Employer in Malta

In Malta, an employer can be a company, partnership, association, public or private body, or another undertaking; separate legal personality is not required for the employer role. The role covers recruitment, work organisation, supervision, occupational health and safety, worker consultation, conflict handling and organisational change. Jobsplus Employer Services provides the employer account, business details, employee list, vacancy publication and candidate-matching functions. Employers should keep employment records current and submit an Engagement Form for each employee. The official Servizz rule targets submission on the same day, while Jobsplus guidance allows the same day or up to four working days; same-day submission is the safer practice. A Termination Form is required when employment ends. Employers also need a PE Number and must handle Class 1 Social Security payments monthly through the Commissioner for Revenue. The 2026 contribution rate depends on the employee's wage and birth-year category, and the employer contribution usually matches the employee contribution. Employers must give each worker written core employment information within seven calendar days. This includes the employer's identity, workplace, job title and description, start date, termination arrangements, pay package, probation, and overtime or shift rules. Training, leave, termination details, and the relevant Social Security institution belong in the supplementary information due within one month. Employers must state the pay band before recruitment starts. A worker's written pay-information request requires a response within two months. The 2026 Equal Pay (Transparency and Reporting) Regulations apply to public and private employers and cover equal work or work of equal value, including applicant-related requirements. Recruitment normally starts with Maltese, European Union or Swiss candidates. A third-country national, or TCN, is a worker who is not a Maltese, EU or Swiss national. A first-time Single Permit application generally requires a genuine vacancy advertisement through Jobsplus and EURES for at least three weeks during the previous two months, together with employer due diligence and supporting evidence. A Single Permit combines permission for residence and employment; the exact licence path depends on the case. Employment cannot begin before the required permit or approval. The Employer Services Unit, Jobsplus and Identità divide the process. The employer must monitor the permit's validity and end employment when the permit expires. A posted TCN sent from an EU or EEA employer to Malta generally does not need a Maltese Employment Licence, but the Maltese host must notify the Department for Industrial and Employment Relations within 24 hours. TCN workers generally receive the same Maltese working conditions as Maltese and EU workers. Processing can take approximately four months, and permit fees depend on the case and current policy. The Equality for Men and Women Act, Cap. 456, and the National Commission for the Promotion of Equality, or NCPE, provide the relevant equality framework. Direct and indirect discrimination, sexual harassment and victimisation are prohibited in vacancies, recruitment, offers, work management, task allocation, pay, training, promotion and dismissal. A complaint can be taken through the NCPE complaint path. Employers with more than 20 employees generally need a workforce share of at least 2% of persons with disability. If the share is not reached, an annual compensatory contribution can apply, up to €10,000 per employer. Jobsplus and the Lino Spiteri Foundation can support recruitment, and the Access to Employment scheme can provide wage assistance where its conditions are met. Employers must not pass occupational health and safety or personal protective equipment costs to workers. The Health and Safety at Work Act, Cap. 646, has applied since 26 November 2024. The Occupational Health and Safety Authority, or OHSA, regulates this area. Employers need safe working conditions and a suitable, systematic risk assessment covering workers and visitors. They must review the assessment when its validity is in doubt, establish emergency and evacuation procedures, appoint competent persons, provide information, training, supervision and health surveillance where risks require it, and maintain hygiene and welfare facilities. Personal protective equipment and first aid must be provided without charge. External competent services are needed when the employer lacks the required internal competence. Employers must consult workers in good time, including on vulnerable-worker risks, and must plan, organise, control, monitor and review safety arrangements. Telework may require employer-provided equipment and support unless the parties agree otherwise, together with data-protection safeguards and the worker's collective rights. An undertaking with at least 50 employees falls under the Employee Representative Regulations. Where a recognised trade union covers all categories, it appoints the union representative. Otherwise, employees in an unrepresented category can elect representation if the legal conditions are met. The representative must have passed probation. The employer must meet the representative within two months after appointment and at least once every six months afterwards, provide relevant information on recent or expected activities, the economic situation, employment threats and substantial work-organisation changes, and allow reasonable paid time off. Confidentiality and protection against wrongful termination apply. A recognition request goes to the employer with a copy to the Department for Industrial and Employment Relations. The employer supplies the employee list within 48 hours; the Director verifies the claim within 28 days. More than 50% membership normally supports recognition, while competing claims can lead to a secret ballot. The employer publishes the result. Trade disputes can concern working conditions, engagement or non-engagement, termination or suspension, duties, discipline, union facilities, negotiation, consultation or union recognition. The Department for Industrial and Employment Relations can provide mediation or conciliation. A dispute may then proceed to a Minister or court of inquiry, and an Industrial Tribunal can decide where the statutory process permits or both sides apply jointly. The Industrial Tribunal has two members and a chair for an industrial dispute, while the chair acts alone for alleged unfair dismissal. Its decisions are binding, and no application or court fee applies. A written referral normally has to be made within four months. Remedies in unfair-dismissal cases can include reinstatement or compensation. Organisational change can trigger the Transfer of Business (Protection of Employment) Regulations 2002, the Employee (Information and Consultation) Regulations 2006 or collective-redundancy rules. Within a 30-day period, the collective-redundancy thresholds are 10 or more employees at establishments with 20 to 99 employees, at least 10% of employees at establishments with 100 to 299 employees, and 30 or more employees at establishments with at least 300 employees. The employer must give written notice to employee representatives and the Department for Industrial and Employment Relations, consult on the reasons, numbers, selection criteria, redundancy payments and timing, and start consultation within seven working days. Termination normally cannot occur until 30 days after notification to the Department, although the Director may shorten the period or add a further 30 days. A breach can attract a fine of at least €1,164.69 for each affected employee. EURES vacancy publication is free, while permit fees, social security payments and any disability contribution depend on the applicable rules and case.