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PARENTAL LEAVE ENTITLEMENT
Is an employee entitled to return to his job on returning from parental leave?
The employee who exercises the right to avail himself of parental leave shall be entitled to return to the same job that the employee occupied prior to the granting of parental leave, or, where this is no longer possible for specific valid reasons, to an equivalent or similar job consistent with the original contract of employment of the employee.
Which is the fine if somebody is contravening the regulation?
Any person contravening the provisions of these regulations shall be guilty of an offence and shall be liable, on conviction, to a fine of not less than one hundred and sixteen euro and forty-seven cents (116.47) and not more than one thousand and one hundred and sixty- four euro and sixty-nine cents (1,164.69).
What is the hourly rate for part-time work?
Part-time employees shall be paid the same hourly rate applicable to comparable whole-time employees and for the purposes of this regulation, the wage applicable to the part-time employee shall be the hourly rate related to the number of hours of work for which the employee is employed.
When should a dismissal be considered as unfair?
A part-time employee shall be regarded as having been unfairly dismissed if the reason for the dismissal or the grounds for the dismissal are:
- [A] That the employee has:
- Brought proceedings against the employer under these regulations; requested from his employer a written statement of reasons under regulation 5
- Given evidence or information in connection with such proceedings brought by any employee
- Otherwise done anything under these regulations in relation to the employer or any other person
- Alleged that the employer had infringed these regulations; or
- Refused (or proposed to refuse) to forgo a right conferred on him by these regulations; or
- That the employer believes or suspects that the employee has done or intends to do any of the things mentioned in paragraph [A]
What does the employer have to do when he wants to apply collective redundancies?
In all cases of collective redundancies, the employer proposing to declare the redundancies, shall not terminate the employment of such employees before he has notified in writing the employees’ representatives, of the termination of employment contemplated by him and has provided the said representatives with an opportunity to consult with the employer and the employer shall also forward to the Director responsible for Employment and Industrial Relations.
When do redundancies come into effect?
Saving the right of employees regarding notice of dismissal, any projected collective redundancies notified to the Director responsible for Employment and Industrial Relations and the redundancies take effect on the lapse of thirty days after the said notification.
CONTRACTS OF SERVICE FOR A FIXED TERM REGULATIONS
What is a fixed term contract of service?
The contract of service for a fixed term is a contract of service entered into between an employer and an employee where the end of the contract is determined by reaching a specific date, or by completing a specific task, or through the occurrence of a specific event.
INFORMATION EMPLOYEES REGULATION
If the employee leaves Malta for work abroad, what should she/he have in his/her possession?
She/ he has to have a signed copy of the contract of work. If this has not be inside the employee should have a letter of engagement or a signed statement by not later than 8 working days from star to employment.
Besides the above, the employee should know:
- The duration of the employment abroad
- The currency to be used for the payment of remuneration
- Where appropriate, the benefits in cash or kind attendant on the employment abroad; and
- Where appropriate, the conditions governing the employee’s repatriation.
TRANSFER OF BUSINESS
ORGANISATION OF WORKING TIME REGULATIONS
URGENT FAMILY LEAVE
Which are the most important reasons?
- Accidents to members of the immediate family of the employee
- The sudden illness or sickness of any member of the immediate family of the employee requiring the assistance or the presence of the employee
- The presence during births and deaths of members of the immediate family of the employee
ORGANISATION OF WORKING TIME (CIVIL AVIATION)
What is the maximum annual working time?
It shall be the duty of the employer to ensure that the maximum annual working time, including some elements of standby for duty assignment, shall not exceed 2000 hours, within which, the block flying time shall be limited to 900 hours, provided that the maximum annual working time shall be spread as evenly as practicable throughout the year.
PROTECTION OF MATERNITY (EMPLOYMENT)
Is a pregnant employee entitled to payment during maternity?
Yes, she is and the employer shall pay the employee for the whole of the period necessary to protect the employee’s safety or health, a special allowance equivalent to the rate of sickness benefit payable in terms of the Social Security Act, provided that the employee shall remain entitled on termination of the special maternity leave, to all benefits which may accrue to other employees of the same class or category of employment at that place of work.
What measures should an employer take when an employee is pregnant?
The employer takes measures to protect the health and safety of an employee who becomes pregnant or starts breastfeeding, in terms of the General Provisions for Health and Safety at Workplaces Regulations, to prevent the risk of exposure which could jeopardise the health or safety of such an employee, to agents, processes or working conditions to which exposure is prohibited in terms of specific provisions made under the Occupational Health and Safety Authority Act, provided that the employee has duly informed her employer that she is pregnant or breastfeeding.
Could a pregnant employee work during the night?
Yes, she could but the employee’s employment rights shall be ensured and her wages shall not be less favorable than those stipulated in her contract of employment when an employer, who a received notification by means of a medical certificate that an employee should not perform night work during her pregnancy and during breastfeeding for reasons relating to her health and safety, transfers her to daytime work to comply with his obligations as an employer in terms of the Occupational Health and Safety Authority Act, or of subsidiary legislation issued there under.
What is the amount of maternity leave that an employee is entitled to and how should it be administered?
A pregnant employee can resort to maternity leave for an uninterrupted period of fourteen weeks; with full pay. As from 2012 the entitlement of maternity leave was extended to sixteen weeks and as from 2013, it will be extended to eighteen weeks. However, if the employee chooses to avail herself of any additional maternity leave beyond the fourteen weeks, the employer shall not be obliged to pay any wages for those weeks of maternity leave which go beyond the aforementioned fourteen weeks, without prejudice to any relevant benefit in respect of any period of maternity leave which goes beyond fourteen weeks in terms of the Social Security Act
to which the employee may be entitled. The employee has to notify her employer in writing of the date when she intends to avail herself of such entitlement at least four weeks before its commencement, in so far as is reasonably practicable. The employee is obliged to avail herself of six weeks of the total entitlement immediately after the date of confinement. Another four weeks are to be taken immediately before the expected date of confinement, unless agreed otherwise between the employer and the employee. The remaining balance of entitlement to be availed of, in whole or in part may be taken, either immediately before or immediately after the aforementioned periods, as the employee may decide.
Is a pregnant employee obliged to work overtime?
No, she is not, employees shall not be obliged to work overtime:
- During pregnancy
- For a period of twelve months from either the birth of his or her child or from the effective date of the adoption of a child, provided that the right granted in this regulation shall be anon transferable right
Can an employee be dismissed when she is on maternity leave?
No, the employee can not, and it shall not be lawful for the employer to dismiss a pregnant employee, an employee who has recently given birth or a breastfeeding employee, from the date in which such employee informs her employer, by means of a certificate issued by a registered medical practitioner or midwife, of her pregnancy to the end of her maternity leave, or during any period of special maternity leave, because of her condition or because she avails herself or seeks to avail herself of any rights in accordance with these regulations.
YOUNG PERSONS (EMPLOYMENT) REGULATIONS
EQUAL TREATMENT IN EMPLOYMENT REGULATIONS
Which is the role of an employer?
An employer takes effective measures to prevent all forms of discrimination in access to employment vocational training and promotion.
MINIMUM SPECIAL LEAVE ENTITLEMENT REGULATIONS
What is the minimum special leave entitlement?
Every employee shall on employment, be entitled to be granted by his employer.
- One working day of bereavement leave;
- One working day of birth leave;
- Two working days marriage leave;
- Up to one year of injury leave;
- Jury service leave for as long as necessary.