Employer is deducting my wages for a mistake I made. Is this allowed?
- 23.08.2026
A company in Malta wants to bring me on to do essentially the same work as their regular staff, same hours, same office, same supervision, but wants me to invoice them as a self-employed contractor rather than being on payroll as an employee. Is this actually legal, and could it cause problems for me later?
This describes what is often called disguised or false self-employment, where the real substance of the working relationship, fixed hours, direct supervision, integration into the business, use of the employer's equipment and premises, closely resembles genuine employment even though it is formally labelled as a self-employed contractor arrangement, and Maltese authorities, including the Department of Industrial and Employment Relations and the Commissioner for Revenue, look at the actual substance of the relationship rather than just the label used in any agreement or invoicing arrangement when determining true employment status. If reclassified as a genuine employee, which is a real risk given the facts you describe, you could actually gain access to statutory employment protections and benefits you'd currently be missing out on as a nominal contractor, such as paid leave, sick leave, and dismissal protections, but there can also be complications around backdated tax and social security contributions that need proper resolution. Before agreeing to this arrangement, it would be worth understanding both the risks and potential protections involved, and you can seek guidance from the Department of Industrial and Employment Relations on how your specific working arrangement would likely be classified.
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