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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
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 On the same date, the Minister also repealed the Occupational Health and Safety Appeals Board (Procedure) Regulations (S.L.424.12) and the Occupational Health and Safety (Payment of Penalties)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
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
Mamo TCV Advocates: Understanding the Health and Safety at Work
Understanding the Health and Safety at Work Act: Key Concepts and Recent Changes Employment and Industrial RelationsReal Estate & Construction

Understanding the Health and Safety at Work Act: Key Concepts and Recent Changes

On the 9th of August 2024, the Health and Safety at Work Act, Act XXXIII of 2024 (Chapter 646 of the Laws of Malta) (hereinafter referred to as the ”Act”) was published by Parliament. Upon coming into force, the Act shall repeal the Occupational Health and Safety Authority (“OHSA” or “Authority”) Act (Chapter 424 of the Laws of Malta) and its subsidiary legislation. The Act implements principles found in the Framework Directive (89/391/EEC) for health and safety at work, which principles are applicable across the European Union. Objectives and the Scope of the Act The primary objective of the Act…
Jeanine Mallia Schembri
23rd August 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 and Erika Azzopardi Taliana
4th June 2024
Mamo TCV - Legal Article
Industrial Tribunal Delivers an Award on a Dismissal of a Worker During his Notice Period Employment and Industrial Relations

Industrial Tribunal Delivers an Award on a Dismissal of a Worker During his Notice Period

In the Industrial Tribunal case with number 4196/HW, the applicant claimed that he had been unfairly dismissed from his position with the respondent employer in the aftermath of his resignation, whilst he was working his notice period, and that he was owed a sum of money from commissions and unutilised leave. Firstly, the applicant argued that he had resigned from the workplace and was then dismissed by the employer during his notice period, and therefore the Industrial Tribunal should thus vary the reason for termination from a dismissal to a resignation. Following the plea raised by the defendant company, that…
Jake Buttigieg
6th March 2024