Your entitlement depends on the applicable Wage Regulation Order (WRO), your work category and hours. Part-time workers have additional rules, and overtime pay is separate from whether extra work can be required.
| Situation | What to know |
|---|---|
| You are an employee and want to know whether extra hours qualify for overtime pay. | Check the WRO for your sector and work category first. If it does not cover your overtime rate, DIER describes a fallback of 1.5 times your normal rate for hours above 40 a week, averaged over four weeks or your shift cycle. |
| You work part-time. | Hours up to a comparable whole-time employee’s normal weekly hours may be paid at your normal hourly rate. Hours beyond that comparator’s normal hours, and Sunday or public-holiday hours, must be paid at the comparable worker’s applicable rate. |
| Your employer wants you to work overtime. | DIER says an employer may require overtime where total hours do not exceed an average of 48 a week. Above that average requires your written consent. You cannot be obliged to work overtime during pregnancy or for 12 months after a child’s birth or the effective date of adoption. |
| You think overtime has not been paid. | Compare your contract, applicable WRO, timesheets and attendance records with your itemised payslip. Raise the issue with your employer; if it remains unpaid, DIER says you can report it and provide relevant documents. |
The short answer
You may be entitled to extra pay for overtime, but working beyond your usual schedule does not automatically mean one nationwide premium applies. Most sectors have minimum overtime rates regulated by their Wage Regulation Order (WRO). The applicable order and your work category determine which rules to check.
The rules in this article concern employees working under a contract of service. DIER says a contract of service can be verbal or written. If your arrangement is described as self-employment, whether it is actually employment is a separate question that this guide cannot determine.
Check your WRO before using the 40-hour rule
If your overtime rate is not covered by a WRO, DIER states a fallback rate of one and a half times your normal rate for work exceeding 40 hours a week, averaged over four weeks or over the shift cycle at the employer’s discretion. This is not a universal threshold: first check whether a WRO covers your job and category.
Your written employment information should include your normal hours, normal wage rates and overtime rates, as well as any applicable collective agreement. DIER says a copy of the contract or signed statement must be provided within seven calendar days where the employment lasts more than one month and the employee works more than eight hours a week.
Part-time work: compare your hours with a whole-time employee
For part-time work, compare your weekly hours with the normal weekly hours of a comparable whole-time employee. Under the Part-Time Employees Regulations, hours up to that comparator’s normal weekly hours may be paid at the normal hourly rate. If your hours exceed the comparator’s normal hours, the excess hours must be paid at the rate applicable to comparable whole-time employees. Sunday and public-holiday hours must also receive the comparable employee’s applicable rate.
Overtime pay and the right to refuse are different issues
Overtime pay rules determine what you should be paid; working-time rules address whether extra hours can be required. DIER says an employer can require overtime if total hours do not exceed an average of 48 hours a week. Work beyond that average requires your written consent. The reference period is usually 17 weeks, but DIER identifies a one-year period in some sectors, including manufacturing and tourism.
You cannot be obliged to work overtime during pregnancy or for 12 months from the birth of your child or the effective date of an adoption. If you have given written consent to work beyond the average 48-hour limit, DIER says you can withdraw it by written notice: at least seven days’ notice applies unless a longer period, up to three months, has been agreed.
Check your contract, pay package and payslip
A fixed salary does not, by itself, show that overtime is included. DIER says an overtime-inclusive pay package should state a known allowance and the number of extra hours it covers; a package that includes an unknown amount of overtime is not in conformity with the relevant working-conditions rules.
Your employer should provide an itemised payslip on or before the date wages are due. It should show hours paid at overtime or special rates, broken down by the relevant type of hours. Compare it with your own records and the rate that applies to your job.
What to do if overtime appears unpaid
Keep your contract or appointment letter, payslips, overtime records, timesheets and attendance records. DIER lists overtime records, payslips and attendance records among documents relevant to employment matters.
Ask your employer for a breakdown of the hours and rate used to calculate your pay. If the amount remains unpaid, DIER says you can report the matter and provide relevant documents. If your employment has ended, include any overtime due when checking your final remuneration.
Questions people ask
Does overtime always start after 40 hours a week?
No. DIER describes 40 hours, averaged over four weeks or the shift cycle, as the fallback only where a WRO does not cover your overtime rate. Check your sector’s WRO and work category.
Does every hour beyond my part-time schedule earn a premium?
Not necessarily. Hours up to a comparable whole-time employee’s normal weekly hours may be paid at your normal hourly rate. Hours beyond that comparator’s normal hours, and Sunday or public-holiday hours, must receive the comparable employee’s applicable rate.
Can my employer include overtime in my salary?
A salary does not automatically mean overtime is included. DIER says an overtime-inclusive package should state a known allowance and the number of hours it covers.
Can I refuse overtime?
DIER says an employer can require overtime if your total hours do not exceed an average of 48 a week; work beyond that average requires your written consent. You cannot be obliged to work overtime during pregnancy or for 12 months after a child’s birth or an adoption’s effective date. Written consent to exceed the average can be withdrawn by written notice.
What evidence should I keep if overtime is unpaid?
Keep your contract or appointment letter, payslips, overtime records, timesheets and attendance records. Raise the issue with your employer first; if it remains unpaid, DIER says you can report it and provide relevant documents.
Sources
- Department of Industrial and Employment Relations (DIER), Overtime
- DIER, Contract of Service
- Malta Legislation, Part-Time Employees Regulations
- DIER, Normal Hours of Work
- DIER, Wages FAQs
- DIER, Conferment of Payslip
- DIER, Documents Required
- DIER, Other Rights on Termination of Employment
General information, not individual immigration or legal advice. Confirm your own status and current requirements with the relevant authority.