Eurofound's ERM database on restructuring-related legal regulations provides
information on regulations in the Member States of the European Union and Norway
which are explicitly or implicitly linked to anticipating and managing change.
Malta: Obligation to consider alternatives to collective dismissals
Phase
Cap. 452 - Employment and Industrial Relations Act, 2002; Subsidiary legislation 452.96 - Employee (Information and Consultation) Regulations (Legal Notice 10 of 2006, as amended by Legal Notice 427 of 2007); Subsidiary Legislation 452.80 - Collective Redundancies (Protection of Employment) Regulations (Legal Notice 428 of 2002, as amended by Legal Notices 427 and 442 of 2004)
Native name
Kap. 452 - Att dwar l-Impiegi u r-Relazzjonijiet Industrijali, 2002; Leġislazzjoni Sussidjarja 452.96 - Regolamenti dwar Dritt għal Informazzjoni u Konsultazzjoni mal-Impjegati (Avviż Legali 10 tal-2006, kif emendat bl-Avviż Legali 427 tal-2007); Leġislazzjoni Sussidjarja 452.80 - Regolamenti dwar Sensji Kollettivi (Harsien ta’ l-Impjiegi) (Avviż Legali 428 tal-2002, kif emendat bl-Avviż Legali 427 u 442 tal-2004)
Type
Obligation to consider alternatives to collective dismissals
Added to database
08 May 2015
Article
Employment and Industrial Relations Act, 2002 - Article 42; Subsidiary legislation 452.96 and 452.80 - Whole regulations
Description
In situations concerning collective redundancies
Consultations shall cover ways and means of avoiding the collective redundancies (10 employees in companies with 21-99 employees, 10% of staff in companies with 100-300 employees, 30 employees in larger companies) or reducing the number of employees affected by such redundancies and mitigating the consequences.
In exceptional circumstances
Employers and trade union representatives may agree to different conditions of employment than those specified by law as a temporary measure to avoid redundancies. Such agreements must be approved by the Director of Industrial and Employment Relations, and this approval reviewed every 4 weeks, as is stipulated by Article 42 of the Employment and Industrial Relations Act. Past agreements involved recourses to a four day week which meant a reduction in the weekly wage.
Commentary
Labour legislation and relating amendments are discussed at policy formulation stage in the tripartite Employment Relations Board (ERB). Members forming this board come from trade unions, employers' associations and the government.
Restructuring situations involving public entities
Measures undertaken in public entities such as the national airline company Airmalta aimed at avoiding mass redundancies consisted of early retirement schemes and redeployment of employees in other public entities and government departments.
Additional metadata
Cost covered by
None
Involved actors other than national government
Employer organisation
Trade union
Other
Involvement (others)
Employment Relations Board; Department of Industrial and Employment Relations
Thresholds
Affected employees: 10 Company size: 21 Additional information: No, applicable in all circumstances
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