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Employment and Industrial Relations

New Leave Entitlement: Medically Assisted Procreation in Malta

On the 30th May 2017, new Regulations came into force – Leave for Medically Assisted Procreation National Standard Order (S.L. 452.114).The Regulations grant a period of paid leave to employees who undergo the process of medically assisted procreation. The prospective parents shall be entitled to 100 hours of leave with full pay between them, which leave is to be paid by the employer. The entitlement to one hundred hours of leave for medically assisted procreation with full pay shall be granted for every process of medically assisted procreation, up to a maximum of three processes. The 'receiving person' shall be…
Christine Calleja
22nd June 2017
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News

Nick Valenzia participates in Lifecycle Challenge

Our very own Nick Valenzia will be participating in this year's Life Cycle Challenge. The Life Cycle Organisation has for the past 19 years been exclusively assisting and supporting patients suffering from renal failure and complications. Life Cycle is a cause which is very dear to Nick's heart as he completed the Challenge in 2009. In 2009 he had crossed from Istanbul to Syria passing though territories which today have been unfortunately ravaged by conflict. This year's challenge will see the cyclists cross from Nairobi (Kenya) to Dar El Salam (Tanzania).You can support the Life Cycle Organisation by making a donation…
MamoTCV Advocates
1st June 2017
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NewsTelecoms, Media & Technology

Mamo TCV Advocates launches GDPR Microsite (www.gdprmalta.com)

​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​On ​​​​​​​​​​​​​​​​​​​25 May 2018, the EU General Data Protection Regulation (GDPR) will repeal and replace the main data protection laws of all Member States, including Malta. Maltese organisations have less than a year to prepare for the many new, and in some cases, onerous obligations introduced by the GDPR. We have recently launched our GDPR microsite (www.gdprmalta.com) that provides easy to read information and resources about the new EU Regulation. Download our free GDPR Guidelines, subscribe to our GDPR mailing list and get in touch with our data protection experts (dataprotection@mamotcv.com) to learn more!The GDPR at a glance:✓ Fines up to ​​​€20,000,000 or…
Claude Micallef Grimaud
25th May 2017
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Litigation & Dispute Resolution

Invoking an arbitration clause in a contract subject to Maltese law

The Maltese Arbitration Act was meant inter alia to confirm in general the supremacy of the will of the parties to a contract containing an arbitration clause, to choose arbitration to the exclusion of ordinary courts. In view of recent developments in case-law interpreting and applying a provision in the same Arbitration Act, the ordinary courts seem to be fighting back to retain more than the residual authority which the courts traditionally retained for themselves when the contracting parties would have agreed on an arbitration clause. DisclaimerThis document does not purport to give legal, financial or tax advice. Should you…
Stephen Muscat
18th May 2017
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Employment and Industrial Relations

Limiting the applicability of post-termination restraints on employees in Malta

The First Hall of the Civil Court delivered a judgment on the topic of post-termination of employment restrictive clauses, in the names of Cutrico Services Ltd vs Josef Penza (23rd February 2017). This judgment highlights the importance of careful drafting of employment contracts, in particular as regards restraints on the employees, since these can easily be considered as being against competition. The defendants's employment contract had contained a restrictive clause which provided that he was not, for his own account or for that of any other person, firm or company, solicit or interfere or endeavour to entice away from the…
Christine Calleja
28th April 2017
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Employment and Industrial RelationsNews

New Rights for Adoptive Parents – the Adoption Leave National Standard Order

​On the 10th October 2016, new Regulations came into force, giving new rights to employees who have adopted a child, analogous to maternity leave. Prior to the Regulations, employees who adopted a child were only entitled to unpaid parental leave.The Adoption Leave National Standard Order (Subsidiary Legislation 452.11) provides that an employee who is the parent of an adopted child is entitled to an uninterrupted period of eighteen weeks' adoption leave, corresponding to the eighteen weeks' maternity leave. Similarly, also to maternity leave, only the first fourteen weeks are to be paid leave by the employer. If both parents are…
Christine Calleja
21st February 2017