A major crisis is happening in Malta and other European counties. There is a huge shortage of employees in many industries, but especially in the service industry. With tourism reaching its peaks during the hot months in Malta, many restaurants and hotel owners are struggling to find employees.

Authorities indicate that supplying multiple applications at once is normally flagged, so employers and recruitment agencies are therefore advised to focus their efforts on quality of applicants rather than quantity. Companies and recruitment agencies are urged to source employees more efficiently.

Despite that fact there is no country that is more favoured than others when it comes to the issuance of work permits, the Maltese government has several agreements with certain countries to make the process of obtaining work permits more efficiently.

When sourcing employees it is important to follow certain standards and procedures such as that the employer should make direct contact with the prospective candidates, confirm backgrounds checks, ask on intention to work in Malta and any future plans, and ensure that the qualifications match the job description you have presented to the prospective employees. Once again, as mentioned above, it is not advisable to apply in bulk. Applying wisely will give you higher chances of obtaining an ‘Approval in Principle’ for your new Third Country Nationals employees

As an employer, if you have difficulty with the procedure and paper works, Sciberras Advocates can handle the work permit, visa and residency process for you. The team at Sciberras Advocates will be happy to assist you in getting your new employees to Malta, by applying for the Single Work Permit, Visa, and Malta Residence Card for them, ensuring that all steps go smoothly, with the opportunity also to do appeals directly with our firm in case of rejections. If your company or business requires assistance on work permit documentation in Malta, then you can reach to us to handle all your paperwork.

For more information, please follow this link: https://sciberras.legal/practice-areas/work-permits-residency/.

Este artigo destina-se apenas a fins informativos e não deve ser interpretado como aconselhamento jurídico.

Artigo escrito por Ms Charlene Sciberras, B.A. (Hons), escritora convidada, especialista em marketing e gestão empresarial com foco especial em assuntos corporativos, contabilísticos e jurídicos.

A Sciberras Advocates, fundada pelo Dr. Adrian Sciberras, é uma sociedade de advogados sediada em Malta. A firma orgulha-se de ser multidisciplinar, inovadora e flexível, de modo a responder às mudanças dos tempos e a quaisquer desafios no cenário jurídico local e internacional. Independentemente das exigências complexas privadas ou corporativas, a Sciberras Advocates oferece soluções jurídicas práticas e rentáveis para alcançar os resultados desejados. Pode contactar a Sciberras Advocates por telefone através do +35627795222ou por e-mail em [email protected].

Disputes, conflicts, or offences can take place easily. It could be with a neighbour, a client, a business partner… There are many scenarios for disputes, and normally these can be broadly divided into two types: criminal cases and civil cases.

Let’s talk about civil cases. A civil case involves a dispute between people about the rights or obligations of the people or businesses involved. A civil case usually involves one or more persons seeking a remedy of some kind from another person or group of persons to resolve a private dispute between them.

Examples of areas of law that are classified as civil law are:

• Financial or commercial issues
• Housing/tenancy/property/spoliation issues
• Defamation
• Inheritance and succession issues
• Family law
• Employment law

In civil cases, each person involved in the case is called a ‘party’ to the case. The party who makes a claim or commences the case is generally called the ‘applicant’. The party defending themselves against the claim is generally called the ‘defendant’.

Having a lawyer by your side is essential to protect yourself legally. Together with a lawyer the process becomes easier through the knowledge of your legal rights about any issue of concern. Your interests are protected, documents are handled correctly, implications are known in case you want to take a risk, and solutions are presented in an orderly and efficient matter. It is particularly important in the legal practice that the client perceives the lawyer as a solution. That is why it’s important for a lawyer to express him/herself simply and clearly.

Furthermore, it’s crucial to choose a law firm that is operating in litigation before the respective courts and/or respective tribunals but also has experience in negotiating an out-of-court settlement so that the dispute could be settled through mediation and arbitration.

Sciberras Advocates lawyers will ensure to give you an analysis of the situation and solutions for a positive outcome. We see ourselves as a hands-on law firm that provides practical assistance tailored to the client’s needs. We are therefore committed to give a complete legal situation so that our clients can make an informed decision themselves.

Our team of professional and experienced lawyers can provide a comprehensive and cost-effective service, which is tailored for every single client. You can expect a personalised approach when dealing with your requests and queries. For more info or assistance please contact us: https://sciberras.legal/contact/.

Este artigo destina-se apenas a fins informativos e não deve ser interpretado como aconselhamento jurídico.

Artigo escrito por Ms Charlene Sciberras, B.A. (Hons), escritora convidada, especialista em marketing e gestão empresarial com foco especial em assuntos corporativos, contabilísticos e jurídicos.

A Sciberras Advocates, fundada pelo Dr. Adrian Sciberras, é uma sociedade de advogados sediada em Malta. A firma orgulha-se de ser multidisciplinar, inovadora e flexível, de modo a responder às mudanças dos tempos e a quaisquer desafios no cenário jurídico local e internacional. Independentemente das exigências complexas privadas ou corporativas, a Sciberras Advocates oferece soluções jurídicas práticas e rentáveis para alcançar os resultados desejados. Pode contactar a Sciberras Advocates por telefone através do +35627795222ou por e-mail em [email protected].

Few months ago, Sciberras Advocates has helped a student on a genuine case with the Principal Immigration Officer (PIO) to overturn an entry ban into Malta. Our client had invested in over €10,000 in study fees for his medical degree, as well as he was renting an apartment since was living in Malta for a long time.

Case:

Our client left from Malta to the UK and was issued with a re-entry ban because he had overstayed in Malta. The client is a UK citizen in possession of a Maltese residency card and has been in Malta since starting a medical degree in 2017. He had, however, spent a year in the UK as part of his degree requirements. He eventually returned to Malta. He was not in Malta during the period when UK nationals in Malta had to exchange their residency cards due to Brexit, and he mistakenly believed that his current residency card would remain valid until it expires in November 2022. This was not the case, so the client was issued with a ban that stated an overstay of 343 days.

Conclusion:

Thanks to our intervention with the PIO, we managed to overturn the ban by firstly getting approval for our client to apply for a visa at our High Commission in London. When this was granted, we dealt with the PIO to remove the re-entry ban by giving enough reasons in justifying his return also his oversight regarding his residency documents following BREXIT.

This was another success story for Sciberras Advocates, assisting our client to remove an entry ban with an appeal.  Sciberras Advocates can assist with appeals at the Immigration Appeals Board or written requests to Principal Immigration Officer to appeal, overturn bans and challenge removal orders.

Mais informações sobre serviços de imigração podem ser encontradas aqui: https://sciberras.legal/practice-areas/immigration-law/ or contact us directly to speak to one of our immigration lawyers.

Este artigo destina-se apenas a fins informativos e não deve ser interpretado como aconselhamento jurídico.

Artigo escrito por Ms Charlene Sciberras, B.A. (Hons), escritora convidada, especialista em marketing e gestão empresarial com foco especial em assuntos corporativos, contabilísticos e jurídicos.

A Sciberras Advocates, fundada pelo Dr. Adrian Sciberras, é uma sociedade de advogados sediada em Malta. A firma orgulha-se de ser multidisciplinar, inovadora e flexível, de modo a responder às mudanças dos tempos e a quaisquer desafios no cenário jurídico local e internacional. Independentemente das exigências complexas privadas ou corporativas, a Sciberras Advocates oferece soluções jurídicas práticas e rentáveis para alcançar os resultados desejados. Pode contactar a Sciberras Advocates por telefone através do +35627795222ou por e-mail em [email protected].

Opinion Article

It is well known from official statistics that officially over 50,000 Third-Country Nationals (TCNs) have work permits in Malta. Apart from the employment license holders, there are a number of dependents of these TCNs and also there are thousands who are here illegally. As a conservative estimate the majority of increase in Malta’s population is due to the rapid rise of TCNs in the past ten years. Over one in 10 of the population is a TCN. And by a rough estimate, over 20 percent of the population is no longer native Maltese. That means that Malta’s rapid economic growth in the last decade is being fueled by these foreigners who are a mix of highly qualified employees, wealthy residents or retirees who choose Malta as their retirement destination. Furthermore, there is also a number of blue-collar workers, both unskilled or semi-skilled workers that are employed in catering, construction and hard manual labourers such as manufacturing and agriculture. These type of expats are equally important as they make our country more cosmopolitan than ever.

With the government’s policy of increasing the working population comes with a host of problems. A number of foreigners (particularly TCNs) are staying here illegally. This is because our country is riddled with bureaucratic procedures. Whilst Identity Malta Agency is supposed to be a data controller and application processor, the Agency has taken the role of a quasi-judicial function by issuing guidelines that when a TCN loses the job, s/he is only allowed a period of 10 days from the termination date during which the TCN can apply for a new job. This practice stands to be challenged as it is not found in the Immigration Act however even though it should serve as a guideline, the Agency is adhering strictly to the rule that itself issued and is revoking residence permits en masse. It is very difficult for an employee who lost the job to find a replacement in a very short time and one must be very lucky. The average period of unemployment is typically three to four months or a few less if skilled or specialised.

Furthermore, a number of abusive employers are quick to backdate the termination date so as not to pay national insurance and taxes. The TCN is put in a state of illegality by this system. At least Identity Malta Agency should start the 10 days from when the employee receives the notification of termination. There are thousands stranded in such a situation, all living in fear that the Principal Immigration Officer will find them, deport them and terminate their European dream.

Yet at the same time, Identity Malta Agency is flooded by new applications and it seems that there are many more TCNs coming to Malta whilst a huge number of TCNs are still roaming, working the odd jobs with exploitatitve employers (or genuine ones but who cannot manage to regularise them) and end up working without actually paying taxes. This is a known situation in Malta particularly in the horeca and construction industry, yet no one is trying to do something about it.

There is a potential solution if one follows a practical approach. First of all, the time limit to change a job should become a law that is dictated from an Authority and not an Agency. Secondly, more reasonable time frames should be offered similarly to what can be found in other EU countries. Certain countries permit two or three months, other countries permit that a TCN can find a job until the expiration of the residence card or be registered in the ‘Unemployed List’ without taking benefits but securing a residence also by means of a Temporary Residence Card. Certain countries such as the neighboring Italy even allows up to one year to find a new job.

Why should a worker who was dismissed and does not agree with such termination, not afforded the same rights as a Maltese or EU National? If the country needs all these workers why doesn’t the Agency, with the help of Immigration Police, issue a one-time regularisation program to allow these ‘illegal’ immigrations to regularise their position. Does Immigration Police have enough resources to ‘deport’ these illegal immigrants? Instead of issuing hundreds of new work permits why doesn’t the Agency authorise the over-stayers (who are already here and available to work) to regularise their position?

In my opinion if this period is increased to six months, and the government issues guidance to Identity Malta Agency to regularize these TCNs, this would solve many problems and rake in taxes. Employers would register them and pay their national insurance, landlords would rent apartments with more peace of mind, the Jobsplus register increased labour force, Immigration Police will have more time to evaluate applications, and Identity Malta Agency would work in better harmony.

The fact that due to increased workloads and new applicants the stakeholders have to naturally take more time to process such applications and unless a huge increase in workforce is positioned with the various stakeholders, these departments will keep missing their own deadlines and putting the TCNs in a continued state of illegality.

Este artigo destina-se apenas a fins informativos e não deve ser interpretado como aconselhamento jurídico.

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.

A Sciberras Advocates, fundada pelo Dr. Adrian Sciberras, é uma sociedade de advogados sediada em Malta. A firma orgulha-se de ser multidisciplinar, inovadora e flexível, de modo a responder às mudanças dos tempos e a quaisquer desafios no cenário jurídico local e internacional. Independentemente das exigências complexas privadas ou corporativas, a Sciberras Advocates oferece soluções jurídicas práticas e rentáveis para alcançar os resultados desejados. Pode contactar a Sciberras Advocates por telefone através do +35627795222ou por e-mail em [email protected].

A legal opinion, also referred to as an opinion letter is a valuable document issued by a lawyer expressing a legal analysis of a specific problem, concern, or transaction.

Such letter is normally divided into various sections, starting by identifying the background, assumptions to be relied on, qualifications, and lastly the legal opinion drawn up by the lawyer. Such letter will also identify legal risks and can, for example, confirm that a party can participate in the transaction and be able to perform the obligations as outlined in the documents.

The purpose of providing the legal opinion is to inform the addressee of the legal effect of a transaction or matter; and to identify legal risks that the addressee should consider and further evaluate. For this, the purpose of such legal letter is that the recipient will be able to rely on the content of opinion letter and treat it as a basis for entering into a specific transaction. In brief, a legal opinion expresses the illegibility or legibility of an action to ensure that regulatory requirements are satisfied based on legal principles. For instance, when a certain business transaction is involved, a legal opinion would reassure an investor, or otherwise, that all documents are binding.

Our lawyers at Sciberras Advocates can study your specific case and draw up legal opinions or opinion letters by providing a professional understanding of various matters and contexts based on legal principles. You can find more information about this on our website https://sciberras.legal/practice-areas/legal-opinion/ and you can also get in touch with our lawyers on [email protected].

Este artigo destina-se apenas a fins informativos e não deve ser interpretado como aconselhamento jurídico.

Artigo escrito por Ms Charlene Sciberras, B.A. (Hons), escritora convidada, especialista em marketing e gestão empresarial com foco especial em assuntos corporativos, contabilísticos e jurídicos.

A Sciberras Advocates, fundada pelo Dr. Adrian Sciberras, é uma sociedade de advogados sediada em Malta. A firma orgulha-se de ser multidisciplinar, inovadora e flexível, de modo a responder às mudanças dos tempos e a quaisquer desafios no cenário jurídico local e internacional. Independentemente das exigências complexas privadas ou corporativas, a Sciberras Advocates oferece soluções jurídicas práticas e rentáveis para alcançar os resultados desejados. Pode contactar a Sciberras Advocates por telefone através do +35627795222ou por e-mail em [email protected].

This is a case study about an appeal handled last year by Dr Adrian Sciberras of Sciberras Advocates and Dr Karl Cordina of Belgravia Advisory. On behalf of our client, we submitted a notice of appeal from the decision taken by Identity Malta Agency. Our client, a Third Country National, submitted his single permit on 18^th September 2020 under the Single Permit procedure, as provided for in Subsidiary Legislation 217.17 with a Malta registered company that offered him a job.

The application was rejected, specifying on the refusal letter received, that the ‘application was not recommended for approval by Jobsplus because it transpires that your prospective employer failed to provide the necessary information for the processing of the application.’

Our client had the right to appeal to this decision in terms of the provisions of article 20 (2) of the Subsidiary Legislation 217.17. Dr Adrian Sciberras presented an appeal based on proven facts and grounds. Our work included a review of the application that was submitted to identify any issues and failures which could have been of detriment to the client. Furthermore, through our findings, as part of our appeal to the Board, we also revealed the failing points from Identity Malta Agency regarding this case so that we could present a stronger appeal.  

Following our submission, evidence produced and various considerations, the Immigration Appeals Board accepted our appellant’s appeal, giving our client the opportunity to revise his application with Identity Malta Agency.

This was another success story for our firm, winning an appeal for a TCN who was ready to start his new job in Malta. Sciberras Advocates can assist in appeals with the Immigration Appeals Board or written requests to Principal Immigration Officer to appeal, 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.

Este artigo destina-se apenas a fins informativos e não deve ser interpretado como aconselhamento jurídico.

Artigo escrito por Ms Charlene Sciberras, B.A. (Hons), escritora convidada, especialista em marketing e gestão empresarial com foco especial em assuntos corporativos, contabilísticos e jurídicos.

A Sciberras Advocates, fundada pelo Dr. Adrian Sciberras, é uma sociedade de advogados sediada em Malta. A firma orgulha-se de ser multidisciplinar, inovadora e flexível, de modo a responder às mudanças dos tempos e a quaisquer desafios no cenário jurídico local e internacional. Independentemente das exigências complexas privadas ou corporativas, a Sciberras Advocates oferece soluções jurídicas práticas e rentáveis para alcançar os resultados desejados. Pode contactar a Sciberras Advocates por telefone através do +35627795222 or via email on [email protected].

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.

O que acontece quando chego a Malta?

Uma vez em Malta, terá de cumprir os passos finais para completar as condições do seu pedido de autorização de trabalho e obter o Cartão de Residência maltês. A autorização de trabalho e o cartão de residência serão válidos por um ano. É importante que, durante as primeiras semanas em Malta e posteriormente, assegure que:

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.

Este artigo destina-se apenas a fins informativos e não deve ser interpretado como aconselhamento jurídico.

Artigo escrito por Ms Charlene Sciberras, B.A. (Hons), escritora convidada, especialista em marketing e gestão empresarial com foco especial em assuntos corporativos, contabilísticos e jurídicos.

A Sciberras Advocates, fundada pelo Dr. Adrian Sciberras, é uma sociedade de advogados sediada em Malta. A firma orgulha-se de ser multidisciplinar, inovadora e flexível, de modo a responder às mudanças dos tempos e a quaisquer desafios no cenário jurídico local e internacional. Independentemente das exigências complexas privadas ou corporativas, a Sciberras Advocates oferece soluções jurídicas práticas e rentáveis para alcançar os resultados desejados. Pode contactar a Sciberras Advocates por telefone através do +35627795222ou por e-mail em [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.

Este artigo destina-se apenas a fins informativos e não deve ser interpretado como aconselhamento jurídico.

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.

A Sciberras Advocates, fundada pelo Dr. Adrian Sciberras, é uma sociedade de advogados sediada em Malta. A firma orgulha-se de ser multidisciplinar, inovadora e flexível, de modo a responder às mudanças dos tempos e a quaisquer desafios no cenário jurídico local e internacional. Independentemente das exigências complexas privadas ou corporativas, a Sciberras Advocates oferece soluções jurídicas práticas e rentáveis para alcançar os resultados desejados. Pode contactar a Sciberras Advocates por telefone através do +35627795222ou por e-mail em [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.

Este artigo destina-se apenas a fins informativos e não deve ser interpretado como aconselhamento jurídico.

Artigo escrito pela Sra. Charlene Sciberras, B.A. (Hons), escritora convidada, especialista em marketing e administração de empresas com especial enfoque em assuntos corporativos, contabilísticos e jurídicos.

A Sciberras Advocates, fundada pelo Dr. Adrian Sciberras, é uma sociedade de advogados sediada em Malta. A firma orgulha-se de ser multidisciplinar, inovadora e flexível, de modo a responder às mudanças dos tempos e a quaisquer desafios no cenário jurídico local e internacional. Independentemente das exigências complexas privadas ou corporativas, a Sciberras Advocates oferece soluções jurídicas práticas e rentáveis para alcançar os resultados desejados. Pode contactar a Sciberras Advocates por telefone através do +35627795222ou por e-mail em [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.

Este artigo destina-se apenas a fins informativos e não deve ser interpretado como aconselhamento jurídico.

Artigo escrito pela Sra. Charlene Sciberras, B.A. (Hons), escritora convidada, especialista em marketing e administração de empresas com especial enfoque em assuntos corporativos, contabilísticos e jurídicos.

A Sciberras Advocates, fundada pelo Dr. Adrian Sciberras, é uma sociedade de advogados sediada em Malta. A firma orgulha-se de ser multidisciplinar, inovadora e flexível, de modo a responder às mudanças dos tempos e a quaisquer desafios no cenário jurídico local e internacional. Independentemente das exigências complexas privadas ou corporativas, a Sciberras Advocates oferece soluções jurídicas práticas e rentáveis para alcançar os resultados desejados. Pode contactar a Sciberras Advocates por telefone através do +35627795222ou por e-mail em [email protected].