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Construction Workers
New Construction Site Regulations Now in Force in Malta Employment and Industrial RelationsReal Estate & Construction

New Construction Site Regulations Now in Force in Malta

On the 7th of September 2025, the Health and Safety at Work (Minimum Health and Safety Requirements for Work at Constructions Sites) Regulations, 2025 (S.L. 646.27) (the “Regulations”) came into force. These Regulations have repealed the Workplace (Minimum Health and Safety Requirements for  Work  at  Construction  Sites)  Regulations (S.L. 646.25). In view of the inherent risks and dangers which can be met by persons present on-site, especially by workers, these Regulations include measures which aim to strengthen the health and safety model laid down by Council Directive 92/57/EEC (the “Construction Safety Directive”) to prevent accidents on construction sites and ensure…
Pensioners
Malta’s Proposed Auto-Enrolment Occupational Pension Regime: Key Implications for Employers and Employees Employment and Industrial Relations

Malta’s Proposed Auto-Enrolment Occupational Pension Regime: Key Implications for Employers and Employees

Introduction On 18 June 2025, the Government of Malta, through the Ministry for Finance, launched a month-long public consultation on the introduction of an auto-enrolment occupational pension regime. This initiative seeks to strengthen long-term retirement savings by requiring employers to offer qualifying pension schemes and automatically enrol eligible employees, subject to an opt-out option. Which Legal Frameworks will be Impacted? Occupational pension plans in Malta are currently offered by two categories of licensed holders governed by distinct legal frameworks. These include Retirement Scheme Administrators, licensed under the Retirement Pensions Act, and long-term insurance undertakings, licensed under the Insurance Business Act.…
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Malta Begins Transposition of the EU Pay Transparency Directive Employment and Industrial Relations

Malta Begins Transposition of the EU Pay Transparency Directive

The EU Pay Transparency Directive has quickly become one of the most widely discussed legislative developments in employment law. With its transposition deadline of 7th June 2026, this Directive is drawing considerable attention from employers, employees, HR professionals and legal practitioners alike. While the Directive introduces new rights and obligations aimed at strengthening pay transparency and addressing the gender pay gap, the underlying principle of equal pay for work of equal value is not new to Maltese law. This principle has long been established under Article 27 of the Employment and Industrial Relations Act, Chapter 452 of the Laws of…
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…