Industrial Tribunal Procedure Rules

1221 Words3 Pages
bulb-icon

Recommended: Discrimination in the workplace

Malta is a democratic state in which it incorporates fundamental rights and freedom; in fact the Constitution of Republic of 1974 says that all the citizens have the right to work. In the Constitution and in the Employment and Industrial Relations Act of 2002 one can find the principles and rights of the worker. These may vary from working hours, gender, training and means of subsistence. The Act of 2002 represents Malta and is considered as the primary source of employment law. Together with a number of subsidiary legislations this act governs industrial relations in Malta as an example the Industrial Tribunal Procedure Rules.
The employee has the right to be informed about his or her conditions of employment which these are found in the employment agreement between the employer and the employee. In other words, the contractual agreement can be for a fixed term or for an indefinite term in which.it serves as a base for the labour law in Malta. After fifteen days of signing this agreement, a copy is sent to the director to prove that this document is genuine. The employer has the responsibility to explain and offer a written statement of such conditions. This statement should include information about overtime rates, hours of work, place of work, normal rates of pay, conditions that the two parties might have agreed upon and leave entitlements.
Parents, legal custodians and adoptive parents are entitled to unpaid leave on the arrival of a new family member. This is important in a person's life as they find it hard to manage and plan their time, especially if it will be the first-born. From last January 2013, when a women becomes pregnant she can benefit from eighteen weeks of maternity leave. This period is applicable for full-ti...

... middle of paper ...

...edundancies, he or she has the obligation according to this act to give notification seven days before the dismissal occurs. Also a consultation process has to be organised in which the employer has to explain why has redundancy occurred. For all cases of unfair dismissals, discrimination, harassment, unequal value and victimization, the Industrial tribunal has the duty to settle these industrial disputes.
Basically, these conditions are to be recognised by the employee and the employer so everything is under control. The employee has to be responsible to protect his/her wage and aware about the termination of contract and to avoid discrimination. Employment brought Malta to conform to the rules of the EU legislation such as the Collective Redundancies, the Regulations Contracts of Service for Fixed Term regulations and the Organization of Working Time Regulations.

Show More
Related

  • Entitlement To FMLA/DPL Leave

    347 Words  | 1 Pages

    A parent is allowed leave for the birth of a child and care of a newborn. The entitlement to FMLA/DPL leave expires twelve months after the birth of the child. Intermittent/reduced schedule leave may not be taken for the birth of a child unless approved by the department head.

    Read More

  • Potential Liability in Tort and Protection of Harassment Act of 1997

    1590 Words  | 4 Pages

    The main purpose of this Essay is to advise the parties as to any potential liability in tort and under the protection from Harassment Act 1997, also to find out the particulars of the case and list the points that are necessary in order for someone be found guilty.

    Read More

  • Impact of Absenteeism on Quality of Care in Private Care Home

    3039 Words  | 7 Pages

    Employees can be absent from work either due to Long-term sickness, short-term certified or uncertified sickness or unauthorised absence and lateness. Absenteeism will not include annual leave , maternity, compassionate or absence due to training or attending union meetings but where a worker fails to turn up at work as scheduled resulting in disruption of work schedule, added work load, increased payroll costs and poor quality service an d poor staff morale.

    Read More

  • Persuasive Essay For Paid Family Leave

    717 Words  | 2 Pages

    If you and your significant other had a child, would you want to be there to not only support your partner, but to see your child’s first milestones in real life? Of course you would! The problem is most parents miss crucial parts of their child’s life because of the lack of paid maternity and paternity leave in the United States. New families, across the nation, should be allowed a minimum six months of paid maternity leave.

    Read More

  • The US and EU Labor and Employment Laws

    886 Words  | 2 Pages

    I hail from Ukraine, the country that is still not a member of the European Union, nevertheless is definitely a European country. Therefore, I have always been interested in the EU laws, policies, priorities, regulations and so on to contrast Ukrainian reality with that of the EU states. Now I live and study in the country I have always had an innate and subconscious love to – the USA, the country known as the country of big opportunities. As the result, I became increasingly interested in the US laws and regulations, in particular employment and labor laws. To combine these two passions I decided to prepare a paper that compares the US and EU labor and employment laws.

    Read More

  • Employment at Will

    1421 Words  | 3 Pages

    Employment at will is a law that is present in all fifty states in the US; although, in Montana there requires a stated cause for termination. Employment at will creates dissent among employees when they have been terminated for a cause that is thought to be unsubstantial or when no cause is given. There are pros and cons to the presumption, and employees and employers have different views. Employment at will means that the employer can terminate an employee at any time, for any cause without warning. However, even an at-will employee cannot be terminated because of discriminatory reasons. Employment at will also means that an employee can leave a job at any time without the fear of facing any legal consequences. An employer can also change the terms of employment without notice and no penalties. Throughout this paper, the two sides to employment at will will be discussed, and different examples of employment at will cases will be given. At its most basic, employment at will is not the best path because it can create feelings of violation and betrayal in the employee and can create a negative public opinion or loss of profit for the business.

    Read More

  • The Common Law of Employment

    535 Words  | 2 Pages

    The Canadian employment law system consists of three regimes: common law, employment regulation, and collective bargaining agreement (CBA). From these regimes, the common law of employment is one that was created by Judges over centuries in order to regulate the employer-employee relationship. Judges, from lower level to upper level courts have used employment contracts and torts, two tools available to them under the common law system to aid in decision-making with respect to employment law cases. The decisions of which have been recorded and used as a precedent in future employment law cases of the same nature. When considering the common law of employment from the three listed regimes, I relate to speaker two while disagreeing with speaker one. Although, the common law of employment has historically excluded protections covered by the employment legislation and CBA, which has made it appear to favor the economic interests of employers more than employees, it has not completely put employees at a disadvantage because, it has protected them and their interests in other significant a...

    Read More

  • The Employment Laws

    1663 Words  | 4 Pages

    The purpose of this research is to prove that the employment at will doctrine does not protect the employee population in the United States. The fact that if you look at the way the doctrine is written it protects the employers and firms, and this as a result creates discrimination. This in itself creates an unsafe and sometime unstable work environment because of the potential for high turnover, costly training, and low morale amongst employees. There are certain factors that must be considered within the employee at will doctrine such as union protection, the economy, contracting verses employment, discrimination and the economic stance on the United States is currently in.

    Read More

  • Paid Parental Leave

    903 Words  | 2 Pages

    The Family and Medical Aid Act (FLMA), of 1993, provides for 12 weeks of unpaid, job protected leave for certain specified events (8). Whilst one could refer to this as maternity or paternity leave if taken because of a pregnancy, this would not be strictly true. Where maternity and paternity leave are offered around the world, they are separate from any other leave due to medical or family reasons. The leave in the U.S. provided through the FLMA is also, as mentioned, unpaid. This creates a number of issues for the expectant family as, regardless of their job being safe for the time taken off, without the income it may be harder to look after the new born child as a couple of unpaid parents, than one parent not taking leave, or neither taking leave and relying on relatives to care for the child as much as possible.

    Read More

  • Discrimination at the Workplace

    713 Words  | 2 Pages

    Bennett-Alexander, D.; Hartman, L (2012) Employment Law for Business 7th Edition. New York, NY. McGraw-Hill Companies Inc.

    Read More

  • Overview of Family Medical Leave Act, Age Discrimination and Disbility Acts

    675 Words  | 2 Pages

    that all the employee's work in the same location, I am going to assume they do based off lack of

    Read More

  • The Three Scenarios Of The Employment-At-Will Doctrine

    1319 Words  | 3 Pages

    In this paper, I will cover the employment-at-will doctrine, cover three scenarios with actions that the Chief Operating Officer (COO) can take to resolve the problems in the scenarios. Also, cover my state’s employment -at-will doctrine and provide an example of a recent situation that has happened in the last five years.

    Read More

  • Collective Bargaining Agreements

    1667 Words  | 4 Pages

    A collective bargaining agreement collectively sets the terms on which an employer offers individual work contracts to each of its employees in the bargaining unit. A bargaining agreement, also herein referred to as a labour agreement, is a legally enforceable written commitment, which states the rights and duties of all parties involved. The labour agreement should be made in good faith and is intended to be observed and not violated. The National Labour Relations Act obligates employers and unions to bargain in good faith concerning terms and conditions of employment, including hours and wages. Like any normal contract, competent parties must enter into a labour agreement. However, a labour agreement is unique from other legal contracts in that there is no consideration involved and nothing tangible is exchanged. Many, but not all, unions require formal ratification of a new labour contract by a majority membership acceptance, which is determined through vote by the members. Until majority approval of those voting in a ratification election is received, the proposed labour contract is not final. While each labour agreement is unique to the needs of an organization and its employees, most agreements include five issues: (1) Management Rights, (2) Union Security, (3) Wages and Benefits, (4) Individual Security (Seniority) Rights, and (5) Dispute Resolution. Management Rights “Management” is the process of working with people and resources to accomplish organizational goals by making the best possible use of money, time, materials and people. The management process, when properly executed, involves a wide variety of activities including planning, organizing, directing and controlling. It is management’s role to perform all of these functions in order to maximize results.

    Read More

  • Legal Framework of Singapore

    1213 Words  | 3 Pages

    The Employment Act consists of many regulations which acts as a basis with regards to payment of salary, conditions of service including rest days and working hours and also leave entitlements including sick leave and childcare leave. It serves to protect the basic rights of the employees and even the employers and it is essential for both parties to follow these regulations to avoid any convictions against them. Each part of the Employment Act has its own set of implications and benefits to either parties.

    Read More

  • Essay On Leave Of Absence

    1493 Words  | 3 Pages

    After the employer has received the employees thirty day notice the employer may then see if the request qualifies for FMLA. The request may only be qualified for specific reasons such as child birth, adoption, fostering of a child, serious health conditions of the employee, seriously injured or ill immediate family member, or an immediate family member who is called to active duty. If both expecting parents work in the same workplace they equally will divide their leave of absence between the two of

    Read More

More about Industrial Tribunal Procedure Rules

Open Document