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.
本文仅供参考，不应被视为法律建议。.
查琳·西贝拉斯（Charlene Sciberras）女士，文学士（荣誉），特约撰稿人，是一位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].
