Employment and Industrial Relations

Infosheet on the Work-Life Balance Regulations

The Employment Law Department just published the Infosheet on the Work-Life Balance Regulations which is available by clicking here.

You may also listen to the Podcast where Dr. Paul Gonzi, Partner and Head of the Employment Law Department at the Firm, discusses the newly introduced Work-Life Balance for Parents and Carers Regulations with Ms. Diane Vella Muscat, Director General of the Department of Industrial and Employment Relation via this link: https://www.buzzsprout.com/1906923/11201698

The EU Whistle-blower Protection Directive – Get prepared!

Authors: Paul Gonzi, Partner and Head of the Employment Law Department and and Mattea Pullicino, Associate

Whistleblowing in Malta is currently regulated by the Protection of the Whistleblower Act (Chapter 527 of the Laws of Malta), which protects whistleblowers from detrimental action for having raised a legitimate disclosure about an improper practice, including corrupt practices, however, this Act has limited application in that it only applies to certain government entities, voluntary organisations which raise more than €500,000 in donations and public collections and, those few organisations in the private sector that employ more than 250 employees and satisfy a very high threshold in terms of total balance sheet and/or annual turnover.

The European Whistleblower Protection Directive (2019/1937) was enacted in December 2019 and EU Member States, including Malta, have until the 17th December 2021 to transpose the Directive. Employers with more than 250 employees will be required to comply with the new rules immediately upon transposition however, and by way of derogation, a transitional period may be introduced for private-sector employers employing 50 to 249 workers, in which case, compliance with such legislation must be in place by not later than the 17th December 2023. Whether Malta will adopt such transitional period, is yet to be announced.

The Directive seeks to promote a safe and secure way for persons to report and speak up about misconduct in their work environment. Private companies and public entities to whom the Directive applies, will have to set up effective internal reporting channels, ensuring confidentiality and compliance with data protection laws. The Directive seeks to provide for protection from detrimental action, including victimisation when reporting. Companies must therefore have in place clear and easily accessible information which is free of charge in relation to procedures for reporting, protective measures, available remedies and access to advice.

Companies ought to be assessing their existing policies, and assessing whether they already are or will become required to roll out a Whistle-blowing Policy in conjunction with a fully-fledged Whistle-blowing system that works in practice. Launching a whistleblowing mechanism does not happen overnight, rather it requires a detailed process which ensures that the system is compliant with whistleblowing legislation, as well as with ancillary rules such as GDPR, which is likely to warrant a Data Protection Impact Assessment exercise prior to launch. HR teams and employees must also be trained, knowing how to identify and handle whistleblowing, as opposed to the handling of grievances and disciplinary processes.

We continue to monitor developments and shall be issuing further updates on this subject.

©Fenech & Fenech Advocates 2021 
Disclaimer │ The information provided in this article does not, and is not intended to, constitute legal advice. All information, content, and materials available are for general informational purposes only.  This article may not constitute the most up-to-date legal or other information and you are advised to seek updated advice.

Employment 2021: A Chambers Global Practice Guide Publication – Fenech & Fenech Advocates on Malta

Paul Gonzi, Partner and Mattea Pullicino, Associate within our Employment Law Department have co-authored the Malta Chapter of the Employment 2021: A Chambers Global Practice Guide Publication which was recently published online by Chambers and Partners.

Click here to access the publication: https://practiceguides.chambers.com/practice-guides/employment-2021/malta

F&F Malta Employment Law Conference 2016

10 SEP 2016 – The Malta Employment Law Conference 2016, is a full-day training conference to be held on the 30th September hosted by Fenech & Fenech Advocates Malta, which shall be dealing with the most current and topical Employment Law issues arising in the Maltese law context.

Together with Fenech & Fenech’s in-house speakers, Guest speakers from The Office of the Information & Data Protection Commissioner (IDPC), the Department of Industrial & Employment Relations (DIER), Mr. Joe Farrugia, from the Malta Employers’ Association (MEA), and the National Commissioner for the Promotion of Equality, Ms. Renee Laiviera shall be participating throughout this day conference, giving participants their invaluable and practical insight and knowledge on their respective areas of expertise.

This Conference is aimed at Human Resources Professionals, Managers and Executives, Employers and Legal Professionals interested in the field.

Participation Fee is €100 (incl. VAT) which includes coffee breaks, lunch and a free tour of Fort St. Elmo.

Download your Participation Form here and confirm your attendance by sending in the complete Participation Form to melc@fenlex.com