Best Hiring & Firing Lawyers in Zabbar

About Hiring & Firing Law in Zabbar, Malta

Hiring and firing law refers to the legal framework governing the employment relationship between employers and employees from the moment a person is recruited until the termination of their employment. In Zabbar, Malta, these laws ensure that both employers and employees are protected and treated fairly. They regulate contracts of employment, equality and anti-discrimination, terms and conditions, and the justifications required for terminating employment. Adhering to these standards is essential to uphold workers' rights while allowing businesses to operate effectively within the legal landscape of Malta.

Why You May Need a Lawyer

Many people seek legal advice on hiring and firing for various reasons:

• Drafting legally compliant employment contracts
• Understanding employee rights and employer obligations
• Managing disciplinary procedures or workplace disputes
• Navigating redundancy or collective dismissal processes
• Addressing wrongful termination or unfair dismissal claims
• Responding to accusations of discrimination or inequality
• Providing legal representation at the Industrial Tribunal
• Clarifying legal risks during company restructuring or mergers

Legal guidance helps prevent costly mistakes, protects both parties, and ensures all processes comply with Maltese employment law.

Local Laws Overview

Employment law in Zabbar follows Maltese national legislation, including the Employment and Industrial Relations Act (Cap. 452), subsidiary regulations, and EU directives. Key points include:

• Employment contracts must be provided in writing within eight working days of starting work.
• Probation periods usually last up to six months, with easier contract termination during this time.
• Notice requirements are based on duration of employment, with minimum legal periods set out for terminating employees after probation.
• Grounds for dismissal must be just and based on valid reasons, such as misconduct, redundancy, or incapacity.
• Unfair dismissal claims can be brought to the Industrial Tribunal, which has the authority to award compensation or order reinstatement.
• Discrimination based on gender, ethnicity, religion, disability, or other protected characteristics is prohibited by law.
• Redundancy procedures must follow clear criteria and fair selection, with affected employees entitled to certain payments.
• Employee consultation is mandatory for collective redundancies and significant organisational changes.

Employers in Zabbar must also comply with regulations relating to health and safety, wage protection, family leave, and working time.

Frequently Asked Questions

What documents should I receive when I start a new job?

You are entitled to a written contract or a statement of employment conditions within eight working days from your start date. This should detail your role, salary, hours, and notice period, among other terms.

Can my employer fire me during the probation period?

Yes, either party can terminate employment during probation with one week’s notice if the employment has exceeded one month. No reason is generally required during this period unless the parties have agreed otherwise.

What is considered unfair dismissal in Malta?

Dismissal is unfair if it lacks a valid reason, is discriminatory, or if proper procedures were not followed. Examples include terminating employment due to pregnancy, trade union involvement, or without cause after probation.

How much notice am I entitled to if my job is terminated?

Notice periods depend on your length of service and are specified by law. They range from one week (for up to six months’ service) to eight weeks (for more than eight years of service).

Am I entitled to severance pay if I am made redundant?

If you are made redundant for economic or organisational reasons, you may be entitled to redundancy pay, outstanding wages, and unused vacation leave. Severance pay is not always mandatory unless stated in your contract or collective agreement.

What are my rights if I believe I was dismissed unfairly?

You can file a claim before the Industrial Tribunal within four months of the dismissal. The Tribunal can order compensation or reinstatement if it finds the dismissal was unfair.

Are fixed-term contracts treated differently?

Fixed-term contracts are allowed but must not exceed four years, unless justified. Upon expiry or improper renewal, the contract may be deemed indefinite. Termination before expiry without cause may entitle you to compensation.

Can my employer change the terms of my contract?

Major changes to your employment terms require your consent. Unilateral changes by the employer without agreement may be considered a breach of contract and can be challenged legally.

Is discrimination in hiring or firing illegal?

Yes, discrimination during recruitment, employment, or dismissal based on protected characteristics such as gender, age, disability, or ethnicity is illegal under Maltese law.

What can I do if my employer does not pay my wages?

You should first request payment in writing. If unpaid, you may file a complaint with the Department of Industrial and Employment Relations or seek legal action for wage recovery.

Additional Resources

If you need further information, consider contacting or consulting the following:

• Department of Industrial and Employment Relations (DIER) - Advises on employment rights and handles workplace complaints.
• Industrial Tribunal - Resolves disputes and unfair dismissal claims.
• Malta Employers' Association - Provides guidance for employers on compliance and best practices.
• General Workers' Union and other trade unions - Offer support and representation for employees.
• Chamber of Advocates Malta - Directory of licensed lawyers in Malta, including those with expertise in employment law.

Next Steps

If you require legal assistance in matters related to hiring and firing:

• Collect and organize all relevant employment documents, correspondence, and records.
• Outline the facts of your situation and identify the specific questions or concerns you have.
• Contact a reputable lawyer or employment law adviser in Zabbar or nearby areas in Malta.
• Ask about consultation fees and the scope of services they provide before committing.
• Follow legal advice and maintain communication with relevant authorities if you file a complaint or case.

Act promptly, especially where there are legal deadlines for submitting claims, and ensure you stay informed about your rights and obligations as either an employer or employee.