EMCC European Monitoring Centre on Change

Malta: Effects of non-compliance with dismissal regulations

Malta
Phase: Management
Type:
Effects of non-compliance with dismissal regulations
Sist endret: 22 September, 2019
Virkelig navn:

Leġislazzjoni Sussidjarja 452.80 - Regolamenti dwar Sensji Kollettivi (Harsien ta’ l-Impjiegi) (Avviż Legali 428 ta’ l-2002, kif emendat bl-Avviżi Legali 427 u 442 ta’ l-2004) u Avviz Legali 281 of 2017; Kap. 452 - Att dwar l-Impiegi u r-Relazzjonijiet Industrijali, 2002

Engelsk navn:

Subsidiary Legislation 452.80 - Collective Redundancies (Protection of Employment) Regulations (Legal Notice 428 of 2002, as amended by Legal Notices 427 and 442 of 2004 and L.N. 281 of 2017; Cap. 452 - Employment and Industrial Relations Act, 2002

Artikkel

Collective Redundancies (Protection of Employment) Regulations as amended by L. N. 428 of 2002, as amended by Legal Notices 427 and 442 of 2004 and 281 of 2017 - Whole regulation; Employment and Industrial Relations Act, 2002 - Articles 36 and 81

Beskrivelse

Collective dismissals

In the event of non-compliance with the Collective Redundancies (Protection of Employment) Regulations, the legislation specifies fines of not less than €1,165 for every employee declared redundant.

The Department of Industrial and Employment Relations can take action regardless of whether a collective redundancy (10 dismissals in companies with 21-99 employees, 10% of staff in companies with 100-299 employees, 30 dismissals in larger companies) has been notified or not to the Director General Industrial and Employment Relations. The Department of Industrial and Employment Relations is empowered to pass on the case to the police to take criminal action in the case of a breach of any of the provision of the Collective Redundancies (Protection of Employment) Regulations.

Moreover, the affected party (being the employee or ex-employee) can also institute a claim of alleged unfair dismissal before the industrial tribunal which has exclusive jurisdiction in cases of alleged unfair dismissal.

If the employer fails to give the employee the statutory notice period or does not require the employee to work during the notice period, the employer has to pay the employee a sum equal to the full wages that would be payable in respect of the unexpired period of notice.

Kommentarer

Labour legislation and related amendments are discussed at formulation stage in the tripartite Employment Relations Board (ERB). Members forming this board come from trade unions, employer associations and the government. 

Cost covered by
  • Employer
Involved actors other than national government
  • Employer organisation
  • Trade union
  • Other
Involvement others
Industrial tribunal; Employment Relations Board; Department of Industrial and Employment Relations
Thresholds
No, applicable in all circumstances
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