Issue link: https://maltatoday.uberflip.com/i/1340740
3 NEWS 18.2.2021 'Common sense will prevail' THE RIGHT TO DISCONNECT FROM PAGE 1 News that the government was work- ing on introducing right to disconnect legislation drew criticism by the Malta Employers Association, which is insist- ing that Malta should wait until a parallel process currently underway at EU level is concluded. "is does not make any sense," MEA president Joseph Farrugia told Business- Today. "Why is the Maltese government insisting on introducing this legislation as quickly as possible when the EU is still working on its directive?" But Abela insisted that what he would be presenting Cabinet would be a pro- posal about introducing the concept of the right to disconnect into Maltese leg- islation. "We are not trying to speed the pro- cess up or to steamroll through social partners," he said. "And of course, should there be developments at EU level in the meantime, we will definitely be looking to adapt our proposal accord- ingly." Abela said that initial feedback he had received thus far had been possible. He also insisted that the proposal and any subsequent formal legislation would defi- nitely not affect any employees who currently received so-called 'disturbance allowance' to be on-call after their normal working hours. "is concept is aimed at protecting those employees who do not enjoy such an allowance and who are constantly hav- ing their down time, and even leave, in- terrupted by their employers," Abela said. "Any existing fair arrangements, such as the disturbance allowance, will not be af- fected." In the end, he said, common sense will prevail. EU legislation approved Labour MEP Alex Agius Saliba, rappor- teur for the European Parliament's com- mittee on employment and social affairs on the right to disconnnect, said that Malta does not need to wait for the concept to be transposed by the EU, because the proposed legislation had al- ready been approved. Agius Saliba told BusinessToday it would in fact be useless for Malta to waste time waiting for the European Union, when the legislation, including key prin- ciples and minimum requirements, had already been discussed. Agius Saliba explained that Malta had a great opportunity because, at EU level, there is already "fully-fledged and devel- oped piece of legislation that the Europe- an Parliament has already approved." "Ultimately, when we are speaking about the right to disconnect, it's not about granting new rights to our workers," he said. "is is a fundamental right which is enshrined in our law under the working time directive, also under national legis- lation which is granting daily and weekly rest periods," he said. e MEA had claimed that Malta risked being used as a guinea pig by other EU countries if it were to forge ahead with its own legislation without waiting for a final common EU policy. "I think we first need to determine if there is actially a problem to solve," Far- rugia said. "Because as long as safeguards remain in place, employees are already adeuately protected." He said that employees and position of responsibility and mamagement already included allowances for after-hour work and communication, as needed. He ac- knowledged that some abuse might occur occasionally and agreed this should be at- tended to. Consultation Farrugia said the MEA was already con- tributing to the debate on the EU's pro- posed directive and had even held talks to this effect with the Employment Relations Board. e association, he said, wanted to be sure that any new law, while protecting the employees, does not end up negative- ly impacting current working concepts such as allowances or certain professions where 'switching off ' is not only impracti- cal, but uncalled for. Agius Saliba said that he agreed with the MEA when it came to discussions with social partners. "I don't think this should be imposed on social partners, but I think as a country we have an MEP who was spearheading the exercise in the Euro- pean Parliament, and minister Abela has already confirmed that the government would be taking action and kick-starting discussions with social partners. I don't think its an issue of making our workers guinea pigs," he said. "We have the legislation there that is already approved, the commission has already committed that it would not be disregarded and something is going to happen. So yes, I will continue to push for it, so that our country and our workers be given the right to disconnect as soon as possible." In fact, on 21 January, the European Par- liament voted to adopt a right-to-discon- nect report, in turn calling on the Euro- pean Commission to propose a law than enables those working digitally to discon- nect outside their working hours. MEA president Joseph Farrugia (above), says Malta going it alone on the right to disconnect 'makes no sense' but MEP Alex Agius Saliba (inset) says there's no need to wait as the EU has already approved proposed legislation BUSINESS 1st and the Planning Authority have reached an agree- ment to facilitate access to the business community, in particu- lar startups and micro enterpris- es. rough this service, one can receive guidance on the planning regulations and legislation to be followed when setting up or ex- panding their business. Business 1st can now set up a meeting with a PA official at B1st premises in Imrieħel, or virtually, by an appointment. In the case of activities which require MTA licenses, such as the catering industry, the client can now benefit of a holistic service from B1st as all required entities; MTA, Environmental Health De- partment and the Planning Au- thority are found under one roof. 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