Legal Update: Uniform Bereavement and Marriage Leave Entitlements Across All Sectors Employment and Industrial Relations

Legal Update: Uniform Bereavement and Marriage Leave Entitlements Across All Sectors

The Minimum Special Leave Entitlement Regulations (Subsidiary Legislation 452.101) have been amended to establish a uniform minimum entitlement of three working days' marriage leave and three working days' bereavement leave. These minimum entitlements apply across all sectors, irrespective of whether an employee is covered by a Conditions of Work Regulation Order. Prior to these amendments, employees who were not covered by a Wage Regulation Order (‘WRO’) were generally entitled to one day of bereavement leave and two days of marriage leave, while more favourable entitlements often applied under certain WROs. The reform also eliminates certain sector-specific conditions which required employees…
A New Way to Hire? Understanding the Employer of Record Model in Malta Employment and Industrial Relations

A New Way to Hire? Understanding the Employer of Record Model in Malta

Introduction Employer of Record (EoR) arrangements have emerged as an attractive solution as businesses increasingly seek to expand into new markets and hire talent across borders without the cost and administrative burden of establishing a local presence. Under this model, an EoR hires workers on behalf of a client company and is responsible for handling employment administration, payroll, tax withholding and compliance with local employment law. While the concept may appear to be relatively straightforward, its legal treatment varies from one jurisdiction to another. Businesses considering engaging workers in Malta through an EoR established in Malta should be aware of…
Upcoming Deadline: Gender Balance on Boards Employment and Industrial Relations

Upcoming Deadline: Gender Balance on Boards

The 30 June 2026 deadline is fast approaching for in-scope listed companies to fulfil the gender balance targets laid down in Chapter 13 of the Malta Financial Services Authority (‘MFSA’)’s Capital Markets Rules (implementing Directive (EU) 2022/2381). These requirements do not apply to debt issuers and micro, small and medium-sized enterprises. What must be achieved? By 30 June 2026, companies must meet one of the following targets: At least 40% of non-executive directors are of the underrepresented sex; or At least 33% of all directors (executive and non-executive) are of the underrepresented sex. Reporting and disclosure obligations In addition to…
The New Equal Pay Regulations 2026 Published: Implementing the EU Pay Transparency Directive in Malta Employment and Industrial Relations

The New Equal Pay Regulations 2026 Published: Implementing the EU Pay Transparency Directive in Malta

The introduction of the EU Pay Transparency Directive marked a significant shift in how organisations across the European Union approach pay transparency, workplace equality and gender pay gap reporting. Malta has now implemented the Directive through the new Equal Pay (Transparency and Reporting) Regulations 2026, published on 5 June 2026. Businesses are entering a new phase of employment law compliance in Malta, one that is more data-driven, structured and accountable than ever before. While equal pay obligations are not new, the way they are enforced is changing. Employers can no longer take a reactive approach. Instead, they will be expected…
Can Seamen Claim Unfair Dismissal Before The Industrial Tribunal? Employment and Industrial Relations

Can Seamen Claim Unfair Dismissal Before The Industrial Tribunal?

Introduction In a recent preliminary decision number 3174 decided on 22 April 2026, the Industrial Tribunal was faced with an unfair dismissal claim. This decision provided the Tribunal with an opportunity to consolidate the distinction between the employment law framework under the Employment and Industrial Relations Act (‘EIRA’), Chapter 452 of the Laws of Malta, and the specialised regime governing maritime workers under the Merchant Shipping Act, Chapter 234 of the Laws of Malta. Facts of the Case The claimant, employed under a ‘Seafarer Employment Agreement’, instituted proceedings before the Industrial Tribunal alleging that he had been unfairly dismissed by…
Pensioners
Malta’s Proposed Auto-Enrolment Occupational Pension Regime: Key Implications for Employers and Employees Employment and Industrial Relations

Malta’s Proposed Auto-Enrolment Occupational Pension Regime: Key Implications for Employers and Employees

Introduction On 18 June 2025, the Government of Malta, through the Ministry for Finance, launched a month-long public consultation on the introduction of an auto-enrolment occupational pension regime. This initiative seeks to strengthen long-term retirement savings by requiring employers to offer qualifying pension schemes and automatically enrol eligible employees, subject to an opt-out option. Which Legal Frameworks will be Impacted? Occupational pension plans in Malta are currently offered by two categories of licensed holders governed by distinct legal frameworks. These include Retirement Scheme Administrators, licensed under the Retirement Pensions Act, and long-term insurance undertakings, licensed under the Insurance Business Act.…