Best Hiring & Firing Lawyers in Malta

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Mifsud & Mifsud Advocates
Valletta, Malta

Founded in 2007
8 people in their team
Maltese
English
Mifsud & Mifsud Advocates is a business law firm, which has competencies in civil and commercial litigation, IP law, property law, immigration law, family law and shipping and maritime law. We also offer corporate services services for our corporate clients. The Firm is also part owner of a...
Ryan Ellul Advocates
Paola, Malta

English
Ryan Ellul Advocates, based in Malta, offers comprehensive legal services tailored to meet the diverse needs of its clients. The firm is committed to delivering competent legal advice promptly and effectively, focusing on the specific requirements of each client. By engaging in creative...
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GS Advocates
Sliema, Malta

English
GS Advocates is a boutique law firm in Malta, specializing in Maritime and Transport Law. The firm offers comprehensive services including ship and yacht registrations, ship finance, and maritime litigation. Their clientele encompasses vessel and cargo owners, port service providers, shipyards,...
Lawyers in Malta
Valletta, Malta

English
Fenech & Fenech Advocates, established in 1891, is one of Malta's most distinguished law firms, offering comprehensive legal services across various sectors. The firm's expertise encompasses shipping and maritime law, international trade, tax, financial services, and technology, media, and...

Founded in 2014
English
SMM Group | Malta Law Firm - Advisory | Legal | Corporate delivers comprehensive legal solutions across a diverse range of practice areas within the Maltese jurisdiction. The firm’s team of seasoned attorneys provides specialized counsel in family law, divorce, employment matters, insurance...

English
Grand Legal Malta, led by Dr. Alexandr Boiciuc, offers comprehensive legal services to both private individuals and corporate clients. The firm specializes in litigation, arbitration, and negotiation across civil and criminal law, representing clients in all Maltese courts. Additionally, the...
CLA Malta
Imsida, Malta

Founded in 1974
English
CLA Malta, with over 50 years of experience, specializes in tax consultancy, accounting, and tax preparation services. The firm offers a comprehensive suite of services, including advisory and transactional support, direct tax compliance, and tax efficiency reviews. Their expertise extends to...
EMD Advocates
Valletta, Malta

Founded in 2000
60 people in their team
English
Malta Legal, Tax & Corporate Services | EMD AdvocatesAt EMD Advocates, we take pride in being one of Malta’s leading law firms, offering a full range of legal, tax, and corporate services to individuals, businesses, and international organisations. As the legal arm of the EMD Group, we are...

Founded in 2002
10 people in their team
Maltese
English
Gonzi & Associates, Advocates is a business boutique law firm established in Malta specialised primarily in the fields of Financial Services, Commercial Law, Corporate Law and Taxation, Gaming and Telecoms Law, and Intellectual Property Law. This expertise in specific legal fields allows our...
Ganado Advocates
Valletta, Malta

Founded in 1900
50 people in their team
Maltese
English
Ganado Advocates has a long heritage. Founded originally in Valletta - Malta’s capital city - we trace our roots back to the early 1900’s. Today, we are one of Malta’s foremost law practices.Having contributed directly over several decades towards creating and enhancing Malta’s hard-won...
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About Hiring & Firing Law in Malta

Hiring and firing laws in Malta are governed by a mixture of EU directives and local legislation designed to protect both employers and employees. The Employment and Industrial Relations Act (EIRA) is the primary piece of legislation that regulates employment relationships on the island. Maltese law covers various aspects, from employment contracts to termination notices, aiming to ensure fair treatment within the workplace. Given Malta's status as an EU member and a hub for international business, the regulatory landscape is continuously evolving, emphasizing the protection of workers while maintaining a healthy business environment.

Why You May Need a Lawyer

There are several situations where legal advice may be necessary regarding hiring and firing in Malta. Employers may need assistance drafting employment contracts to ensure compliance with local and EU laws. Disputes may arise over termination notices, severance payments, or if an employee feels they have been unfairly dismissed. Additionally, both employers and employees might require legal representation in disputes before the Industrial Tribunal or other judicial bodies. Navigating these situations without professional guidance can be complex and risky.

Local Laws Overview

Key aspects of local laws relevant to hiring and firing in Malta include:

  • Employment Contracts: Contracts must clearly outline terms of employment, probationary periods, and grounds for termination.
  • Probation Periods: Typically lasting up to six months, during which either party can terminate the contract with a week's notice.
  • Notice Periods: Vary based on duration of employment, ranging from one week for under six months of employment to 12 weeks for those employed for more than 10 years.
  • Unfair Dismissal: Employees can lodge complaints if they believe their dismissal wasn't based on valid grounds, wasn't in line with contractual terms, or violated statutory rights.
  • Collective Redundancies: Specific regulations govern terminations involving collective dismissals, requiring consultations with worker representatives and notification to the Director of Employment and Industrial Relations.
  • Industrial Tribunal: Provides a forum for resolving disputes concerning employment terminations and conditions.

Frequently Asked Questions

What constitutes an unfair dismissal in Malta?

Unfair dismissal occurs when an employee is terminated without just cause or when proper procedures are not followed. Grounds for justified dismissal include misconduct, inability to perform duties, or redundancy.

How is severance pay calculated in Malta?

Severance pay is typically based on the length of service and the terms outlined in the employment contract. Employers should ensure compliance with any relevant collective agreements when determining severance packages.

What is the process for dispute resolution with an employer?

The Industrial Tribunal in Malta handles employment disputes, including issues related to unfair dismissal. Both parties can be represented, and the Tribunal's decision is binding, although appeal options exist.

Can an employer change employment terms without consent?

Generally, any changes to employment terms should be mutually agreed upon. Significant unilateral changes by an employer could be contested if they are deemed to breach the employment contract.

Are fixed-term contracts regulated differently?

Yes, fixed-term contracts must specify an endpoint and should not exceed a cumulative limit of four years unless justified. Renewal or extension of such contracts should be carefully monitored for compliance.

What rights do employees have during redundancy processes?

Employees have the right to be informed and consulted, especially in collective redundancy situations. Employers must also look for alternative employment opportunities within the company where possible.

How does the probationary period affect employment termination?

During the probationary period, either party can terminate the employment with a one-week notice without the usual protections against unfair dismissal, unless discrimination can be proven.

Can foreign employees work under the same protections?

Yes, Maltese employment law applies equally to foreign workers, although additional requirements, such as work permits, must be met for foreign nationals.

What is constructive dismissal?

Constructive dismissal occurs when an employee is forced to resign due to the employer's significant breach of contract. This can be contested similarly to unfair dismissal claims.

Are there special conditions for terminating executives?

Higher-level managerial positions might have specific contractual arrangements that differ from standard employee contracts. Legal consultation is advised when dealing with executive terminations.

Additional Resources

For further assistance and resources, individuals can reach out to:

  • Department for Industrial and Employment Relations (DIER): Offers guidance on employment laws and dispute resolution.
  • Maltese Chamber of Commerce, Enterprise and Industry: Provides support for employers navigating regulatory requirements.
  • Unions: Many workers are members of trade unions that can offer advice and support in employment-related matters.

Next Steps

Before proceeding with hiring or firing actions, it is advisable to seek legal advice to understand the implications of local laws and ensure compliance. Consult with a legal expert who specializes in employment law to receive tailored advice for your specific situation. This can involve reviewing contracts, preparing documentation for the Industrial Tribunal, or negotiating settlements in disputes. Ensuring legal compliance at every step can prevent costly disputes and assist in maintaining robust employment relationships.

Lawzana helps you find the best lawyers and law firms in Malta through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Hiring & Firing, experience, and client feedback. Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters. Get a quote from top-rated law firms in Malta - quickly, securely, and without unnecessary hassle.

Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.