Malta: Employment and HR

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Employment law and labour law articles and thought leadership, podcasts, videos and webinars from expert sources across the legal world. Explore articles covering topics such as Discrimination, Employee Benefits and Compensation, Health and Safety, Unfair/Wrongful Dismissal, Whistleblowing, Employment Rights, Outsourcing and Redundancy.
Article
Legal Update: Uniform Bereavement And Marriage Leave Entitlements Across All Sectors
Malta has introduced amendments to the Minimum Special Leave Entitlement Regulations, establishing a uniform minimum entitlement of three working days for both marriage leave and bereavement leave across all employment sectors. This reform addresses historical discrepancies between sectors that previously resulted in inconsistent leave entitlements, with some employees receiving only one day of bereavement leave and two days of marriage leave while others enjoyed more favorable terms under specific Wage Reg
Malta Employment
MT
Mamo TCV Advocates
Article
The Shift In The Burden Of Proof In Employment Discrimination Claims Under Maltese Law
Maltese employment law departs from the ordinary civil rule that claimants must prove their allegations when it comes to discrimination claims. Once an employee establishes facts suggesting discriminatory treatment, the burden shifts to the employer to prove the decision was lawful and non-discriminatory. This article examines the EU origins of this evidential framework, its implementation across multiple Maltese regulations, and how the courts have applied it in practice.
Malta Employment
GA
GVZH Advocates
Article
A New Way To Hire? Understanding The Employer Of Record Model In Malta
As businesses expand globally and seek to hire talent across borders, Employer of Record (EoR) arrangements have become an increasingly popular solution. This article examines how Malta's legal and regulatory framework applies to EoR models, exploring the licensing requirements, employment obligations, and potential risks that both EoR providers and user undertakings must navigate when operating in the Maltese jurisdiction.
Malta Employment
MT
Mamo TCV Advocates
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Labour and Employment

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Contract of Employment

Article
Legal Update: Uniform Bereavement And Marriage Leave Entitlements Across All Sectors
Malta has introduced amendments to the Minimum Special Leave Entitlement Regulations, establishing a uniform minimum entitlement of three working days for both marriage leave and bereavement leave across all employment sectors. This reform addresses historical discrepancies between sectors that previously resulted in inconsistent leave entitlements, with some employees receiving only one day of bereavement leave and two days of marriage leave while others enjoyed more favorable terms under specific Wage Reg
Malta Employment
MT
Mamo TCV Advocates
Article
A New Way To Hire? Understanding The Employer Of Record Model In Malta
As businesses expand globally and seek to hire talent across borders, Employer of Record (EoR) arrangements have become an increasingly popular solution. This article examines how Malta's legal and regulatory framework applies to EoR models, exploring the licensing requirements, employment obligations, and potential risks that both EoR providers and user undertakings must navigate when operating in the Maltese jurisdiction.
Malta Employment
MT
Mamo TCV Advocates
See more

Discrimination, Disability & Sexual Harassment

Article
The Shift In The Burden Of Proof In Employment Discrimination Claims Under Maltese Law
Maltese employment law departs from the ordinary civil rule that claimants must prove their allegations when it comes to discrimination claims. Once an employee establishes facts suggesting discriminatory treatment, the burden shifts to the employer to prove the decision was lawful and non-discriminatory. This article examines the EU origins of this evidential framework, its implementation across multiple Maltese regulations, and how the courts have applied it in practice.
Malta Employment
GA
GVZH Advocates
See more

Retirement, Superannuation & Pensions

Article
Worked Abroad? The CJEU Reaffirms: Your Pension Rights Cross Borders Too
The Court of Justice of the European Union has delivered a preliminary ruling addressing whether pension rights linked to demanding occupations must account for equivalent work completed in other EU Member States. The case examines how Slovakia's social security institution handled an underground miner's cross-border employment history when assessing eligibility for occupational pension advantages, raising fundamental questions about the practical application of EU social security coordination rules.
European Union Employment
GA
Ganado Advocates
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Unfair/ Wrongful Dismissal

Article
Revisiting Disciplinary Proceedings In Employment Law: Are They Still A Requirement For Valid Dismissal?
When can an employer in Malta dismiss an employee without conducting a disciplinary hearing? A recent Industrial Tribunal decision challenges the established norm that procedure always prevails over merits, examining the circumstances under which repeated insubordination and workplace safety violations may justify summary dismissal without formal disciplinary proceedings.
Malta Employment
GA
GVZH Advocates
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