Intelligence

Malta's new Equal Pay Regulations introduce a restrictive 'single source' test for cross-employer pay comparisons that may conflict with EU law. This analysis examines whether Regulation 8's requirement that undertakings be under common control and carry out the same economic activity is compatible with the broader CJEU interpretation established in Lawrence and codified in Directive 2023/970.

Remote and hybrid work arrangements in Malta carry significant legal implications that extend far beyond operational convenience. Employers must navigate a complex web of employment protections, working-time regulations, data protection requirements, anti-discrimination duties, and cross-border tax considerations. Without proper contractual frameworks and compliance procedures, organizations risk employment claims, discrimination awards, regulatory enforcement action, and unexpected permanent establishment

Malta has introduced amendments to the Minimum Special Leave Entitlement Regulations, establishing a uniform minimum entitlement of three working days for both marriage leave and bereavement leave across all employment sectors. This reform addresses historical discrepancies between sectors that previously resulted in inconsistent leave entitlements, with some employees receiving only one day of bereavement leave and two days of marriage leave while others enjoyed more favorable terms under specific Wage Reg

Maltese employment law departs from the ordinary civil rule that claimants must prove their allegations when it comes to discrimination claims. Once an employee establishes facts suggesting discriminatory treatment, the burden shifts to the employer to prove the decision was lawful and non-discriminatory. This article examines the EU origins of this evidential framework, its implementation across multiple Maltese regulations, and how the courts have applied it in practice.

As businesses expand globally and seek to hire talent across borders, Employer of Record (EoR) arrangements have become an increasingly popular solution. This article examines how Malta's legal and regulatory framework applies to EoR models, exploring the licensing requirements, employment obligations, and potential risks that both EoR providers and user undertakings must navigate when operating in the Maltese jurisdiction.

In the field of employment, there subsists a common misconception that a prospective employer enjoys absolute freedom and discretion in choice of candidates and ultimately, employees.