Mergers and acquisitions (M&A) encompass a legal practice area focused on consolidating businesses, involving the combination of two or more companies through various legal operations such as mergers, asset purchases, hostile takeovers, and other related activities.

The significance of M&A has grown considerably as numerous companies strive to achieve business growth and market diversification. By consolidating companies and assets, M&A endeavors aim to stimulate growth, gain competitive advantages, and expand market share.

While financial implications often come to mind when discussing M&A, the legal aspects are equally crucial. Throughout the acquisition or merger process, different legal issues may arise at different stages. Therefore, it is imperative to have adequate legal guidance when embarking on an M&A journey.

The complexity and sophistication of the legal operations involved in M&A deals vary depending on factors such as the deal’s size and the industries involved. The legal aspects of an M&A process typically encompass considerations such as deal structure, non-compete clauses, due diligence, representations (tax, compliance), and conditions.

During the initial stages of an M&A transaction, financial and legal advisors work together to identify any potential financial or legal incidents that may impact the transaction during the due diligence phase. These findings serve as the basis for discussions regarding the M&A deal. Once this phase is concluded, legal advisors proceed to prepare contracts and initiate negotiations. As the contracts are finalised, the M&A deal moves towards its completion.

Some of the key services related to M&A by Sciberras Advocates include:

• Due diligence and legal opinions
• Advising on all legal and tax aspects of transactions
• Drafting and negotiating transaction documents
• Making all required statutory filings

Thanks to the combined expertise of accountancy, financial transactions, corporate business experience and the law, Sciberras Advocates offers expert guidance on a variety of legal and commercial matters. For more information on M&A please visit: https://sciberras.legal/practice-areas/mergers-acquisitions/.

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, is 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].

Local companies are reaching to the rest of the world to find new employees. International workers are crucial to Malta’s economy and workforce. As a small island nation with limited resources and a population of over 500,000, Malta’s economy heavily relies on foreign investment, tourism, and international trade. The country’s thriving tourism and other industries require a substantial number of international workers to sustain and grow.

Moreover, the Maltese government has been actively promoting the country as an attractive destination for foreign workers and businesses. The government has implemented various measures to attract international talent, such as tax incentives, startup residency programmes, promising work permit regulations, and streamlined immigration processes.

In recent years, Malta has seen an increase in international workers, especially in the technology, financial, and gaming sectors. Over and above, there is also a big number of individuals relocating to Malta as manual workers, normally being Third Country Nationals (TCNs). Manual workers are individuals who perform physical labour or manual tasks that require strength, skill, and sometimes specialised training. These jobs typically involve using tools, machinery, or equipment to construct, repair, or maintain various structures, such as construction workers, electricians, plumbers, mechanics, factory workers, warehouse workers, delivery persons, nurses, and carers, among others.

Manual workers play an important role in many sectors of the economy of Malta. The influx of international workers has also contributed to Malta’s cultural diversity, which has brought a positive and a negative impact on locals. International workers bring a variety of skills, experiences, and perspectives that can help local businesses expand globally, foster innovation, and create new opportunities for growth. Overall, international workers play a crucial role in Malta’s economy and society, contributing to the country’s growth, development, and diversity.

If you are an employer in Malta looking to hire TCNs, it is important to note that they require a Single Work Permit to be able to work and reside in the country. Once a TCN has accepted a job offer in Malta, they will need to apply for a Single Work Permit and provide the necessary documents. Once the application is accepted in principle, the individual will need to apply for a Visa at the nearest Consulate or Embassy. When the Visa is granted, they can travel to Malta to begin working in Malta. Upon arrival, they will need to finalise the Single Work Permit process and apply for a Maltese Residence Card. It’s good to know that most of the processes are dependent on the employer.

Our team at Sciberras Advocates is experienced in assisting employers with obtaining Single Work Permits, Visas, and Residence Cards for your new employees. We can handle all the paperwork and ensure that the process goes smoothly. If there are any rejections, we can also handle appeals directly with our firm. If your business requires assistance with work permit documentation in Malta do not hesitate to contact us. We are here to handle all your paperwork and ensure that the process is stress-free.

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, is 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].

Sciberras Advocates, together with Belgravia Advisory have recently achieved a successful joint appeal on behalf of a Bangladeshi National who had been legally residing and working in Malta for many years together with his wife and child born in Malta.

The employer had shifted the contract of our client with another employer in what should have been a continuation of the current employment, however in line with JobsPlus rules, there was a request to change the single permit from the former to the latter employer.

The first employer however back-dated the termination putting the appellant, our client, in an undesirable position as it was beyond the 10-day grace period granted by the Identity Malta Agency to Third Country Nationals (TCNs). Consequently, the work permit was refused, prompting the client to seek assistance from Belgravia Advisory an Sciberras Advocates.

As immigration lawyers in Malta, we evaluated the case with the client and presented various legal arguments to support our appeal for our client’s regularisation in Malta. After presenting evidence and documents, as well as a timeline of events, the Immigration Appeals Board decided the case in our client’s favour, allowing him to apply for a new single permit and continue living in Malta. Today our client has successfully received his new residence card issued on behalf of his employer, without having to exit or travel outside Malta. 

This achievement serves as another successful outcome for both our client and both law firms.

In Malta, TCNs who wish to change their employer must obtain a new work permit from the Identity Malta Agency. Under the current regulations, TCNs are allowed a 10-day grace period to apply for a new work permit before their current permit expires.

If a TCN fails to submit a new work permit application within the 10-day grace period, the permit is considered lapsed, and the individual will be required to leave Malta immediately. Furthermore, the individual may be prevented from re-entering Malta for a specified period.

It’s worth noting that the 10-day grace period is a strict requirement, and the Identity Malta Agency does not have the authority to extend it. Therefore, it is crucial for TCNs to submit their new work permit applications within the specified timeframe to avoid complications. In case a TCN misses the deadline, seeking assistance from an immigration lawyer may help salvage the application before it is refused or file an appeal on the refusal decision and explore any alternative legal options available.

If you require similar assistance, please do not hesitate to contact us here at Sciberras Advocates. Regardless of the specifics of your case, we can evaluate your situation and offer support.

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, is 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].

After the UK’s departure from the European Union, known as BREXIT, UK citizens and their families who were residing in Malta could continue to do so, provided they met the conditions outlined in the Withdrawal Agreement and national laws set by the Maltese government through a legal notice. The transition period ended on the 31^st December 2020, but due to COVID-19 travel restrictions, the application period was extended until the 30^th June 2021.

UK nationals who had been residing in Malta based on their status as EU nationals had the right to continue living in Malta and traveling in and out of the country after the transition period ended. The Withdrawal Agreement also extended these rights to family members, subject to certain conditions.

UK nationals who are eligible for beneficiary status under the Withdrawal Agreement and national legislation have been issued a residence document valid for ten years, which can be renewed automatically on application, provided that they continue to meet the necessary conditions. UK nationals apart from the right to take up employment, they are also allowed to carry out self employed activity.

However, we still see too many issues with British nationals who used to live in Malta prior to BREXIT and did not yet regularise their position or have been slapped with bans due to overstay when they travelled out of Malta. If this is the case for you, Sciberras Advocates can assist with regularising your position in Malta to continue residing here through legal advice, applications and travel ban appeals in Malta.

It’s good to know that for those UK nationals who were not residing in Malta before the end of the transition period, they can still apply for residence permits available to non-EU nationals. Depending on the circumstances, they may be able to obtain a residence permit for up to ten years. Each application is reviewed on its own merits, and applicants are responsible for providing the necessary documentation to support their claim. Sciberras Advocates can assist with such residence permits 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, is 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].

Sciberras Advocates has recently won an appeal on behalf of a client. Our client had been residing and working legally in Malta for many years. In 2021 he submitted a change of employer as he wanted to change jobs, however he was late with the submission. It was submitted beyond the 10-day grace period which Identity Malta Agency give to Third Country Nationals. Following the work permit refusal, the client reached out to Sciberras Advocates for assistance.

As immigration lawyers in Malta, after assessing the case with the clients, we filed an appeal using different legal arguments on how and why our client should be granted another opportunity and allowed to regularise his positions in Malta. At the sitting, following the evidence and documents produced, timeline of events and the Court of Appeals considerations, the Immigration Appeals Boards accepted the appeal and allowed our client to apply for a new work permit to continue living here in Malta with his family.

The IAB ordered Identity Malta Agency to process the appellant’s application within three weeks from the date of judgement. The Board also requested that once appellant’s single work permit is issued, appellant is to notify the Principal Immigration Officer with an authenticated copy of the residence permit.

This is another success story for our client and Sciberras Advocates. If you are in a similar situation, we can help you… Regardless of the nature of your case, contact us to assess your situation. For more info please also refer to our dedicated webpage on immigration services in Malta by Sciberras Advocates.

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, is 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].

Malta has been attracting digital nomads for many years due to it being a multi-cultural, sunny and cosmopolitan island in the heart of the Mediterranean. Officially, Malta started welcoming digital nomads through the Nomad Residence Permit in 2021.

In between the island life vibes, English language, flight connectivity, arts, history and culture, Malta ticks many boxes for digital nomads. So as long as one has a flexible career and can work remotely from anywhere in the world, digital nomads are choosing Malta to get their Nomad Residence Permit.

The Malta Nomad Residence Permit is open to individuals who can work remotely and independent of location, meaning they are not tied to a specific desk. The Nomad Residence Permit enables holders to retain their current employment based in another country whilst legally residing in Malta for up to a year, with the opportunity to renew if the applicants meet the eligibility criteria. Applicants must prove they can work remotely, either for an employer or as a freelancer and earn at least €32,400 gross of tax a year (updated to €42,000 as from 1st April 2024).

The Nomad Residence Permit in Malta is of particular interest as it is open to individuals from third countries, who would normally (but not necessarily) require a Visa to travel to Malta. To note is that to facilitate the process, third-country nationals who require a Visa to enter Malta, may apply for a Premium Visa offered by Identity Malta Agency, at an additional charge.

As a digital nomad to apply for the Nomad Residence Permit in Malta you will need:

• A valid travel document
• Proof of income
• Agreements showing current engagement of employment outside of Malta
• Health insurance covering risks in Malta
• Proof of accommodation

If you want to migrate to Malta as a digital nomad, you will join a global community already present on the island. For more information and to seek assistance in applying for the Nomad Residence Permit in Malta, please contact Ms Charlene Sciberras on [email protected].

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, is 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].

Employers in Malta are reaching to the rest of the world to find new employees. This opens recruitment to a larger global pool and offers a lot of opportunities to everyone. However, this scenario has brought several scams and rackets in Malta.

There are a number of employers and agencies that are not reputable, and this has brought a lot of reputational damage for the Maltese islands and caused a lot of financial problems for Third Country Nationals who fork out a lot money in exchange to get a job in Malta when in reality there is no job awaiting for them and they receive a fake work permit approval. These scams are ripping off prospective workers, genuine individuals who want to relocate for a better life.

When applying for a job in Malta, one needs to check about the reputation of the employer and the agencies one is dealing with. If this employer or recruitment agency is asking you for thousands of euros to provide you with a job application and a work permit, this is a huge red flag, and it should not be entertained.

Sciberras Advocates is a law firm specialised in immigration and employment law. Through our experiences we have seen many unfortunate scenarios in the immigration and employment sectors in Malta. We urge all prospective Third Country Nationals that are looking to relocate to Malta on a Single Work Permit basis to ensure that their new employer or recruitment agency is reputable and is not asking for any money. As part of our work, we also do Single Work Permit refusal appeals and Visa applications appeals with the Immigration Appeals Board. If you require more information about such appeals, we invite to visit our page here or our YouTube account here. 

If on the other hand, you are an employer, and found a Third Country National that has accepted your vacancy in Malta, we can assist you in handling all the necessary applications forms and guide you through the process. For more info, please follow the link here.

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, is 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].

Last year we tackled the employment scenario in Malta through various used in employment in Malta. This article will go further beyond by explaining some other terms which are important in relation to employment in Malta.

Employment Contract

Employment contracts can be indefinite or definite.

Indefinite: the employee is engaged in employment for an indefinite period, meaning it does not include a termination date. An indefinite contract of employment cannot be changed into a definite contract of employment.

Definite: the employer and employee agree on its duration, meaning such contract includes a termination date. A fixed term contract can be renewed up to a maximum period of four years, after which the employee shall be on an indefinite contract.

Termination during Probation

The first six months of employment are the probation period. During probation either party may terminate the employment without justification, provided that a week’s notice is given when the employment has exceeded one month. However, in the case of a pregnant employee, the employer is obliged to give the employee reasons in writing to justify the dismissal so long as they are unrelated to the employee’s condition.

Wages and Payslips

Wages should be paid at regular intervals, not exceeding 4 weeks in arrears. Employers must give their employees an itemised payslip, either before or on the date when the wages are due. A complaint can be lodged at the Department of Industrial and Employment Relations (DEIR) if the employer fails to pay the employee the wages due and if the employer fails to provide the payslip due.

Wage Deductions

An employer is not allowed to make deductions from the employee’s wage, except where permitted by law or by an order of a court. The employer can impose fines on the employees only if it is agreed in a collective agreement or specified in a contract of employment or written statement and authorised by the Director of Industrial and Employment Relations.

Overtime

The employer can oblige an employee to work overtime, provided:

(1)          the total hours of work do not exceed on average 48 hours a week.

(2)          the employee has consented in writing to work more than the weekly average.

However, such a consent can be withdrawn by the employee, provided that a written notice of at least 7 days or a longer period of maximum 3 months as may be agreed, is given to the employer. Employees do not have to work overtime especially during pregnancy and for a period of 12 months from the birth of the child or from the date of a child’s adoption.

Overtime Rates

Most sectors have their overtime rate regulated by the respective Wage Regulation Order (WRO).

Employees whose overtime rate is not covered by this shall be paid one and a half (1.5) times the normal rate for each hour worked in excess of the 40 hours per week.

Rest Periods

Where the working day is longer than six hours, an employee is entitled to not less than 15 minutes of rest, unless a longer period of rest is provided by another agreement. This rest period is not considered as working time.

Sick Leave

The amount of sick leave varies according to each industry-specific sector and is stipulated in the relevant WRO that regulates each specific sector of industry. In the case of a sector not covered by a WRO, an employee is entitled to two working weeks of sick leave annually, calculated in hours.

Public Holiday

When a public holiday falls on any day of the week that the full-time employee is not scheduled to work on such day as part of the normal weekly roster, the equivalent in hours of one working day is to be added to the employee’s vacation leave entitlement. In the case of part-time employees and full-time employees working reduced hours, the equivalent in hours of one day pro rata is to be added.

Maternity Leave

A pregnant employee may take an uninterrupted period of eighteen (18) weeks maternity leave as follow: First fourteen (14) weeks with full wages paid by the employer and the remaining four (4) weeks which are not paid by the employer. However, the employee must apply for the Maternity Leave Benefit to which she is entitled in terms of the Social Security Act. On termination of maternity leave, the employee has the right to resume work in the post formerly occupied before the start of the maternity leave, and if such a post is no longer available, to a similar post.

If you have difficulty or concerns about a particular situation in your employment you may reach out for guidance to the DIER, or alternatively reach out for a legal consultation.

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, is 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].

Notification: Schengen Visa Holders

What happens if one overstays on the Schengen Visa? There are a lot of consequences for overstaying in the Schengen Area and it’s good to know that an overstay never goes unnoticed and whether the overstay is intentional or not, it is always punished by either a fine, immediate deportation and getting banned from entering the Schengen Zone for a specific amount of time. You are not allowed to overstay the 90 days amount of permitted stay per 180 days, and this is valid on any type of visa, whether it is a student visa or a work-related visa.

90/180 Schengen Visa Rule

Under the terms of Schengen, non-EEA nationals cannot spend more than a total of 90 days within a total period of 180 days without a visa. Furthermore, once you’ve used up your quota of 90 days, you cannot return to Schengen until 90 more days have passed. Many people overstay because they think that visa validity and duration of stay are the same. While visa validity is the date from which to which the visa holder is permitted to enter the Schengen Area, the duration of stay is the number of days that he or she can spend within that period.

If you overstay in the Schengen Area, you risk:

• Deportation
• Difficulties coming back to Schengen
• Fines
• Ban from Schengen Area

If you received a return order to go back to your country, you have the right to appeal this decision with the Immigration Appeals Board within three days of the notification of such decision. The right to appeal is also stated in Article 25A(5) of Chapter 217. Sciberras Advocates specialises on immigration law, including appeals on removal and return orders, with the Immigration Appeals Board. For assistance contact directly Dr Adrian Sciberras on [email protected].  

This article is for information purposes only and should not be construed as legal advice.

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].

Employment Law Subsidiary Legislation 452.127

In October of last year, Legal Notice 268 of 2022 within the Employment Law – Subsidiary Legislation 452.127 was introduced, and this law will come into force shortly. The title of this order is the Digital Platform Delivery Wages Council Wage Regulation Order. This law relates to those providing paid services by delivering any consumer product, such as food delivery couriers and other digital platform workers, and it holds an emphasises on access to labour and social protection rights, and increased transparency and predictability in employee working conditions.

Through this revamped legislative framework, these workers will be guaranteed a fixed salary and will be covered on any statutory bonuses, overtime and sick leave.

The subsidiary legislation defines:

• ‘digital labour platform’ (DLP) as any natural or legal person providing a commercial service by allowing the delivery of any product meeting the following requirements:
  • provided at a distance through electronic means via a website or mobile application;
  • provided at the request of the service recipient;
  • involves as a necessary and essential component, the organisation of work performed by persons, including but not limited to food couriers through the use of vehicle transportation
• ‘digital platform work’ refers to any work organised through a DLP and performed in Malta by a person according to a contractual relationship between the DLP the person OR between the work agency and the person, in both cases irrespective of whether a contractual relationship exists between the person and the service recipient.
• The term ‘employer’ now comprises also of DLP and work agencies unless otherwise expressly provided or as the context requires
• ‘platform worker’ refers to:
  • any person performing digital platform work who has entered into a contract of employment, an employment relationship or any other arrangement irrespective of the contractual designation with any DLP or multiple DLPs, whether on a regular or an irregular basis, to provide delivery services of any product; and
  • any person performing digital platform work who has entered into a contract of employment, an employment relationship or any other arrangement irrespective of the contractual designation with a work agency and who is assigned to or placed at the disposal of, whether on a regular or irregular basis, any DLP platform or multiple DLPs  to provide delivery services of any product.
• ‘work agency’ is any natural or legal person who enters into employment contracts, employment relationships or any other arrangement irrespective of the contractual designation with platform workers which are assigned to or placed at the disposal of, whether on a regular or irregular basis, any DLP or multiple DLPs, to provide delivery services of any product, whether such activity is the main activity or an ancillary activity of the work agency or otherwise.

The Digital Platform Delivery Wages Order confirms the commitment of the Government of Malta to tackle precarious work by ensuring the establishment of the minimum standards of working conditions which guarantee the quality of life of such workers. At Sciberras Advocates, we are able to handle any issues pertaining to employment and labour law, recognising the importance of this sector in business.

This article is for information purposes only and should not be construed as legal advice.

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].