Malta: Employment and HR

Remote and hybrid work arrangements in Malta carry significant legal implications that extend far beyond operational convenience. Employers must navigate a complex web of employment protections, working-time regulations, data protection requirements, anti-discrimination duties, and cross-border tax considerations. Without proper contractual frameworks and compliance procedures, organizations risk employment claims, discrimination awards, regulatory enforcement action, and unexpected permanent establishment

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

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.