Employment law in Malta is dealt with under the Employment and Industrial Relations Act and the subsidiary legislation falling thereunder. The employment of staff is one of the most crucial parts of managing a business since having adequate staff is essential for providing the goods and services that a business needs to generate profits.
Therefore having proper advice in relation to employment issues in Malta on matters such as leave, disciplinary measures, employee benefits, minimum rest periods, minimum wages, confidentiality, restrictive covenants and social security issues is very important to limit the amount of disputes an employer can have with his staff. With GDPR and other privacy legislation it is also important to ensure that the employee’s rights to privacy in terms of the law are safeguarded.
In this regard, it is also important to obtain an appropriate contract of employment, drafted in terms of the law while also being tailor made for the requirements of each employer. Certain issues like non-competition and non-solicitation need to be properly drafted since vague iterations of such provisions may be deemed to be unenforceable. One must also keep in mind that in matters of employment law, the law takes precedence over whatever is written in a legal agreement if the agreement reduces the rights of the employee below the minimum requirements listed under law. An employee cannot wave or lose his rights through the signing of such an agreement.
An employment contract may be part time, full time or with reduced hours, while the engagement itself can be for a fixed term or for an indefinite term. The engagement can be based on a fixed 40 hour week schedule, with the standard 8am – 5pm work day or it can be shift based or even having night work or overseas work. All these elements have separate elements which need to be catered for and which an employer should obtain correct advice about, prior to engaging staff, so as to ensure compliance with the law.
The legal team at KSi Malta can provide this advice on employment issues so that employers can fully comply with employment law in Malta.