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Chapter 452 of the Laws of Malta
This is an overview of employment law. It tends to be more concentrated on the employer – employee relationship. It also concentrates on how we deal with human resources. Transfer of business is an important issue – taking existing employees as well as new ones. One needs to know what the implications are if one has to merge with another company. One has to establish what the problem areas are and what the basic solutions are. One needs to know the rules for dismissal. The company has to take into account the rights of the employee as well as the industrial relations aspect – consulting the Unions, impact on employers’ positions. Protection of employees is very important.
Chapter 452: Employment Industrial Relations Act
The law was brought into effect in 2002 and started being effective in 1st January 2003. The law has been changing according to EU standards. There has been some ...view middle of the document...
The comparable whole time employee is the baseline against which everything is compared. In order to establish the conditions of employment, one has to look at the comparable whole time employee and determine how much he would receive for 10 hours of work. This means that a part timer should receive the same pay (pro-rata). Everybody’s hour is to be measured against comparable whole time employee. Vacation and leave also worked on pro-rata amount (proportionate)
* Conditions of employment: relate to everything that in the normal course of events that have to do with the job. All employees should have the same conditions with the base line of the comparable whole time employee.
* Contract of service: this is the basic document. You have to give an employee a written statement of conditions of employment. Law requires a written document which gives the specific conditions of employment. There is a difference between a contract OF service (employment contract) and a contract FOR service (as independent professionals, you have to come into agreement to give certain services to the principal – professional relationship). The law tells us that a person who performs services at the instructions of another as an employee, whatever the relationship is called, is an employee. Therefore, if in reality it is clear that the person giving a service is an employee, it is not relevant whether you call this a contract of/for service. As a lawyer, one could bind himself to give service to one customer and charge him VAT, etc for the law, the lawyer is an employee.
* Discriminatory Treatment: treatment which is different from one person to another and based on amongst other things, the usual grounds for discriminations i.e. gender, race, etc. The law does not mention age but this must be taken into consideration when referring to other regulations related to equality. The law refers to any difference in treatment which is not justifiable in a democratic society.
* Unfair dismissal: a dismissal that takes place outside the probationary period and not by means of redundancy.
* Trade dispute: any dispute connected to the place of work – normally between unions and employers. Union is not protected in the case of an industrial dispute.