Malta, Fenech & Fenech Advocates updates

Employment & Immigration

Contributed by Fenech & Fenech Advocates
Termination of pregnant employees during probation period
  • Malta
  • 26 August 2020

Under Maltese law, employers and employees can terminate an employment agreement during the probation period without giving a valid reason. This is subject to certain exceptions brought about by lex specialis introduced to Maltese legislation over the years to protect pregnant employees. In a recent decision, the Industrial Tribunal awarded €10,000 in compensation to a pregnant employee who was terminated during her probation period.

Abandonment of employment and maternity leave
  • Malta
  • 01 July 2020

The Court of Magistrates recently decided a case wherein an employer claimed that a former employee had abandoned work within six months of returning from statutory maternity leave and, as such, claimed back all of the wage payments that it had made to her during that time pursuant to Maltese law. The defendant rejected the claim, arguing that she had not willingly resigned or abandoned her employment.

Department of Citizenship and Expatriates issues new measures in light of COVID-19
  • Malta
  • 15 April 2020

In light of COVID-19, Identity Malta's Department of Citizenship and Expatriates has released a number of measures which seek to assist third-country nationals and EU, EEA and Swiss nationals currently residing in Malta with their respective obligations in terms of the Immigration Act and its subsidiary legislation. In addition to these changes, the Central Visa Unit has implemented more rigid measures in light of the travel restrictions imposed. This article provides an overview of the salient changes.

Work-life balance: breath of fresh air for employees, but could more be done?
  • Malta
  • 08 April 2020

One year has now passed since the European Parliament passed the EU Work-Life Balance Directive for parents and carers, but what did it really achieve? In Malta, this directive has been a breath of fresh air for employees, who are now able to better balance their work and family responsibilities. In turn, employers should benefit from more motivated and productive workers. However, the question remains: is the directive's impact on Malta significant or too small?

Special paid leave for mandatory quarantine in Malta in view of COVID-19 pandemic
  • Malta
  • 01 April 2020

In response to the ongoing COVID-19 pandemic, the superintendent of public health has published the Minimum Special Leave Entitlements (Amendment) Regulations 2020. These regulations amend the Minimum Special Leave Entitlement Regulations, introducing a new paid quarantine leave for all employees, payable by their employer.


Shipping & Transport

Contributed by Fenech & Fenech Advocates
Update on yachting procedures
  • Malta
  • 02 September 2020

Malta has always been at the forefront of offering solid, reliable solutions to yacht owners depending on their individual requirements and the intended use of their yacht. The first half of 2020 has seen the introduction of updated rules affecting operating leases and streamlined importation procedures, offering owners the possibility of availing themselves of a number of solutions and procedures catering to their individual requirements.

Dispute resolution regulations for bunkering operations
  • Malta
  • 01 July 2020

Transport Malta's Ports and Yachting Directorate recently issued a port notice to remind recipients about the Dispute Resolution (Procedures) Regulation. The regulation applies to bunkering operations where a dispute has arisen between the bunkering fuel operator and provider and the receiving vessel. The procedure provides for an alternative dispute resolution mechanism that aims to be swift, economical, transparent and simple.

Effect of COVID-19 on Maltese shipping industry
  • Malta
  • 01 April 2020

Faced with the threat of the COVID-19 pandemic, many EU states are increasingly adopting stringent measures to ensure that the spread of COVID-19 is, to the extent possible, contained. Malta is no exception in this regard, with most sectors having been affected to some extent. The local shipping industry has also been hit with several restrictions in recent weeks.

Flag injunctions: practical alternative to ship arrests
  • Malta
  • 11 September 2019

Maltese law is straightforward in terms of who has a right to arrest and which claims can be secured by means of an arrest. However, while ship arrests are a powerful legal remedy for creditors, they have one major limitation: they are possible only where the targeted vessel actually enters Maltese waters. As such, the legal system has introduced the Section 37 injunction, which provides creditors with an interesting, cost-efficient remedy where a ship arrest is not possible.

Irrevocable power of attorney as additional security
  • Malta
  • 19 June 2019

If an event of default occurs, a power of attorney executed by the mortgagor will allow the mortgagee to apply for the immediate closure of the vessel's Maltese register on the mortgagor's behalf and to pay all fees, make all declarations and receive all certificates, including the deletion certificate. While not essential for enforcement, registration of the irrevocable power of attorney is nevertheless an option for mortgagees and provides the added benefit of allowing for swifter enforcement in cases of default.


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