Employment Law in Malta
Malta recognises the right to work as a fundamental right in its Constitution and has undertaken to promote proper working conditions that render this right effective. Employment is regulated rigorously on a local level. The principle statute is found in Chapter 452 of the law of Malta, the Employment and Industrial Relations Act (EIRA). Malta’s Constitution of 1974 actually lists the right of citizens to work as a fundumental right and it also delineates the state’s role in promoting the conditions to make this right effective.
In addition, specific regulations have been enacted throughout the years to address private and public sectors, minimum safety standards at work, wage expectations and applicable overtime work rates, the allocation and consumption of working hours by employer and employee, the paid and unpaid leave entitlements and others matters. Employment in Malta is also regulated by industry specific collective agreements which might apply as well as decisions of local courts and tribunals.
Ancillary matters which relate to employment, such as work permits, licence to operate as an employer, the payment of wages and deductions of income tax and other fiscal considerations, business permits and so on are also specifically addressed.
Our Employment Law Practice
Chetcuti Cauchi offers a range of employment-related services to its array of business clients. We specialise in assisting clients identify, manage and reduce business risk in the fields of labour issues, human resources, and health & safety. Our high-value services include drafting and negotiating of employment or service agreements; delineating human resources policies including those related to discrimination, equal treatment on the workplace and wrongful discharge; assistance and consultancy related to recruitment; the attainment of work permits; training of clients managerial staff in relation to HR matters, including legal aspects thereof and litigation in the Industrial Tribunal and Civil Courts.
Chetcuti Cauchi has developed a successful history in offering employment services to a spectrum of individual, corporate and institutional clients. We offer a personalised service, focused on adding value. Our employment law team is well versed in local employment law and practices and boasts a recognised track record.
We have received recognition for our own internal working standards, including recognition for the promotion of equality in the work place by the National Commission for the Promotion of Equality and we have been awarded the FHRD Equal Opportunities award.
Our Employment Lawyers
Clients typically approach us for practical assistance in a number of areas, including:-
- the negotiating, drafting and review of employment contracts for individual and recruitment agencies, collective agreements and service agremeents in the case of self-empoyed clients,
- the registration of employers with local authorities and subsequent applications for authorisation to engaged persons on an employment basis,
- the implementation of a payment systems of employee wages which complies with the Malta Final Settlement System (similar to the UK P.A.Y.E.),
- advising in dispute resolution,
- the transfer of employment contracts in the case of mergers and acquisitions,
- the establishment of human resources policies,
- drafting of data protection policies and procedures,
- the designing and testing of health and safety policies,
- procurement of payroll and accounting services,
- regularly provding clients with updates in employment law,
- assistance in procuring an Employment Practice Liability Insurance to cover any awards laid down by the Courts and the Industrial Tribunal in connection with claims by employees,
- work permit, residence permits and PE Number and social security applications and registrations.