The Employment and Industrial Relations Act (Chapter 452 of the laws of Malta) distinguishes between two principal types of employee representative, namely:
The aim of employee representation is to promote and protect the collective interest of the employees, whether in the context of collective bargaining or whenever the participation or involvement of employees is required in certain situations or undertakings, such as collective redundancies, business transfers, cross-border mergers or undertakings that employ at least fifty employees.
In the case of trade unions, these may also assist individual employees with matters such as termination and redundancy, in such a way that should an agreement not be reached between the employer and the employee, and the trade union feels that the termination was not justified, it would assist the employee in filing proceedings before the Industrial Tribunal or the Courts.
Maltese law also regulates the setting up of specific representative bodies in line with European Union requirements, particularly the setting up of European works councils in community-scale undertakings and community-scale groups of undertakings, as well as representation in European public limited liability companies (otherwise known as Societas Europaea) and European Co-operative Societies.
The Recognition of Trade Unions Regulations (Subsidiary Legislation 452.112) regulates the manner in which trade unions may be recognised by an employer. Broadly speaking, an employer must recognise a trade union that has more than fifty per cent of that employer’s employees as its members.
Certain recognition scenarios involving more than one trade union as specified in the said Regulations, require a ballot of union members to determine and decide which trade union should be recognised.
At Empleo, we provide legal advice to employers on all matters outlined above, including advice on the scope and applicability of any laws and regulations relating to employee representation, assistance in the preparation of internal policies and procedures for implementation by employers in furtherance of their obligations, and assistance in the preparation of any agreements or arrangements in this respect.
Some of our services in this area include the following:
You may get in touch with us here to request an initial free legal consultation in relation to any of the matters outlined above.
Mariella graduated from the University of Malta with a doctorate in law in 2005. She completed a master’s degree in ‘European Private Law’ from the La Sapienza, University of Rome, and was admitted to the bar in Malta in 2006.
Mariella is a people person – and it is this attribute which has really characterised and shaped her career.
Over the years, she headed the legal departments of several corporate services firms. Due to her skillset, she was also entrusted with managing and overseeing operations and human resources, where she gained technical and practical experience in various corporate, commercial and employment matters.
Her practical hands-on experience and insight perfectly complement Mariella’s technical knowledge of employment law, thus placing her in an ideal position to understand and advise employers and employees alike on various matters that may arise at the workplace.
Mariella is passionate about employment law matters and provides her clients with the highest-quality legal service to achieve the best possible outcome and resolve any employment law related issues and concerns.
Bradley graduated Doctor of Laws from the University of Malta in 2005 and was admitted to the Bar in Malta in 2006. He advises clients on various corporate, commercial, employment and regulatory matters, with particular focus on company and financial services law.
He has assisted clients in various corporate and commercial matters by providing company law advice and assisting in the implementation of corporate finance, restructuring, mergers and acquisitions and similar transactions.
Bradley has also advised and assisted investment funds, fund managers and other investment services providers, banks and financial institutions, on various legal and regulatory matters relating to the setting up, authorisation and ongoing conduct of their activities in Malta.
His practice also covers general employment law matters. Bradley’s experience in company and financial services law enables him to focus on various corporate and regulatory aspects of employment relationships. In particular, he advises organisations on the implementation of employee share option and participation schemes, the implications of business transfers on employment relationships, as well as relations with senior employees.
Karl graduated Doctor of Laws from the University of Malta in 2005 and was admitted to the Bar in Malta in 2006.
Karl has gained considerable expertise in technology law and regularly assists clients in relation to intellectual property issues, commercial contracts and ways to ensure compliance with the General Data Protection Regulation (GDPR) and privacy laws. Whilst such matters used to be only given incidental importance when dealing with employment matters, they are now widely acknowledged to be vital in all employment relationships.
He is also regularly engaged by C-level executives to assist in negotiating employment contracts and settlement agreements.
Karl advises across a multitude of industries including technology; marketing; adtech; financial services; gaming; esports; consumer products; and media and telecommunications.