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Latest News 

New Regulations Issued Under EIRA 2002 During 2007

This year has been an exceptionally busy year for Government as a number of regulations amending existing legislation have been published in order to perfect compliance with the various EU Directives and Regulations that have already been incorporated in our law.

Part Timer Benefits Amendment

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Replacement of the Fixed Term Contracts Regulations

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Private Rules for the Public Service

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Amendment to the Equal Treatment Regulations of 2004

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From The Courtroom 

The Right to a Fair Hearing - Even if the Employee Cannot Attend

One of the most interesting cases I have ever read is the Court of Appeal Decision published on the 11th of October 2006 in the names of JV vs Bank of Valletta plc. In this case, the employee was accused of a drug related criminal offence which was punishable with imprisonment. He was found guilty by the Inferior Court and by the Court of Criminal Appeal.

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The Abuse of Fixed Term Contracts in the Public Sector

There seems to be a lot of following in relation to the ongoing debate in Malta vis-a-vis the public sector contracts of definite duration, some of which have been annually renewed for over 20 years. Unfortunately, in Malta the Government saw it fit to control the abuse of successive fixed term contracts in the private sector by means of the 2002 regulations (that determine that unless an employer has objective reasons for doing so, that employer cannot give successive fixed term contracts for more than 4 years at a stretch) but no legislation has been promulgated to curb the abuse in relation to those employees who are employed by none other than the Government itself.

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Management Beware! - No Warnings Allowed

Another judgment of interest was published on the 20th October 2005 by the First Hall of the Civil Court in the names of Stefan Attard vs Fgura Local Council. This judgment concerned the request for compensation of an employee for the remainder since his contract of employment for a fixed term had been terminated.

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