Malta

Malta's employment laws provide a comprehensive framework for the termination of employment contracts, ensuring that employees are treated fairly.

Lawful Grounds for Dismissal

In Malta, employers can lawfully dismiss employees for the following reasons:

• Good and Sufficient Cause: This includes serious misconduct such as theft or violence, gross negligence, or significant underperformance. The employer must be able to demonstrate the severity of the reason for dismissal and often provide warnings before termination.
• Redundancy: This refers to dismissal due to economic reasons, restructuring, or the position becoming obsolete. Employers are required to follow specific procedures, consult with employees, and potentially provide severance packages.

Notice Requirements

The notice periods in Malta can vary depending on the employment contract, collective bargaining agreements, or the length of employment:

• Probation Period: During the probation period, which typically lasts up to one year, shorter notice periods may apply.
• After Probation: The required notice period increases with tenure. For instance, an employee with more than one year of service may be entitled to several weeks of notice.

It's important to note that the specific notice periods are outlined in the Employment and Industrial Relations Act, individual employment contracts, or relevant collective agreements.

Severance Pay

Severance pay in Malta is typically relevant in redundancy situations.

• Eligibility: Employees who have been employed for at least one year may be eligible for severance pay.
• Calculation: The amount of severance pay is calculated based on factors such as the employee's length of service and their final salary.

It's strongly recommended to consult an employment lawyer in Malta for specific advice, as individual circumstances and contractual terms can affect termination procedures and entitlements.

Malta has a comprehensive set of laws that protect individuals from discrimination in various areas. These laws cover a wide range of protected characteristics and provide mechanisms for seeking redress in case of discrimination. Employers also have specific responsibilities to uphold these laws and promote equality.

Key Legislation

Malta's anti-discrimination laws are primarily based on the following key pieces of legislation:

• The Constitution of Malta: This provides fundamental protection from discrimination through Article 45.
• Equality for Men and Women Act (Chapter 456 of the Laws of Malta): This act provides a foundation for addressing discrimination based on sex, gender, and family responsibilities.
• Equal Treatment in Employment Regulations (Subsidiary Legislation 452.95): This extends protection to other protected characteristics in the employment context.
• Gender Identity, Gender Expression, and Sex Characteristics Act (GIGESC Act): This act specifically safeguards rights relating to gender identity, gender expression, and sex characteristics.

Protected Characteristics

The protected characteristics under Malta's anti-discrimination laws include:

• Sex
• Gender Identity
• Gender Expression
• Sex Characteristics
• Pregnancy
• Family Responsibilities
• Race
• Color
• Ethnic Origin
• Nationality
• Religion or Belief
• Sexual Orientation
• Age
• Disability
• Political Opinion

Redress Mechanisms

Individuals who have experienced discrimination in Malta can seek redress through the following mechanisms:

• National Commission for the Promotion of Equality (NCPE): Individuals can file a complaint with the NCPE, which investigates, mediates disputes, and promotes awareness of equality issues.
• Industrial Tribunal: For employment-related discrimination, complaints can be filed with the Industrial Tribunal.
• Civil Courts: Individuals can pursue legal action through the civil courts for damages or other remedies.

Employer Responsibilities

Employers in Malta have proactive duties to prevent discrimination and uphold equality. These include:

• Developing and implementing policies promoting non-discrimination, equal opportunity, inclusivity, and harassment prevention.
• Making hiring and promotion decisions based solely on qualifications, free from bias based on protected characteristics.
• Taking measures to prevent all forms of harassment, including sexual harassment, and addressing any complaints swiftly.
• Providing reasonable accommodations for employees with disabilities or specific needs related to protected characteristics.
• Educating staff on anti-discrimination laws and fostering a culture of inclusion.

In Malta, working conditions are regulated to ensure fair and healthy environments for employees.

Work Hours

The typical work week in Malta is 40 hours. However, some sectors may have agreements for up to 48 hours per week. Overtime is permitted but regulated. Employees must receive additional compensation for overtime work. Specific rules may apply to night work, which is typically between 10 pm and 6 am. Night workers may be entitled to health assessments and alternative work options.

Rest Periods

Employees are entitled to an uninterrupted 11-hour rest period per 24 hours. Employees must have at least 24 consecutive hours of rest per week, usually on Sundays. Employees are entitled to breaks during the workday, the specifics of which depend on the length of the shift. Employees accrue paid annual leave based on their tenure, with a minimum set by law.

Ergonomic Requirements

Malta's primary legislation on health and safety, the Occupational Health and Safety Authority Act (OHSA), includes attention to ergonomic considerations. Employers must identify and address ergonomic hazards, such as those related to repetitive movements, awkward postures, and heavy lifting. Employers must provide workplaces, tools, and equipment that are designed to minimize ergonomic risks. Employees should receive information about ergonomic risks and how to work safely to avoid injury.

Malta places a high priority on the well-being of workers through its health and safety regulations.

Employer Obligations

In Malta, employers bear a significant responsibility for ensuring a safe and healthy work environment. The Occupational Health and Safety Authority Act (OHSA Act) (Chapter 424 of the Laws of Malta) outlines these obligations:

• Risk Assessment: Employers are required to proactively identify potential hazards in the workplace and implement measures to mitigate them. This includes conducting regular risk assessments and keeping them updated.
• Safe Work Practices: Employers must establish clear procedures for safe work, including proper use of equipment, hazard control measures, and safe work permits for high-risk activities.
• Personal Protective Equipment (PPE): Employers must provide appropriate PPE to employees based on the specific job and potential risks. They must also ensure proper maintenance and replacement of PPE.
• Training and Information: Employers must train employees on safety procedures, hazard awareness, and proper use of PPE. Training should be ongoing and adapted to specific roles and changing risks.
• Accident Reporting and Investigation: Employers must implement a system for reporting, investigating, and addressing workplace accidents and occupational illnesses. This includes notifying the OHSA of serious incidents.
• Maintenance and Housekeeping: Employers must maintain workplaces and equipment in a safe and healthy condition. This includes regular inspections, addressing identified issues promptly, and ensuring proper ventilation, lighting, and cleanliness.

Employee Rights

In Malta, employees have corresponding rights regarding health and safety in the workplace:

• Right to a Safe Work Environment: Employees have the right to work in a safe environment free from unreasonable risks to their health and safety.
• Right to Information and Training: Employees have the right to be informed about potential hazards, safety procedures, the availability of PPE, and any changes that could affect their health and safety.
• Right to Refuse Unsafe Work: Employees have the right to refuse to perform unsafe work if they have reasonable justification to believe it poses a serious threat to their health or safety. They should inform their employer and potentially the OHSA about such situations.

Enforcement Agencies

The primary enforcement agency for health and safety regulations in Malta is the Occupational Health and Safety Authority (OHSA). Their responsibilities include:

• Conducting workplace inspections to ensure compliance with health and safety regulations.
• Investigating reported violations and accidents.
• Issuing citations and imposing penalties on employers found to be in violation.
• Providing guidance and resources to employers and employees on health and safety best practices.