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Amendments to the Family Business Act Come Into Force Corporate and M&A

Amendments to the Family Business Act Come Into Force

Act XLVIII of 2016, entitled the Family Business Act (the "Act"),  creates a legal framework for the registration of family businesses "established in Malta".   The system of registration contained in the Act allows Maltese authorities to supervise the grant offinancial "benefits"   to those businesses that meet any of the criteria set out in Article 3 of the Act, and which have been duly registered with "the Regulator". Indeed, Article 7 of the Act provides that a business shall be a registered family business once it has been accepted for registration by the Regulator in terms of Article 28 of the…
Mark Soler
31st January 2019
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Jurisdiction of the Industrial Tribunal in the Case of Fixed Term Contracts Successfully Challenged Employment and Industrial Relations

Jurisdiction of the Industrial Tribunal in the Case of Fixed Term Contracts Successfully Challenged

By its judgment of the 25th of January 2019 in the names Galea vs. L-Università ta' Malta, the Court of Appeal decided that cases of termination of fixed term employment contracts do not fall within the Industrial Tribunal's competence. The Court considered Article 75(1) of the Employment and Industrial Relations Act (Cap. 452 of the laws of Malta), which lays down the jurisdiction of the Industrial Tribunal. The Court concluded that the Tribunal had no jurisdiction under sub-article (a) which speaks about 'alleged unfair dismissal' and this due to the fact that the Act's definition of "unjust dismissal" currently reads as…
Christine Calleja
26th January 2019
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Jurisdiction of the Industrial Tribunal in the Case of Fixed Term Contracts Successfully Challenged Employment and Industrial Relations

Jurisdiction of the Industrial Tribunal in the Case of Fixed Term Contracts Successfully Challenged

By its judgment of the 25th of January 2019 in the names Galea vs. L-Università ta' Malta, the Court of Appeal decided that cases of termination of fixed term employment contracts do not fall within the Industrial Tribunal's competence. The Court considered Article 75(1) of the Employment and Industrial Relations Act (Cap. 452 of the laws of Malta), which lays down the jurisdiction of the Industrial Tribunal. The Court concluded that the Tribunal had no jurisdiction under sub-article (a) which speaks about 'alleged unfair dismissal' and this due to the fact that the Act's definition of "unjust dismissal" currently reads as…
Christine Calleja
26th January 2019
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Amendments to the Maritime Labour Convention, 2006 NewsShipping, Yachting and Transport

Amendments to the Maritime Labour Convention, 2006

The 2016 Amendments to the Code of the Maritime Labour Convention, 2006 entered into force on 8 January 2019. These amendments introduced specific provisions to provide further protection to seafarers against shipboard harassment and bullying, and to allow for an extension of the validity of full term Maritime Labour Certificates. Guideline B4.3.1 concerning the provisions on occupational accidents, injuries and diseases has been amended so as to include harassment and bullying. Additionally, a reference is provided to the latest Guidance on eliminating shipboard harassment and bullying, jointly published by the International Chamber of Shipping and the International Transport Workers Federation.…
MamoTCV
25th January 2019
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Amendments to the Maritime Labour Convention, 2006 NewsShipping, Yachting and Transport

Amendments to the Maritime Labour Convention, 2006

The 2016 Amendments to the Code of the Maritime Labour Convention, 2006 entered into force on 8 January 2019. These amendments introduced specific provisions to provide further protection to seafarers against shipboard harassment and bullying, and to allow for an extension of the validity of full term Maritime Labour Certificates.Guideline B4.3.1 concerning the provisions on occupational accidents, injuries and diseases has been amended so as to include harassment and bullying. Additionally, a reference is provided to the latest Guidance on eliminating shipboard harassment and bullying, jointly published by the International Chamber of Shipping and the International Transport Workers Federation. A copy…
MamoTCV
25th January 2019
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EU Regime on Greener Ship Recycling Enters into Force Shipping, Yachting and Transport

EU Regime on Greener Ship Recycling Enters into Force

Regulation (EU) No 1257/2013 of the European Parliament and of the Council of 20 November 2013 on ship recycling and amending Regulation (EC) No 1013/2006 and Directive 2009/16/EC (hereinafter the 'EU Regulation') became applicable on 31 December 2018.The purpose of this Regulation is to prevent, reduce, minimise and, to the extent practicable, eliminate accidents, injuries and other adverse effects on human health and the environment caused by ship recycling. The Regulation seeks to enhance safety, the protection of human health and of the Union marine environment throughout a ship′s life-cycle, in particular to ensure that hazardous waste from such ship…
MamoTCV
24th January 2019