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].
本文仅供参考，不应被视为法律建议。.
夏琳·西贝拉斯（Charlene Sciberras）女士撰写，文学士（荣誉学位），特约撰稿人，营销和工商管理专家，尤其专注于公司、会计和法律事务。.
Sciberras Advocates 由 Adrian Sciberras 博士创立，是一家总部位于马耳他的律师事务所。该事务所以其多学科、创新和灵活的特点而自豪，能够应对不断变化的时代以及本地和国际法律环境中的任何挑战。无论面临何种复杂私人或公司需求，Sciberras Advocates 都能提供切合实际且具有成本效益的法律解决方案，以实现您期望的结果。您可以通过电话联系 Sciberras Advocates： +35627795222或通过电子邮件发送至 [email protected].
