employment

Whether you are an employee or an employer, Fenech & Fenech can assist you with any query, concern or dispute which you may have concerning employment law. Our highly experienced team understands the value of risk-management in employment; that commercial success or your employment depends on strategic and legally sound policies and practices and that in all cases, with some careful planning, those rights, duties and expectations of the employer or of the employee may be transformed into concrete opportunities. The Firm’s services include legal compliance, risk and claim prevention, management of cross-border issues and Employment or Occupational, Health & Safety related dispute resolution, settlement or litigation.

 

With over one hundred employment, work and occupational health and safety related regulations enforceable in Malta (combined with an intricate EU Employment law framework) employers and employees must face an array of complex and often contradictory labour and employment laws often leading to obscure and ambiguous circumstances. If mishandled, neglected or otherwise overlooked one risks facing compliance issues, legal liability or damages combined with direct consequential effects such as less productivity, less profitability, and loss of reputation. Fenech & Fenech has the right team, the tools and experience to assist you evaluate your risks, to pre-empt future claims or problems and to combat or settle any issues or disputes you may be faced with.

 

If you are an employer, the firm can provide you with holistic assistance for all your needs, ranging from the setting up of the right business vehicle, registering the employer and obtaining an Employer Number (PE), assisting with employee recruitment and training (including procurement of travel Visas and Work Permits) and providing employer guidelines relating to employee registration and employee-data retention amongst other things. We provide bespoke legal advice which caters for all types of employment whether definite or indefinite, part-time or full-time, traineeships, casual work etc. Fenech & Fenech can help with the drafting or auditing of customised employment contracts, engagement letters and other matters related to the employee’s employment conditions (including working time, overtime, rest-periods, salaries, leave and special leave entitlements, social security entitlements) with focused advice for specialised industries (such as that of igaming, shipping, software development, banking and financial services to name a few).

 

The services offered by Fenech & Fenech include:

 

(i) Drafting and auditing of handbooks and implementing, monitoring and enforcing policies (including those on Confidentiality, Data Protection, Intellectual and Industrial Property including Trade Secrets, Health and Safety, anti-Discrimination, anti-Harassment, Leave entitlements and use of company assets).

 

(ii) Providing guidance and legal advice on Transfers of Employees and the consequences (including Tax-related consequences) of major corporate restructurings and transactions and merger and acquisition activities.

 

(iii) Assisting with (a) changes in Employment Conditions, (b) issuing Warnings, (c) granting Promotions, and (d) offering Training Schemes;

 

(iv) Assisting with Employee Representation, Labour and Trade Union activities, collective bargaining, interpretation of employment terms and conditions and grievances and industrial disputes.

 

(v) Assisting and issuing legal advice on Terminations and Redundancies (including the issuing of employee warnings and drafting of settlement agreements);

 

(vi) Dispute Resolution and Litigation in the Maltese Employment Tribunal and/or Courts of Law as applicable in relation to employment matters, including claims on unfair termination, discrimination, harassment, IP protection etc; and

 

(vii) Carrying out of Employment Due Diligence reports.

 

If you are an employee, Fenech & Fenech can assist you with its experience and expertise in advising and representing employees in all employment matters ranging from contract drafting and auditing, the interpretation of contractual terms and conditions and generally advising the employee of his rights and the employer’s duties at law. This includes assistance on matters relating to the employee’s employment conditions, minimum entitlements at law (salary, overtime, bonuses, leave (vacation, sick, maternity, parental, urgent, jury etc), promotions, privacy, discrimination, harassment, place and hours of work, and Intellectual Property Rights.

 

Ultimately, the team of qualified employment litigators at Fenech & Fenech guarantees quick and efficient advice and legal representation when it comes to dealing with dispute resolution, settlement or litigation on employment matters including, wrongful termination (including Constructive Dismissals to the detriment of employees), warnings, discrimination, disability, health & safety, data protection, defamation, and the employee’s rights to be informed, notified and represented.