It is important for employers to understand their obligations toward their employees. It is important, too, for an employee to be aware of his or her rights. We have been assisting employers and employees in managing risk and providing strategic advice on critical decisions as well as day-to-day support on human resources issues. We advise on a number of employment matters including the drafting of employment contracts, conditions of employment, industrial relations, drawing up policies, data protection and transfer of business. We focus on understanding our client’s needs and work to their requirements.
Pension planning has undoubtedly become as essential as the enforcement of one’s rights at the workplace. Malta has gained much prominence in the pensions industry. The country has witnessed a steady influx of foreign pension schemes and their components relocating to Malta. Besides being an attractive retirement scheme or fund location, related parties such as scheme or fund administrators, asset managers and retirement fund custodians have looked into establishing or enhancing their presence in Malta. At Camilleri Preziosi, we assist clients with the process of obtaining the necessary license from the Malta Financial Services Authority, on-going compliance and transactional requirements as well as their related areas including investment services and the recognition of QROPS and QNUPS.
We have a lot of experience in employment disputes including industrial relations disputes, regularly assisting clients before the Industrial Tribunal and the Court of Appeal, representing clients in proceedings relating to claims of unfair dismissal, breach of contract, discrimination, working time and health, and safety in the workplace. We assess the circumstances and advise on any benefits which may accrue as a result of choosing alternative methods of dispute resolution, including mediation.
We have been assisting our clients in negotiations with unions and employees’ representatives for many years. We are regularly involved in the negotiations of collective agreements and trade disputes.
Occupational health and safety
Given that we represent some of the larger employers in Malta, we regularly advise on the obligations relating to Occupational Health and Safety. These obligations are increasing constantly to ensure workers’ safety. We have assisted clients in health and safety prosecutions, proceedings relating to accidents in the work place, formal interviews and investigations undertaken by the relevant authorities. We also assist in drafting safety policies and audits to ensure compliance with applicable legislation.
Retirement schemes & funds
Our Pensions team closely monitors developments in the evolving regulatory matrix concerning retirement schemes and funds, related parties and, importantly, the employers and their employees to which pension products relate. In May 2013, we presented the regulator with submissions on the consultation on regulations and pension rules to be issued under the Retirement Pensions Act, the law enacted to replace the Special Funds (Regulation) Act of 2002.
We have collaborated with a number of international firms seeking to establish an applicable regulatory position in Malta. Multinational pension providers have been assisted in similar engagements. In this area, we provide the following assistance:
- advisory services as to the structure of the proposed scheme/fund;
- assistance throughout the licensing process, including setting up of the chosen structure, drafting of pension scheme documentation, completion of application documents and the all-important liaison with the regulator in the process of determining the precise regulatory requirements applicable to a particular application, depending on the selected structure and applicable circumstances;
- guidance on post-licensing compliance and governance requirements;
- support and advisory services for compliance with applicable license conditions and legislation by the licensee;
- drafting of documentation relevant to the scheme or fund, including trust deeds and trustee agreements, and service contracts for the various parties involved;
- dispute resolution on claims relating to the scheme, fund or related party;
- passporting possibilities.