European Restructuring Monitor (ERM)
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.
Employment and Industrial Relations Act, 2002 - Article 42; Subsidiary legislation 452.96 and 452.80 - Whole regulations
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.
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.
Eurofound (2015), Malta: Obligation to consider alternatives to collective dismissals, Restructuring legislation database, Dublin, https://apps.eurofound.europa.eu/legislationdb/obligation-to-consider-alternatives-to-collective-dismissals/malta
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