One of Malta's best-kept secrets is its film offering, which revolves around the islands' attraction as a scenic shooting location. Over its history, Malta has hosted some of Hollywood's finest production houses creating several blockbuster movies. From Russel Crows' Gladiator, Brad Pitt and Angelina Jolie's By The Sea, to The Count of Monte Cristo and Troy, the small but mighty Malta has cemented itself as an appealing global destination for a wide variety of major film productions.
This notwithstanding, employment in the Film Industry in Malta is regulated in a somewhat uncoordinated and irregular manner. Although employment law in Malta applies equally to the film industry, it may be governed by a combination of general employment regulations and specific provisions tailored to the unique needs of the film sector.
General Employment Law Conditions
As with any other local working industry, all employees, as crew members or staff employed or self-employed with a film production company, generally enter into a written employment contract, which shall specify the terms and conditions, including job description, working hours and remuneration, for their work. The working hours for film crew may vary significantly from time to time, depending on the specific production, the role, and the stage of production.
Due to the nature of film production, crew members often work longer hours, including night shifts, weekends and public holidays, even more so during peak production times. Crew members may be entitled to overtime pay, which should be clearly defined in their contracts. The overtime rate is typically higher than the regular rate. The same applies for providing adequate breaks in a 24-hour work period.
One may also note that working hours during pre-production and post-production phases are typically more regular compared to the intense schedules during the actual shooting period. In fact, during shooting, the schedule can be highly demanding. The production schedule often dictates long and irregular hours, requiring flexibility and resilience from the crew.
The Malta Film Commission
The local film industry is supported by the Malta Film Commission (the "Commission"), a governmental institution set up in 2000 by virtue of the Malta Film Commission Act, Chapter 478 of the Laws of Malta. It aims to support Malta's film-making community, and focuses on the reliability and attractiveness of the film servicing sector. Since the Commission's commencement, several incentives, including financing ones, have been introduced targeted at the movie industry, attracting significant foreign direct investment to the islands.
Guidelines on Working Conditions for Crew Members
For the improved facilitation of local film production, in January 2024, a set of new minimum working condition guidelines sought out by the Commission took effect to offer better direction for those persons employed with companies in the film industry. It is of importance to note that such pledges were presented in the form of non-binding instructions, where although all crew members would benefit from them, employers are not bound to implement and enforce such rules.
A. Payroll
Crew shall have the choice to be placed on the company's payroll as a full-time employee for the duration of their work contract, or else to be self-employed with payment made via invoices. The employee will also be registered with Jobsplus, which is the authority used to record the commencement of employment engagement, whether as an employee or as a self-employed person.
B. Employment Contracts
Employment contracts will remain the basis for which the engagement of employment between the crew member on set and their employer (as film production team) would be based on. They would have to be issued within the 1st working week of the employment engagement. Verbal agreements may precede the written agreement (which is referred to as a 'deal memo' in the guidelines), but not replace it.
In practice, one may note that a significant portion of the film industry workforce operates as freelancers or independent contractors. Their rights and obligations can differ from regular employees, particularly in terms of contract length, benefits, and job security. The nature of film production may also often require short-term or project-based contracts. These must still comply with national employment laws regarding minimum wage, working hours, and safety standards. Additionally, film industry workers in Malta can join unions or associations that protect their interests, negotiate collective agreements, and better ensure fair treatment among all workers.
C. Remuneration and Working Time
Payment rates cannot fall below the minimum remuneration or wage rate which are set out by the Malta Film Commission rate cards.
As for normal working hours, a standard working day consists in an eleven (11) hour working day, plus an added hour for lunch break, meaning a twelve (12) hour day in total. Overtime would be payable at the rate of x1.5 after the twelve (12)-hour normal working day. An exception would be possible for certain types of departments who would have an eleven (11)-hour schedule, instead of twelve, and the overtime rate of x1.5 begins to take effect after the eleven (11) hours are up.
The guidelines also state that where more than five (5) consecutive days are worked by any crew member, the daily payable rate will be set at x1.5 of the hourly rate for all those hours which are worked on the 6th day and at the hourly rate of x2 for those hours worked on the seventh (7th) day. Moreover, working on public holidays entails that the crew member will be paid at the hourly rate of x2 for those hours worked on the holiday.
D. Equality for all
The guidelines also establish the principle of equality and fairness in the case of employment conditions, in that Maltese crew will not be subject to longer working hours in comparison to the international counterparts. These principles, as well as the principle of non-discrimination, applies in the case of Gozo based crew working on productions in Malta, and vice versa, in that they are eligible for what is known as 'per diems', stemming from the Latin for "by the day," which includes a daily allowance paid to an employee to cover costs incurred while on a business trip.
Lastly, meal allowances will be made available to all crew for the duration of the production who are unable to access on set catering.
Work Permit and/or Employment Licenses Considerations
It is common for foreign workers to form part of the skilled workforce in a production in Malta. Hence, there are certain travel documents, visas or permit considerations which need to be taken into account.
Firstly, work permits are issued to employers wishing to engage foreigners for a determined period and for a specific purpose. Film Service Providers / Production Coordinators of local or foreign film companies seeking to employ foreigners on film projects in Malta are to apply for work permits for their employees at the Department of Citizenship and Expatriate Affairs.1
Secondly, non-EU/EEA cast and crew members need to be in possession of a valid Employment Licence to work in Malta, irrelevant of their duration. An application for an Employment Licence is to be made at least eight (8) weeks before the commencement of the production. In the case of Third Country Nationals, it is the responsibility of the Production Service Company to issue any official invitation and take on the responsibility to endorse and be responsible for the Qualifying Company and Foreign Cast/front of camera performers and crew whilst in Malta.
Equality for all
The qualifying company must ensure that the recruitment of personnel in Malta and Gozo, including recruitment of extra talent, trainees, and the engagement of services in Malta, is conducted fairly and without discrimination of any form. There has also been a marked growing awareness in the film industry towards the importance of gender equality, inclusion, and equal opportunity at all levels, in all employment matters. Accordingly, the production should implement its own policies and good practices, whereby no one should be discriminated based on their gender, disability, sexual orientation, social class, ethnic origin and so on.
Furthermore, the mental health and well-being of cast and crew members also requires good practices, bearing in mind the intense periods with long hours away from family and friends which can in turn have an impact on those working for the production. Hence, the production has a duty of care to ensure that it also has policies and good practices in place in terms of awareness and prevention to cover bullying, harassment, violence and mental health because of working on and or off set in the film production.
Concluding remarks
The film industry contributes significantly to the Maltese economy, not only through direct employment but also through ancillary sectors like tourism, hospitality, and transport. There is always a consistent demand from professionals in the field, ensuring a steady creation of jobs and more employability opportunities. However, Malta does face competition from other countries which may offer similar incentives and filming locations, thus necessitating continuous innovation and marketing to attract production, as well as ensuring sustainable practices in film production to protect Malta's natural and historical sites.
Footnote
1. For more information, visit: www.mhas.gov.mt.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.