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New Temporary Agency Workers Regulations
The New Temporary Agency Workers Regulations Coming into Force Next Month Employment and Industrial Relations

The New Temporary Agency Workers Regulations Coming into Force Next Month

The Temporary Agency Workers Regulations (S.L. 452.133) will come into force on 1st January 2025, replacing the present Temporary Agency Workers Regulations (S.L. 452.106). Who will be affected by the Regulations? The Regulations govern the relationship between the employment agency, the user undertaking and, the temporary agency workers or outsourced workers. The employment agency can either be a temping agency or an outsourcing agency who supplies  employees to the user undertaking, who in turn makes use of their services. The new Regulations will provide for an extension of the principle of equal treatment and equal pay between the employment agency…
Christine Calleja
17th December 2024
EU flag on currency
MFSA Clarifies MiCA Application Process FinTech

MFSA Clarifies MiCA Application Process

On the 10th of December 2024, the Malta Financial Services Authority (“MFSA”), published a circular titled ‘Circular to the Industry on the Authorisation Process for MiCA Applicants’. The purpose of this circular is to provide clarity on the application process in Malta under Regulation (EU) 2023/1114 of the European Parliament and Council on markets in Crypto-Assets (“MiCA Regulation”). The MiCA Regulation was integrated into Maltese law through Chapter 647 of the Laws of Malta, titled the Markets in Crypto-Assets Act (hereinafter referred to as “MiCA Act”). As outlined previously, the MiCA Act provides transitory provisions for the eventual repeal of the Virtual Financial Assets…
Mamo TCV Advocates
11th December 2024
Health and Safety at Work
Updates on the Implementation of the Health and Safety at Work Act and Related Regulations Employment and Industrial RelationsReal Estate & Construction

Updates on the Implementation of the Health and Safety at Work Act and Related Regulations

Commencement of the Health and Safety at Work Act, 2024 and Repeal of the Previous Act and Regulations On the 26th November 2024, the Minister responsible for health and safety at work (the ‘Minister’) issued a commencement notice for the Health and Safety at Work Act, 2024 (the ‘Act’). Through this notice, the provisions of the Act were brought into force, thereby repealing the Occupational Health and Safety Authority Act (Cap. 424). On the same date, the Minister also repealed the Occupational Health and Safety Appeals Board (Procedure) Regulations (S.L.424.12) and the Occupational Health and Safety (Payment of Penalties) Regulations…
Jeanine Mallia Schembri
10th December 2024
Influencer Guidelines
Influencers Take Note: MCCA Has Published Guidelines for Sponsored Content Antitrust, Competition and Trade

Influencers Take Note: MCCA Has Published Guidelines for Sponsored Content

Are you an influencer? Take note! The Malta Competition and Consumer Affairs Authority has now published guidelines that influencers should follow when uploading sponsored posts on social media platforms. We all know how important advertising is in the business world and, with the number of sponsored posts that are flooding social media platforms, businesses have taken to use influencers as the new powerhouses of digital marketing. As was discussed in our previous article on the topic, we do not have laws that specifically regulate influencer marketing. However, the Consumer Affairs Act – which transposes the provisions of the Unfair Trading…
Laura Spiteri
4th December 2024
The Law
Termination Based on Health Incapacity: Guidance for Lawful Termination Employment and Industrial RelationsLitigation & Dispute Resolution

Termination Based on Health Incapacity: Guidance for Lawful Termination

In case number 4109/JHP decided on 25 November 2024, the Industrial Tribunal upheld the dismissal of a former employee by a Company, determining that the termination was lawful and justified. The case centered on the employee, who had served as a Senior Customer Support Agent, and whose ongoing mental health challenges and resulting inability to perform his duties led to his dismissal. The Tribunal highlighted that the Company made considerable efforts to support the former employee throughout his period of difficulty. These included granting medical leave, approving his request to travel to his home country for recuperation, and arranging meetings…
Kristen Camilleri and Christine Calleja
3rd December 2024