Abolishment of ‘Employment License’ Requirement for Residents with Long Term Status
In July 2020, the EU Commission (‘Commission’) initiated infringement procedures against Malta in relation to the abolishment of the employment license requirement for residents with long term status as the Commission concluded that such requirement represents an infringement of Article 11(1)(a) of the Long-Term Residence Directive (2003/109/EC) (‘Directive’).
The Suspension of Company Directors’ Liability – What’s the Story?
On 15th September 2020, the Companies Act (Suspension of Filing for Dissolution and Winding Up) Regulations (the ‘Regulations’) were introduced as part of several other measures intended to protect local businesses from the adverse economic impact brought about by the COVID-19 pandemic. They became applicable retrospectively as from 16th March 2020.
ESMA issues Consultation Paper on Draft RTS under ECSP Regulation
In October 2020, the EU approved a new regulation (Regulation (EU) 2020/1503) establishing crowdfunding rules applicable across the Union. The Regulation is applicable to European Crowdfunding Service Providers (ECSP).
The Equality Bill and its Impact on Employment
Whereas the right not to be treated in a discriminatory manner is enshrined in the highest law of the land – the Constitution, measures in favour of protection against discrimination specifically in relation to employment matters may be found both in the Employment and Industrial Relations Act (Chapter 452 of the Laws of Malta), as well as …
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Will The Right to Disconnect become the New Reality?
The right to disconnect refers to a worker’s right to be able to disengage from work and refrain from participating in work-related communications, such as emails and WhatsApp messages, during non-working hours.
The Reinstatement of an Employee Following a Case of Unfair Dismissal
The Employment and Industrial Relations Act[1] (‘EIRA’) regulates the powers of the Industrial Tribunal (‘Tribunal’) in cases of dismissal. Article 81(1) of the EIRA states that upon concluding that the dismissal of an employee was unfair, and upon the specific request by the complainant, the Tribunal may proceed with the reinstatement or re-engagement of such employee.
The Recharacterisation of Employment – A Reality
A preliminary ruling given by the Industrial Tribunal on the 15th of December 2020 in the case of Bourgeais vs. Sara Grech Ltd.[1], has shed some well needed light on the matter of recharacterisation of employment in terms of the Employment Status National Standard Order, Subsidiary Legislation (‘SL’) 452.108[2].
Public Tenders and Contracts in Malta; An Insight into the Key Requirements and Notions
Under Maltese law, the main legislative instrument in the field of public tendering and contracting is the Public Procurement Regulations, Subsidiary Legislation (‘SL’) 601.03.
Clarification Issued by the FIAU with respect to Insurance Brokers and Tied Insurance Intermediaries
On 2nd February 2021, the Financial Intelligence Analysis Unit (FIAU) issued an Interpretative Note in relation to the interpretation of Article 2(1)(d) of the Prevention of Money Laundering and Funding of Terrorism Regulations (the “Regulations”), the interpretation of which was causing difficulty to certain entities and individuals operating within the insurance sector.
Sustainable Finance – Are you ready for 10 March 2021?
Sustainable finance has, after years of ongoing debate, finally come to the forefront of regulation within the EU. Until now, financial regulation has primarily required financial institutions to focus on financial risks for clients. Increasingly, there is a demand that such institutions look at investments’ sustainability risks and opportunities.