Malta Legal Research
Malta Employment Law
Research Maltese employment legislation, termination rights, and Industrial Tribunal decisions with AI-powered search across the full statute book and 80,000+ court judgments.
What LexMT covers
- Employment and Industrial Relations Act (Cap. 452) — full text with amendments
- 80,000+ Malta court judgments including Industrial Tribunal decisions
- Wage Regulation Orders and Subsidiary Legislation (S.L. 452.xx series)
- 28,000+ CJEU decisions on EU employment directives applicable in Malta
Key concepts in Malta employment law
Termination of Employment
Under EIRA (Cap. 452), employment may be terminated with notice, for good and sufficient cause, or by mutual agreement. Notice periods range from 1 week to 8 weeks depending on length of service. Employers must provide written reasons upon request.
Unfair Dismissal
Dismissal without valid reason or proper procedure is unfair under Maltese law. Valid reasons include redundancy, misconduct, or incapacity. The Industrial Tribunal may award compensation of up to 12 months' wages or order reinstatement.
Redundancy
Collective redundancies (10+ employees within 30 days) require notification to the Director of Employment. Selection must follow objective criteria. Employees are entitled to statutory notice and any contractual severance pay.
Probation Periods
Probation cannot exceed 6 months for standard roles or 12 months for technical/managerial positions. During probation, either party may terminate with 1 week's notice. Probation extensions require employee consent.
Working Time & Leave
The Organisation of Working Time Regulations (S.L. 452.87) cap the working week at 48 hours on average. Employees are entitled to a minimum of 24 days' annual leave plus public holidays, with additional entitlements for length of service.
Industrial Tribunal Claims
Claims for unfair dismissal must be filed within 4 months of termination. The Tribunal may order reinstatement, re-engagement, or compensation. Appeals lie to the Court of Appeal on points of law only.
Frequently asked questions
What is the notice period for termination in Malta?
Under EIRA (Cap. 452), notice periods depend on length of service: 1 week for employment up to 1 month, increasing to a maximum of 8 weeks for employment of 4 years or more. The parties may contractually agree to longer notice periods but not shorter.
How long is the probation period in Malta?
Under Maltese law, probation periods cannot exceed 6 months for most employees. For technical, executive, administrative, or managerial roles, probation may extend to 12 months. During probation, either party may terminate with one week's notice.
What constitutes unfair dismissal in Malta?
Under EIRA, dismissal is unfair if it lacks a valid reason (such as redundancy, misconduct, or incapacity) or fails to follow proper procedure. The Industrial Tribunal can order reinstatement or award compensation of up to 12 months' wages.
What is the role of the Industrial Tribunal in Malta?
The Industrial Tribunal adjudicates claims of unfair dismissal, discrimination, and other employment disputes. Claims must be filed within 4 months of termination. The Tribunal can order reinstatement, re-engagement, or compensation.
What are minimum wage requirements in Malta?
Malta sets a statutory national minimum wage, reviewed annually. As of 2024, the weekly minimum wage is approximately €213 for employees aged 18 and over. Wage Regulation Orders may set higher rates for specific sectors.