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.
Brexit has given rise to a new opportunity for the Malta Ship Registry to consolidate its prominent global maritime flag position and may have a lasting positive impact in this respect. However, the uncertainties caused by Brexit are not the only reason why Malta is a popular flag choice; this article outlines some of the additional benefits.
The Malta maritime flag is chosen by corporate entities and individual owners alike for both commercial and pleasure crafts of all types and sizes. Owners have various options when it comes to deciding the ownership structure for a vessel that is to be registered under the Malta flag. However, non-Maltese owners must appoint a resident agent that is habitually resident in Malta for the purposes of acting as a channel of communication between the Maltese authorities and the non-Maltese owner.
A creditor recently obtained a Section 37 order on a provisional basis from the Maltese courts as security for a claim arising from a dispute under a charterparty. The purpose of the order was to prohibit the sale, transfer or deregistration of the vessel while the merits of the case were being determined. While the law allows owners to opt to deposit security, the legislature has catered for these instances to ensure that creditors' rights are not prejudiced.
The Malta flag is often considered a flag of choice for shipowners, charterers and financiers alike. Among the various aspects which make the Malta flag an attractive option are the Tonnage Tax Rules. Legal Notice 128/2018 has significantly contributed to the further enhancement of the Maltese legal framework, and the response by management companies to this new scheme has been positive.
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.