Best Hiring & Firing Lawyers in St. Julian's

About Hiring & Firing Law in St. Julian's, Malta

Employment law in Malta is governed at national level. Employers and employees in St. Julian's - a town with a large hospitality and service sector - follow the same legal framework as the rest of Malta. This framework sets out the rights and duties of both parties in relation to recruitment, contracts, day-to-day employment, disciplinary processes and termination. Local practice may be influenced by the sector - for example seasonal or part-time work is common in tourism - but the core rules on contracts, non-discrimination, health and safety and dispute resolution are national and enforceable in St. Julian's.

Why You May Need a Lawyer

Employment disputes can be emotionally charged and legally complex. You may want to consult a lawyer if you face any of the following situations:

- Your dismissal feels unfair or you suspect it was motivated by discrimination or retaliation.

- You are offered a settlement agreement and need to understand its terms and long-term implications.

- Your employer is trying to change important terms of your contract - such as pay, hours or place of work - and you are unsure of your rights.

- You are involved in a redundancy or collective dismissal process and need advice on selection criteria, consultation obligations and severance entitlements.

- You are an employer drafting contracts, policies or disciplinary procedures and want to ensure compliance and minimise litigation risk.

- You need representation in conciliation or before the Industrial Tribunal, or you require assistance preparing evidence and submissions.

- You are a foreign worker with immigration or cross-border employment issues that interact with local employment law.

Local Laws Overview

The Maltese employment framework contains several key areas you should understand before hiring or making dismissal decisions:

- Employment contract - Employers should set out the essential terms of employment. Contracts may be open-ended, fixed-term, part-time or temporary. Clear written terms reduce future disputes and should cover pay, hours, probation, duties and notice periods.

- Probation and performance management - Employers commonly use a probationary period to assess suitability. Probationary arrangements should be reasonable, set out in writing and applied consistently. Poor performance should be managed through documented appraisals and warnings before any dismissal for that reason.

- Termination and notice - Dismissal must follow lawful grounds and correct procedure. Summary dismissal for gross misconduct is possible in serious cases, but employers should document the reason and follow a fair disciplinary process. Ordinary dismissals generally require notice or pay in lieu of notice and may attract compensation in unfair dismissal cases.

- Unfair dismissal and remedies - Employees who believe they were unfairly dismissed can seek relief through statutory procedures. Remedies commonly include reinstatement, re-engagement or compensation depending on the circumstances and the tribunal outcome.

- Redundancy - Genuine redundancy requires a demonstrable business reason and objective selection criteria. Employers should consult with affected employees and, in larger processes, with employee representatives or trade unions. Redundancy pay and other entitlements may apply depending on contract terms and national rules.

- Discrimination and equality - Maltese law protects employees against discrimination on grounds such as sex, race, religion, disability, age and sexual orientation. Harassment and victimisation are also prohibited and can affect the validity of a dismissal.

- Working time, leave and pay - Statutory rules cover minimum wage, maximum working hours, rest breaks, annual leave, sick leave, maternity and paternity leave. Sectoral or collective agreements may provide enhanced rights, which should be respected.

- Health and safety - Employers must provide a safe workplace and comply with occupational health and safety obligations. Failure to do so can be a ground for enforced measures and for employee claims.

- Collective rights - Trade unions and collective bargaining may apply, especially in sectors with higher union organisation. Collective agreements can modify certain terms of employment and give additional protections on dismissal and redundancy.

- Dispute resolution - Many disputes begin with internal grievance and disciplinary procedures, followed by conciliation through the relevant employment authority. If unresolved, cases may proceed to adjudication before the Industrial Tribunal or other competent judicial bodies.

Frequently Asked Questions

Am I entitled to a written contract when I start work in St. Julian's?

Yes. Employment terms should be recorded in writing. A written contract or written statement of main employment terms helps both parties understand their obligations and is strong evidence if a dispute arises. If you have not received clear written terms, request them and keep a copy of any communications.

Can my employer dismiss me during a probationary period?

Employers commonly use probation to assess fit for the role. Dismissal during probation is possible, but it should not be for a prohibited reason such as discrimination or in breach of an express contractual promise. Even during probation, fair and documented treatment is advisable. Seek advice if you believe dismissal was for an unlawful reason.

What is the correct process for dismissing an employee?

Process matters. Fair dismissal generally requires a genuine reason, an investigation where appropriate, opportunity for the employee to respond, and proportionate sanction. For misconduct, a proper disciplinary procedure with warnings and an appeal stage is usually required before termination, unless the conduct amounts to gross misconduct.

Do I have a right to redundancy pay?

Redundancy entitlements depend on the reason for termination, your contract, and national rules. If the dismissal is truly a redundancy, you may be entitled to consultation, notice and possibly redundancy pay. The specific entitlements depend on length of service and contract terms, so get advice specific to your situation.

What should I do if my employer reduces my pay or changes my hours without my agreement?

Contractual changes generally require agreement. An employer cannot unilaterally impose significant changes that breach contract terms without risking a claim. If faced with unilateral changes, raise the issue in writing, record the impact, and seek legal advice on options ranging from negotiation to claiming breach of contract or constructive dismissal where the change is fundamental.

Can I bring a claim if I was dismissed because I raised health and safety concerns?

Raising bona fide health and safety concerns is typically protected. Dismissal or victimisation for raising such concerns may be unlawful. Keep written records of the concerns raised and any responses, and consult a lawyer to evaluate a potential claim.

How long do I have to bring an employment claim?

Time limits apply to employment claims. These can vary by claim type and procedure. It is important to act promptly because delays can prevent you from bringing a claim. If you think you have a case, seek advice as soon as possible to preserve your rights and evidence.

What remedies can I expect if my dismissal is found unfair?

Remedies may include reinstatement to your former job, re-engagement in a comparable role, or monetary compensation. The forum deciding the dispute will consider the circumstances, the employer behavior and available remedies. A negotiated settlement is also common and may be preferable for both parties.

Can an employer dismiss me for joining a trade union?

Dismissing an employee for trade union membership or activity is generally unlawful. Trade union rights and collective bargaining protections exist to prevent victimisation. If you face adverse treatment for union involvement, document incidents and seek legal assistance.

What steps should I take immediately after an unfair dismissal?

Collect and preserve documents - contracts, payslips, emails, performance reviews and correspondence about the dismissal. Write a clear timeline of events while details are fresh. Submit any internal appeals or grievances promptly, and consult a lawyer to explore conciliation and tribunal options.

Additional Resources

Useful organisations and bodies that can assist or provide information include:

- Department of Industrial and Employment Relations - for information on employment rights, conciliation and mediation services.

- Industrial Tribunal - the adjudicative body that hears employment disputes that cannot be settled by conciliation.

- Jobsplus - for information on employment regulations, jobs and support services in Malta.

- National Commission for the Promotion of Equality - for matters involving discrimination and equality.

- Occupational Health and Safety Authority - for workplace health and safety obligations and complaints.

- Malta Employers' Association and trade unions - for employer and employee guidance on collective matters.

- The Chamber of Advocates - the regulatory body for lawyers if you need to verify qualifications and find a specialist employment lawyer.

Next Steps

If you need legal assistance with hiring or firing in St. Julian's, consider this practical route:

- Gather documents - employment contracts, payslips, written warnings, emails, and any policy documents relevant to the dispute.

- Act quickly - employment claims often have strict time limits. Starting early preserves evidence and options.

- Try internal resolution - raise a formal grievance or use employer appeal procedures if appropriate; this is often required before external steps.

- Seek a specialist - choose an employment lawyer experienced in Maltese employment law. Ask about experience with similar cases, likely costs, and the process for initial assessment.

- Consider alternative dispute resolution - conciliation or mediation can resolve disputes faster and with lower cost than formal litigation.

- Prepare for costs and outcomes - discuss fees, likely remedies, and timescales with your lawyer so you can make informed decisions about negotiation or litigation.

Getting tailored legal advice will help you understand your position, the likely outcomes, and the most effective next steps for your specific circumstances in St. Julian's.