Employer Rights Advocating

Helping businesses navigate workplace issues

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If you are facing issues at your workplace, please contact us before taking any decision that could negatively impact your business.

Disciplinary Matters Dismissing Employees Employee Handbooks Employee Participation Employee Representation Employment Arrangements Employment Contracts Employment Legislative Framework

D Disciplinary Matters What kind of disciplinary matters may an employer face? The employer will inevitably face issues that relate to the performance or behaviour of its employees. An employee may eithe... D Dismissing Employees Dismissing Employees When can an employer dismiss an employee? During the probationary period , an indefinite contract may be terminated at will by the employer without assigning a... E Employee Handbooks What is an Employee Handbook? An employee or staff handbook is a document that sets out all the rules, policies, procedures and other information that may relate to the workplace f... E Employee Participation Employee Participation and Consultation Maltese law contemplates several scenarios in which employees are entitled to receive information, be consulted or even participate in certa... E Employee Representation What are the principal types of employee representation? The Employment and Industrial Relations Act (Chapter 452 of the laws of Malta) distinguishes between two principal types of... E Employment Arrangements Employment Arrangements There are two broad categories of employment contracts that an employer may enter into with an employee with a view to formalising an employment relationshi... E Employment Contracts What is a Contract of Employment? A contract of employment is an agreement – whether oral or in writing and which may take any form – whereby a person binds himself to render servi... E Employment Legislative Framework The Maltese legislative framework regulating the conditions of employment of employees is primarily comprised of the Employment and Industrial Relations Act (Chapter 452 of the Law... E Employment Status Can a Self-Employed Independent Contractor be deemed as being an Employee? Many employers underestimate the importance of attributing the correct legal status to individuals who pr... E Employment Wages & Incentives Employment Wages & Incentives Protection of Wages The principal form of remuneration that is payable by an employer to an employee is the wage, which must be paid by the employ... G Grievances, Complaints and Disciplinary Matters What types of grievances may an employer face? The employer will inevitably face grievances or complaints from its employees. Complaints may relate to various issues, such as emplo... H Harassment & Discrimination Harassment & Discrimination Embracing Equality Diversity and dignity are two fundamental principles which an employer should embrace as a basis of its business and its relation... H Health & Safety Health & Safety The Occupational Health and Safety Authority Act The Occupational Health and Safety Authority Act (Chapter 424 of the laws of Malta) and various regulations mad... I Industrial Tribunal What is the Industrial Tribunal? The Industrial Tribunal is a Maltese tribunal that has exclusive jurisdiction to decide on certain employment related issues. The exclusive jurisdi... L Leave Entitlement Maltese law sets out various leave entitlements attaching to employees. The following is an overview of the general minimum statutory leave entitlements that are currently availabl... R Restrictive Covenants Restrictive Covenants in Employment Contracts Restrictive clauses in employment agreements may bind employees with their employer even after their employment has been terminated. N... S Settlement Agreements The utility of settlement agreements Settlement agreements have an important role to play for the employer to settle issues or disputes that may arise with its employees, whether s... T Telework What is Telework? Telework allows employees to perform their work remotely using information technology, such that work which could also be performed by employees at the employer’s... T Transfer of Business Which transfer scenarios trigger employee protection? The Transfer of Business (Protection of Employment) Regulations (Subsidiary Legislation 452.85) regulate the status and treatm... U Unfair Dismissal Unfair Dismissal When would the dismissal of an employee be considered as unfair? The Employment and Industrial Relations Act (Chapter 452 of the laws of Malta) defines the term “u... W Whistleblowing Who is a Whistleblower? A whistleblower is an employee who makes an oral or written communication of information on an improper practice. The Protection of the Whistleblower Act (C... W Working Time The Organisation of Working Time Regulations set out minimum requirements for the organisation of working time that generally apply to all sectors of activity, both public and priv... W Workplace Policies The Importance & Roles of Policies The importance of having properly drafted employment contracts should not overshadow the crucial role that a sound workplace policy infrastru...

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