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

AuthorRomina Bartolo
Pages43-46
43
8 Self-employed workers (Directive 2010/41/EU and some relevant
provisions of the Recast Directive)
8.1 General (legal) context
8.1.1 Surveys and reports on the specific difficulties o f self-employed workers
No surveys or reports have been published on this topic.
8.1.2 Other issues
There are no other issues to report.
8.1.3 Overview of national acts
National acts pertaining to self-employed w orkers 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).
8.1.4 Political and societal debate and pending legislative proposals
There are no debates or legislative proposals to report.
8.2 Implementation 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 E quality 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 tas ks.
The ETSEO Order was also amended to include spous es of persons in self-employment or
occupation, not being employees or business partners, where they habitually p articipate
in the a ctivities of the self-empl oyed 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.
8.3 Personal scope
8.3.1 Scope
The Equality for Men and Women Act defines employment as any gainful activity including
self-employment.
8.3.2 Definitions
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 tas ks.

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