S.L. 452.127 Art. 2Interpretation. Cap. 452.         Cap. 586.    S.L. 452.96.

(1) In this order, unless the context otherwise requires:

" Act" means the Employment and Industrial Relations Act;

"algorithmic management" means the use by digital labour platforms of any automated systems, including automated monitoring systems and automated decision-making systems, in any manner whatsoever to match supply and demand for work, as well as to assign tasks, and monitor, evaluate and take decisions for the platform workers;

"digital labour platform" means any natural or legal person providing a commercial service enabling the delivery of any product and which meets all of the following requirements:

(a) it is provided, at least partially, at a distance through electronic means, such as a website or a mobile application;

(b) it is provided at the request of a recipient of the service; and

(c) it involves, as a necessary and essential component, the organisation of work performed by (CONDITIONS OF WORK) REGULATION

persons, including but not limited to food couriers, through the use of vehicle transportation:

Provided that it excludes providers of a service whose primary purpose is to exploit or share assets but shall be limited to providers of a service for which the organisation of work performed by the person does not only constitute a minor and purely ancillary component;

"digital platform work" means any work organized through a digital labour platform and performed in Malta by a person on the basis of a contractual relationship between the digital labour platform and the person, or on the basis of a contractual relationship between the work agency and the person who is assigned to or placed at the disposal of any digital labour platform or multiple digital labour platforms by the work agency, in each case irrespective of whether a contractual relationship exists between the person and the recipient of the service;

"employer" shall have the same meaning as that assigned to it by the Act and includes, for the purpose of this order, digital labour platforms and work agencies, unless otherwise expressly provided or the context otherwise requires;

"General Data Protection Regulation" means Regulation

(EU) 2016/679 of the European Parliament and of the Council of

27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC as implemented by the Data Protection Act;

"micro, small or medium-sized enterprises" means micro, small and medium-sized enterprises as defined in the Annex to Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises;

"official representative" means any lawyer representing a person performing digital platform work, a trade union representative, or any information and consultation representative appointed in accordance with the Employee (Information and Consultation) Regulations;

"on a regular or on an irregular basis" means, in terms of hours of work, whether often and, or in a consistent manner or not often and, or in an inconsistent manner;

"person performing digital platform work" means any person performing digital platform work, irrespective of the contractual designation of the relationship between that person and the digital labour platform or the work agency by the parties involved;

"platform worker" means:

(a) any person performing digital platform work and who has entered into a contract of employment or an employment relationship or any other form of arrangement irrespective of the contractual designation with any digital labour platform or multiple digital labour platforms and who is engaged, whether on a regular or on an irregular basis, to provide services consisting of the delivery of any product; and

(b) any person performing digital platform work and who has entered into a contract of employment or an employment relationship or any other form of arrangement irrespective of the contractual designation with a work agency and who is assigned to, or placed at the disposal of, whether on a regular or on an irregular basis, any digital labour platform or multiple digital labour platforms to provide services consisting in the delivery of any product;

"time-and-a-half" and "double-time" mean respectively one and a half times and twice the actual time rate applicable to the platform worker;

"work agency" means any natural or legal person who enters into contracts of employment, employment relationships or any other form of arrangement irrespective of the contractual designation, with platform workers and who assigns them to, or places them at the disposal of, whether on a regular or on an irregular basis, any digital labour platform or multiple digital labour platforms, to provide services consisting in the delivery of any product, whether the said activity is the main activity or an ancillary activity of the work agency or otherwise:

(2) Without prejudice to the provisions of sub-article (1), terms and expressions used in this order shall, unless the context otherwise requires, and which are not defined herein, have the meaning assigned to them in the Act.