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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
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…
Christine Calleja
3rd December 2024
Artificial Intelligence
Navigating the Future of Employment: The EU AI Act’s Revolutionary Impact on the Working World Employment and Industrial Relations

Navigating the Future of Employment: The EU AI Act’s Revolutionary Impact on the Working World

This article is part of our EU AI Act series which explores the effect of the AI Act across various industries and sectors.  Artificial Intelligence (AI) has revolutionized various industries, garnering considerable hype and widespread discussion. As AI technologies continue to evolve, their integration into various industries has profound implications, particularly for the labour market. The use of AI in employment raises critical questions about the possibility of job displacement, changes in skill requirements and ethical issues regarding bias, discrimination and privacy. Furthermore, AI can contribute to the creation of new employment opportunities. In response, the European Union (EU) has introduced the AI…
Christine Calleja
9th October 2024
Mamo TCV Advocates - The principle of equal pay for work of equal value to apply more extensively to workers of employment agencies
Extension of the Principle of Equal Pay for Work of Equal Value Employment and Industrial Relations

Extension of the Principle of Equal Pay for Work of Equal Value

The current Temporary Agency Workers Regulations (S.L. 452.106) regulate temporary agency workers, transposing Directive 2008/104/EC of the European Parliament and of the Council on temporary agency work into Maltese law. This legislation is meant to ensure equality of treatment between temporary agency workers and employees of the user undertaking (the entity for which the temporary agency workers would be providing their services). The present regulations make exceptions to the applicability of the principle of equal pay for work of equal value. To ensure better equality of treatment, a new legal notice 128 of 2024 entitled ‘Temporary Agency Workers Regulations, 2024’…
Christine Calleja
4th June 2024