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Chapter of the Laws of Malta. Business Promotion Act originally Act 21 of Employment and Industrial Relations Act Act 22 of This law defines the contract of employment or "contract of service" as an agreement, other than service as a member of a disciplined force whether oral or in writing, in any form, whereby a person binds himself to render service to or to do work for an employer, in return for wages.
The law adds to in so far as conditions of employment are concerned the definition of contract of employment includes an agreement of apprenticeship. Unlimited and fixed-term contracts of employment The parties to a contract of employment can freely determine whether the contract will be agreed upon for an unlimited period of time or for a fixed-term.
However, where an employee has been retained in employment after the date of termination of a contract of service for a specified time or has been re-employed by the employer for a fixed or indefinite term within one year from the date of termination of a contract of service for a specified time, the conditions of employment shall not be less favourable than those which would have been applicable had the contract of service been for an indefinite time and the aggregate probationary period shall in no case be longer than six months.
Furthermore, the conditions of employment in a fixed term contract shall not be less favourable than those which would have been applicable had the same contract of employment at the same place of work been for an indefinite time, unless different treatment is justified on objective grounds. The law also states that any employee on a fixed term contract of service whose contract has expired and is retained by his employer shall be deemed to be retained on an indefinite period contract if the said employee is not given a new contract of service within the first twelve working days following the expiry of the previous contract arts.
Special contracts of employment There is no scope for recognising special contracts of employment, as may occur in relation to persons who are notionally self-employed but who are dependent for their income on one main contractor.
Probation The probationary period base line is six months throughout, but extended to one year for salaried positions of responsibility.
Suspension of the contract of employment The suspension of one or more employees constitutes legitimate ground for declaring a trade dispute. Termination of the contract of employment Under the Law an employer may dismiss the employee and the employee may abandon the service of the employer, without giving notice and without any liability to pay compensation if there is good and sufficient cause for such dismissal or abandonment of service.
However, the law also specifies that the following may not be considered as a good and sufficient cause: Notice A contract of employment for an indefinite time may be terminated, by giving notice, by the employee without assigning any reason and by the employer, only on grounds of redundancy: However, notice of termination of employment may not be given during maternity leave or during the period of incapacity for work or during such other period as the Minister may prescribe.
Severance payment There is no statutory provision for severance payments at law. However, it is common practice for trade unions or individual employers to negotiate or offer severance payments in specific cases, especially in matters of collective redundancy.
Such measures may also be enshrined within extant collective agreements. Termination upon retirement According with the law an employer can terminate the employment of an employee when the employee reaches retirement age as defined in the Social Security Act.
Unfair dismissal The law defines unfair dismissal in the following terms: Remedies in case of unjustified dismissal The Industrial Tribunal now enjoys exclusive jurisdiction to consider and decide all cases of alleged unfair dismissals, including those of employees under a fixed-term contract of employment.
In cases where the Industrial Tribunal finds in favour of the dismissed employee it may order reinstatement when it considers that it would be practicable and in accordance with equity, for the complainant to be reinstated or re-engaged by the employer.
In other cases the Tribunal will order compensation only. Typically it will not order reinstatement when the employee occupied a position of special trust nor in cases where the employee has not made a specific request for reinstatement.
In such cases the Tribunal will order adequate compensation only. Termination at the initiative of the employee A contracted employee is bound to give notice to the employer, in accordance with the notice periods already specified.
Hours of work Legal Working Time. Overtime and Overtime Rates: The Constitution of Malta Article 13 lays down that all workers shall have, and indeed may not renounce to, one day of rest per week as well as paid leave; the same article also states that national legislation shall stipulate the maximum statutory number of normal working hours.
The new labour code comes along at a time when the conditions of employment of many specific sectors continue to be regulated by specific wage regulation orders.
These still allow specific occupational groups to have a normal working week in excess of 40 hours. Examples include cinemas and theatres 46 hours ; drivers of hired cars 46 hours ; paper, plastics, chemicals and petroleum 44 hours ; public transport 48 hours.
In the case of other occupations, such as teachers, the normal working week for full-timers is of 28 hours. Specific working time patterns and arrangements, as well as payment terms, are negotiated and included in a variety of collective agreements.
So far, employees have not been able to refuse overtime requests from employers.
Paid leave The number of days of paid vacation leave is not legally codified: Currently, employees enjoy the equivalent of five working weeks plus four days of paid vacation leave per annum.
They also benefit from 14 public holidays with pay per year: It protects such workers from dismissal resulting from their condition; and obliges a minimization of exposure to risks through the adjustment of working conditions or through the temporary transfer to another activity.
If any of these two measures is not possible or feasible, then special paid leave must be made available.Sep 05, · Plymouth Sutton (UK Parliament constituency) Plymouth, Sutton was, from until , a borough constituency represented in the House of Commons of the Parliament of the United Kingdom.
It elected one Member of Parliament (MP) by the first past the post system of election.
The Guardian’s picture editors bring you photo highlights from around the world, including a military display in North Korea and inland surfing Gallery Sunflowers, fireworks and barricades. One November morning as I drove to work, the radio cackled with news of my reward for taking this chance--the Nobel Prize in chemistry shared with colleague Ed McMillan.
At 39, I was one of the youngest winners ever of the world's most prestigious award. The Rothschilds have been in control of the world for a very long time, their tentacles reaching into many aspects of our daily lives, as is documented in the following timeline. National Labour Law Profile: Malta National Labour Law Profile: Malta.
Citizenship – its regulation via birth, descent and registration. in Following the election of Malta’s first-ever Labour Government in , a Conciliation & Arbitration Act was promulgated in This laid down the machinery to be used for the.
What is a Voter ID Card and its use In August, , the Election Commission of India ordered the making of photo identity cards for all voters of the country in an attempt to improve the accuracy of the electoral rolls and prevent electoral fraud.