Best Hiring & Firing Lawyers in Swieqi

About Hiring & Firing Law in Swieqi, Malta

Swieqi is governed by Maltese national employment legislation, which applies uniformly across the islands. The main statute is the Employment and Industrial Relations Act, supported by Wage Regulation Orders for specific sectors and several sets of subsidiary regulations. Hiring and firing in Malta is regulated to ensure transparent conditions of employment, predictable working time, equal treatment, and fair termination. While businesses in Swieqi range from micro start-ups to professional services and hospitality, the legal framework is the same, with the Department of Industrial and Employment Relations overseeing compliance and the Industrial Tribunal deciding most dismissal and discrimination claims.

For both employers and employees, understanding how contracts should be drafted, what rights apply from day one, and the lawful grounds and procedures for ending employment is critical. Missteps around written terms, probation, notice, discrimination, or redundancy can quickly turn into costly disputes. A clear and compliant approach at the start of the relationship makes it easier to resolve issues later on.

Why You May Need a Lawyer

Hiring decisions often involve questions about offer letters, probation terms, restrictive covenants, data protection during background checks, and work permits for non-EU nationals. A lawyer can help you draft and negotiate compliant contracts, guide you on what personal data you may collect, and design onboarding processes that meet record-keeping and notification rules.

When employment relationships deteriorate, questions arise about performance management, warnings, reasonable accommodations for disability, discrimination risks, entitlement to sick or parental leave, and how to lawfully gather evidence for misconduct investigations. Legal advice helps you structure a fair process and reduce exposure.

Terminations need special care. Outside probation, dismissal must be for good and sufficient cause or for a genuine redundancy. Getting the reason, procedure, documentation, notice, and final payments right is essential. Employees who believe they have been unfairly dismissed, constructively dismissed, or discriminated against should seek advice promptly due to strict time limits to bring a claim. Employers contemplating reorganisations or collective redundancies should consult counsel early to meet consultation and notification duties.

Local Laws Overview

Employment contracts and statements of conditions are mandatory. Employees must receive key written information about their job, pay, hours, workplace, probation, and notice within short statutory deadlines. Remaining particulars must follow within the first month. Sectoral Wage Regulation Orders may impose additional terms, including minimum pay, overtime, and sick leave. Employers must also notify Jobsplus of engagements and terminations within prescribed timeframes and register employees for social security and tax.

Probation is typically six months. For managerial or executive roles that meet statutory pay thresholds, probation may be up to twelve months. Either party may terminate during probation, but once the first month has passed, one week notice is required. Special protections apply for pregnant workers and employees on family leave. Dismissal connected to pregnancy, maternity, paternity, or parental leave is unlawful.

Working time is regulated. The average weekly working time may not exceed 48 hours unless the employee provides informed consent to opt out. Rest breaks, daily and weekly rest, night work limits, and paid annual leave are statutory. Full time employees are generally entitled to at least 27 days of paid annual leave, pro-rated for part time employees, in addition to entitlement mechanisms when public holidays fall on weekends. Overtime rates and Sunday work compensation are set by Wage Regulation Orders.

Equal treatment is a core rule. Discrimination in recruitment, terms, promotion, and dismissal is prohibited on protected grounds such as sex, pregnancy, age, race or ethnic origin, religion or belief, disability, and sexual orientation. Harassment is also prohibited. Reasonable accommodation must be considered for disabled employees. Pay transparency and equal pay principles apply.

Dismissal outside probation requires a valid reason. Good and sufficient cause includes serious misconduct or persistent underperformance after fair warnings. Redundancy is permitted for genuine economic or operational reasons. Employers should apply objective selection criteria and document their decision making. There is no general statutory severance payment in Malta, but all accrued wages, statutory leave balances, and notice obligations apply. If a redundant role becomes available again in the same class within one year, the employer may be obliged to offer re-engagement to redundant employees who are duly registered for employment.

Notice periods after probation depend on service length. Typical statutory notice is one week for up to six months service, two weeks for six months to two years, four weeks for two to four years, eight weeks for four to seven years, nine weeks for seven to eight years, ten weeks for eight to nine years, eleven weeks for nine to ten years, and twelve weeks for ten years or more. Wage Regulation Orders or contracts may grant longer notice. If an employer does not require an employee to work notice, the employer must usually pay wages in lieu of the full notice period. If an employee leaves without giving the required notice, the employee may be liable for an amount equal to half of the wages that would have accrued during the notice period.

Fixed term contracts end at expiry without notice unless the agreement says otherwise. Early termination by the employer or employee ordinarily triggers a penalty equal to half of the wages that would have been due for the remaining term. Repeated renewals require objective justification to avoid abuse. On transfer of business, employees normally transfer with their existing rights preserved.

Collective redundancies carry consultation and notification duties. Where numbers meet statutory thresholds over a 30 day period, employers must consult employee representatives and notify the authorities in advance. The typical thresholds are at least 10 redundancies in establishments with 21 to 99 employees, at least 10 percent of the workforce in establishments with 100 to 299 employees, and at least 30 redundancies where 300 or more are employed.

Unfair dismissal and discrimination claims are generally brought before the Industrial Tribunal. Strict time limits apply, commonly four months from the effective date of termination. Remedies include reinstatement, re-engagement, or compensation, depending on the case. Health and safety obligations apply to all workplaces, including risk assessments, training, and incident reporting. Data protection under the GDPR and national law governs recruitment and HR processing, including employee monitoring and CCTV, which must be necessary, proportionate, and transparent.

Non-EU nationals require authorisation to work in Malta, typically via a single permit process administered by the identity authority and Jobsplus. Employers must verify right to work and keep appropriate records. EU and EEA nationals have different registration requirements but still must be properly recorded for employment and social security purposes.

Frequently Asked Questions

Do I need a written employment contract in Malta

Yes. Employers must provide written conditions of employment that cover essential information such as identity of the parties, job title, commencement date, workplace, remuneration and pay intervals, working hours, probation, notice, leave, and any applicable collective agreement. Some particulars must be given very early in the relationship, with the remainder within the first month. Sectoral Wage Regulation Orders may mandate additional written terms.

What is the standard probation period and how can employment be ended during probation

The default probation period is six months. For managerial or executive posts meeting the statutory pay threshold, probation may be up to twelve months. Either party can terminate during probation without giving a reason, but after the first month both sides must give at least one week notice. Dismissal connected to pregnancy, family leave, or prohibited discrimination is not allowed even during probation.

How much notice must I give or receive when terminating employment

After probation, statutory notice depends on length of service, ranging from one week for service up to six months to twelve weeks for service of ten years or more. If the employer prefers not to have the employee work the notice, wages in lieu of the notice period are normally payable. If an employee leaves without notice, the employee may owe the employer an amount equal to half of the wages that would have been earned during the notice period. Contracts or Wage Regulation Orders can provide for longer notice.

What counts as a fair reason for dismissal

Outside probation, dismissal must be for good and sufficient cause or for a genuine redundancy. Examples include serious misconduct such as theft or violence, gross negligence, or persistent poor performance following fair warnings and an opportunity to improve. Employers should investigate, hear the employee, consider mitigating factors, and document the process. Redundancy decisions should be based on objective criteria and proper business reasons.

Is severance pay mandatory in Malta

There is no general statutory severance payment. On termination, the employer must pay all wages due, any accrued but unused statutory leave, and observe notice obligations or pay in lieu. Some collective agreements or individual contracts may grant ex gratia severance. Special rules apply for early termination of fixed term contracts, where a penalty equal to half of the wages for the residual term typically applies to the party ending the contract early.

What are my rights if I am made redundant

You are entitled to notice or pay in lieu, payment of accrued wages, and your leave entitlements. Employers should use objective selection criteria and consult where collective redundancy thresholds are met. If a vacancy in the same class arises within one year, employers may be obliged to offer re-engagement to employees they made redundant who are duly registered for employment. If you believe redundancy was a pretext or the process was unfair or discriminatory, you can challenge it before the Industrial Tribunal within the applicable time limit.

Can fixed term contracts be terminated early

Yes, but Maltese law generally requires the party ending a fixed term contract early to pay a sum equal to half of the wages that would have been due for the remainder of the term, unless there is serious breach by the other party or the contract lawfully allows otherwise. At natural expiry, the contract ends without notice unless the contract states differently.

Are non-compete and non-solicitation clauses enforceable

Post-termination restraints are enforceable only if they protect a legitimate business interest, and are reasonable in time, geographical scope, and restricted activities. A narrowly drafted clause of limited duration is more likely to be upheld than a broad restriction. Courts scrutinise overbroad restraints. It is prudent to tie any restraint to the employee’s actual role and to consider appropriate compensation.

What are the rules on working time, overtime, and leave

The average weekly working time must not exceed 48 hours unless the employee consents to opt out. Daily and weekly rest and rest breaks apply. Full time employees are generally entitled to at least 27 days of paid annual leave, proportionate for part time staff, plus mechanisms to compensate when public holidays fall on weekends. Overtime rates, night work rules, and Sunday compensation are largely set by Wage Regulation Orders and may differ by sector.

How do discrimination and harassment laws affect hiring and firing

Employers cannot discriminate in recruitment, terms, promotion, or termination on protected grounds such as sex, pregnancy, age, race or ethnic origin, religion or belief, disability, and sexual orientation. Harassment is prohibited. Requests for reasonable accommodation for disabled candidates and employees must be considered. If an employee shows facts suggesting discrimination, the burden may shift to the employer to prove that no unlawful discrimination occurred. Dismissals linked to protected characteristics are unlawful and can result in reinstatement or compensation.

Additional Resources

Department of Industrial and Employment Relations for guidance, inspections, and complaints about employment conditions and termination.

Industrial Tribunal for unfair dismissal and discrimination cases.

Jobsplus for engagement and termination notifications, employment records, and labor market services.

Occupational Health and Safety Authority for workplace safety guidance and enforcement.

National Commission for the Promotion of Equality for assistance on discrimination and harassment issues.

Office of the Information and Data Protection Commissioner for guidance on HR data processing, employee monitoring, and CCTV compliance with GDPR.

Identita Agency and Jobsplus for right to work and single permit processes for third country nationals.

Employer and employee bodies such as the Malta Employers Association, General Workers Union, and UHM Voice of the Workers for sectoral guidance and support.

Next Steps

Clarify your objective. If you are hiring, list the role, working pattern, probation, pay, benefits, and any restrictive covenants you believe you will need. If you are considering termination, write down the reasons, evidence, timeline, and any prior warnings or accommodations provided.

Gather key documents. Collect contracts, addenda, policies, applicable Wage Regulation Orders, payslips, attendance records, performance appraisals, and emails or letters that evidence performance, conduct, or business restructuring. For employees, keep your own copies of contracts, payslips, and correspondence.

Check statutory touchpoints. Confirm probation status, notice period, accrued leave, sickness records, family leave, and any sectoral rules. Ensure data collection and monitoring have been handled lawfully and proportionately.

Plan a fair process. For performance or conduct, consider inviting the employee to a meeting, sharing allegations or concerns, allowing time to respond, and documenting all steps. For redundancy, prepare objective selection criteria, business rationale, and consultation steps. For fixed term contracts, review end dates and early termination clauses.

Seek timely legal advice. In Malta, some claims must be lodged within a few months. A lawyer can assess risk, draft letters, prepare settlement proposals, and represent you before the Industrial Tribunal. Early advice often prevents escalation and reduces costs.

Close out correctly. Issue a written termination letter with clear reasons, confirm notice or pay in lieu, calculate final pay and unused leave, retrieve company property, and provide the employee with required documents. File necessary notifications with Jobsplus and update payroll and social security records. For employees, register with Jobsplus if made redundant to preserve re-engagement rights and explore benefits or new opportunities.

This guide provides general information for Swieqi and the rest of Malta. It is not legal advice. For your specific situation, consult a qualified Maltese employment lawyer.