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.
Este artículo es solo para fines informativos y no debe interpretarse como asesoramiento legal.
Artículo escrito por la Sra. Charlene Sciberras, B.A. (Hons), colaboradora invitada, es una especialista en marketing y administración de empresas con un enfoque especial en asuntos corporativos, contables y legales.
Sciberras Advocates, fundado por el Dr. Adrian Sciberras, es un bufete de abogados con sede en Malta. La firma se enorgullece de ser multidisciplinar, innovadora y flexible para adaptarse a los tiempos cambiantes y a cualquier desafío en el panorama legal local e internacional. Sin importar las complejas demandas privadas o corporativas que se requieran, Sciberras Advocates ofrece soluciones legales prácticas y rentables para lograr los resultados deseados. Puede contactar a Sciberras Advocates por teléfono al +35627795222o por correo electrónico en [email protected].
