An employee is guaranteed a number of rights when entering into an employment relationship. In fact, when a contract of employment is drafted the theory of the autonomy of the will is limited insofar as the employee and the employer cannot come to an agreement which is contrary to the minimum rights granted to the...

The Employment and Industrial Relations Act, Chapter 452 of the Laws of Malta, lays down the minimum conditions of employment which every employee may enjoy: “wages, the period of employment, the hours of work, leave and includes any conditions related to the employment of any employee under a contract of service including any benefits arising...

As a rule, the conditions of employment should be laid down in a contract of employment. The Employment and Industrial Act, Chapter 452 of the Laws of Malta, define a ‘contract of employment’ or a ‘contract of service’ as: “…an agreement, (other than service as a member of a disciplined force except as may be...

Angelo Zahra was arrested on the 21st July 2001 as he was accused of trafficking cocaine. Proceedings were brought against him and the compilation of evidence before the Court of Magistrates (Malta) as a Court of Criminal Inquiry began. In 2019 Angelo Zahra filed a request to make a reference to the Constitutional Court due...

On the 26th October 2021 amendments were introduced to the Companies Act, Chapter 386 of the Laws of Malta, by virtue of the enactment of Act LX of 2021 (herein the ‘Act’). These amendments aim to address enhancing transparency of information concerning the shareholders, directors and officers of companies registered in Malta. THE SERVICE ADDRESS...

The Financial Intelligence Analysis Unit (“FIAU”) issued a Consultation Document setting out proposals for several changes to the Implementing Procedures Part I (“IPs”). The main changes being introduced are the following: Adverse media Additional guidance is given on assessing the relevance, reliability, and timing of adverse media, and on the evaluation of supervisory and regulatory...

Legal Professional Privilege (“LPP”) is a fundamental right that protects all communications between an advocate and a client from being disclosed without the permission of the client. It is a privilege granted to the client and not to the advocate. LPP guarantees the proper functioning of any system based on the rule of law and...

The First Hall Civil Court (Constitutional Jurisdiction) ordered the Attorney General and Police Commissioner to pay Noel Xuereb the sum of €100,000 in damages, after deciding that the criminal proceedings against him, which ended up in him being declared not guilty of all the charges brought against him, took an unreasonable amount of time to...

Over the years, the laws regulating Rent in Malta have been eminently amended and new laws introduced in a continuous attempt at reaching a fair balance between landlord and tenant. To this day, this equilibrium has not been attained. In fact, some of these laws have been recently scrutinized and deplored by the Superior Courts...

As of YA 2022, an enrolled voluntary organisation (VO) shall be exempt from tax for any YA in respect of which its turnover for the year immediately preceding that YA does not exceed EUR 50,000 (extended from EUR 10,000 to EUR 50,000 by virtue of Legal Notice 39 of 2021), subject to other conditions being...