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Mariella Baldacchino
April 11, 2024
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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 Laws of Malta) and various adjacent regulations and national standard orders.
The said legislative framework is supplemented by various sectoral regulation orders intended to regulate the conditions of employment of specific sectors or classes of employees. Sectors regulated by these orders include woodworks, canning, electronics, private schools, printing and publishing, agriculture, food manufacture, travel or insurance or estate agency, private security services, private cleaning services, and several other sectors.
Each sectoral regulation order prescribes specific employment conditions for employees in their respective sector, including hours of work, minimum wage, overtime rates, minimum daily and weekly rest, holidays and vacation leave, sick leave and other specific leave entitlements.
The conditions of employment prescribed in a national standard order or in a sectoral regulation order, or those which are required to be observed by or under the Employment and Industrial Relations Act, are considered to be the recognised conditions of employment for the employees concerned.
An employer should not only consider the statutory rights and entitlements and relative employment terms prescribed by the Employment and Industrial Relations Act (and regulations made thereunder) in favour of all employees in general but should also consider whether any specific sectoral regulation order is applicable to its employees, as this will affect the nature of the employment terms which must be included in each employment contract.
The law protects employees in this respect by stating that if an employment contract provides for any conditions of employment that are less favourable to an employee than those specified under the Employment and Industrial Relations Act (Chapter 452 of the laws of Malta), any national standard order or any sectoral regulation order, only those provisions that are more favourable to the employee are considered as being legally valid and enforceable. Conditions in the contract of employment which are less favourable to the employee than those established by law or regulations shall not be enforceable and such conditions in the contract of employment shall be replaced by those conditions specified under the laws.
Failure by an employer to fully appreciate and understand the scope and extent of the applicable employment legislative and regulatory framework may have serious consequences on the employer. Apart from exposing the employer to claims before the Industrial Tribunal, non-observance by an employer of any conditions of employment that are established by the Employment and Industrial Relations Act or any regulations made thereunder, any national standard order or any sectoral regulation order, is deemed to be a criminal offence under the Employment and Industrial Relations Act.
At Empleo, we can help employers obtain a better understanding of the scope and extent of the employment legislative and regulatory framework that may be applicable to them. We also provide legal advice to employers on all matters outlined above, including advice on the legal nature, formalities and implications of employment contracts, applicable employment terms, as well as assistance in the preparation or review of employment contracts.
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.
