S.L. 452.108 Art. 10Public sector employment.

(1) The provisions in the Constitution or in any other law which apply to employment with the public service or public sector shall prevail over this Order and nothing in this Order shall confer a right to any person to consider a relationship between a person providing a service and the public sector or service for whom the service is provided to be an employment relationship.

(2) However, in the public service or public sector, if a relationship which is entered into after the date of entry into force of this Order is nominally a self-employed one and satisfies the requirements set out in article 3(1), but which, by virtue of sub-article (1), cannot be considered to be one of employment, and in respect of which no exemption has been obtained as specified in article 3(2), the person providing the service may refer his case to the Industrial Tribunal to claim compensation from the person for whom that service is provided at any time during the relationship or within four months from when the relationship is terminated. If the Tribunal is satisfied that the reason for the continuation of the contract on a self-employed basis is because of the provision in sub-article (1), it shall grant an award of compensation and establish an amount to be paid by the person for whom the service is provided to the person who provides the service for the duration of the relationship. In such cases, the Tribunal shall award the equivalent of what would have been one week’s wages had the relationship become one of employment -

(a) for each year, or part of, of the duration of the self-employed relationship, in the case of a relationship which has been terminated; and

(b) in the case of a relationship which has not been terminated, in addition to paragraph (a), the Tribunal shall order the employer to continue paying this penalty annually in respect of each year, or part thereof, until the said relationship is terminated.