In a recent press conference, the government announced details of a revision of the Wage Supplement Scheme, under which COVID-19 business aid will no longer be calculated on the basis of an entity's Statistical Classification of Economic Activities in the European Community classification code, but rather on loss of turnover. This is a key change in approach and will likely affect many businesses.
Maltese law sets out various obligations for employers regarding disability within employment. The employment of persons with disabilities is currently regulated by the Persons with Disability Employment Act and the Equal Opportunities (Persons with Disability) Act, according to which employers are, among other things, prevented from discriminating against persons with disabilities.
Pursuant to a recent European Court of Justice judgment, recourse to a series of successive temporary agency contracts must be justified, as the assignment of a temporary agency worker is, by its very nature, intended to be temporary. This article summarises the judgment and answers FAQs with regard to its impact on Maltese employment law.
In 2017, by means of Subsidiary Legislation 452.114, the legislature set out the minimum requirements to grant paid leave to employees who undergo medically assisted procreation processes, also known as 'in vitro fertilisation'. By means of Legal Notice 263/2020, the legislature has amended the national standard order and further extended the limits of this law to include more beneficiaries.
Under Maltese law, employers and employees can terminate an employment agreement during the probation period without giving a valid reason. This is subject to certain exceptions brought about by lex specialis introduced to Maltese legislation over the years to protect pregnant employees. In a recent decision, the Industrial Tribunal awarded €10,000 in compensation to a pregnant employee who was terminated during her probation period.
Malta recently implemented the amendments to the Maritime Labour Convention 2006 into domestic law. As one of the largest ship registries in the world, these changes will have a significant impact on the world's shipping workforce. The new amendments can be divided into two parts introduced in the form of standards: one on seafarers' employment agreements and one on wages. A third amendment, which refers to specific entitlements, was introduced in the form of a guideline.
COVID-19 lockdown measures have significantly disrupted cruise ship operations and the financing arrangements in place between financiers and cruise liner companies. Anxious to maintain the good standing of cruise liner companies during the suspension of operations, financiers have been quick to offer debt restructuring solutions to borrowers to fill the liquidity void. At the local level, the most common refinancing exercise involving Malta-flagged vessels is the renegotiation of debt holidays.
Malta has always been at the forefront of offering solid, reliable solutions to yacht owners depending on their individual requirements and the intended use of their yacht. The first half of 2020 has seen the introduction of updated rules affecting operating leases and streamlined importation procedures, offering owners the possibility of availing themselves of a number of solutions and procedures catering to their individual requirements.
Transport Malta's Ports and Yachting Directorate recently issued a port notice to remind recipients about the Dispute Resolution (Procedures) Regulation. The regulation applies to bunkering operations where a dispute has arisen between the bunkering fuel operator and provider and the receiving vessel. The procedure provides for an alternative dispute resolution mechanism that aims to be swift, economical, transparent and simple.
Faced with the threat of the COVID-19 pandemic, many EU states are increasingly adopting stringent measures to ensure that the spread of COVID-19 is, to the extent possible, contained. Malta is no exception in this regard, with most sectors having been affected to some extent. The local shipping industry has also been hit with several restrictions in recent weeks.