Best Hiring & Firing Lawyers in Rabat

About Hiring & Firing Law in Rabat, Malta

Hiring and firing law in Rabat, Malta falls under the wider umbrella of Maltese employment law. The law aims to balance the rights of employers and employees, ensuring fair recruitment, equal treatment, and proper procedures for termination of employment. Both local businesses and employees in Rabat must follow national employment rules as established by Maltese legislation, principally the Employment and Industrial Relations Act and related subsidiary regulations. Since Rabat is not a separate jurisdiction but part of Malta, national laws apply there.

Why You May Need a Lawyer

Employment relationships can be complex. You may need assistance from a lawyer in several situations related to hiring and firing in Rabat, Malta, such as:

• Drafting or reviewing employment contracts to ensure compliance with Maltese law
• Understanding procedures for lawful dismissal and avoiding unfair or wrongful termination
• Dealing with redundancy, restructuring, or collective dismissals
• Addressing discrimination or harassment concerns during hiring or firing
• Negotiating settlement or severance agreements
• Seeking redress after an unfair dismissal or a dispute with an employer or employee
• Clarifying rights related to probationary periods, notice pay, or summary dismissals
• Representing clients before the Industrial Tribunal or courts

Because employment law is technical and involves strict procedures, even small mistakes can have serious consequences. A lawyer ensures your rights are protected and proper steps are followed.

Local Laws Overview

The key aspects of hiring and firing law in Rabat, Malta that everyone should be aware of include:

• Employment Contracts: All employees must receive a written contract or a written statement of conditions of employment, usually within eight working days from the start of employment.
• Probation: Most employment contracts allow for a probation period which cannot exceed six months (unless the position is managerial, where it may be up to twelve months).
• Termination During Probation: Either side may terminate during probation by giving one week's notice if employment has lasted more than one month.
• Notice of Termination: Outside the probation period, the law sets minimum notice periods which increase with length of service. Notice may also be agreed between the parties, provided it is at least equal to the statutory minimum.
• Grounds for Dismissal: Employers must have a just cause to terminate employment after probation, such as redundancy or disciplinary reasons. Dismissal without a valid reason can be challenged as unfair dismissal.
• Redundancy: Employees dismissed due to redundancy must be given priority if the role reopens within one year and should receive any owed wages or benefits.
• Summary Dismissal: An employer can summarily dismiss an employee for grave misconduct, but this is subject to specific legal standards and is often contested.
• Unfair Dismissal Claims: Employees may file a claim before the Industrial Tribunal within four months of dismissal if they believe it was unfair or wrongful.
• Anti-Discrimination: Maltese law prohibits discrimination in hiring and firing based on gender, age, religion, racial or ethnic origin, sex, disability, sexual orientation, and other protected characteristics.

Both employers and employees should keep thorough records of communications, contracts, warnings, and any documentation relating to hiring or termination to protect their rights.

Frequently Asked Questions

What is the legal notice period for terminating an employment contract in Rabat, Malta?

Notice periods depend on how long the employee has been employed. For up to one month of service no notice is required; after one month, notice ranges from one week up to twelve weeks after ten years of service.

Can an employer fire an employee without warning?

Generally, employers must follow disciplinary procedures and provide warnings unless the dismissal is for grave misconduct that justifies summary dismissal. However, during the probationary period, the process is more flexible.

Do employees in Rabat, Malta have rights to severance pay?

There is no statutory severance pay requirement under Maltese law, but employees are entitled to be paid for unused vacation leave and other statutory benefits upon termination. Collective agreements may provide additional severance pay.

What protections exist against unfair dismissal?

Employees can challenge dismissals they believe were unjustified before the Industrial Tribunal. If unfair dismissal is proven, remedies such as compensation or reinstatement may be granted.

How should employers handle redundancy in Rabat, Malta?

Redundancy must follow a fair procedure. Employees should be selected objectively, informed in writing, and given the required notice. They are entitled to unpaid wages, notice, and priority for rehiring if the role becomes available again within a year.

Is discrimination in hiring or firing prohibited?

Yes. Maltese law prohibits discrimination based on protected characteristics. Any discriminatory treatment in hiring, firing, or employment terms can lead to legal claims against the employer.

Are verbal employment agreements valid in Malta?

Verbal agreements can be valid, but the law requires a written contract or a written statement of minimum conditions of employment within eight working days of starting work.

What are the rules concerning probationary periods?

Most employment starts with a probationary period of up to six months, or up to twelve months for certain managerial positions. During probation, either party may terminate employment with minimal notice.

What happens if an employee does not receive notice of termination?

If an employer fails to provide the required notice, they may have to pay the employee wages in lieu of notice. This applies unless the termination was due to justified summary dismissal.

How can an employee challenge a dismissal they believe is unfair?

The employee should file a complaint with the Industrial Tribunal within four months of the dismissal. It is strongly recommended to consult with a lawyer or trade union for representation and support during this process.

Additional Resources

Individuals seeking help with hiring and firing matters in Rabat, Malta, may find the following resources useful:

• Department of Industrial and Employment Relations (DIER): Provides information, guidance, and handles complaints related to employment rights and obligations in Malta.
• Jobsplus: Offers employment support services, guidance on recruitment, and information on legal responsibilities for both employers and employees.
• Malta Chamber of Commerce, Enterprise and Industry: Offers resources and guidance for employers on hiring and terminations.
• Trade Unions: Such as General Workers Union, UHM, and others, assist employees with contract issues, dismissals, and legal representation.
• Private Employment Lawyers: Licensed employment lawyers or law firms in the Rabat area can provide personalized advice and representation.

Next Steps

If you are facing a hiring or firing issue in Rabat, Malta, follow these steps for a smooth legal process:

• Review your employment contract and any correspondence related to your hiring or dismissal
• Gather all records, including written warnings, emails, contracts, and payslips
• Contact a qualified employment lawyer or your trade union for professional advice
• Visit or contact the Department of Industrial and Employment Relations for general guidance or to file a complaint
• If your issue cannot be resolved amicably, your lawyer can guide you through mediation or filing a claim with the Industrial Tribunal

Legal processes involving employment in Rabat, Malta can be highly technical and time-bound. Seeking competent legal advice early ensures your rights are protected and increases the likelihood of resolving issues successfully.