What Happens If Your Employer Does Not Pay Your Salary in Malta?

Wages are normally paid at intervals no longer than four weeks in arrears, unless a collective agreement sets a different period. Your employment status and, for non-EU nationals, your exact immigration route also matter.

Situation	What to know
Your pay date has passed	Check your contract and any applicable collective agreement. DIER says wages should normally be paid at intervals no longer than four weeks in arrears, unless a different period is agreed in a collective agreement. Raise the missing pay with your employer; if it remains unpaid, report it to DIER.
You are still employed	DIER handles reports from employees who are still working through its Inspectorate. Its claim page says personal unpaid-wage claims are lodged in person at its Valletta office; check the current arrangements before visiting.
Your job has ended	DIER says outstanding wages should be settled by the next pay date after termination. Depending on your circumstances, final entitlements may also include overtime, statutory bonuses, notice money and payment for leave not taken.
You are a non-EU national with a pending Single Permit application	Identità says that if you applied before your current legal stay or permit expired, you may remain in Malta while awaiting a decision. The pending application alone does not authorize work; Identità says work requires interim work authorization.

When is salary overdue in Malta?

DIER says wages should normally be paid at regular intervals no more than four weeks in arrears. A collective agreement may set a different pay period, so check the agreement and your contract for the pay date that applies to you. DIER’s Wages guidance gives the general rule.

What to do first—and what records to keep

DIER advises an employee who has not been paid, or has been paid late, to bring it to the employer’s attention first. Where possible, do this in writing: identify the pay period and amount you believe is outstanding, and keep a copy. If the employer still does not pay, you can report the matter to DIER.

Keep records that help show what you were owed and what you received. DIER lists the contract or appointment letter, payslips, FS3, bank-transfer or cheque records, timesheets, leave records, relevant correspondence, and applicable Jobsplus engagement or termination forms. These are examples of relevant documents, not a guarantee that a claim will succeed.

How to report unpaid wages to DIER

The route depends on whether you are still employed. DIER says reports from current employees are handled by its Inspectorate; matters after employment ends are handled by its Enforcement Section. Personal unpaid-wage claims are lodged in person at 109 Melita Street, Valletta. DIER’s claim page lists weekday hours as 08:00–12:00 from 16 June to 30 September, and 08:00–15:30 from 1 October to 15 June. Check DIER’s current arrangements before travelling.

DIER investigates reports and may contact the employer if it considers the law has been breached. Persistent breaches may lead to criminal proceedings, but a DIER complaint does not guarantee when or whether a disputed amount will be recovered. The criminal time limit in DIER’s FAQ conflicts with the current consolidated law: the FAQ says one year, while article 47 of the Employment and Industrial Relations Act provides a two-year period for proceedings for an offence and says repeated wage nonpayment over the prescription period may be treated as a continuous offence. The current Act is the clearer statement of the statutory period; act promptly and get advice about how it applies to your dates. This does not state the deadline for a separate civil recovery claim.

A DIER complaint and a private civil action are separate routes. DIER says an employee may also bring a civil action against the employer. The current Act also provides for a court, on request by the prosecution and proof of the amount, to order payment of amounts due in certain convictions; that does not guarantee a particular result in an individual case.

If your employment ends

DIER says outstanding wages should be settled by the next pay date after employment ends. Depending on your circumstances and applicable rules, final entitlements may also include overtime, statutory bonuses, notice money and payment for leave not taken. Ask for an itemised final calculation and keep it with your other pay records.

If the employer is insolvent

The Guarantee Fund is not a general solution for late or missing pay. DIER describes it as a limited route for eligible employees whose employment ended because the employer’s insolvency was proved under the scheme’s conditions. Nonpayment alone does not establish insolvency or eligibility. DIER lists exclusions including private domestic servants, share-fishermen, and certain owners or part-owners who had considerable influence over the business.

The claim has strict requirements and limits. DIER says claims must be registered in the employer’s insolvency proceedings and with DIER, with the prescribed material sent to the Guarantee Fund Administration Board within two months from the onset of insolvency. Covered amounts are limited to qualifying sums due for wages payable within the six months before insolvency or termination, and payment cannot exceed the equivalent of 13 weeks’ national minimum wage. Check the current scheme requirements and seek advice promptly if insolvency proceedings begin.

Employee, contractor or disputed status?

A written contract is not the only basis for an employment claim: DIER says a contract of service may be verbal or written. Under the current Employment and Industrial Relations Act, the relationship may be considered a contract of service regardless of its declared label where the employer exercises effective direction, control and choice over the nature of the work or tasks, subject to the Act’s terms. A genuinely self-employed contractor may not have the same employee claim route, so disputed status needs to be assessed on the facts.

If you are a non-EU national

A salary complaint does not itself preserve permission to reside or work. For a pending Single Permit application, Identità says that if you applied before your current legal stay or permit expired, you may remain in Malta while awaiting a decision. That pending application does not by itself authorize employment: Identità says you may work with an interim receipt only if it carries a temporary authorisation sticker. Study, family and long-term-resident routes have different conditions, so check the rules for your exact status and application.

Identità says a Single Permit is tied to a specific job and employer, and changing employer requires the relevant change-of-employer application. If employment actually ends, the grace-period guidance for terminations from 1 August 2025 gives 30 days to seek alternative employment, with a possible additional 30 days if financial self-sufficiency is proved. A wage complaint is not the same as confirmed termination. Confirm your permit validity, application status and next steps with Identità; do not assume a pending application authorizes you to work.

Questions people ask

Can I report unpaid wages while I still work for the employer?

Yes. DIER says reports from employees who are still employed are handled by its Inspectorate. DIER advises raising missing or late pay with the employer first; if it remains unpaid, you can report it.

Does DIER guarantee that I will get my salary back?

No. DIER investigates alleged breaches and may take enforcement action, but its guidance does not guarantee when or whether a particular disputed amount will be recovered. A separate civil action may be an option.

How long is the criminal-proceedings period for unpaid wages?

DIER’s FAQ says one year, but that conflicts with article 47 of the current consolidated Employment and Industrial Relations Act, which provides a two-year period for offence proceedings and addresses repeated wage nonpayment as a continuous offence. Act promptly and get advice about how the law applies to your dates; the separate civil-claim deadline is not stated here.

Can I remain in Malta while a Single Permit application is pending?

Identità says you may remain while waiting for a decision if you applied before your current legal stay or permit expired. That does not by itself authorize work; Identità says an interim receipt authorizes work only if it has a temporary authorisation sticker.

Sources

General information, not individual immigration or legal advice. Confirm your own status and current requirements with the relevant authority.

Raise missing pay with your employer, then report it to DIER if it remains unpaid.