Feb
08

Beware of ‘Positive Discriminatory’ Measures

News_BGR
In a judgment delivered recently by the Court of Justice of the European Union, Austrian legislation was in the limelight. A particular law provided that Good Friday was a paid public holiday for members of certain religious congregations only. If a member of such a congregation did work on that day, he was entitled to additional pay. Such an entitlement was not based on any condition that the employee in question had to perform a particular religious duty during that day. Therefore, the employee was free to choose how to spend his time during that day. The Court ...
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Feb
05

Regulations to Aid Undertakings Providing Professional Training to Employees

News_APPA
On the 25 th January 2019, the Minister for the Economy, Investment and Small Businesses published the "Skills Development Regulations, 2019",  [1] which aim to financially assist those undertakings that offer schemes of professional training to their employees. The regulations apply to the period between the 1 st September 2018 and the 31 st December 2020. They also repeal the "Assistance for Knowledge Transfer Regulations", but such repeal should not affect any aid previously awarded by virtue of their past application.  [2] Under the new regulations, ...
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Jan
31

Amendments to the Family Business Act Come Into Force

News_FN
Act XLVIII of 2016, entitled the Family Business Act (the "Act"),  [1] creates a legal framework for the registration of family businesses "established in Malta".  [2]  The system of registration contained in the Act allows Maltese authorities to supervise the grant offinancial "benefits"  [3]  to those businesses that meet any of the criteria set out in Article 3 of the Act, and which have been duly registered with "the Regulator". [4] Indeed, Article 7 of the Act provides that a business shall be a registered family business once it has ...
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Jan
26

Jurisdiction of the Industrial Tribunal in the Case of Fixed Term Contracts Successfully Challenged

News_Hammer
By its judgment of the 25 th of January 2019 in the names Galea vs. L-Università ta' Malta , the Court of Appeal decided that cases of termination of fixed term employment contracts do not fall within the Industrial Tribunal's competence. [1] The Court considered Article 75(1) of the Employment and Industrial Relations Act (Cap. 452 of the laws of Malta), which lays down the jurisdiction of the Industrial Tribunal. The Court concluded that the Tribunal had no jurisdiction under sub-article (a) which speaks about 'alleged unfair dismissal' and this due to the ...
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Jan
25

Amendments to the Maritime Labour Convention, 2006

News_MT_Mar_Shipping
The 2016 Amendments to the Code of the Maritime Labour Convention, 2006 entered into force on 8 January 2019. These amendments introduced specific provisions to provide further protection to seafarers against shipboard harassment and bullying, and to allow for an extension of the validity of full term Maritime Labour Certificates. Guideline B4.3.1 concerning the provisions on occupational accidents, injuries and diseases has been amended so as to include harassment and bullying. Additionally, a reference is provided to the latest Guidance on eliminating shipboard ...
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