In light of the COVID-19 outbreak in Malta, the Maltese authorities have introduced various measures which are intended to prevent sustained spreading of the novel coronavirus through human transmission. Additional fiscal measures were also announced as part of the efforts taken by the State, intended to ensure the stability of businesses and the peace of mind of employees during these exceptional circumstances.
These measures came into effect by means of various Legal Notices, each of which is explained hereunder.
By virtue of this Legal Notice, the Superintendent of Public Health prescribed various measures to guard against and, or to control the COVID-19 infectious disease – such measures were set forth in various other Legal Notices.
This Legal Notice also makes obligatory any period of quarantine imposed by the Superintendent of Public Health. Any person who fails to adhere to such measures and, or any obligatory period of quarantine shall be guilty of an offence and shall, on conviction, be liable to the payment of a penalty of one thousand Euro (€1,000) for each and every occasion that the quarantine period is breached.
Article 27(c) of the Public Health Act (Cap. 465) confers the necessary powers to the Superintendent of Public Health to prescribe measures to guard against or to control dangerous epidemics or infectious diseases, while Article 29(1) of the same Act empowers the Superintendent to order that a person or persons suffering from a notifiable disease to, inter alia, be isolated, be placed under the supervision of specified persons, including submitting to medical examination, and to refrain from doing anything which may cause the spread of disease.
Any Police Officer who acts as detail in the observance L.N. 39 of 2020, who discovers that a person has breached the conditions relating to quarantine imposed upon him, shall hand over to the offender or affix in some conspicuous place at the address of the latter a notice containing:
The offender may, within fifteen (15) days of the termination of his quarantine period, pay the penalty in respect of the breach in such manner as shown in that notice, and where the said penalty is not paid within the said period, proceedings shall be instituted before a Commissioner for Justice in respect of the offence in question.
By virtue of this Legal Notice, the Superintendent of Public Health ordered that any person arriving in Malta from any of the countries listed hereunder must submit himself to a fourteen (14) day period of quarantine immediately upon his arrival in Malta.
This Legal Notice also extends to any person or persons living in the same residence as those persons arriving in Malta as described above.
Further to L.N. 40 of 2020, the Superintendent of Public Health ordered a travel ban on persons travelling to and from the countries listed in that Legal Notice. Such ban may be suspended by the Superintendent in his absolute discretion where in his opinion the travel of certain persons is deemed to be essential.
Any person who fails to adhere to such measure shall be guilty of an offence and shall, on conviction, be liable as follows:
Further to L.N. 40 of 2020, the Superintendent of Public Health ordered that any person arriving in Malta from any country must submit himself to a fourteen (14) day period of quarantine immediately upon his arrival in Malta.
This Legal Notice also extends to any person or persons living in the same residence as those persons arriving in Malta as described above.
By virtue of this Legal Notice, the Superintendent of Public Health ordered the closure of all the schools listed hereunder, to students and educators, between the 13th and the 20th of March 2020.
By virtue of this Legal Notice, the Superintendent of Public Health ordered the closure of the Courts of Justice of Malta, including the superior and inferior courts, the appellate courts irrespective of their competence or jurisdiction, any tribunal established by law, and any boards, commissions, committees or other entities before which any proceedings are heard or procedures undertaken which are subject to legal or administrative time limits for filing any claims, defences or other acts and the registry of those courts and, or tribunals. Such closure came into effect as of the 16th of March 2020 and shall remain indefinitely until revoked by the Superintendent.
Should government departments close by order of the Superintendent of Public Health for the purposes of guarding against and, or controlling dangerous epidemics or infectious disease, the legal terms imposed on notaries by law to:
shall also be suspended whilst the order for closure is in force.
The same applies to any legal term related to fiscal benefits, incentives or exemptions, and to any expiration term of any promise of sale agreement (konvenju) duly registered in terms of law with the Commissioner of Revenue within the period established by law.
The suspension shall last until forty-five (45) days following the lifting of the repeal of any such order by the Superintendent.
This means that if the last day of any legal term expires during the time when government departments are closed by order of the Superintendent, the running of the legal term shall be suspended until forty-five (45) days after the day when the Superintendent repeals such order for the closure of any government department. Moreover, if the last day of any legal term expires during the first five (5) days immediately following the repeal of such order, the running of the legal term shall be deemed to be suspended for a period of twenty (20) days from such repeal of any such order.
Where any Court of Justice is closed by order of the Superintendent of Public Health for the purpose of guarding against and, or controlling dangerous epidemics or infectious disease, such order shall suspend the running of any legal and judicial times and of any other time limits including peremptory periods applicable to proceedings or other procedures before the said courts.
The suspension shall last until seven (7) days following the lifting of the repeal of any such order by the Superintendent.
This means that if the last day of any legal or judicial time or other time limit expires during the time when a Court of Justice is closed by order of the Superintendent, the running of the times shall be suspended until seven (7) days after the day when the Superintendent repeals such order.
Nevertheless, Courts of Justice still have the power to order the opening of their registry, the hearing of any case and anything consequential and incidental thereto in urgent cases or in cases where they deem that it would be in the public interest to hear such cases. In such instances, such Court shall determine specific arrangements for the guarding against and, or controlling dangerous epidemics or infectious diseases.
This Legal Notice brings the concept of ‘quarantine leave’ within the scope of the Minimum Special Leave Entitlement Regulations (S.L. 452.101). Quarantine Leave is now defined as “leave to be granted to the employee without loss of wages in such cases where the employee is legally obliged to abide by a quarantine order confining the employee to a certain area or to certain premises as determined by the Superintendent of Public Health under the Public Health Act or by any public authority under any other law”.
As of the coming into force of this Legal Notice, every employee shall on employment, be entitled to be granted by his employer quarantine leave for any period of quarantine as may be determined by the Superintendent of Public Health or by any other public authority.
Moreover, quarantine leave is not limited to those employees who are not covered by an applicable Wages Council Wage Regulation Order and shall therefore apply to all employees.
Finally, employers shall be entitled to request documentation from employees upon their return to work, demonstrating that the said period of quarantine has actually taken place.
The Government of Malta has also announced various fiscal measures intended to ensure stability and the preservation of liquidity within affected businesses.
Firstly, businesses operating mainly within the tourism & hospitality, entertainment and manufacturing industries affected by COVID-19 will get a deferral on the payment of the following taxes:
Such deferral is applicable for taxes due during the months of March and April 2020 and is applicable only where all employees are retained within those businesses applying for such deferral.
Secondly, those businesses who have invested in any technology which facilitates teleworking for their employees may apply for a grant which covers up to 45% of the eligible costs. Such grants are limited to five hundred Euro (€500) for every employee working remotely, and capped at four thousand Euro (€4,000) per entity.
Such grant is eligible only for costs incurred between the 1st and the 30th of March 2020.
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