Cap. 452 Art. 2Definitions.

(1) In this Act, unless the context otherwise requires -

"act" and "action" each includes omission and references to doing an act or taking action shall be construed accordingly;

"class" when used in the context of a group or a category of employees shall refer to the groups or categories listed in a collective agreement:

Provided that where there is no collective agreement or where a collective agreement does not stipulate groups or categories of employees, it shall refer to the work performed or expected to be performed independently of the title or name given to the post; "collective agreement" means an agreement entered into between an employer, or one or more organisations of employers, and one or more organisations of employees regarding conditions of employment in accordance with the provisions of any law in force in Malta; "comparable whole-time employee" means a whole-time employee in the same establishment who is engaged in the same or similar work or occupation, due regard being given to other considerations including seniority, qualification and skills: Provided that where there is no comparable whole-time employee in the same establishment, the comparison shall be made by reference to collective agreements covering similar comparable whole-time employees in other establishments:

Provided further that where there is no applicable collective agreement, reference shall be made to law or in default of provision by law to the prevailing practice as may be established by the Employment Relations Board; "conciliator" means a person appointed as such under article 68; "conditions of employment" means wages, the period of employment, the hours of work and leave and includes any conditions related to the employment of any employee under a contract of service including any benefits arising therefrom, terms of engagement, terms of work participation, manner of termination of any employment agreement and the mode of settling any differences which may arise between the parties to the agreement; but it does not include professional ethics arising from any professional relationship between an employer and an employee; "contract of service" and "contract of employment" means an agreement, (other than service as a member of a disciplined force except as may be provided in or under this Act) whether oral or in writing, in any form, whereby a person binds himself to render service to or to do work for an employer, in return for wages, and, in so far as conditions of employment are concerned, includes an agreement of apprenticeship: Provided that unless otherwise specifically referred to in another law, in this Act or in any regulations made under this Act, irrespective of the declared nature of the relationship, whenever the employer exercises effective direction, control and choice over the nature of the work or the tasks being or to be performed by a person for the employer, that relationship shall be considered to be one of a contract of service and the person carrying out the work shall be deemed to be an employee of the employer; "Council" means the Joint Negotiating Council established by article 72; "court of inquiry" means a person or persons appointed as a court of inquiry under article 69; "delivery" means the birth of a child, whether alive or stillborn, occurring from the twenty second (22nd) week of pregnancy onwards; "Director" means the Director General responsible for Employment and Industrial Relations; "disciplined force" has the same meaning as is assigned to it by article 47 of the Constitution of Malta and includes the Assistance and Rescue Force established by virtue of the Civil Protection Act; Cap. "discriminatory treatment" means any distinction, exclusion or restriction which is not justifiable in a democratic society including discrimination made on the basis of marital status, pregnancy or potential pregnancy, sex, colour, disability, religious conviction, political opinion or membership in a trade union or in an employers’ association;

"employee" means any person who has entered into or works under a contract of service, or any person who has undertaken personally to execute any work or service for, and under the immediate direction and control of another person, including an outworker, but excluding work or service performed in a professional capacity or as a contractor for another person when such work or service is not regulated by a specific contract of service;

"employer" includes a partnership, company, association or other body of persons, whether vested with legal personality or not;

"employment agency" and "employment business" means a natural or legal person carrying out any activity in Malta:

(a) for the recruitment of persons for employment in Malta or outside Malta;

(b) as a temporary work agency; or

(c) as an outsourcing agency;

and in the case of a legal person whose objects in their memorandum of association include the carrying out of the relevant activities as well as activities ancillary or incidental thereto, but do not include objects which are not compatible with the services of an employment agency or employment business; "employment relationship" means any "contract of service" or "contract of employment" as defined in this Act; "employees’ representative" for the purposes of articles 35, 36(14), 37 and 38 means the recognized union representative: Provided that, where there exists no recognised union, the terms shall mean such representative of the union representing the employees, notwithstanding that in the case of non-unionised employees, the terms shall mean such representative duly elected from amongst the non-unionised employees, by means of a secret ballot called for such purpose by the employer; "employers’ association" means an organisation consisting wholly or mainly of employers and of which the principal purpose is by its rules the regulation of relations between employers and workers or trade unions; "employment", in relation to a trade dispute, includes any relationship whereby one person does work or performs services for another (other than a service as a member of a disciplined force);

"hours of work" means the time on any day during which employees are available for service to the employer, exclusive of the intervals allowed for meals and rest; "Industrial Tribunal" means the Industrial Tribunal set up under