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Employment and Industrial Relations

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Employment and Industrial RelationsNews

Court Judgment on Status of Employee

In a judgment delivered on the 30th September 2020, the Court of Appeal confirmed a decision of the Industrial Tribunal ("the Tribunal") which had found that the relationship between the applicant and the defendant company was not one of employment.The applicant had instituted proceedings before the Industrial Tribunal following the termination of his contract. He alleged that notwithstanding what his contract stated, he should be deemed an employee and therefore termination could only take place for a good and sufficient cause. Since the company had terminated his contract simply by giving notice according to the contract, he was therefore allegedly…
Christine Calleja
2nd October 2020
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Employment and Industrial Relations

How far should the employer go to provide alternative employment in case of health problems?

In a judgment delivered on the 1st July 2020 (case number 83/2019LM), the Court of Appeal considered the requirements of constructive dismissal. An ex-employee claimed that he had been forced to resign from his employment due to health problems which did not allow him to continue his job. Through his trade union, the employee requested the employer to provide him with alternative employment, but the company replied that none was available. After exhausting all his sick leave and a further period of unpaid leave, he decided to terminate his employment. The Tribunal had decided that the employee had not resigned…
Christine Calleja
10th July 2020
COVID19 MeasuresEmployment and Industrial RelationsLegal Updates

Government Issues an Updated Wage Supplement Scheme

On Monday 8th June 2020, the Maltese Government announced another financial aid package aimed at economic regeneration. Amongst the numerous measures put in place to assist businesses in recovering from the impact caused by the COVID-19 pandemic, the Government announced an updated Wage Supplement Scheme which is to take effect from July 2020 up until September 2020.In terms of the said updated Wage Supplement Scheme, those businesses which operate in the areas of tourist accommodation, air transport, event organization, travel agencies and language schools will remain eligible to benefit from an entitlement of €800 for each worker employed on a…
MamoTCV Advocates
15th June 2020
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COVID19 MeasuresEmployment and Industrial RelationsLegal Updates

COVID-19 Wage Supplement and Medical Benefit

The Maltese Government is providing businesses operating in certain sectors with a wage supplement for their employees. Applications for businesses to apply for the COVID wage supplement are now online. There are two lists of businesses with a corresponding benefit. Those listed in Annex A on the Malta Enterprise website (businesses operating in sectors which suffered drastically due to the pandemic and businesses which had to temporarily suspend their operations on the order of the Superintendent of Public Health) are entitled to up to 5 days' salary based on €800 per month. This applies also for self-employed workers. Part-time employees…
MamoTCV Advocates
30th March 2020
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COVID19 MeasuresEmployment and Industrial RelationsLegal Updates

COVID-19 Government Employment-Related Grants

The Maltese government has announced a number of employment related measures and grants in response to COVID-19.Applications are now available online for:1. Parent Benefit: A parent who is employed in the private sector, with children under the age of 16 years, who cannot go to work after the 8th March 2020 in order to take care of their children and cannot telework, are eligible for this benefit. The benefit is of €166.15 per week if the parent works full-time and €103.85 if the parent works part-time. The application can be downloaded here: https://socialsecurity.gov.mt/onlineforms/Pages/COVID19ParentBenefitEN.aspx2. Person with Disability Benefit: A person with…
MamoTCV Advocates
30th March 2020
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COVID19 MeasuresEmployment and Industrial Relations

Covid 19 – Employment Measures

COVID 19 – Employment MeasuresThe coronavirus has started taken its toll on Maltese business with many employers, especially those in the tourism and entertainment industry, having to shut down their operations temporarily. This article addresses the main queries which are being asked by employers in view of the current situation. What is quarantine leave?On the 13th March 2020, Legal Notice 62 of 2020 (the Minimum Special Leave Entitlement (Amendment) Regulations) came into force to make provision for quarantine leave. Quarantine leave is defined as "leave to be granted to the employee without loss of wages in such cases where the…
Christine Calleja
16th March 2020