S.L. 452.82 Art. 5A

(1)Without prejudice to the provisions of paragraph (c) of sub-regulation (1) of regulation 3, where the effective duration of a posting exceeds twelve (12) months, the sending parties referred to in regulation 3 shall guarantee, on the basis of equality of treatment, workers who are posted to Malta, in addition to the terms and conditions of employment referred to in sub-regulation (1) of regulation 5, all the applicable terms and conditions of employment by virtue of the Act, or any regulations or orders issued thereunder:

Provided that this shall not apply to:

(a) the terms and conditions related to the conclusion and termination of the employment contract; and

(b) supplementary occupational retirement pension schemes.

(2) Where the sending party submits a motivated notification, the competent authority in Malta shall extend the period referred to in sub-regulation (1) to eighteen (18) months.

(3) Where the sending party replaces a posted worker by another posted worker performing the same task at the same place, the duration of the posting shall, for the purposes of this regulation, be the cumulative duration of the posting periods of the individual posted workers concerned: Provided that for the purposes of this sub-regulation, the concept of "the same task at the same place" shall be determined taking into consideration, inter alia, the nature of the service that shall be provided, the work that shall be performed and the address or addresses of the workplace.