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

• Author: Romina Bartolo
• Pages: 43-46

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’.