Module 1 – The Employment Relationship, the Employment Contract and Conditions pertaining thereto

Session 1 – The Employment Relationship and the Employment Contract

i. Employment law in Malta – sources of law, including Principal Act, secondary legislation, National Standard Orders (NSOs)

ii. The role of the Employment Relations Board

iii. Employee and Employer relationship and important definitions such as:

1. Full-time vs part-time, and full-time with reduced hours

2. The elements of a Contract of service vs contract of employment

3. Who the employer is vs who the employee is

4. Trade disputes

iv. Comparing Definite vs Indefinite contracts of employment

v. Collective agreements, Trade unions and employees’ representatives/associations

vi. The life of an employment contract and conditions of employment – understand the key components of an employment contract, from the initial drafting to the termination phase.  This will primarily focus on putting in place strong contracts that protect both employees and employers

Session 2 – The recognised Conditions of Employment

Discussion and overview of the main Employment conditions, including:

i. Hours of employment and overtime

ii. Period of employment, if any

iii. Weekly and yearly Rest periods

iv. Leave entitlement such as: Sick leave, Maternity Leave, Paternal Leave, Parental Leave, Carer’s leave, Injury Leave, Bereavement leave, Jury Service leave, Adoption Leave etc.

v. Public holidays and National holidays

vi. Night and Shift work

vii. Probation

viii. On call

ix. Remuneration and payment of wages, and benefits – law on the Protection of wages

x. Other terms of engagement

xi. Reasons for termination, payment of notice and notice periods

Session 3 – Teleworking, Remote Working & Flexible Working Conditions

– Legal aspects on remote working conditions

– The possibility for flexi-working and Flexible working arrangements

– The pros and cons of offering remote/flexi-working

– The rules governing Remote work, what to include in the employment contract, any regulations which must be adhered to and agreements on the matter by the employer and employee

– Working time and the right to disconnect (group discussion)

Module 2 – Date Protection & Privacy and the Regulatory Employment Framework

Session 4 – Data Protection and Privacy

i. Data protection from an HR Perspective (to be delivered by Jackie) – exploring the complexities of data protection in HR practises, including transferring and managing employee data, maintaining confidentiality, complying with relevant data protection laws to safeguard special categories of data and sensitive information and employee rights;

ii. Data Privacy – the GDPR Regulation in employment matters, frequently asked questions on privacy in employment, the rights of employees and obligations of employers regarding data privacy, data privacy and social media. This session will cover questions such as:

– ​What personal data is normally requested by the employer and may it be included in an employment contract?

– ​For how long can such data be retained by the employer?

– ​For what reasons is the data obtained and/or retained during and post employment?

-​Is consent a valid basis for processing personal data relating to employees?

-​How do employee data protection rights affect the employment relationship? Can an employer transfer employee data freely to other countries?

– ​Do employees have a right to obtain copies of any personal information that is held by their employer?

– ​Are employers entitled to carry out pre-employment checks on prospective employees (such as criminal record checks)?

-​Are employers entitled to carry out ongoing tests at the place of work (such as drug tests)?

– ​Are employers entitled to monitor an employee’s emails, telephone calls or use of an employer’s computer system?

– ​Can an employer control an employee’s use of social media in or outside the workplace?

– ​Can an employee’s image be used for the employer’s marketing material?

Session 5 – Workplace Health & Safety Regulations and the Protection of the Whistleblower

Part 1: Key elements of workplace health and safety rules (Occupational Health and Safety regulations [OHS])

– How to create a safe work environment to ensure compliance with these standards in order to safeguard employees’ well-being and meet legal requirements

– Relevant regulations to avoid potential legal pitfalls

– Mental health and wellbeing policy

Part 2: The Whistleblower Policy & Employee Protection

Understanding whistleblower laws (the  Protection of the Whistleblower Act Cap.589)

– Encouraging employees to disclose wrongdoing; when and how

– How to protect employees who voluntarily come forward with valuable information, as well as how to defend their interests and build a transparent work culture.

Session 6 – Regulatory session

Part 1: Enforceability of Non-Compete clauses

– Restrictions on working with competitors – non-compete / restrictive covenant clauses;

– Duration of non-compete and why they are used;

– Sample clauses in employment contracts & discussions

– According to local jurisprudence on the matter, what is considered to be deemed legally valid for a restrictive covenant clause [Not contradict public policy; Be reasonably justified; where various factors are considered such as the nature of the business in question, the role, position and salary of the employee, his effective period of service with that company; Be limited in time, geography and scope; Be in the interest of both contracting parties; Be compensated fairly, which we take to be 70% of the salary.

– Case law and competition law implications

Part 2: AI in the workplace

– AI tools (eg ChatGPT) and their usage at work

– How are they legally used in the workplace and what are their limitations

– Compliance with new laws eg. AI Act and Digital Services Act (EU and local)

– AI Policy

Module 3 – Diversity, Equity, Inclusion, Harassment and Discrimination

Session 7 – Diversity & Inclusion

Define Diversity and Explore the advantages of diversity in workplaces and communities.

i. Address challenges and barriers

ii. Understanding Equity, discuss how equity contributes to a level playing field and ensures everyone has the resources they need to succeed.

iii. Define inclusion as creating an environment where all individuals feel valued, respected, and have a sense of belonging.

iv. Discuss the positive outcomes of inclusive environments on employee engagement, productivity and overall well-being.

v. Strategies for action – leadership commitment, education & training, recruitment & hiring, ERGs

vi. Metrics & Measurements to track DEI progress (standard KPIs)

Session 8 – Equity in Employment Law

i. Define equity i.e. a fair treatment, access, opportunity, and advancement for all employees, while recognising and addressing any disadvantages.

ii. Discuss the difference between equity and equality and explain why it is essential.

iii. The importance of Equity at work

iv. Understanding Equity, discuss how equity contributes to a level playing field and ensures everyone has the resources they need to succeed.

v. Highlight the role of equity in breaking down systemic barriers and reducing disparities.

Addressing Inequities

– Discuss and present strategies for identifying and addressing inequities within companies

– Discuss the importance and significance of data-driven decision-making to uncover disparities.

– Mention the importance of policies, practices, and initiatives that promote equal opportunities.

Session 9 – Discrimination, Victimisation & Harassment

i. Definitions, different laws, draft policies and the legal responsibilities for both employees and employers in creating a respectful and inclusive workplace, and any disciplinary action that can be taken (reference to Industrial Tribunal)

ii. Preventing and handling discrimination and harassment at work.

Module 4 – Disputes and Terminations

Session 10 –

To discuss topics

Session 11 – Resolving Employment Disputes

i. Voluntary vs Involuntary settlement of disputes

ii. Litigation – The Industrial Tribunal composition, jurisdiction and powers

iii. Discover dispute resolution methods (Alternative modes of dispute resolutions)

iv. Reference to Industrial Tribunal -Time (prescription), cost of application and other factors of consideration

v. DIER input

vi. Possibility of First Hall Civil Court or Criminal Court as the case may be

vii. Awards and decisions of Tribunal (especially in cases of unfair dismissal)

Session 12 – Terminations and Managing Disciplinary Actions

i. Grounds/Reasons for termination

1. Redundancy – Last In First Out principle, Notice periods

2. Good and sufficient cause for termination through dismissal of employee or abandoning contract by employee – what is vs what is NOT considered a good and sufficient cause to terminate the contract

3. Retirement

4. Expiry of term of a definite contract

ii. Comparing termination in cases of definite and indefinite contracts; possibility of garden leave, working notice period, penalties for period of notice

iii. Termination during probation

iv. Termination of female workers or those on maternity leave

v. Incapacity to work and termination

vi. The process of terminating employees

vii. Managing disciplinary actions, with valuable insights on how to handle these situations in a fair, ethical, and legally compliant manner.

viii. Collective redundancies and Transfer of Business.