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ARTICLE · 14 JUNE 2024

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Gender Identity Data In Employment Contracts

GVZH Advocates
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According to the Transparent and Predictable Working Conditions Regulations (S.L. 452.126 of the Laws of Malta), the employment contract established by the employer and the employee shall include, at least...

MaltaEmployment and HR

According to the Transparent and Predictable Working Conditions Regulations (S.L. 452.126 of the Laws of Malta), the employment contract established by the employer and the employee shall include, at least, the basic details of the employee, including a legally valid identification document number, the address of the employee and, their gender. However, in practice it is rarely the case that the employer stipulates the gender of the employee in the contract of employment. In the same manner, the employer is duty bound to keep a register of the employee's main details, including once again, their gender. The distinction is therefore not very clear, and employers are often misled on what information they may legally request from their employees, and for what reasons.

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