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Employment and Industrial Relations

Mamo TCV Advocates - The principle of equal pay for work of equal value to apply more extensively to workers of employment agencies
Employment and Industrial Relations

Extension of the Principle of Equal Pay for Work of Equal Value

The current Temporary Agency Workers Regulations (S.L. 452.106) regulate temporary agency workers, transposing Directive 2008/104/EC of the European Parliament and of the Council on temporary agency work into Maltese law. This legislation is meant to ensure equality of treatment between temporary agency workers and employees of the user undertaking (the entity for which the temporary agency workers would be providing their services). The present regulations make exceptions to the applicability of the principle of equal pay for work of equal value. To ensure better equality of treatment, a new legal notice 128 of 2024 entitled ‘Temporary Agency Workers Regulations, 2024’…
Christine Calleja and Erika Azzopardi Taliana
4th June 2024
Mamo TCV Litigation and Dispute Resolution
Employment and Industrial RelationsLitigation & Dispute Resolution

Employer Liability Leads to Over €200,000 in Damages

In a landmark judgment delivered on the 14th of March 2024 in the names Maria Matruscelli vs Palumbo Malta Shipyards Limited et (case numbered 518/19TA), the First Hall of the Civil Court awarded €208,871 in compensation to the plaintiff. The case revolved around the death of Aniello Fariello who lost his life on the 18th of January 2016 while performing his duties on board the vessel MV Galaxy, which vessel was docked at the shipyard belonging to Palumbo Shipyards Limited (hereinafter referred to as “Palumbo”). During the process of mooring the vessel, a reel through which one of the ropes…
Luigi Gulia and Frank B. Testa
8th April 2024
Mamo TCV Advocates delivered a three-hour presentation yesterday, in collaboration with 21 Academy, on frequently asked questions in employment law.
Employment and Industrial RelationsNews

Mamo TCV Advocates Delivers Training with 21 Academy

Mamo TCV Advocates delivered a three-hour presentation yesterday, in collaboration with 21 Academy, on frequently asked questions in employment law. Dr Warren Ciantar delved into data-protection issues; Dr Julian Fenech Adami examined immigration related matters, whilst Dr Christine Calleja dealt with general employment law and occupational health and safety queries. Next seminar will be delivered on the 24th April 2024 and will deal with recent employment law related cases.
Mamo TCV Advocates
21st March 2024
Mamo TCV - Legal Article
Employment and Industrial Relations

Industrial Tribunal Delivers an Award on a Dismissal of a Worker During his Notice Period

In the Industrial Tribunal case with number 4196/HW, the applicant claimed that he had been unfairly dismissed from his position with the respondent employer in the aftermath of his resignation, whilst he was working his notice period, and that he was owed a sum of money from commissions and unutilised leave. Firstly, the applicant argued that he had resigned from the workplace and was then dismissed by the employer during his notice period, and therefore the Industrial Tribunal should thus vary the reason for termination from a dismissal to a resignation. Following the plea raised by the defendant company, that…
Jake Buttigieg
6th March 2024
Employment and Industrial RelationsImmigration

Identità Malta Introduces Specialist Employee Initiative and Updates to the Key Employee Initiative

Identità Malta, formerly known as Identity Malta, has introduced a new initiative, the Specialist Employee Initiative, aimed at expediting the application process for skilled foreign workers. The initiative promises to process applications within fifteen (15) working days and is an extension of the existing Key Employee Initiative, which fast-tracks applications for highly skilled employees in a managerial or highly technical role within five (5) working days. To qualify for the Specialist Employee Initiative, the following criteria must be met: Minimum gross basic salary of €25,000; The position being offered in Malta is of a professional or technical level; and The…
Julian Fenech Adami
8th January 2024
Employment and Industrial Relations

The Introduction of the Employment Agencies Regulations of 2023

The Employment Agencies Regulations of 2023, which will come into force as from the 1st April 2024, introduce a new regime for regulating the services provided by employment agencies, which were, until now, largely unregulated. These Regulations target employment agencies that provide recruitment services, temporary work services and/or outsourcing services. Certain activities such as recruitment performed by an employer for employment in its own business, recruitment by marketing agents on behalf of any employer whose identity is clearly specified in an advertisement and outsourcing agencies offering professional, technical and surveying services, are excluded from the scope of these Regulations. The…
Christine Calleja and Klara Cachia
24th November 2023