From One Generation to the Next – The ‘Pass it on’ Method of Port Workers’ Licences in Malta
The current method of how licences are obtained by port workers in Malta is controversial. The issue mainly lies in the fact that once a port worker stops working in their role, their family members may be allowed to take over their position. This reality clearly infringes employment rules of the European Union (EU), and …
Examination of the Proposal for a Directive of the European Parliament and of the Council – to strengthen the application of the principle of equal pay for equal work; or work of equal value between men and women, through pay transparency and enforcement mechanisms (the ‘Proposal’)
The rationale behind the 2021 Proposal was namely due to the existence of a gender pay gap among men and women in the workplace, which has been determined to leave a long-term impact on; The quality of women’s life; Their increased risk of exposure to poverty; Persistence in the pension pay gap. The need was …
Employees and their entitlement to Rest Periods in Employment
Employees are entitled to minimum periods of both daily rest and weekly rest; these are two separate and independent rights for all employees. This has been confirmed in the Hungarian case C477/21, under the names of IH – v – MÁV-START Vasúti Személyszállító Zrt., decided on the 2nd of March, 2023, and decided by the European Court of …
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Back-to-Back Aircraft Transactions: Sensible Strategy or Horrendous Heap?
The present economic recession, the restrictive credit market and the unfavourable press have all had a significant impact on the business aviation industry. Whilst any aircraft transaction requires exceptional attention to detail, a good dose of fear and a properly constructed backup plan, in a “back-to-back” arrangement, the probability of things not turning out as …
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Amendments to Employment Law | What you Need to Know – Part II
Part 2 – The Regulations Scope and Application The amendments emerging from the Transparent and Predictable Working Conditions Regulations apply to all employees in the EU who possess an employment contract, collective agreements or practice as employees in each Member State (MS). Some parts of the Regulations also apply to seafarers and sea fishermen. The …
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Amendments to Employment Law | What you Need to Know – part I
Act no. XX of 2022 came into force on the 20th of December 2022, to amend the Employment and Industrial Relations Act (Chapter 452 of the Laws of Malta), partially transposing EU Directive 2019/1152 on transparent and predictable working conditions in the European Union. The latter considers the main conditions of work within an employee …
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Amendments to the Aircraft Registration Act: Key Observations.
Malta is an optimal jurisdiction for Aircraft Registration and many advantages come part and parcel with registering an aircraft in the Maltese islands[1]. On the 6th of June 2021, the President of Malta signed Act XXXVII of 2021 into law. The raison d’etre of this act aimed to amend several laws which relate to aircraft …
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A snapshot of directors’ exposure to liability for crimes attributable to a company in the light of Maltese law
One of the principal objectives of company law is to strike a workable balance between, on the one hand, granting sufficient discretion to the directors of a company to exercise their powers in furtherance of the pursuit of the company’s business objectives whilst, on the other hand, constraining the abuse of those powers by directors. …
Article on the recent changes affecting a contract of employment that requires the employee to work mainly outside Malta
On the 11th October 2021, the Minister for Finance and Employment Hon. Clyde Caruana has delivered the budget speech which was later followed by the publication of Bill No. 247 before Parliament. The principal aim of this Bill was to enforce some of the measures discussed in the Budget Measures Act, effective from financial year …
Couriers and Delivery Drivers – A special Category within Employment Legislation?
Since the start of the Covid-19, many industries have had to be reshaped. Curfews, restrictions and temporary closures applicable to restaurants, bars and even retail outlets have promoted a trend towards takeaway and delivery services as opposed to dining in and in-store shopping. As a result, the past few years have seen a boom in …
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