In recent years, there has been an apparent upwards trend in the Industrial Tribunal granting compensation to successful plaintiffs, thereby significantly increasing the risks for employers, and 2020 was no exception. How the hardships brought about by the COVID-19 pandemic will affect compensation awarded by the tribunal is yet to be seen. However, the tribunal will likely not go easy on employers that are perceived to have dishonestly exploited the pandemic to the detriment of employees.
This article highlights recent amendments to employment law, including with regard to increases to the cost of living, amendments to the minimum wage, confirmation of public holidays and vacation leave in 2021 and clarification of the Industrial Tribunal's jurisdiction, particularly with respect to fixed-term contracts.
In a recent press conference, the government announced details of a revision of the Wage Supplement Scheme, under which COVID-19 business aid will no longer be calculated on the basis of an entity's Statistical Classification of Economic Activities in the European Community classification code, but rather on loss of turnover. This is a key change in approach and will likely affect many businesses.
Maltese law sets out various obligations for employers regarding disability within employment. The employment of persons with disabilities is currently regulated by the Persons with Disability Employment Act and the Equal Opportunities (Persons with Disability) Act, according to which employers are, among other things, prevented from discriminating against persons with disabilities.
Pursuant to a recent European Court of Justice judgment, recourse to a series of successive temporary agency contracts must be justified, as the assignment of a temporary agency worker is, by its very nature, intended to be temporary. This article summarises the judgment and answers FAQs with regard to its impact on Maltese employment law.
A Section 37 injunction allows creditors, in circumstances which give rise to a maritime claim attracting the jurisdiction of the Maltese courts in rem, to obtain a court order which prohibits the vessel from being sold or entering any further mortgages until the merits of the case have been decided in the appropriate jurisdiction. This has proven to be a useful and effective tool for protecting maritime claims.
Malta recently implemented the amendments to the Maritime Labour Convention 2006 into domestic law. As one of the largest ship registries in the world, these changes will have a significant impact on the world's shipping workforce. The new amendments can be divided into two parts introduced in the form of standards: one on seafarers' employment agreements and one on wages. A third amendment, which refers to specific entitlements, was introduced in the form of a guideline.
COVID-19 lockdown measures have significantly disrupted cruise ship operations and the financing arrangements in place between financiers and cruise liner companies. Anxious to maintain the good standing of cruise liner companies during the suspension of operations, financiers have been quick to offer debt restructuring solutions to borrowers to fill the liquidity void. At the local level, the most common refinancing exercise involving Malta-flagged vessels is the renegotiation of debt holidays.
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.
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.