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maltaemploymentlaw

Amendments to Probationary Periods in Employment
New Rules on Probation and Fixed Term Contracts of Employment Employment and Industrial Relations

New Rules on Probation and Fixed Term Contracts of Employment

On the 20th of December 2022, various amendments (and clarifications) to the Employment and Industrial Relations Act (Chapter 452) came into force, mainly relating to the probationary period applicable to fixed term contracts and the duration of fixed term contracts. By means of the amendments: In the case of a renewal of a fixed term contract for the same functions and tasks as the previous fixed term contract, there shall be no new probationary period. A fixed term contract cannot be shorter than six months unless there is an objective reason based on precise circumstances which needs to be listed…
Christine Calleja
26th December 2022
Platform worker
New Legal Notice on Digital Platform Work Employment and Industrial RelationsLegal Updates

New Legal Notice on Digital Platform Work

The Covid-19 pandemic has played an important role in shaping labour markets by accelerating the growth of digital labour platforms which have in turn brought a number of challenges. These include issues in determining the correct employment status of workers performing platform work leading to inadequate access to basic labour and employment rights, lack of fairness, transparency and accountability in algorithmic management and, difficulties in enforcement and lack of traceability by the authorities. In Malta, these issues were being particularly felt within the sector of the delivery of consumer products. This prompted a national debate on the need to introduce…
Mamo TCV Advocates
24th October 2022
The Transparent and Predictable Working Conditions Regulations came into force on the 21st October 2022
New Rules on the Information to be Provided to Employees Employment and Industrial RelationsLegal Updates

New Rules on the Information to be Provided to Employees

The Transparent and Predictable Working Conditions Regulations came into force last Friday, the 21st October 2022, implementing the Transparent and Predictable Workings Conditions Directive (2019/1152). The Regulations lay down minimum requirements on the working conditions applicable to every worker in the European Union who has an employment contract or relationship. The Regulations set out a longer list of information to be provided to employees, building on the list which already existed under the Information to Employees Regulations. Specific information is to be provided to employees who are outworkers and employees who are required to work outside of Malta for a…
Mamo TCV Advocates
24th October 2022
Mamo TCV - Court Finds Employer Not Responsible for Employee’s Injury
Court Finds Employer Not Responsible for Employee’s Injury Employment and Industrial Relations

Court Finds Employer Not Responsible for Employee’s Injury

In the case with number 609/2018 TA decided on the 29th of September 2022, the employee was alleging that he had suffered an injury whilst performing his duties as a gardener. The defendant company employing the plaintiff rejected responsibility for this alleged incident. The court commented that in these cases, whilst the employee is considered as the vulnerable party, a causal link needs to exist between the event giving rise to damages and the act or omission of the employer. Under the Maltese legal system, there is no objective responsibility placed upon the employer. It is the employee who must…
Christine Calleja
7th October 2022
Platform worker
European Commission Proposal on Digital Platform Workers Employment and Industrial Relations

European Commission Proposal on Digital Platform Workers

Platform work entails the use of an online platform, serving as an intermediary between the clients and the workers for the performance of particular services or to carry out particular jobs in return for payment. In this way, division of work into specific jobs is favoured over a long-standing employment relationship. One can distinguish between online labour platforms where the tasks are carried out regardless of the location and can thus be performed remotely, and on-location labour platforms, like the transport of people or food, the latter gaining increasing popularity throughout the COVID-19 pandemic. The European Commission while recognising the…
Christine Calleja and Klara Cachia
25th August 2022