Temporary agency workers: equal treatment under the 2024 Regulations

A business takes on workers through an agency to cover a busy period, or uses an outsourcing provider to staff a function. Must those workers be treated in the same way as the people the business employs directly?

Since 1 January 2025, the answer in Malta is largely yes. The Temporary Agency Workers Regulations, 2024 set out new rules on equal treatment for temporary agency workers, in line with wider aims of fairness and non-discrimination at work.

Equal treatment

The central principle is equal treatment. Temporary agency workers must enjoy the same basic working and employment conditions as they would have had if the user undertaking had hired them directly for the same job. This covers:

• pay;
• working hours, overtime and rest breaks;
• statutory leave and public holidays;
• protections for pregnant workers and young people.

Who is covered

The Regulations apply to temporary agency workers in both the public and the private sector. They also bring outsourcing agencies and their employees within scope. This matters in Malta, where outsourced staff often work alongside directly employed staff for long periods.

Other key rules

No fees. Temporary work agencies and user undertakings may not charge workers any fee in connection with an assignment.

Permanent vacancies. Agency workers must be told about permanent vacancies at the user undertaking, so that they have the same chance as other employees to apply.

Amenities and training. Agency workers must have access to the user undertaking’s amenities, such as canteen and transport facilities, and to its vocational training, on the same terms as direct employees, unless there are objective reasons for treating them differently.

Representation. Agency workers count towards the thresholds for worker representation, so they share in rights to information and consultation.

Non-discrimination. The Regulations prohibit direct or indirect pay discrimination on grounds of sex, race, ethnic origin, religion or belief, disability, age or sexual orientation.

Enforcement. Agency workers may file a complaint before the Industrial Tribunal for any breach. Employers found in breach may also be fined.

Why it matters

Equal treatment for agency workers is not only a compliance point. Workers who do the same job side by side on different terms are a source of grievance and, in time, of claims. The Regulations remove much of that difference. They also connect with the principle of equal pay for work of equal value, which the Pay Transparency Directive, Directive (EU) 2023/970, now strengthens.

What user undertakings and agencies should do

• Map your agency and outsourced workforce. List who works for you through an agency or outsourcing provider, in which roles, and for how long.
• Compare terms. For each role, compare pay, hours, overtime, leave and benefits with those of a directly employed comparator. Where there is no direct comparator, take advice on the correct reference point.
• Review contracts with agencies and providers. Make sure they require equal treatment, allow you to verify it, and allocate responsibility for any shortfall.
• Check for fees. Confirm that no fee of any kind is charged to workers, directly or through deductions.
• Share vacancies. Make sure permanent vacancies reach agency workers through the same channels as other staff.
• Open amenities and training. Remove any rule that excludes agency workers from facilities or training, unless there is an objective reason you can explain.
• Train managers. Line managers and HR staff should understand the rules and apply them consistently.

What agency workers should do

• Ask what a direct employee in the same role receives. You are entitled to equal basic conditions.
• Keep your payslips and assignment details. They are the evidence for any complaint.
• Take advice before filing a complaint. The Industrial Tribunal can hear claims under the Regulations, and the facts need to be set out clearly.

The Regulations have now applied for more than a year. Businesses that relied on agency or outsourced staff to keep costs apart from their own pay structures should check that those arrangements still comply.