S.L. 452.172 Art. 8Proof of equal work or work of equal value.

(1) When assessing whether female and male workers are carrying out equal work or work of equal value, the assessment of whether workers are in a comparable situation shall not be limited to situations in which female and male workers work for the same employer but shall be extended to a single source establishing the pay conditions, when such single source exists.

(2) A single source shall exist where there is one source that determines the elements of pay relevant for the comparison of workers. For the purposes of these regulations, a single source shall be deemed to exist only where the undertakings concerned are controlled by the same persons and their economic activity is essentially of the same nature.

(3) For the purposes of sub-regulation (2), bodies falling within the public service and namely any ministries and government departments appointed as the employer of public officers within the public service by the Public Service Commission, shall be treated as one single source. Other public sector entities, authorities, corporations, agencies or other bodies shall each individually constitute a separate single source notwithstanding that such entities fall within the remit of the Government of Malta or are subject to coordination, policy direction or oversight by a central authority or body of the Government of Malta.

(4) The assessment of whether workers are in a comparable situation shall not be limited to workers who are employed at the same time as the worker concerned.

(5) Where no real comparator can be established, any other evidence may be used to prove alleged pay discrimination, including statistics or a comparison of how a worker would be treated in a comparable situation.

Part III Reporting