Employment & Immigration, Fenech & Fenech Advocates updates


Contributed by Fenech & Fenech Advocates
Extension of paid leave for IVF
  • Malta
  • 07 October 2020

In 2017, by means of Subsidiary Legislation 452.114, the legislature set out the minimum requirements to grant paid leave to employees who undergo medically assisted procreation processes, also known as 'in vitro fertilisation'. By means of Legal Notice 263/2020, the legislature has amended the national standard order and further extended the limits of this law to include more beneficiaries.

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?

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