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Hiring and firing law in Imsida, Malta is governed by national Maltese employment legislation, which sets out the rights and responsibilities of both employers and employees. This area of law covers the procedures for recruiting new staff, the terms and conditions of employment contracts, workplace rights, and the correct process for terminating employment. While Imsida follows Malta's national rules, local practices and customs may sometimes play a role in employment relationships within the town's businesses and institutions, especially in small and medium enterprises.
Legal advice can be crucial in several hiring and firing situations. Common scenarios include disputes over unfair dismissal, the drafting or negotiation of employment contracts, issues related to redundancy or restructuring, wrongful termination claims, workplace discrimination, and navigating the procedures for letting employees go in compliance with Maltese law. Both employers and employees may require legal support to ensure their rights are protected, avoid costly mistakes, and find amicable solutions to employment disputes, whether in Imsida or elsewhere in Malta.
Employment relationships in Imsida are regulated by the Employment and Industrial Relations Act (EIRA) and various subsidiary legislations. Key legal aspects include:
Employers in Imsida must therefore ensure compliance with all applicable national laws as well as local collective agreements, if relevant.
An employment contract must specify details such as position, salary, working hours, probation period, notice period, leave entitlements, and the roles and obligations of the employee and employer.
Notice periods depend on the length of service. For example, after one month, a week is required; after one year, two weeks; increasing every year up to a maximum of twelve weeks for long-term employees.
Unfair dismissal occurs when an employee is terminated without a valid or just cause, without following due process, or in cases of discrimination or retaliation.
Yes, both employer and employee can terminate employment during the probation period, typically with one week’s notice if the employee has been employed more than one month.
Yes, Maltese law prohibits discrimination based on gender, age, religion, race, disability, sexual orientation, or political opinion in both hiring and firing.
Redundancy must be genuine and follow a fair procedure. The most recently hired in the affected category are typically made redundant first. Redundant employees are entitled to compensation.
First, internal grievance procedures should be followed. If unresolved, disputes can be taken to the Department of Industrial and Employment Relations (DIER) or before the Industrial Tribunal.
Yes, if requested by the employee, the employer is required to provide a written statement of the reasons for termination within four working days.
Yes, fixed-term contracts end on a specified date unless renewed, and require compensation if terminated early without just cause.
Yes, restrictive covenants such as non-compete clauses can be included but must be reasonable in scope, duration, and geographic coverage to be enforceable.
If you need further information or assistance regarding hiring and firing in Imsida, Malta, the following resources can be helpful:
If you encounter an issue related to hiring or firing in Imsida, Malta, consider the following steps:
Getting professional legal advice early in the process can help clarify your position, safeguard your rights, and achieve a better outcome whether you are an employee or employer.
