Supporting Employees with Workplace Rights, Claims and Disputes in Malta Employee Support Rights Malta (ESRM) is an employee support initiative administered by Sciberras Advocates, established to provide employees and workers in Malta and Gozo with guidance and legal support when facing workplace disputes, unfair treatment or potential breaches of their employment rights.
Employment problems can have serious financial and personal consequences. Employees may also find it difficult to understand what rights they have, which authority they should approach, what evidence they need to retain and what steps they should take to protect their position.
Through ESRM, Sciberras Advocates assists employees in understanding their rights and evaluating the legal options available to them.
Employment Issues We Can Assist With
ESRM can provide guidance and support in relation to a range of employment matters, including:
- Unfair or unlawful dismissal
- Unpaid wages and outstanding salaries
- Unpaid overtime, bonuses or other employment entitlements
- Workplace discrimination
- Harassment and unfair treatment at work
- Breaches of employment conditions
- Disputes concerning contracts of employment
- Notice periods and termination of employment
- Claims involving working hours, leave and other statutory entitlements
- Employment disputes involving third-country nationals and foreign workers
- Other workplace disputes requiring legal advice or representation
Each employment dispute is different. Our role is to assess the circumstances of the case, explain the applicable rights and procedures, and advise on the most appropriate course of action.
Assistance with DIER Claims and Complaints
The Department of Industrial and Employment Relations (DIER) is responsible for employment conditions and the protection of employment rights in Malta. Employees who believe that their employment rights have been breached may need to raise their concerns with DIER or pursue a claim through the appropriate legal procedure.
ESRM can assist employees in understanding the process, preparing their case, organising relevant documentation and correspondence, and submitting or pursuing employment-related claims where appropriate.
Having a properly documented case can be particularly important. Employment contracts, payslips, timesheets, work schedules, correspondence with an employer and other records may all become relevant when establishing the facts of an employment dispute.
Representation Before the Industrial Tribunal
Certain employment disputes may need to be brought before the Industrial Tribunal in Malta, including claims concerning alleged unfair dismissal and discrimination falling within its jurisdiction.
Sciberras Advocates can advise employees on whether their circumstances may give rise to a claim and provide legal representation throughout Industrial Tribunal proceedings.
This may include reviewing the circumstances leading to the dispute, preparing the case and supporting documentation, making the necessary submissions and representing the employee during proceedings.
Negotiation and Out-of-Court Settlements
Not every workplace dispute needs to result in contested proceedings. Where appropriate, ESRM and Sciberras Advocates can engage with employers or their representatives with a view to reaching an amicable settlement.
Negotiation may provide an opportunity to resolve a dispute more efficiently while seeking an outcome that adequately protects the employee’s interests. Whether settlement is appropriate will depend on the individual circumstances and merits of the case.
Employment Rights for Foreign Workers in Malta
Employment rights in Malta are not limited to Maltese workers. Foreign nationals working in Malta may also benefit from protections under Maltese employment legislation.
For third-country nationals in particular, employment disputes can sometimes overlap with immigration and residence matters. Losing or changing employment may have implications beyond the employment relationship itself.
As Sciberras Advocates practises in both Employment Law and Immigration Law, we are able to consider these interconnected issues and advise foreign workers on the potential implications of an employment dispute for their wider legal position in Malta.
When Should You Seek Employment Law Advice?
Employees should consider seeking advice as early as possible when they believe their employment rights may have been breached. This is particularly important where an employee has been dismissed, has been asked to sign an agreement or declaration, is owed wages or other payments, is experiencing discrimination or serious workplace problems, or is considering taking formal action against an employer.
Certain employment claims may be subject to specific procedures and time limits. Obtaining advice early can therefore help an employee understand the options available and avoid taking steps that could adversely affect a potential claim. Our objective is to ensure that employees understand their legal position and have access to appropriate professional support when seeking fair treatment and redress.
The brand Employee Support Rights Malta (ESRM) is administered by Sciberras Advocates. Follow Employee Support Rights Malta on Facebook for information and updates concerning employment rights in Malta.