Sustainable Tourism Law

LEGAL PROVISIONS PERTAINING TO SUSTAINABLE TOURISM 245 Another criterion connected therewith is that there is legal protection of employees which must be respected including the right to be paid at least a minimum wage. Maltese law, as European Law, cover employees’ rights in toto in Employment and Industrial Relations Act, and the National Minimum Wage is also provided on an annual basis when calculating the cost of living index. A further example of a mandatory criterion is that “ the enterprise does not employ child labour ” and that “ the enterprise has a policy against commercial exploitation of children and adolescents including sexual exploitation ”. This is covered under the Young Persons (Employment) Regulations 16 whereby Article 2 thereof establishes the objectives thereof, which are: “The purpose of these regulations is to: (a)prohibit work by children; (b) establish that the minimum employment age shall not be lower than the minimum age at which compulsory full-time schooling ends 17 ; (c) regulate work by adolescents and young persons; and (d) ensure that employers guarantee that young people have working conditions which suit their age and are protected against economic exploitation and against any work likely to harm their safety, health or physical, mental, moral or social development or to jeopardise their education”. Even more so, young persons are further protected under the Occupational Health and Safety Authority Act 18 , entitled the “Protection of Young Workers at Work Regulations” 19 , whereby an employer who employs (either part time or on a full time basis) a young person under the age of 18, is bound to do a risk assessment in relation to the work provided to the young employee, as well as the necessary medical examination to ensure that one would be medically fit for the job undertaken. Moreover, there must be constant supervision by the employer (here the hotel industry) of the young person with regard to the assigned work. An actual example that could be cited here is that young persons are usually employed as part-timers in the summer months, such as pool-attendants, and 16 Subsidiary Legislation 452.92 of the Laws of Malta. 17 This is established in Malta at 16 years of age. 18 Chapter 424 of the Laws of Malta. 19 Subsidiary Legislation 424.10 of the Laws of Malta.