Employers use a variety of methods to find qualified candidates. Most companies have a formal process in place for identifying and hiring new employees. These are the most typical steps in the hiring process:
Planning – Initially, the employer recognises the need to fill a vacated position or to expand. As a result, the employer evaluates the number of employees they want to hire and the required skill set. A job description is typically created, which includes a prioritized list of job requirements, special qualifications, desired characteristics, and required experience.
Recruitment – At this stage, the employer attempts to reach out to candidates through job postings, referrals, advertisements, and other channel of recruitment. Employers may utilise a combination of their company’s website and social media platforms, job posting websites, job fairs, local newspaper advertisements and word of mouth recruitment. Interested employees should then submit their CVs and cover letters.
Candidate selection – In many cases, this phase consists of the review of candidates’ application, with those who do not meet the minimum requirements being eliminated. Prospective applicants are then interviewed. Depending on the size of the company and the position, additional interviews with management may be conducted. At this stage, candidates are evaluated using various methods of assessment, including background checks of prospective employees, such as the checking of references. Those who are successful will then receive a job offer, while those who are unsuccessful may receive a rejection letter.
Employers may use social to recruit employees by listing job openings. Even if an employer does not use social media for recruitment purposes, employers may frequently review applicants’ online presence during the hiring process. Thus, having a job-worthy profile is a good idea. Any data collected and processed for purpose of selection process by the employer still require a legitimate interest in line with Data Protection legal framework in Malta.
Employers must ensure that the selection and recruitment procedures relating to the above-mentioned planning, recruitment, and candidate selection adhere to the principle of equal opportunity and that applicants are fairly selected based on merit and suitability for the job in question.
At Empleo, we provide legal advice to employees on all matters outlined above, including advice on the legal nature and implications in the selection and recruitment process, 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 if you believe that you have been prejudiced or treated unfairly in a selection and recruitment procedure.
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.