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Employment and Labour

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Employment and Industrial Relations

European Commission Proposals in the area of Employment Law

Increased labour mobility within the European Union has led the European Commission to propose a European Labour Authority with the main objectives of ensuring easier access to information for individuals and employers and strengthening cooperation between national authorities in cross-border enforcement and inspections. Cooperation and exchange of information will be achieved by establishing national liaison officers from each Member State. The Authority will also have the task to provide mediation between national authorities in cases of disputes between Member States on the application of EU law concerning labour mobility. A legislative proposal was presented in March 2018 and it is…
Christine Calleja
21st November 2018
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Employment and Industrial Relations

European Commission Proposals in the area of Employment Law

Increased labour mobility within the European Union has led the European Commission to propose a European Labour Authority with the main objectives of ensuring easier access to information for individuals and employers and strengthening cooperation between national authorities in cross-border enforcement and inspections. Cooperation and exchange of information will be achieved by establishing national liaison officers from each Member State. The Authority will also have the task to provide mediation between national authorities in cases of disputes between Member States on the application of EU law concerning labour mobility. A legislative proposal was presented in March 2018 and it is…
Christine Calleja
21st November 2018
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Employment and Industrial RelationsLegal Updates

Transfer of Business Requirements Considered in Employment Related Dispute

 In a judgment delivered on the 5th of October 2018, in the names of Antoinette Farrugia vs Optical (CCSG) Company Limited and Classic Group (Appeal nr. 16/2018) the Court of Appeal (Inferior) considered that the decisive criterion for establishing whether a transfer of business had taken place was whether the business in question had retained its identity and thereby whether the business had actually continued or resumed the same or similar activities.Moreover, the Court stated that a transfer of business may also be effected in two stages, the first stage being the transfer of the undertaking from the original lessee…
MamoTCV Advocates
9th October 2018
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Employment and Industrial RelationsLegal Updates

Transfer of Business Requirements Considered in Employment Related Dispute

 In a judgment delivered on the 5th of October 2018, in the names of Antoinette Farrugia vs Optical (CCSG) Company Limited and Classic Group (Appeal nr. 16/2018) the Court of Appeal (Inferior) considered that the decisive criterion for establishing whether a transfer of business had taken place was whether the business in question had retained its identity and thereby whether the business had actually continued or resumed the same or similar activities.Moreover, the Court stated that a transfer of business may also be effected in two stages, the first stage being the transfer of the undertaking from the original lessee…
MamoTCV Advocates
9th October 2018
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Employment and Industrial Relations

Of Annual Leave, Payslips, Transfers of Business and Temporary Agency Workers

On the 10th of August 2018, four Legal Notices came into force, amending existing employment laws and introducing new provisions therein.The legal notice which is of primary and general interest is Legal Notice 271 of 2018 - The Annual Leave National Standard Order, which lays down minimum requirements related to the entitlement of annual leave in terms of the Organisation of Working Time Regulations. The Order answers many queries which are frequently asked by employers and employees alike and which so far have been subject to various interpretations and conclusions. Leave is to be used on days as agreed between…
Christine Calleja
17th August 2018
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Employment and Industrial Relations

Of Annual Leave, Payslips, Transfers of Business and Temporary Agency Workers

On the 10th of August 2018, four Legal Notices came into force, amending existing employment laws and introducing new provisions therein.The legal notice which is of primary and general interest is Legal Notice 271 of 2018 - The Annual Leave National Standard Order, which lays down minimum requirements related to the entitlement of annual leave in terms of the Organisation of Working Time Regulations. The Order answers many queries which are frequently asked by employers and employees alike and which so far have been subject to various interpretations and conclusions. Leave is to be used on days as agreed between…
Christine Calleja
17th August 2018