S.L. 452.172 Art. 2Interpretation. Cap. 452.  S.L. 452.96.    Cap. 456.

In these regulations, unless the context otherwise requires:

"Act" means the Employment and Industrial Relations Act;

"category of workers" means workers performing the same work or work of equal value grouped in a non-arbitrary manner based on the non-discriminatory and objective gender-neutral criteria referred to in regulation 3, by the employer and, where applicable, in cooperation with the employees’ representatives in accordance with the provisions of any law in force in Malta;

"collective agreement" shall have the same meaning as assigned to it in article 2 of the Act;

"direct discrimination" means the situation in which a person is treated less favourably on grounds of sex than another person is, has been or would be treated in a comparable situation;

"Directive (EU) 2023/970" means the Directive (EU) 2023/970 of the European Parliament and of the Council of 10 May 2023 to strengthen the application of the principle of equal pay for equal work or work of equal value between men and women through pay transparency and enforcement mechanisms;

"Director" shall have the same meaning as assigned to it in article 2 of the Act;

"discriminatory treatment" means any distinction, exclusion, restriction or difference in treatment, whether direct or indirect, and includes:

(a) harassment and sexual harassment, as well as any less favourable treatment based on a person’s rejection of, or submission to such conduct, when such harassment or treatment relates to, or results from the exercise of the rights provided for in these regulations;

(b) any instruction to discriminate against persons on grounds of sex;

(c) any less favourable treatment of a woman related to pregnancy or maternity leave within the meaning of Council Directive 92/85/EEC of 19 October 1992 on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding (tenth individual Directive within the meaning of Article 16 (1) of Directive 89/391/ EEC);

(d) any less favourable treatment, within the meaning of Directive (EU) 2019/1158 of the European Parliament and of the Council of 20 June 2019 on work-life balance for parents and carers and repealing Council Directive 2010/18/EU based on sex, including with regard to paternity leave, parental leave or carers’ leave;

(e) intersectional discrimination;

"employees’ representative" means:

(a) any employees’ representative as defined in article 2 of the Act;

(b) any trade union representative recognised under the Act;

(c) any representative elected or appointed in accordance with the Employee (Information and Consultation) Regulations; or

(d) any other representative acting on behalf of a worker in defence of that worker’s interests, including for avoidance of doubt a trade union;

"employer" shall have the same meaning as assigned to it in article 2 of the Act;

"Equality Body" means the National Commission for the

Promotion of Equality established in accordance with the

Equality for Men and Women Act, or such other entity assuming the responsibilities of the National Commission for the Promotion of Equality for Men and Women in accordance with the law;

"gender pay gap" means the difference in average pay levels between female and male workers of an employer expressed as a percentage of the average pay level of male workers;

"indirect discrimination" means the situation in which an apparently neutral provision, criterion or practice would put persons of one sex at a particular disadvantage compared with persons of the other sex, unless that provision, criterion or practice is objectively justified on the basis of a legitimate aim, and the means of achieving that aim are appropriate and necessary;

"intersectional discrimination" means discrimination based on a combination of sex and any other ground or grounds of discrimination protected under Council Directive 2000/43/ EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin, or Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation;

"median gender pay gap" means the difference between the median pay level of female and median pay level of male workers of an employer expressed as a percentage of the median pay level of male workers;

"median pay level" means the pay level at which half of the workers of an employer earn more and half of them earn less;

"Minister" shall have the same meaning as assigned to it in the Act; "Monitoring Body" means the Department for Industrial and Employment Relations:

Provided that for the purposes of public officers appointed within the public service by the Public Service Commission, the duties of the Monitoring Body under these regulations shall be carried out by the People and Standards Division within the office of the Prime Minister, or such other entity assuming the responsibilities of the People and Standards Division;

"pay" means the ordinary basic or minimum wage or salary and any other consideration, whether in cash or in kind, including complementary or variable components, which a worker receives directly or indirectly in respect of his or her employment from his or her employer;

"Pay Gap Report" means a report prepared by an employer employing at least one hundred (100) employees, on the pay gap between female and male workers which includes the information stipulated in regulation 9;

"pay level" means gross annual pay and the corresponding gross hourly pay;

"pay progression" means the process of how workers move to a higher pay level;

"quartile pay band" means each of four equal groups of workers into which they are divided according to their pay levels, from the lowest to the highest;

"trade union" shall have the same meaning as assigned to it in article 2 of the Act;

"Tribunal" shall have the same meaning as assigned to it in article 2 of the Act;

"work of equal value" means work that is determined to be of equal value in accordance with the non-discriminatory and objective gender-neutral criteria referred to in regulation 3.

Part I Equal Pay for Equal Work or Work of Equal Value