S.L. 452.82 Art. 9Defence of rights.

(1) When a posted worker alleges that he has been treated in a manner which infringes any right conferred on him by these regulations, such employee may submit a written request to the employer to provide him with a written statement in which shall be listed the reasons, if any, for any difference in treatment and such statement shall be provided by the employer within ten working days from the date of the request.

(2) Without prejudice to any other right regarding the institution of proceedings in another state, a posted worker shall have the right to institute proceedings in the courts of Malta to safeguard any right granted to him by virtue of these regulations, even after the relationship in which the alleged infringement has occurred has ended and even where the posted worker has left Malta.

(3) Any correspondence referred to in sub-regulation (1) shall be admissible in proceedings brought before the courts, and if it appears to the court that the respondent deliberately, and without reasonable excuse, omitted to reply within ten working days of the date of receipt of such notification or that his reply was evasive or equivocal, the court may draw any inference from that fact that it considers just and equitable to draw, including an inference that he committed an unlawful act.

(4) The provisions in sub-regulation (1) requiring the respondent to submit a reply shall not apply if, on the date that the request was made, proceedings had already been initiated on the matter in front of the Courts of Law.

(5) Any employer who grants unfavourable treatment to a posted worker who has brought judicial proceedings in terms of this regulation shall be guilty of an offence according to these regulations.