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New Leave Entitlement: Medically Assisted Procreation in Malta

New Leave Entitlement: Medically Assisted Procreation in Malta
On the 30th May 2017, new Regulations came into force – Leave for Medically Assisted Procreation National Standard Order (S.L. 452.114).The Regulations grant a period of paid leave to employees who undergo the process of medically assisted procreation. The prospective parents shall be entitled to 100 hours of leave with full pay between them, which leave is to be paid by the employer. The entitlement to one hundred hours of leave for medically assisted procreation with full pay shall be granted for every process of medically assisted procreation, up to a maximum o...
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Limiting the applicability of post-termination restraints on employees in Malta

Limiting the applicability of post-termination restraints on employees in Malta
The First Hall of the Civil Court delivered a judgment on the topic of post-termination of employment restrictive clauses, in the names of Cutrico Services Ltd vs Josef Penza (23rd February 2017). This judgment highlights the importance of careful drafting of employment contracts, in particular as regards restraints on the employees, since these can easily be considered as being against competition. The defendants's employment contract had contained a restrictive clause which provided that he was not, for his own account or for that of any other person, firm or co...
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New Business Hours Regulations in Malta - Express Consent of Employee Required to Work on Sundays

New Business Hours Regulations in Malta - Express Consent of Employee Required to Work on Sundays
In line with the new Business Hours Regulations (Subsidiary Legislation 441.08), which have come into force as of January 2017 and which allow shops to open on Sundays (subject to the opening times established in the same Regulations), the Wholesale and Retail Trades Wages Council Wage Regulation Order (Subsidiary legislation 452.63) has also been amended.Amongst other changes in the working times and periods of rest, an important introduction in the Wholesale and Retail Trades Wages Council Wage Regulation Order is that contained in regulation 6A which provi...
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New Rights for Adoptive Parents – the Adoption Leave National Standard Order

New Rights for Adoptive Parents – the Adoption Leave National Standard Order
​On the 10th October 2016, new Regulations came into force, giving new rights to employees who have adopted a child, analogous to maternity leave. Prior to the Regulations, employees who adopted a child were only entitled to unpaid parental leave.The Adoption Leave National Standard Order (Subsidiary Legislation 452.11) provides that an employee who is the parent of an adopted child is entitled to an uninterrupted period of eighteen weeks' adoption leave, corresponding to the eighteen weeks' maternity leave. Similarly, also to maternity leave, only the first fourt...
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Occupational Health and Safety Legislation

Occupational Health and Safety Legislation
​Recently, Dr. Christine Calleja delivered a lecture on health and safety legislation organised by Business Leaders Academy. Health and safety legislation can be a minefield for employers. The Occupational Health and Safety Authority Act and the Regulations issued under it (around 30 in number) regulate issues varying from compulsory eye-sight checks for workers to the number of sanitary conveniences which need to be present at the workplace. The law imposes a wide range of obligations on the employer to ensure at all times the health and safety not only of w...
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