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Natalino Caruana De Brincat - Legal - Attorney

Natalino Caruana De Brincat - Legal - Attorney

Qormi, Malta

Founded in 2000
50 people in their team
NATALINO CARUANA DE BRINCATB.A. (Hons), LL.B, Dip Notary Public (Melit), Dip Infosys, MBA (Leics), LL.M (Leics), LL.D (Melit).Natalino Caruana...
Maltese
English

About Employment & Labor Law in Qormi, Malta

Employment & Labor law in Qormi, Malta is a comprehensive legal framework designed to regulate the relationship between employers and employees. This framework ensures fair treatment, equitable pay, safe working conditions, and protection of both parties' rights. Boasting a rich industrial and commercial history, Qormi's workforce is diverse, and the local employment laws reflect both European Union directives and national regulatory frameworks.

Why You May Need a Lawyer

Seeking legal assistance in employment and labor matters can be crucial for several reasons:

  • Unfair Dismissal: If you believe you have been unjustly terminated from your job, a lawyer can help you understand your rights and pursue legal action.
  • Workplace Discrimination: Experiencing discrimination at work based on age, gender, race, disability, or other factors is illegal. A lawyer can assist you in addressing these issues.
  • Contract Disputes: Contracts often contain complex language and conditions. A lawyer can help interpret these and ensure your interests are protected.
  • Wage and Hour Issues: If your employer is not compliant with wage regulations or working hour laws, legal assistance can help rectify such grievances.
  • Harassment: Legal help can guide you in dealing with unwanted conduct or harassment in the workplace.
  • Health and Safety Violations: Ensuring a safe working environment is a legal right. A lawyer can help address violations effectively.

Local Laws Overview

Key aspects of Employment & Labor law in Qormi, Malta include:

  • Employment Contracts: Employers must provide written contracts detailing terms, conditions, and job roles.
  • Minimum Wage: Specific regulations ensure that all employees receive at least the national minimum wage.
  • Working Hours: There are legal limits on working hours and mandatory provisions for rest periods and breaks.
  • Health and Safety: Employers are required to maintain safe working environments and comply with Occupational Health and Safety regulations.
  • Discrimination Laws: Strong laws are in place to protect employees from discrimination and promote equal opportunities.
  • Dismissal Procedures: Legal protocols must be followed for both termination and redundancies to ensure fairness.

Frequently Asked Questions

What constitutes unfair dismissal in Qormi, Malta?

Unfair dismissal occurs when an employee is terminated without a valid reason or not in accordance with the law. Valid reasons typically relate to the employee’s conduct, capacity, or operational requirements of the business.

Are employees entitled to written contracts?

Yes, employers must provide written contracts within 8 working days from the commencement of employment. It should include job descriptions, pay rates, hours of work, and other crucial terms.

What is the minimum wage in Malta?

The minimum wage in Malta is subject to annual adjustments. It's crucial to check the latest figures, but generally, it ensures a standard rate of pay for all regular employment.

What are the standard working hours?

The standard working hours typically should not exceed 40 hours per week, excluding overtime, although some flexibility exists depending on the industry and employment agreement.

How should workplace harassment be handled?

Employees should report any harassment incidents to their supervisor or human resources department. If the issue persists, legal advice may be necessary to address the situation comprehensively.

Are there specific laws protecting against workplace discrimination?

Yes, Maltese law prohibits discrimination based on race, gender, age, disability, sexual orientation, religion, and other protected characteristics. Equal treatment is a legal right.

What actions can be taken if health and safety regulations are violated?

If health and safety regulations are violated, employees can report the issue to their employer, or escalate it to the Occupational Health and Safety Authority (OHSA). Legal advice might help if the issue is serious and persistent.

What are my rights if my employer fails to pay my wages?

Employees are entitled to timely payment of their wages as per their employment contract. Legal proceedings can be initiated if an employer fails to meet this obligation.

What is redundancy and what rights do employees have?

Redundancy occurs when positions are no longer necessary. Employees have rights including notice periods, severance pay, and the possibility of alternative employment within the organization.

Can an employment contract be changed unilaterally by the employer?

No, any significant changes to an employment contract typically require the employee’s consent. Unilateral changes may be contested legally.

Additional Resources

For further information and assistance, consider the following resources:

  • Department of Industrial and Employment Relations (DIER): This government body provides guidance on employment laws and regulations.
  • Occupational Health and Safety Authority (OHSA): Offers resources and assistance related to workplace health and safety.
  • Trade Unions: Local trade unions provide support and advice to employees concerning labor rights and issues.
  • Legal Aid Malta: Offers legal support and advice for individuals unable to afford private legal services.

Next Steps

If you require legal assistance in Employment & Labor matters in Qormi, Malta:

  1. Document all relevant information related to your issue, including contracts, correspondence, and any incident reports.
  2. Contact a specialized employment lawyer in Qormi to discuss your situation and explore your legal options.
  3. Utilize local resources like DIER or OHSA for additional support and guidance.
  4. Stay informed about your rights and responsibilities as an employee or employer in Malta.

Taking proactive steps can help you navigate the complexities of employment law effectively and ensure that your rights are protected.

Disclaimer:
The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.