Self-employed workers (Directive 2010/41/EU and some relevant provisions of the Recast Directive)

AuthorRomina Bartolo
Pages43-46
43
8Self-employed workers (Directive 2010/41/EU and some relevant
provisions of the Recast Directive)
8.1General (legal) context
8.1.1Surveys and reports on the specific difficulties of self-employed workers
No surveys or reports have been published on this topic.
8.1.2Other issues
There are no other issues to report.
8.1.3Overview of national acts
National acts pertaining to self-employed workers are: the Income Tax Act (Chapter 123
Laws of Malta); the Equality for Men and Women Act (Chapter 456 Laws of Malta); the
Equal Treatment in Self-Employment and Occupation Order (SL 460.16).
8.1.4Political and societal debate and pending legislative proposals
There are no debates or legislative proposals to report.
8.2Implementation of Directive 2010/41/EU
Directive 2010/41 was transposed by means of an amendment to the Equality for Men and
Women Act and an amendment to the Equal Treatment in Self-Employment and
Occupation (ETSEO) Order. The Equality for Men and Women Act includes a definition of
self-employed worker’, which is defined in line with Directive 2010/41/EU as all persons
pursuing a gainful activity for their own account, and the spouses of self-employed workers
not being employees or business partners, where they habitually participate in the
activities of the self-employed worker and perform the same tasks or ancillary tasks.
The ETSEO Order was also amended to include spouses of persons in self-employment or
occupation, not being employees or business partners, where they habitually participate
in the activities of the self-employed or occupied person and perform the same tasks or
ancillary tasks. Moreover, Article 4A of the ETSEO Order stipulates that no person who is
self-employed or in self-occupation can be discriminated against in relation to the
establishment, equipment or extension of a business or the launching or extension of any
other form of self-employed activity or occupation.
8.3Personal scope
8.3.1Scope
The Equality for Men and Women Act defines employment as any gainful activity including
self-employment.
8.3.2Definitions
Article 2 of the Equality for Men and Women Act defines self-employment as all persons
pursuing a gainful activity for their own account, and the spouses of self-employed workers
not being employees or business partners, where they habitually participate in the
activities of the self-employed worker and perform the same tasks or ancillary tasks.

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