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].

Sciberras Advocates has launched a new Facebook page: TCN Malta. Through this setup, the law firm focused on immigration and employment law, amongst others, wants to create a support group for all Third Country Nationals (TCNs) residing and working in Malta with the aim to raise awareness on common immigration and employment issues in Malta, and assist and support on any immigration and employment matters. 

Third Country Nationals in Malta are individuals who are citizens of countries outside of the European Union (EU), the European Economic Area (EEA), and Switzerland. TCNs who wish to work, reside or study in Malta must obtain the necessary permits and visas before entering the country.

In Malta, Identity Malta Agency (IMA), established in 2013, and which falls under the Ministry for Home Affairs and National Security, is responsible for processing TCN applications for residence and work permits.

TCNs who wish to work in Malta must obtain a Single Permit (employment and residence permit), which is issued by Jobsplus, a public employment service agency. The work permit is issued for a specific job with a specific employer and is valid for the duration of the employment contract but needs to be renewed on a yearly basis with IMA. TCNs who wish to change jobs must obtain a new work permit.

TCNs who wish to study in Malta must obtain a student visa, which is issued by the Maltese embassy or consulate in their home country. The visa is usually issued for the duration of the course of study and can be renewed upon application.

It is important to note that TCNs may also be subject to immigration control and enforcement measures, such as deportation or removal, if they are found to be in breach of their permit conditions or Maltese immigration laws.

The Maltese are generally welcoming to foreigners, however TCNs face a range of difficulties and challenges, particularly when it comes to housing, legal and administrative procedures, language, and other services in Malta.

Overall, as TCNs in Malta face many challenges in obtaining the necessary permits and visas to reside, work or study in this country, and maintain a healthy and decent life in Malta, with proper knowledge, planning and preparation, it is possible to navigate the system successfully, and this is what TCN Malta aims to provide thanks to Sciberras Advocates and associates.

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 date: February 2023

We would like to notify all interested parties in cannabis clubs in Malta that the Authority for the Responsible Use of Cannabis (ARUC) has published the official licensing guidelines for setting up cannabis clubs in Malta.

The cannabis clubs which will be formed in Malta will be known as Cannabis Harm Reduction Associations, and as already indicated previously the cannabis associations will be non-profit making. The sole purpose will be to cultivate and distribute cannabis to adult members only. The full regulations can be read here: https://aruc.mt/licensing-guidelines/.

The applications to form clubs will be available on the 28th February 2023, so we urge all interested parties to contact us after this date on [email protected] or directly to Dr 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].

Background Case

Our client, a Third Country National from Nepal, had relocated to Malta back in 2021 through a Single Work Permit that was granted on a job title of ‘waitress’ with a local restaurant in Malta. The job title and job specifications were written within the Position Description document of Identity Malta Agency as part of the work permit application documents, and this was signed by the director of the restaurant. Our client had moved to Malta and started working as a waitress after obtaining her Maltese residence permit.

Employment Issue

At one point the employer requested our client a change in role, requesting to move into the kitchen and work as a dishwasher, to which, our client refused since her work permit specified the job title of waitress. As our client was not reporting to work due to this issue, the employer decided to terminate her without any notice, meaning that the employer fired her unfairly without even informing her and thus nullifying the work residence permit from the date of termination. Meanwhile, our client had found another job to which she applied; however the Single Work Permit was refused by Identity Malta Agency since she was then found to be in an irregular position due to the fact the her previous employer terminated her without any sort of notice. This meant our client was illegally residing in Malta.

The Result

Client resorted to Sciberras Advocate to regularise her position with immigration. However, upon reviewing the full employment case, our lawyer found that the restaurant owner committed various breaches of employment law by not correctly paying the wages as per Wage Regulations Order and not paying the full National Insurance due. Following various legal efforts and appeals, and thanks to the assistance of the Department For Industrial and Employment Relations (DIER), a settlement was found, and our client obtained the necessary permission to re-apply for a new job again in Malta. A private settlement was also reach with the employer’s lawyer to correct past mistakes in payroll.

This was another successful case for 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].

Sciberras Advocates has designed a simple yet efficient way for an EU national to relocate to Malta on a self-employment basis and obtain the resident permits. If you are an EU national, there are several advantages to settle here in Malta, and these are not only related to tax benefits but include good standard of living, a great network of skilled locals and expats to mingle with, various co-working spaces and more.

Through Sciberras Advocates, the firm can assist you to relocate your self-employment business to Malta. This program is designed for individuals who have working contracts on a freelance basis or self-employment basis and want to choose Malta as their base for invoicing. This setup is open to everyone, but we recommend it to those whose income does not exceed €70,000 per year.

To obtaining residence and self-employment in Malta, all you need is you provide Sciberras Advocates with your passport bio page, your current residence/identity card, and with an address where you will be residing in Malta.

What you will obtain by applying:

•             Jobsplus Registration

•             Social Security Number

•             Tax Number

•             VAT Number

•             VAT Certificate

•             Residence Card Number Application

•             Residence Card

You will need to physically be present in Malta to attend at Identity Malta Agency offices to do the biometrics for the residence card and subsequently for the collection. Our office will assist and guide you through the full process.

After you obtain the card and settle here in Malta, through our tax accountants, we can provide you with assistance to computing VAT returns, pay Social Security Contributions and file income tax returns on a yearly basis, essentially fulfilling all your needs with the Commissioner for Revenue in Malta.

For more information and a quote, do not hesitate to contact us 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].

Notification: New government fees payable to the Immigration Appeals Board

Immigration Amendment Regulations, 2023 – L.N. 1 of 2023

Notification date: January 2023

We would like to notify about an amendment issued to the Immigration Act (CAP. 217), Immigration (Amendment) Regulations, 2023 whereby, Regulation 19 of the principal regulations has been substituted by the following new regulation, having fees payable to the Immigration Appeals Board:

(1)  Any person who feels aggrieved by any decision of  the  Principal  Immigration  Officer  or  by decisions  with  respect  to  the  issuance  of  residence permits, the issuance of visas or matters of carrier liability may appeal to the Board as provided for in article 25A of the Act.

(2)  The fees payable in respect of appeals shall be taxed in accordance with the scales of fees stipulated in the Schedule annexed to these regulations and shall in all cases be levied by the Board.”.

The new fees payable to Registrar of the Immigration Appeals Board are as follows:

• For the filing of an application of an appeal from decisions on the issuance of residence permits – €45
• For the filing of an application of an appeal from decisions on the issuance of visas – €120
• For the filing of an application of an appeal from decisions on matters of carrier liability – €120

If you require our assistance for any type of appeal, please get in touch by email on [email protected] and visit our dedicated webpage for more information or the Immigration FAQs for Third Country Nationals.

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].

Notification date: January 2023

When we submit an appeal application on your behalf, our engagement with you terminates as soon as the application is lodged, and an application reference is received.

The Application reference will be in a format similar as follows:

For Single Permit Appeal: IAB/SP/1234/2023

For VISA Refusal Appeal: IAB/VISA/1234/23

For IPAT Appeal: IPAT1234

If you would like to check the status of your application, you are requested to send an email as follows:

For Single Permit Appeal: [email protected]

For VISA Refusal Appeal: [email protected]

For IPAT Appeal: [email protected]

Or you can personally visit the Appeals offices on Monday/Tuesday/Thursday/Friday between 8am and 12pm, at the following location:

15, 1st Floor, City Gates Building,

Ordinance Street,

Valletta, VLT 1020

(Directions: on top of Burger King, first floor to the right)

Typically appeals take between 6 months to 1 year to get a result, the reason is that the appeal needs to be sent to all the respective stakeholders for their comments after which they are passed on to the Board for their final decision. It is important that you personally go to the Board at least every two months so that you renew your interest in the appeal.

If you would like the office to request an update on your behalf there is a fee chargeable for every update. Should you require this service, please contact us 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].