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News Update: Increase in Annual Leave and Minimum Wage

Employment Law Update

Employment Law Update

Court of Justice of the European Union slams a provision of Austrian law.

On the 16th April 2019 the European Parliament approved new rules on the disclosure of information regarding illegal, fraudulent or harmful activities acquired in a work-related context

Wide interpretation given by the Court of Appeal to the right of appeal on a point of law in unfair dismissal cases

In the case of Joseph Saliba vs Imperial Hotel (Goldvest Company Limited), the facts of the case revolved around Mr Saliba who was employed in various positions within the Hotel Imperial in Sliema until such hotel was acquired by Goldvest Company.

Giada Mifsud Calabro has been awarded damages amounting to €10,846 by the Industrial Tribunal after the Tribunal decided in favour of the employee in a case against Union Print Company Limited.

The Court of Appeal overturned a decision of the Industrial Tribunal given in the names of Marco Pisani vs The AV Warehouse and stated that summary dismissal of an employee must be the exception and not the rule.

The Court of Appeal in its Inferior Jurisdiction overturned a decision taken by the Court of Magistrates and ordered the payment of a performance bonus owed by the Transport Authority in Malta to one of its employees.

A new Directive, known as the Work Life Balance Directive, has been proposed to repeal the existing Framework Agreement on Parental Leave, made binding by Council Directive 2010/18/EU.

In August of 2018, four Legal Notices were published making amendments to annual leave entitlement, itemised payslips, transfer of business legislation and temporary agency workers. These legal notices were suspended shortly after publication with further legal notices being published in December of 2018 to amend some of the suspended provisions, and bring into force.

In today’s world, one of a businesses’ most valuable asset would be its know-how, client base and trade secrets, all of which are becoming increasingly more difficult to protect with the rate of employment turnover of 2018.

On the 5th of October 2018, in the case of Doreen Camilleri vs Commissioner for Information and Data Protection, the Court of Appeal reversed a decision previously taken by the Appeals Tribunal for Information and Data Protection and held that an employee’s email address constituted personal data.

Recent decision of the Court of Appeal regarding transfer of business.

Four employment-related Legal Notices came into force on the 10th of August 2018.

The Italian highest court decides termination of employment was lawful after employee posts disparaging remarks about her employer.

Amendments to the Employment and Industrial Relations Act introduced by Act XIII of 2018.

Court decides on issue of jurisdiction.

In a recent judgment, Ville de Nivelles v Rudy Matzak,decided on the 21st February 2018, the Court of Justice of the European Union tackled the issue of 'working time' in terms of Directive 2003/88/EC concerning certain aspects of the organisation of working time, and provided guidance as to when being on-call must be considered as 'working time' within the meaning of the Directive, even if the worker is at home.

Legal Notice 378 of 2017 has amended the Qualifying Employment in Aviation (Personal Tax) Rules which were originally promulgated in 2016, and amended by means of Legal Notice 1 of 2017.

Under the Qualifying Employment in Aviation (Personal Tax) Rules, which have come into force specifically under the auspices of the Maltese Income Tax Act, expatriates holding an eligible employment and office under a qualifying contract of employment in the aviation industry in Malta may opt to benefit from a reduced flat rate of tax of 15% on their employment income derived in respect of work or duties carried out in Malta. Eligible employment and office under the Rules include the following:

The transfer of undertakings takes place when a business or undertaking is taken over by another Company (new employer) from the current Company (old employer). Any employee in employment, with the old employer, shall be deemed to be in employment by the new employer who shall also take on all the rights and obligations which the employee had prior to the transfer of the undertaking.

Are employers sufficiently aware of their obligations?

Decision by the Court of Appeal stresses the importance of examining substance over form.

GVZH Advocates provides an array of employment-related solutions including contracts of service, dismissals, redundancies, transfers of employees between undertakings, equal treatment on the workplace and the implementation of appropriate systems and procedures for clients’ human resources.

In April of last year, mandatory supplements were introduced for those earning the minimum wage, (and for those who earn slightly more than the minimum wage but less than the new minimum wage with the €3 supplement), by means of amendments to the National Minimum Wage National Standard Order (S.L. 452.71).

In the recent judgment of M.A.I.N. Services Limited et v Albert Galea et (case 1246/07 JZM) delivered on the 28th September 2017, the Court examined in quite extensive detail the nature and the effects of fiduciary duties.

Bosses have limited rights to monitor employees’ private correspondence. Landmark judgement delivered by the Grand Chamber of the European Court of Human Rights in relation to monitoring of employees’ communications.

The recent Legal Notice No. 156 of 2017 (“Leave for Medically Assisted Procreation National Standard Order 2017”) has laid down minimum requirements designed to grant a period of paid leave to employees who undergo the process of medically assisted procreation (hereinafter referred to as the “leave”) whether in Malta or outside Malta.

As stated by the European Court of Justice (“ECJ”), the right of employees to paid annual leave is a “particularly important principle of the European Union social law” which cannot be derogated from the competent local authorities or practices, such as collective agreements, and whose implementation by the said authorities or practices must not fall short of the minimum requirements imposed by European law.

LEGAL BACKGROUND

In this digital age, there is an increased reliance on the internet as a means of conducting business in a more efficient manner. In recent years, businesses have slowly started to move away from traditional methods of conducting business, to a more online based business. This allows for innovation and development in the business sector.

As a specific form of temporary labour mobility, posting of workershas been a prominent topic of public and political debate during previous decades. Several factors have contributed to the debate.

LEGISLATIVE FRAMEWORK

Monitoring of employees at the workplace is not specifically regulated by Maltese Law. In this respect, one  must refer to the Data Protection Act (Chapter 440 of the Laws of Malta), the European Directive 95/46/EC on processing of personal data and free movement of such data, as well as relevant rulings of the European Court of Justice (“ECJ”) and the European Court of Human Rights (“ECHR”), and best common practices.

A principle common to all Member States is that when it comes to working life, employers must strike a balance between monitoring employees and employees’ right to a private and family life. In fact, on the one hand, employers have an expectation to safeguard themselves against “wrongdoing” at the place of work, and on the other hand employees have an expectation of privacy.

Therefore, as a matter of principle, monitoring of employees at the place of work must be reasonable, not excessive and not disproportionate.

An overview of Maltese law rules governing the banking of work hours

AN OVERVIEW OF SEAFARER’S RIGHTS

As emphasised by the International Labour Organizations (ILO), seafarers are frequently exposed to difficult working conditions and particular occupational risks. In fact, since working far from home, they may be vulnerable to exploitation and abuse, non-payment of wages, non-compliance with employment agreements, exposure to poor diet and living conditions.