Supporting People who Speak Out

Malta – Standards – Coverage – Protected

Malta – Standards – Coverage – Protected

1. “employee” means:

(a) any person who has entered into or works under a contract of service with an employer and includes a contractor or subcontractor who performs work or supplies a service or undertakes to perform any work or to supply services; or

(b) 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 to which an obligation of professional secrecy applies in terms of the Professional Secrecy Act when such work or service is not regulated by a specific contract of service and “outworker” means a person to whom articles, materials or services of any nature are given out by an employer for the performance of any type of work or service where such work or service is to be carried out either in the home of the outworker or in some other premises not being under the control and management of that other person; or

(c) any person in employment in the public administration, including as a member of a disciplined force;

(d) any former employee;

(e) any person who is or was seconded to an employer;

or

(f) any volunteer in terms of article 2 (1) of the Voluntary Organisations Act even when such work or service is not regulated by a specific contract of service;

(g) any candidate for employment only where information concerning a serious threat to the public interest constituting an improper practice has been acquired during the recruitment process or at another pre-contractual negotiating stage;

Referenced Legislation: Protection of the Whistleblower Act (2013)

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