A comparative analysis of the application of EU directives 97/81EC (98/23EC), 98/59EC and 1999/70EC in Maltese, UK and Italian labour laws

Abstract

The European Union ameliorated existing legislation on atypical working relationships such as part time work and fixed term employment contracts by striking a balance between the employees' rights and obligations and the employers' rights and obligations and this by having the principles of non-discrimination and proportionality as their legal basis. Subsequently these Directives were implemented in the Member States. The European Union left it up to the Member States to regulate collective redundancies and this was seen to vary from one Member State to another. Italy's tardiness in implementing the three Directives into domestic legislation and the distinctive mode in which this was done is striking. Maltese industrial and employment legislations have been consolidated. Since the entry into force of Maltese Legal Notices 427, 428 and 429 of 2002, to date no case law exists and therefore only time will tell if these Legal Notices truly reflect the Directives' objective.