Workplace Policies

Workplace Policies

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Workplace Policies
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Overview

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 infrastructure has to play in creating and maintaining a harmonious and efficient workplace environment.

 

Whilst an employment contract sets out the fundamental rules governing the employment relationship, the employer should create an internal infrastructure which comprises detailed policies and procedures relating to the various aspects of the employer’s operations as well as the expectations, duties and entitlements of the employee.

 

Types of Policies

 

The sector in which the employer operates, as well as the size of the employer’s business, will typically determine the nature of the policies that the employer should consider adopting and implementing, and may include policies and procedures relating to:

 

  • Working hours, overtime, rest periods and shift work
  • Leave entitlement, the various types of leave that an employee may avail himself of, the manner in which leave entitlement should be calculated, and internal procedures to apply for any leave
  • Equality at the workplace, and the prevention of harassment and discrimination
  • Whistleblowing
  • Health and safety at the workplace
  • Telework
  • The participation or involvement of employees in the employer’s operations and decision-making processes
  • The representation of employees, whether internal or external in the form of trade union representation
  • Situations involving the prospective transfer or acquisition of business by the employer
  • Training and similar initiatives that employees may benefit from for their ongoing development
  • Data privacy and the protection of data
  • Information Security
  • Ownership and use of the employer’s property and systems
  • Disciplinary issues that may arise at the workplace
  • The handling of grievances that may be raised by employees from time to time

 

Any policies and procedures that an employer may create and implement from time to time should not only be framed within the parameters of the employment legal framework that may be applicable at the time, but should also be sufficiently detailed and easy to understand, follow and implement for the employer and the employee alike.

Our Services

At Empleo, we provide legal advice to employers on all matters outlined above, including advice on the types of policies that an employer should consider implementing, as well as advice and assistance in the preparation of an employer’s internal policy framework.

 

Some of our services in this area include the following:

 

  • Preparation / review of workplace handbooks and policies 
  • Preparation / review of employment contracts 
  • Advice on employer rights and obligations
  • Advice on specific workplace policy matters, including: 
    • working hours 
    • leave entitlement 
    • equality 
    • prevention of harassment and discrimination 
    • whistleblowing 
    • health and safety 
    • telework 
    • employee participation 
    • employee representation 
    • transfer of business 
    • data privacy 
    • information security 
    • intellectual property 
    • disciplinary issues  
    • employee grievances 
  • Liaising with the DIER, Jobsplus, the Occupational Health and Safety Authority, the Office of the Information and Data Protection Commissioner, and other competent authorities 

 

You may get in touch with us here to request an initial free legal consultation in relation to any of the matters outlined above.

News

  • 1. Pre-Employment
  • 2. During Employment
  • 3. Terminating employment
  • 4. After employment

Dr. Mariella Baldacchino - Founder

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.

Dr. Bradley Gatt - Of Counsel

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.

Dr. Karl Sammut - Of Counsel

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.