Malta’s equal-pay rules distinguish back pay from additional damages
Our tracker now reflects the statutory condition on damages above the lost-pay amount. It also distinguishes optional employer publication of pay-gap metrics from compulsory publication by the Monitoring Body.
What changed
Regulation 14 provides full recovery of lost pay, including related bonuses and benefits in kind. Under regulation 14(5), damages above the lost-pay equivalent require discrimination carried out wilfully and for vexatious reasons. The earlier unqualified full-compensation label omitted that condition. Regulation 9(8) makes employer website/public publication optional, while regulation 11(2)(c) requires the Monitoring Body to publish metrics (a)–(f). This corrects our description of existing law.
What it means for employers
Read the additional-damages condition alongside the full back-pay remedy, and distinguish reporting to the Monitoring Body from publishing on an employer website. The separate conflict between phased 7 June reporting dates and regulation 9(5)’s 14-working-day wording remains unresolved; obtain official clarification before relying solely on June.
Sources
- L.N. 173 of 2026 — regulations 9(8), 11(2)(c) and 14 Legislation Malta / Office of the State Advocate
This update is maintained by Evenpay from official primary sources. It is general information, not legal advice, and describes the position on the date shown.