Skip to main content
Tag

maltaemploymentlaw

The Legal Framework for Whistleblowing in Malta: A Guide for Employers and Employees Employment and Industrial Relations

The Legal Framework for Whistleblowing in Malta: A Guide for Employers and Employees

1 - Who is a whistleblower? The term ‘whistleblower’ refers to any employee who submits a disclosure to the designated Whistleblowing Reporting Officer, regardless of whether such disclosure qualifies as a protected disclosure. The status and protection of whistleblowers are regulated by the Protection of the Whistleblower Act (Chapter 527). 2 - Who qualifies as a whistleblower under the Act? The term ‘employee’ refers to any person who has entered into, or is engaged under, a contract of service with an employer. This definition also encompasses: Contractors Sub-contractors who perform work, provide services, or agree to carry out such work…
Justyne Falzon and Christine Calleja
17th October 2025
Construction Workers
New Construction Site Regulations Now in Force in Malta Employment and Industrial RelationsReal Estate & Construction

New Construction Site Regulations Now in Force in Malta

On the 7th of September 2025, the Health and Safety at Work (Minimum Health and Safety Requirements for Work at Constructions Sites) Regulations, 2025 (S.L. 646.27) (the “Regulations”) came into force. These Regulations have repealed the Workplace (Minimum Health and Safety Requirements for  Work  at  Construction  Sites)  Regulations (S.L. 646.25). In view of the inherent risks and dangers which can be met by persons present on-site, especially by workers, these Regulations include measures which aim to strengthen the health and safety model laid down by Council Directive 92/57/EEC (the “Construction Safety Directive”) to prevent accidents on construction sites and ensure…
Jeanine Mallia Schembri and Christine Calleja
12th September 2025
New Temporary Agency Workers Regulations
The New Temporary Agency Workers Regulations Coming into Force Next Month Employment and Industrial Relations

The New Temporary Agency Workers Regulations Coming into Force Next Month

The Temporary Agency Workers Regulations (S.L. 452.133) will come into force on 1st January 2025, replacing the present Temporary Agency Workers Regulations (S.L. 452.106). Who will be affected by the Regulations? The Regulations govern the relationship between the employment agency, the user undertaking and, the temporary agency workers or outsourced workers. The employment agency can either be a temping agency or an outsourcing agency who supplies  employees to the user undertaking, who in turn makes use of their services. The new Regulations will provide for an extension of the principle of equal treatment and equal pay between the employment agency…
Christine Calleja
17th December 2024
Health and Safety at Work
Updates on the Implementation of the Health and Safety at Work Act and Related Regulations Employment and Industrial RelationsReal Estate & Construction

Updates on the Implementation of the Health and Safety at Work Act and Related Regulations

Commencement of the Health and Safety at Work Act, 2024 and Repeal of the Previous Act and Regulations On the 26th November 2024, the Minister responsible for health and safety at work (the ‘Minister’) issued a commencement notice for the Health and Safety at Work Act, 2024 (the ‘Act’). Through this notice, the provisions of the Act were brought into force, thereby repealing the Occupational Health and Safety Authority Act (Cap. 424). On the same date, the Minister also repealed the Occupational Health and Safety Appeals Board (Procedure) Regulations (S.L.424.12) and the Occupational Health and Safety (Payment of Penalties) Regulations…
Jeanine Mallia Schembri
10th December 2024
The Law
Termination Based on Health Incapacity: Guidance for Lawful Termination Employment and Industrial RelationsLitigation & Dispute Resolution

Termination Based on Health Incapacity: Guidance for Lawful Termination

In case number 4109/JHP decided on 25 November 2024, the Industrial Tribunal upheld the dismissal of a former employee by a Company, determining that the termination was lawful and justified. The case centered on the employee, who had served as a Senior Customer Support Agent, and whose ongoing mental health challenges and resulting inability to perform his duties led to his dismissal. The Tribunal highlighted that the Company made considerable efforts to support the former employee throughout his period of difficulty. These included granting medical leave, approving his request to travel to his home country for recuperation, and arranging meetings…
Kristen Camilleri and Christine Calleja
3rd December 2024
Mamo TCV Advocates: Understanding the Health and Safety at Work
Understanding the Health and Safety at Work Act: Key Concepts and Recent Changes Employment and Industrial RelationsReal Estate & Construction

Understanding the Health and Safety at Work Act: Key Concepts and Recent Changes

On the 9th of August 2024, the Health and Safety at Work Act, Act XXXIII of 2024 (Chapter 646 of the Laws of Malta) (hereinafter referred to as the ”Act”) was published by Parliament. Upon coming into force, the Act shall repeal the Occupational Health and Safety Authority (“OHSA” or “Authority”) Act (Chapter 424 of the Laws of Malta) and its subsidiary legislation. The Act implements principles found in the Framework Directive (89/391/EEC) for health and safety at work, which principles are applicable across the European Union. Objectives and the Scope of the Act The primary objective of the Act…
Jeanine Mallia Schembri
23rd August 2024