In this blog post you can read some Frequently Asked Questions about immigration for Third-Country Nationals (TCNs) who would like to relocate to Malta for work. Malta as a country and economy has exceeded it’s expectations in the past ten years and there has been an increasing demand for foreign workers to fill the lack of local workforce.

How can one find work in Malta?

There are many reputable companies who need constant workers, most of these being in the catering and hospitality industry, as well as in the construction and manual work sectors. There are also a number of service industries that require skilled people such as doctors, nurses, accountants, clerical positions and similar professions. If you are a qualified individual you need to ensure that your qualifications meet the right standards.

How can I apply for work in Malta?

The procedure to apply for work in Malta for TCNs is called the Single Work Permit application. You need to either apply through the company that will employ you or through a reputable agency. When applying with an agency make sure to understand if you are going to work with this agency directly and be subcontracted, or whether you will be employed directly with a specific company.

What is the procedure to apply for the Single Work Permit?

The employer/agency will apply for you on a still abroad basis. The application is straightforward and you need to follow the form and attach relevant document. Normally the employer will prepare this information form and submit to obtain an Approval in Principle letter.

What is the next step?

Your next step is to apply for a Visa in order to travel to Malta and start your employment. This application is normally split into two phases: paperwork submission and interview. Each Consulate or Embassy have their own requirements to apply for a working Visa in Malta.

What happens when I arrive in Malta?

Once in Malta, you need to fulfil the final steps to complete the conditions of your work permit application and obtain the Maltese Residence Card. The work permit and residence card will be valid for one year. It is important that during the first weeks in Malta and beyond you ensure that:

1. You are correctly registered with Jobsplus
2. You are getting a payslip every month
3. You ensure that your National Insurance contributions are being paid by your employer
4. You are getting the correct amount of leave and overtime rates
5. You are being given an FS3 (your annual statement of earnings)
6. You are not terminated without being informed or given advance notice to find a new job.

What about renewal after one year?

At the tenth month of your stay, you will need to prepare the paperwork for the renewal of your work permit. This process is not complicated however it is important to be done on time as often residence card permits are rescidended on administrative manners by way of oversight.

Sciberras Advocates work practice is limited to appeals at the Immigration Appeals Board or written requests to Principal Immigration Officer to overturn bans and challenge removal orders. More information about immigration services can be found here: https://sciberras.legal/practice-areas/immigration-law/ or contact us directly to speak to one of our immigration lawyers.

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].

On the 7^th of April 2022 in Court of Magistrates as a Court of Criminal Judicature presided by Magistrate Dr Victor G Axiak in the case of Local Enforcement Systems Agency (LESA) vs Roberto Pestana de Faria awarded a judgement in favour of our client (the appellant) with reference to a contravention regarding e-kick scooters. Mr Pestana was assisted by Dr Adrian Sciberras from Sciberras Advocates and by the experienced Dr Jonathan de Maria of De Maria Law.

The case revolved around the issuing of contraventions of e-kick scooters which the appellant was contesting that they were illegally issued from the LESA. Although several pleas were raised by the defence team, the magistrate did consider particularly that as per Subsidiary Legislation 368.02 (Registration and Licensing of Motor Vehicles Regulations) “owner” means the person, whether as an individual or in representation of a company, partnership, or cooperative society, in whose name a motor vehicle is registered and licensed.

During the oral sitting, it was clarified in court that the appellant should have been issued the contravention on the company’s name since he was the director of the company, and it was the company with a separate distinct personality that owned the e-kick scooter and not himself personally.

To clarify further, the judgement refers further to the Interpretation Act (Chapter 249 of the Laws of Malta) Article 13: Where  any  offence  under  or  against  any  provision contained in any Act, whether passed before or after this Act, is committed by a body or other association of persons, be it corporate or unincorporate, every person who, at the time of the commission of the offence, was a director, manager, secretary or other similar officer of such body or association, or was purporting to act in any such capacity, shall be guilty of that offence unless he proves that the offence was committed without his knowledge and that he exercised all due diligence to prevent the commission of the offence… and explains that the appellant should have been charged in his capacity as representative of the company and not himself personally.

Furthermore, even if the appellant would be charged on behalf of the company, LESA should still be responsible to prove that the accused is in fact a representative of the said company and this by exhibiting documentary evidence from the Malta Business Registry. This is because although the defendant is listed in the logbook as the natural person representing the owner, it may be the case that the defendant is no longer associated with the same company and was not its representative at the time of the alleged offense.

Further quoting extracts from the final part of the judgement: That for all intents and purposes it is also stated that while the Micromobility Regulations (which incidentally the legislator liked to enact in the law twice, under Subsidiary Legislation 65.32 and under Subsidiary Legislation 499.67) provide for issuing an operator’s license “on behalf of a natural person authorized to represent the undertaking”, such a license differs from the registration license governed by law under Subsidiary Legislation 368.02 and in fact only an enterprise provides e-kick scooter sharing services.

For this reason, the Court upheld the appellant’s ground of appeal and acquitted the defendant of any guilt and punishment and felt there was no need to continue to examine the appellant’s other grounds of appeal. 

This judgement is interesting because even though the appellant’s business is the hire of e-kick scooters, this judgement can be interpreted as applicable for all motor vehicle categories and stir up a hornets’ nest to the many thousands of contraveners who paid fines that were incorrectly summoned by LESA. It is advisable that LESA updates its practices when issuing summons and it is also interesting to see whether the Justice Commissioners will take cognizance of this judgement.

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

Article written by Dr Adrian Sciberras, FCCA, MIA, CPA, LL.B. (Hons) (Melit.), M. Adv (Melit.), Advocate and Certified Public Accountant is the founder of Sciberras Advocates.

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].

Debt recovery is not easy, so if you are unable to recover what is due to you, you will need to resort to legal remedies. There is an expedited legal procedure to recover debts, that is you have an option of filing a judicial letter as per Article 166A of the Code of Organization and Civil Procedure from Chapter 12 of the Laws of Malta.

The letter 166A is a judicial letter issued through the Courts of Malta that give the debtor 30 days to respond to it. If the debtor ignores it and fails to answer such letter, this letter will become an executive title, meaning that the sworn content of the letter, being the money due for services rendered or for goods that have been delivered, will have the same effect as it were a final judgement, making the debtor legally obliged to settle the dues. After that, the creditor is allowed to issue warrants and garnishees to collect his dues.

However, if the debtor answers by denying or rejecting the claim, then this cannot become an executive title, and if one wants to recover the debts, the creditor must then file a case before the court. It’s important to note that to file the judicial letter 166A, the debt must be below the sum of €25,000 or if in excess, the creditor can lower his claim and forfeit the difference.

This legal instrument is very strong as it is cost effective and allows the creditor to get an enforceable judicial title within 30 days avoiding lengthy court procedures. However, there are also cautions against misuses such as the letter must be confirmed on oath and on the judicial letter itself, one must clearly inform the debtor of the rights to oppose it. 

It is in the best interest of all parties that debts are sorted out of court to avoid inconveniences, delays in court and hefty legal fees. Sciberras Advocates can assist you in your debt recovery process by starting with a legal letter requesting dues from the debtors and eventually filing a letter 166A at the court if the first legal try is unsuccessful.

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].

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.

Employment Contract

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.

Probation Period

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.

Wages

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.

Working Hours

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.

Leave

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.

Notice Period

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.

Unfair Dismissal

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].

If you are familiar with any of the below scenarios, then you must also know that you have the right to appeal with Immigration Appeals Board as per below notifications:

• If your Single Permit Application was refused, you have a right to appeal this decision with the Immigration Appeals Board within three days of the notification of such decision in accordance with Article 20(2) of Subsidiary Legislation 217.17.
• If your Visa Application was refused, annulled or revoked by Maltese authorities, you have the right to appeal this decision with the Immigration Appeals Board within fifteen days of the notification of such decision as per Article 25A(5) of Chapter 217.
• 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.

Keeping proper documentation is of utmost importance in the case of appeals, as one would need to show proof of various circumstances such as justification for intended stay, proof of job skills for Single Permit Applications, proof of work, accommodation, and medical insurance for Visa approvals and so on and so forth.

Immigration, work permits, Visa refusals and appeals in Malta are delicate matters that need to be seen immediately since the right to appeal varies from just few days up to maximum of two weeks from receipt of these notifications. Our immigration lawyers are aware of this and have great experience and expertise within the immigration law in Malta and all the necessary processes. They work closely with the Immigration Appeals Board in Malta to assist you with appeals on removal and return orders.

For more info visit here: https://sciberras.legal/practice-areas/immigration-law/

If you require immediate assistance, please contact one of our immigration lawyers in Malta 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, 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].

In recent months, Malta has legalised recreational cannabis for personal use. This law now allows the formation of cannabis clubs (or cannabis associations) in Malta. These associations will be monitored by the newly formed regulatory authority being the Responsible Use of Cannabis Authority. Such associations which will be non-profit organisations, will have as their aim the cultivation of cannabis to be distributed among its members.

Currently the Responsible Use of Cannabis Authority is drafting the official guidelines for the cannabis clubs. Meanwhile, in this article today we are giving some unofficial information about such cannabis clubs (or cannabis associations) and their memberships in Malta. This is what we know so far.

• Cannabis clubs must register with the new Responsible Use of Cannabis Authority.
• Cannabis clubs must file a report every three months with this authority.
• Cannabis club membership lists will remain anonymous.
• Cannabis clubs will be able to grow cannabis in the same facilities as their club location.
• Cannabis clubs will also eventually be able to grow cannabis in a different location from where the club is registered.
• Cannabis club premises must be located at least 250 meters away from schools or youth centres.
• Cannabis clubs can issue a maximum of seven grams per member-per day, as long as the total of grams distributed does not exceed 50 grams per-member per-month.
• Cannabis clubs can de-register members who are not active.
• Cannabis clubs will be monitored by a software and must send data to the authority.
• Cannabis clubs must not exceed five hundred members.
• Cannabis clubs will not be open for public, but only for members.
• Cannabis clubs will not be a meeting place for smoking or drinking.
• Cannabis clubs cannot distribute joints or any other weed products such as cookies or cupcakes.
• Cannabis club members must be over 18 of years of age.
• Cannabis club members will be able to purchase weed (leaves or compressed) and collect it.
• Cannabis club members must be in possession of a Maltese ID or residence card.
• Cannabis club members will not be allowed to join more than one cannabis association at the same time.

Please note once again that this is not yet official information since the guidelines are not yet issued from the authority. 

If you are interested in opening a cannabis club or cannabis association, please contact our lawyer in Malta on [email protected]. Once the guidelines are issued, we will be able to assist you in setting up the Malta cannabis club or Malta cannabis association.

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].

The main legislation in Malta that are focused on employment are Chapter 452 – Employment and Industrial Relations Act (EIRA) and Chapter 343 – Employment and Training Services Act. At the same time, the Department for Industrial and Employment Relations (DIER) is there to protect the interests of parties in employment contracts while actively promoting a healthy employment relationship in a spirit of social partnership, and to contribute towards stable industrial relations.

The local authorities in Malta also work alongside with the EU Employment law framework and other international labour organisations to ensure a good working relationship between employers and employees to know their relevant rights and obligations.

When an employment contract is drafted, it ensures that employees have all their rights safeguarded thanks to the statutory conditions of employment. These include 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.

If the legally binding contract is breached by any of the parties, meaning that either the employer or employee breaks one of the terms, a legal action is required to take place. Then there is also unfair dismissal. Dismissal and the rights and obligations of the respective parties are matters subject to strict regulation under the Maltese law. 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
• 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.

In case of disputes, if the Tribunal reaches the conclusion that employment was terminated without a ‘good and sufficient’ cause, the employee may seek to either be reinstatement or ask for compensation. If any of these unfair dismissals sounds familiar to you, we invite you to contact our office for assistance. Our team will help you fight for your rights and compensations. Please contact us 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, 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].

One sector that is often forgotten is the security of your brand, product or company. It is important to realise that one day your business can become the most valuable asset for you, and the best way to protect it is to have a registered trademark. Many aspects for your brand can be protected by trademarking. In brief, trademarks matter for the following reasons.

Registered trademarks:

• increase your freedom to operate.
• establish the legal ownership of the brand.
• save money in the long run, in case of conflicts with other businesses
• increase the value of your brand
• means serious business
• the ® symbol is good for marketing purposes

The Malta Trademarks Act 2000 identifies that a “trademark may, in particular, consist of words (including personal names), figurative element, letters, numerals or the shape of good of their packaging”. This or a combination of these elements will help one to distinguish a specific business, goods or services. Furthermore, since Malta is an EU member state, local businesses can also opt for a trademark protection that covers on an EU level, referred to as European Union Trade Mark (EUTM).  

Generally, a trademark application takes around 8 months from application date to be processed for vetting purposes. Keeping this lengthy process in mind, it is imperative to plan ahead, and it is suggested to seek professional guidance throughout the application process to make sure that all requested information and paperwork is submitted successfully. Once an application is approved, the proprietor will acquire exclusive property rights on the trademark.

At Sciberras Advocates, we can assist in all services related to trademarking such as submitting applications and renewals, litigation, arbitration or negotiation of legal rights as well as TM portfolio planning and restructuring. More info here: https://sciberras.legal/practice-areas/malta-eu-trademarks/.

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].

In commercial circles one finds use of the term trader. This notion is defined in Article 4 of the Maltese Commercial Code as being “any person who, by profession, exercises acts of trade in his own name, and includes any commercial partnership”.

If one, whether a physical person or a commercial partnership, falls under this definition of a trader, then as a trader they are subject to specific duties and obligations, as well as entitled to several rights. Interestingly, a commercial partnership may only be considered as a trader at the moment that it registers to be so with the Malta Business Registry. On the other hand, the physical person is considered a trader when he acts as such.

It is essential that the person carries out any of the objective acts of trade, listed in Articles 5 and 6 of the Commercial Code, with the intention of making a profit. These acts of trade must be carried out in a habitual manner as the element of repetition is key in distinguishing between a trader and a non-trader carrying out a random act of trade. The frequency of such repetition depends on the type of act of trade being carried out, more specifically whether the object concerned is a movable or an immovable.

In carrying out the acts of trade in his own name, the trader is clearly accepting the responsibility pertaining to such acts. However, the law allows for other persons, whom are auxiliary to the trader, to assist the trader. These persons, the agents, carry out acts of trade on behalf of the trader, the principal, without being considered as traders themselves.

Above all, these acts of trade must be carried out ‘by profession’ – meaning that the trader relies on them to make an income. Since the law does not specify otherwise, such acts of trade may be exercised both publicly and privately. In instances where there is doubt as to whether one is a trader, it is up to the Commercial Court to decide so after evaluating the proof brought by the person accusing the trader not to be such.

At Sciberras Advocates we can guide you to the setting up of a sole trader / self-employed business from the legal and commercial perspective by providing you the necessary registration with the VAT and tax authorities and guiding you accordingly.

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

Article written by Ms Chantal Borg, currently reading a Bachelor of Laws (Honours) at University of Malta.

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].