S.L. 452.82 Art. 6Administrative requirements and control measures.

(1) It shall be the duty of the service provider posting the worker to Malta to notify the competent authority in Malta of the intention to post a worker to Malta prior to the date of posting of the worker, at the latest at the commencement of the posting, which notification shall contain the relevant information necessary in order to allow factual controls at the workplace. This notification, effected in the English language, shall include:

(a) the identity of the service provider;

(b) the address in the country where the worker habitually carries out his work;

(c) the anticipated number of clearly identifiable posted workers;

(d) the name, date of birth and nationality of the posted worker;

(e) the persons referred to sub-regulations (6) and (7);

(f) the anticipated duration, envisaged beginning and end date of the posting;

(g) the nature of the services justifying the posting, including the type of work to be carried out; and

(h) the name and address of the undertaking in Malta to which the worker is to be posted.

(2) A copy of the notification referred to in sub-regulation (1), together with updated records sufficient to show that the provisions of these regulations are being complied with, shall be kept at the undertaking in Malta making use of the services of the posted worker.

(3) It shall be the duty of the service provider posting the worker to Malta to keep, to make available and to retain copies, in paper or electronic form, of the employment contract or an equivalent document within the meaning of Council Directive 91/ 533/EEC, including, where appropriate or relevant, the additional information referred to in article 4 of that Directive, payslips, time-sheets indicating the beginning, end and duration of the daily working time and proof of payment of wages or copies of equivalent documents during the period of posting in an accessible and clearly identified place in the undertaking making use of the services of the posted worker.

(4) It shall be the duty of the service provider posting the worker to Malta to deliver the documents referred to in sub-regulation (3) of this regulation, after the period of posting, at the request of the competent authority in Malta, within a reasonable period of time.

(5) It shall be the duty of the service provider to provide a translation of the documents referred to in sub-regulation (3) into the English language.

(6) It shall be the duty of the service provider to designate a person to liaise with the competent authority in Malta, and to send out and receive documents and, or notices, where appropriate.

(7) It shall be the duty of the service provider to designate a contact person, who may be different from the one designated in terms of sub-regulation (6), to act as a representative in Malta through whom the social partners may seek to engage the service provider to enter into collective bargaining during the period in which the services are provided. It is not required that such contact person is present in Malta but he has to be available on a reasonable and justified request.

(8) The obligations imposed in terms of this regulation are to be disseminated as required by regulation 7(8), and shall be deemed to be fulfilled in case where they are complied with by electronic means.