S.L. 452.82 Art. 3Applicability.

(1) These regulations shall apply to the extent that the sending partys referred to in the preceding regulation:

(a) send posted workers in Malta on their account and under their direction, under a contract concluded between the sending party making the posting and the party for whom the services are intended, provided that there is an employment relationship between the sending party and the worker during the period of posting; or

(b) send posted workers to an establishment or to an undertaking in Malta which is owned by the sending party, provided that there is an employment relationship between the sending party and the worker during the period of posting; or

(c) being temporary employment undertakings or placement agencies, hire out a worker to a user undertaking established or operating in Malta, provided that there is an employment relationship between the temporary employment undertaking, or placement agency, and the worker during the period of posting: Provided that the sending parties referred to in this paragraph shall guarantee the posted workers the terms and conditions of employment laid down in the Temporary Agency Workers Regulations, which apply to temporary agency workers hired out by temporary work agencies established in Malta, and the user undertaking shall inform the sending party of these terms and conditions of employment: Provided further that when a worker who has been hired out by a temporary employment undertaking or temporary placement agency to a user undertaking, established or operating in Malta in terms of this paragraph, carries out work in the framework of the transnational provision of services within the meaning of this regulation by the user undertaking in the territory of a Member State other than where the worker normally works for the temporary employment undertaking or temporary placement agency, or for the user undertaking:

(a) the worker shall be considered to be posted to the territory of that Member State by the temporary employment undertaking or temporary placement agency with which the worker is in an employment relationship;

(b) the temporary employment undertaking or temporary placement agency shall be considered to be the sending party making the posting in terms of these regulations and shall fully comply with the provisions of these regulations; and

(c) the user undertaking shall inform the temporary employment undertaking or temporary placement agency which hired out the worker in due time before commencement of the work.

(2) These regulations shall not apply to personnel employed on vessels which fall under the provisions of the Merchant Shipping

Act.

(3) Nothing contained in these regulations shall prevent application of terms and conditions of employment which are more favourable to workers.