Category: Employment Law

Malta has been the set of several Hollywood blockbuster movies, from Russel Crowe’s Gladiator to Joaquin Phoenix’s Napoleon. Employment relationships in the film industry are governed by Malta’s general employment law framework, however despite the growing industry, Malta lacks specific employment regulations which cater for the needs of the industry’s employees.

Film crew members are not subject to normal full-time employment working hours and conditions. Therefore, the implementation of a set of minimum working conditions for employment in the film industry would ultimately contribute to the wellbeing of employees, as well as for Malta to remain an attractive destination for future productions.

For further information on regarding important working conditions which should be considered for the film industry, you can access the full article:

The Maltese film industry from an employment perspective

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In Malta, employers with 50 or more employees are required to comply with the Employee (Information and Consultation) Regulations (S.L 452.96 of the Laws of Malta), which safeguard employees’ rights to be informed and consulted on key Company matters. These regulations ensure that employees, especially those not covered by a trade union, can elect representatives to voice their concerns on issues such as company performance, job security, and organisational or structural changes within the Company. In this regard, employers facilitate fair elections and the selection process of the employee representative, ensure regular consultations among the other parties, and provide timely information to the representatives. This framework essentially fosters a cooperative work environment, balancing the interests of both the employers and employees, as the weaker party in an employment relationship.

For further information, you can access the full article:

A case study on the Employer’s Obligations with regards to Employee Representatives

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The fundamental principle of equal pay for equal work ensures the parity of wages for similar work, irrespective of gender, race, or status. Employers are legally obliged to prevent any from of direct and indirect gender-based discrimination in the compensation for work of equal value. Such legal obligation stems from Malta’s employment law framework as well as various EU regulations which are committed towards eliminating pay discrimination and any other discriminatory treatment at the work place based on specific characteristics such as religion or religious belief, disability, age, sexual orientation, and racial or ethnic origin.

An employer’s adherence to such legal frameworks not only fosters an equitable and diverse workplace, but it contributes towards tackling the ongoing challenge of closing the gender pay gap that still persists.

For further information on equal treatment in employment, you can access the full article:

A case study on the principle of equal pay for equal work

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Although employers are not legally bound to enlist the gender of an employee within a contract of employment, they are tasked with maintaining a register of the employee’s details, and this includes their gender. In line with the relevant data protection regulations, the processing of data in relation to a person’s sex life or sexual orientation is generally prohibited as it pertains too sensitive information which must be processed with utmost care. When attempting to tackle such issue, employers face a dilemma due to misleading information as to what data they are legally entitled to request from their employees, and the reasons for such request.

Addressing the issue of gender identity in employment matters is a crucial step towards fostering a healthy and inclusive working environment whereby all employees, regardless of their gender identity, feel equally respected and valued.

For further information on how employers should better handle gender data of their employees, in order to minimise the existence of any legal risks, you can access the full article here:

Gender identity data in employment contracts, Malta

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