Today’s article will go through various terms related to the employment scenario in Malta. Please note that the below is basic information.
Maltese Labour Law
The primary legislation for labour law is the Constitution of Malta, the Employment and Industrial Relations Act (EIRA), the Employment Commission Act, the Employment and Training Services Act and EU Regulations and Directives.
An employment contract is obligatory for each employment, where a person binds him/herself to render service to, or to do work for, an employer in return of wages. Even a verbal agreement between an employee and an employer is valid and is enforceable by law. When an employment contract is drafted, it ensures that employees have all their rights safeguarded, such as the right to work in a safe workplace, that at least the national minimum wage is paid, gender equality, vacation leave, and that no discrimination will take place.
The probation is an established period during which the employee is assessed by the employer on suitability for the job and the employee decides whether he/she wants to continue the employment in that job. During probation either party may terminate the employment without assigning any reason, provided that one week notice is given if the employment has exceeded one month. The whole probationary period is payable with the rate of wage agreed.
For 2022 the national minimum wage per week of a full-time employee is €182.83. On a yearly basis, the cost-of-living increase issued by the government is obligatory. A full-time employee is entitled to the full increase, while a part-time employee is entitled to it in proportion to the hours worked.
The standard normal hours of work for a full-time employment (excluding overtime) are based on 40 hours a week. However, working hours can vary according to the sector of industry. An employer can ask an employee to work more than an average of 48 hours per week but in such a case, a written consent is required from the employee.
Every employee with a 40-hour working week is entitled to paid annual leave of 192 hours. There are various other leave such as: Bereavement leave, birth leave, court witness leave, injury leave, jury service leave, marriage leave, maternity leave, parental leave, sick leave, urgent family leave and others.
When terminating employment with an indefinite contract notice needs to be given prior to the termination of employment. Notice is calculated on the employee’s continuous length of service, as follows:
- For more than one month but not more than six months – one week
- For more than six months but not more than two years – two weeks
- For more than two years but not more than four years – four weeks
- For more than four years but not more than seven years – eight weeks
- For more than seven years, an additional 1 week for every subsequent year of service or part thereof up to a maximum of twelve weeks
- For such longer periods as may be agreed by the employer and employee in the case of technical, administrative, executive or managerial posts.
The employer may only terminate a contract of employment based on a ‘good and sufficient’ cause, redundancy, or the employee reaching retirement age. The following are a few example scenarios that are not considered to be ‘good and sufficient’ causes: Getting married, going on maternity, becoming a member of a trade union, joining religious groups, the employer no longer having the confidence of the employee, disclosing information to a public regulating body regarding alleged illegal activities being committed by the employer.
If you are in any type of situation where you require legal advice, our lawyers at Sciberras Advocates will be able to assist you with any employment issues. For more information, please visit here or contact us directly.
If on the other hand, you are currently looking for a career change, please visit iTalent PLUS, a licensed HR Consultancy & Recruitment Agency Services Agency in Malta.
This article is for information purposes only and should not be construed as legal advice.
Article written by Ms Charlene Sciberras, B.A. (Hons), guest writer, a marketing and business administration specialist with a special focus on corporate, accounting, and legal matters.
Sciberras Advocates founded by Dr Adrian Sciberras, is a law firm based in Malta. The firm prides itself to be multi-disciplinary, innovative and flexible in order to meet the changing times and any challenges in the local and international legal scenario. No matter what private or corporate complex demands are called for, Sciberras Advocates offers practical and cost-effective legal solutions to achieve your desired results. You may reach Sciberras Advocates by phone on +35627795222 or via email on [email protected].