Employment and Industrial Relations Law

Novolegal may provide employers and employees alike with advice and assistance on a number of employment related matters. We recognize the increased globalisation of the workforce and thus provide ancillary services including the obtainment of employment licenses for foreign nationals, and advise on matters such as posting of workers and secondments.

Work Permits

Non-EU/EEA/Swiss nationals cannot work in Malta without obtaining a permit. Novolegal assists its client with identifying the opportune permit and supports its clients throughout the respective application process. Novolegal also represents its clients before the competence boards and tribunals should its clients seek to appeal an unfavorable decision.

Employment Agreements

Contracts of employment may be concluded between an employer and an employee either for a fixed term or for an indefinite term without a stipulated termination date.

Industry - Specific conditions of employment

family members enjoy the right of free movement in the EU, EEA and Switzerland. EU, EEA and Swiss nationals may thus reside in Malta as workers, self-employed persons, economically self-sufficient persons or students without obtaining a permit. 

Industrial Tribunal

The Industrial Tribunal is a juridical tribunal which has exclusive jurisdiction to decide on cases of alleged unfair dismissal, discrimination, victimisation, harassment, as well as claims for sums which may become due to a worker or to an employer following the termination of a contract of service for a fixed term before the expiration of the term definitely specified in the contract. 

Transfer of Business

When a business is taken over wholly or partly by a person (‘transferee’) from any employer (‘transferor’), employees that are employed by the transferor are deemed to be in the employment of transferee who takes over the business. Such new employer takes on the rights and obligations which the transferor had towards the employee.

Malta data protection and privacy

Employers collect, store and use all types of employees’ personal data in the course of employment relationships, including information relating to employees’ application, CV, payroll, medical history and employment benefits.

While in the context of employment data protection is hugely important, sharing of personal data extends beyond such. Ensuring compliance with Data Protection Legislation is  pertinent to safeguard personal data and avoid hefty data protection fines which may range well into the millions.

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Get in touch with any queries you may have. Our team of advocates look forward to providing you with tailor-made solutions.