I have a manager title at my workplace in Malta, but my day-to-day duties are mostly the same as the staff I supposedly supervise. I regularly work well beyond my contracted hours and my employer says overtime rules don’t apply to me because I’m ‘management’. Is a job title alone enough to exclude someone from overtime protections?
A job title alone is generally not sufficient to exclude someone from overtime protections under Maltese law; what actually matters is the real substance of your role, and certain overtime exemptions under the Organisation of Working Time Regulations, linked to the Employment and Industrial Relations Act, Chapter 452 of the Laws of Malta, typically apply to employees who genuinely have autonomous decision-making authority and are not subject to the same working time control as regular staff, rather than simply anyone whose title includes the word 'manager'. If your actual duties, level of independent decision-making, and degree of supervision are, as you describe, largely equivalent to the staff you nominally supervise, there is a reasonable argument that you have been misclassified and should be entitled to overtime compensation or compensatory rest in the same way as other employees performing similar work. Document your actual day-to-day responsibilities, decision-making authority, and hours worked over a representative period, since this evidence would be central to any dispute. You can raise this with the Department of Industrial and Employment Relations, which can assess whether your role genuinely falls within a recognised exemption.
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