Entering the context of employment and labour law is a complex task for any business. At Sciberras Advocates, we specialise in addressing these intricacies, ensuring both employers and employees are well-informed and protected. In this article, we delve into the various stages of employment – from pre-employment considerations to the termination process – highlighting key areas and legal intricacies that employers need to be aware of.
The foundation of any employment relationship is the employment contract. This legally binding document outlines the terms and conditions of employment, including job responsibilities, salary, benefits, working hours, and termination procedures. It is crucial for employers to draft clear, comprehensive contracts to prevent future disputes and ensure compliance with Maltese labour laws. Key components of an employment contract include clear remuneration and benefits, working hours and conditions, duration of employment, termination clauses and confidentiality agreements.
During employment, and as the business grows, an employer might need to tackle certain aspects which are important for the smooth running of the business. These include but are not limited to workplace policies, whistleblowing policies, special incentives, harassment and discrimination policies, and flexible employment arrangements depending on new situations encountered by both the employer and the employee. In fact, very often, as an organisation grows and starts employing more and more employees, an employee handbook could be very beneficial for all parties. The employee handbook serves as a comprehensive guide for employees, detailing company policies, procedures, and expectations. A well-crafted employee handbook can prevent misunderstandings and provide a reference point for resolving disputes.
Workplace policies are essential for maintaining a structured and compliant work environment. These policies can also cover a range of areas such as conduct, attendance, health and safety, and the use of company resources. Properly documented policies help mitigate risks and provide a clear framework for both employees and employers. It is however of utmost important that such handbook is kept updated with legislative changes and ensuring compliance is critical for employers to avoid legal pitfalls.
When it comes to termination of an employment, there are various scenarios to consider such as the most commonly resignation or expiry of contract, but also dismissal. Dismissing an employee should always be the last resort. Employers must follow a fair procedure, provide adequate notice, and ensure the dismissal is for a valid reason. Proper documentation and adherence to legal requirements are essential to avoid claims of wrongful termination and unfair dismissals. Settlement agreements can also be used to resolve disputes and end employment relationships amicably. These agreements typically involve a severance package in exchange for the employee waiving their right to bring future claims against the employer.
In addition to the above, it's good to note that in the event of a business transfer, employees' rights must be protected, and that employees' terms and conditions of employment must be maintained post-transfer.
Employment and labour law in Malta is a multifaceted area that requires careful navigation to ensure compliance and protect the rights of both employers and employees. At Sciberras Advocates, we are committed to providing expert guidance and support in all aspects of employment law, from drafting contracts to resolving disputes and managing terminations. By understanding and addressing the complexities of employment, businesses can foster a fair, productive, and legally compliant workplace.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.