The so-called student work is unknown in the legislation. Student workers are under the effect of the Act no. XX of 1992 on the Labor Code (Mt.). Difference could only be found in the regulation of taxation and social charges.
The Mt. contains supplementary regulations for underage employees (under 18-year old) which regulation shall always prevail independent from the form of employment.
Regarding the right to give instruction it should be considered that those employers who work through school cooperatives have employment relationship with the school cooperatives and the students perform their works generally out of the seat of the employer.
The school cooperative shall inform the employee in written form about the place of work, tasks of work, elements of the wages, wage supplement and any other elements of the wages, or the incidental performance requirements. However, in connection with the actual performance of the tasks the company and its employees have direct right to give instruction (besides whom the student actually works at).
Typically the companies are only entitled to prescribe the number of employers and their duration of work for the school cooperative. Thus, the people who perform the work are changing continuously. There is no way for the company to prescribe who perform the work.
If there are more student workers at the given place of work,the school cooperative appoints a student leader who shall perform administrative and coordinating tasks. These tasks are set forth by the charter of the school cooperative or by the individual employment contract. The employers’ rights over the student leader are practiced by a team leader (who receives her/his orders from the company).
The team leader shall inform the student leader about the work schedule, duration of work and breaks and generally the actual provision of breaks are set forthby the person appointed to practice the employers’ rights at the company or the student leader who shall follow the instructions of the team leader.
Naturally, these questions are mainly regulated by the agreement of the company and the school cooperative or by the charter of the school cooperative. It is typical that the students are in closer relationship with the school cooperative and in a more distant contact with the company where they actually work.
The hiring-out of workers are regulated by the chapter XI. of the Mt. It is typical that the user enterprise has more right in connection with the instruction giving. These employees are well-integrated in the user enterprise, and the actual employees are individually determined.
The rights of the employer are set forth by the individual agreement of the parties, but the act prescribed some that may only be exercised by the temporary work agency, e.g. termination of the employment. Generally it is set forth that for the the rules of the user enterprise for the work schedule, working hours, breaks time e shall prevail hiring-out workers shall be applied.