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Hiring and firing laws in Tarxien, Malta, are governed by national employment legislation that applies across the Maltese islands, including the Employment and Industrial Relations Act (EIRA) and related regulations. These laws set out the essential rules and protections for both employers and employees in regard to employment contracts, recruitment, termination, and employee rights. While Tarxien is a small locality, the same national rules apply as in the rest of Malta, making it important for both employers and workers to be aware of their obligations and entitlements throughout the employment relationship.
Legal issues around hiring and firing in Tarxien can be complex, making legal advice valuable in several common situations. Individuals may seek a lawyer when facing wrongful dismissal, unfair disciplinary action, disputes over notice periods or severance pay, or issues with employment contracts. Employers might need legal help to ensure compliance with recruitment practices, managing redundancies, handling terminations lawfully, or addressing workplace misconduct. Whether you are an employer or an employee, having legal guidance can help you navigate Maltese employment laws, avoid costly disputes, and ensure your rights are protected.
Key aspects of Maltese employment law relevant to hiring and firing in Tarxien include the necessity for written employment contracts, legal procedures for termination, rules on probation, and employee rights on redundancy and unfair dismissal. The Employment and Industrial Relations Act requires that all significant terms and conditions of employment are provided in writing and sets out the minimum notice periods for termination based on the length of service. Probationary periods are common, usually not exceeding six months unless otherwise agreed. Dismissal must be for a valid reason, and employees have the right to challenge their dismissal through the Industrial Tribunal if they believe it was unjust. Employers must also adhere to anti-discrimination regulations during recruitment and termination processes.
The notice period depends on the employee's length of service. For example, after one month of employment but less than six months, the notice period is one week. Notice periods increase with longer service, up to 12 weeks for over ten years of continuous employment.
Yes, under Maltese law, significant terms and conditions of employment must be provided in writing, typically within eight working days from the start of employment.
No, dismissals should be based on a valid and justified reason. Unfair or unjustified dismissal can be contested by the employee at the Industrial Tribunal.
Both employer and employee can terminate employment during the probation period with one week's notice if the employment has exceeded one month. However, discriminatory dismissals are still prohibited.
Unfair dismissal includes termination without a justified reason, dismissal based on discrimination, or failing to follow the proper legal process. Dismissals for trade union activity or whistleblowing are also considered unfair under Maltese law.
Employees with at least one year of service can request the reason for their dismissal in writing, and the employer is legally obliged to provide it.
If redundancy is the cause for termination, selection must be made according to the last-in-first-out principle unless otherwise agreed with the employee or unions. Employees are entitled to notice and, where applicable, compensation.
An employee who believes their dismissal was unjust or unfair can lodge a complaint with the Industrial Tribunal for investigation and possible compensation or reinstatement.
Yes, discrimination based on sex, race, religion, disability, age, or other protected characteristics is strictly prohibited at all stages of employment, including hiring and termination.
You can seek assistance from the Department of Industrial and Employment Relations or pursue a claim via the Industrial Tribunal for unpaid wages, leave, or other statutory benefits.
Helpful resources and organizations dealing with hiring and firing in Tarxien, Malta, include the Department of Industrial and Employment Relations (DIER), which enforces labor laws and provides guidance. The Malta Chamber of Commerce and the Malta Employers' Association offer information for employers, and the General Workers' Union provides advice and support for employees. Community legal clinics and local council offices in Tarxien can also provide free referrals or basic legal information.
If you need legal assistance with hiring or firing in Tarxien, gather all relevant documents such as contracts, correspondence, and pay records. Make a detailed note of events and any actions taken. Contact a qualified employment lawyer for advice on your situation, or reach out to the Department of Industrial and Employment Relations for guidance on your rights. Prompt action is important, especially if you are considering filing a formal complaint or claim, as some legal options have strict time limits. Whether you are an employer trying to ensure compliance or an employee seeking to protect your rights, professional legal advice will help you achieve the best possible outcome.
