the situation of precarious employment in Malta.