The transposition and implementation of the Working Time Directive in Maltese law

Abstract

Working time has been a debatable issue since time immemorial. It forms an integral part of our life that every person of age is set to have experienced it at some point in time, if not on a daily-basis. The controversy which arises in this respect is to delineate where working time stops and free time begins. Although today vacation leave is legislatively tackled yet, complications start to arise when the employee is requested to work long hours due to work pressure. Compromising the interests of the two sides of the industry has proved to be a bone of contention. Even more so when the issue of work-life balance comes into the picture. In the employment spectrum, the worker remains the individual with the least bargaining power vis-àvis his employer. The latter has to ensure not to abuse from his position. Aspects such as the opt-out clause, the per work or per contract debate as regard multiple contracts, long term illnesses when all the entitlements have been availed of and falling sick during the period of annual leave have proved to be a hard nut to crack for the social partners. What follows is an attempt to untangle this conundrum in the most simplest way. This work does not promise to be a panacea but rather a step further to solve these issues. The utmost has been made to bring to the reader solutions in the clearest form, yet any mistakes remain my own. May all those who have the subject at heart enjoy this thesis as much as I did when writing it. Only then the long hours of hard work would pay off.