Sciberras Advocates

Employment & Labour Law

Employment and labour law can become very delicate and complicated matters.

Employers

Employers should be aware of the rights and obligations of employing people because any disputes can be time consuming and costly. Some of the services we offer under umbrella include the drafting of contracts of employment, employment policies, human resource policies, health and safety policies, negotiating employment terminations, resolving employment related issues, obtaining work permit for foreigners, transferring employment contracts, advising in dispute resolution, discrimination, wrongful discharge, defamation, settlements, drafting of data and privacy protections, whistleblowing scenarios, and other specialised services related to employment and labour law issues.

Employees 

If on the other hand you are an employee, we are available to be of assistance for various scenarios you can encounter such as employment discrimination, harassment on the workplace, redundancy scenarios, unfair dismissals, rights for claims and so on.

Premature termination of employment or unfair dismissal can only happen on a good and sufficient cause or redundancy. Examples that are not considered to be ‘good and sufficient’ causes are the following:

• Getting married
• Going on maternity
• Becoming a member of a trade union
• Joining religious groups
• Employer no longer having the confidence of the employee
• Disclosing information to a public regulating body regarding alleged illegal activities being committed by the employer.

Our team has assisted various employees for unjust dismissals before the Industrial Tribunal as well as out of court settlements by negotiating compensation. If you have been dismissed in an unfair manner you have four months’ time to appeal at the Industrial Tribunal from the day of dismissal.

Another type of scenario we encounter from our clients is underpayment by the employers. In this case, the employee has a time frame of one year from termination of employment to reclaim the correct amount. In such cases one can lodge a claim with the Department of Industrial and Employment Relations (DIER) claiming the outstanding amount. This will be investigated ex-officio. A solemn declaration needs to be prepared together with documents supporting your claim for the investigation to be done. Our lawyers can assist with the preparation and lodging of the claim.

Explore our articles here about employment in Malta and employment terms explained. 

At Sciberras Advocates, we are able to handle any issues pertaining to employment and labour law, recognising the importance of this sector in business. 

Family Business & Wealth

Family business and wealth can be a complex and important topic for HNW (High Net Worth) families.

This is why our team is expert in matters such as inheritance, succession, estate planning, transfer of shares, issue of shares, business take over by the younger generation, exit strategies, restructuring reorganisation and wealth planning.

At Sciberras Advocates, our lawyers are focused on assisting our client in all the above-mentioned services in order to safeguard the wealth and legacy of the family business.

Family Business & Wealth

Family business and wealth can be a complex and important topic for HNW (High Net Worth) families.

This is why our team is expert in matters such as inheritance, succession, estate planning, transfer of shares, issue of shares, business take over by the younger generation, exit strategies, restructuring reorganisation and wealth planning.

At Sciberras Advocates, our lawyers are focused on assisting our client in all the above-mentioned services in order to safeguard the wealth and legacy of the family business.

Immigration Law

Immigration is a delicate process that often requires special attention due to the various legal implications it can bring along. Over the years our team of immigration lawyers has been actively involved in assisting EU and non-EU nationals in issues related to immigration matters with Identità (Identity Malta Agency), the Refugee Commissioner, Immigration Appeals Board, VFS offices, and other Malta entities related to immigration.

Apart from residency schemes, citizenships, long term residence permits, fiscal incentives to establish residency in Malta, HNWI schemes, Single Work Permit, Key Employee Initiative (KEI) applications, Specialist Employee Initiative (SEI) applications, EU Blue Card applications, refugee and subsidiary protection, visa applications and more, at Sciberras Advocates immigration lawyers in Malta we can assist with any immigration law issues that may arise during the redomiciling process to obtain a residency permit or a renewal. Such issues revolve around visa overstays, refusal of entry for non-valid reasons, marriage fraud, documentation fraud, entering the country illegally and more.  

Our services specialise on immigration and visa appeal law assistance, including appeals on removal and return orders, with the Immigration Appeals Board, mainly for the below scenarios:

• If your Single Permit Application was refused, you have a right to appeal this decision with the Immigration Appeals Board within three days of the notification of such decision in accordance with Article 20(2) of Subsidiary Legislation 217.17.
• If your Visa Application was refused, annulled or revoked by Maltese authorities, you have the right to appeal this decision with the Immigration Appeals Board within fifteen days of the notification of such decision as per Article 25A(5) of Chapter 217.
• If you received a return order to go back to your country, you have the right to appeal this decision with the Immigration Appeals Board within three days of the notification of such decision. The right to appeal is also stated in Article 25A(5) of Chapter 217.

Our team of immigration lawyers holds an outstanding track record in winning appeals related to immigration procedures. Here are various case studies: 

Case Study: Employment and Immigration Case for a Nepalese national

Case Study: Still Abroad – Embassy of Malta in Egypt refusal

Case Study: Malta Entry Ban Appeal

Case Study: Appeal on a refusal of Single Permit Application

Case Study: Overstay and Identity Malta Agency – Another win

Our team can also handle long term residency permit application for Third Country Nationals residing in Malta since five years, as well as family reunification applications for Third Country Nationals. 

Schengen Visa Overstay

What happens if one overstays on the Schengen Visa? There are a lot of consequences for overstaying in the Schengen Area and it’s good to know that an overstay never goes unnoticed and whether the overstay is intentional or not, it is always punished by either a fine, immediate deportation and getting banned from entering the Schengen Zone for a specific amount of time. You are not allowed to overstay the 90 days amount of permitted stay per 180 days, and this is valid on any type of visa, whether it is a student visa or a work-related visa.

90/180 Schengen Visa Rule

Under the terms of Schengen, non-EEA nationals cannot spend more than a total of 90 days within a total period of 180 days without a visa. Furthermore, once you’ve used up your quota of 90 days, you cannot return to Schengen until 90 more days have passed. Many people overstay because they think that visa validity and duration of stay are the same. While visa validity is the date from which to which the visa holder is permitted to enter the Schengen Area, the duration of stay is the number of days that he or she can spend within that period.

If you overstay in the Schengen Area, you risk:

-Deportation

-Difficulties coming back to Schengen

-Fines

-Ban from Schengen Area

Sciberras Advocates Malta immigration lawyers are ready to assist you on immigration policy advisory and immigration and visa appeal legal assistance including appeals on removal and return orders. 

For a detailed FAQ about immigration please click here.

If you require our assistance on immigration issues in Malta, please get in touch on [email protected].

IP Law

Intellectual property (IP) plays an important part in business.

IP rights refer to the legal rights that protect one’s intellectual or intangible work and creativity. For certain businesses it could possibly be the most valuable asset of their business, so this law provides businessmen the necessary protection to safeguard their initiative. Trademarks, copyrights, designs, patents are also a part of IP law.  

Sciberras Advocates offers IP services to individuals and entities that are looking to protect their ideas, inventions, works and designs. Such protection plays an important part in the modern business world.

Litigation & Arbitration

Litigation concerning civil and commercial matters have become too common in the business world.

Whenever possible, disputes and claims should ideally be solved out of court to avoid complicating matters, costs and time, however in this case a lawyer’s advice is always ideal. Some of the areas which we can handle in relation to litigation and arbitration scenarios are debt collection, insurance claims, assertion of non-monetary claims, admiralty law issues and local arrest of vessels, local arrest of aircraft, local enforcement of foreign judgements and arbitration awards, corporate disputes, and so on.  

The team at Sciberras Advocates will assist in such litigation law matter. If an agreement is not reached, we will be able to proceed in defending or prosecuting cases in Maltese courts, tribunals and arbitration centres.

Mergers & Acquisitions

Mergers and acquisitions combine knowledge of legal and accounting departments.

Here at Sciberras Advocates, thanks to our combined knowingness, we are able to handle international and local mergers and acquisitions, sale of business, transfer of business, corporate re-structuring and re-organisation, transfer of shares, issue of new shares, and business valuations. These activities, particularly acquisitions and mergers, involve multiple operations through which a company becomes the owner of all assets and liabilities of a company, or else, two companies become one.  

We are prepared and knowledgeable enough to assist buyers, sellers and investors in such business trades. These include negotiations, corporate restructuring, drafting and reviewing of legal agreements, taxation, VAT planning and due diligence procedures. This while also providing the necessary legal and administrative coordination, guidance and assistance on all aspects relevant to such mergers, acquisitions and other related business activities. Apart from the services listed, some of our other services include performing an evaluation of your business and advice on the selling price and assisting you to prepare the business for the merger or the acquisition. 

Our office in Malta also has experience in providing legal counsel to SPAC (Special Purpose Acquisition Company) also known as a blank check company. SPACs are increasing in popularity as an alternative to the traditional IPO, offering a source of financing and efficient and effective route to go public. Sciberras Advocates in Malta is able to draw SPAC M&A and hold tax capabilities to guide clients through the entire SPAC cycle. 

Similarly, we can assist with SAFE (Simple Agreement for Future Equity) which is basically an agreement between an investor and a company that provides rights to the investor for future equity in the company. This is similar to a warrant but without determining a set price per share at the time of the initial investment.  

At Sciberras Advocates, we believe that in such business trading activities, it is crucial to be prepared with the necessary legal information before signing any deals. Let us assist you and guide you in these circumstances.

Property Law

The property market has always been central to the local economy and forms part of the Malta’s steady growth.

Property sales and re-sales, leasing, developments, conversions, provide a flow of business for notaries, contractors, architects, engineers, real estate agencies and other key players.  

Such acquisitions and sales of land or of immovable property, whether done as an individual or as a company, brings with it various scenarios in terms of financing, taxation issues, permits requirements and other related obligations and matters. Our lawyers are here to discuss with you the legal terms of buying or selling Malta property, whether it is for residential or commercial use.   

Furthermore, property owners often encounter issues of spoliation (spoll), servitudes issues, constant noise pollution from neighbours, incorrect use of property – from residential to commercial, airspace rights, recovery of deposits related to property, dangerous demolitions and excavations next to residential properties, disputes between neighbours, landlords suing tenants, property boundaries, latent defects, deprivation of the use of one’s property, and so on.

At Sciberras Advocates, we can assist with any of the above problems in relation to property.