Administrative Enforcement

In addition to judicial remedies, employees may, in appropriate cases, refer certain alleged breaches of the law to the competent authorities. Such recourse may be sought before bodies including the Department of Employment and Industrial Relations (DIER), the Office of the Information and Data Protection Commissioner (IDPC), and the National Commission for the Promotion of Equality (NCPE).

– The DIER conducts investigations into reported breaches of Maltese employment law, which may lead to criminal action against the employer if a breach is found and remains unremedied. Examples of such breaches include non-payment of, or unlawful deductions from, remuneration owed to employees. Criminal action may only be instituted within the limitation period outlined in the law, and employees may still pursue civil action. Recent legislative amendments have introduced higher fines and extended the limitation period for employment law breaches attracting criminal liability. Further detail is available here.

– In matters relating to the processing of personal data, including the handling of employee records, workplace monitoring, or access to personal employee information, employees may refer the matter to the Office of the Information and Data Protection Commissioner (IDPC). The IDPC is empowered to investigate alleged breaches of data protection legislation and, where non-compliance is established, may impose administrative fines.

– Victims of acts or omissions in breach of the provisions of the Equality for Men and Women Act (Chapter 456 of the Laws of Malta) may lodge a complaint with the NCPE. The NCPE’s remit covers matters in the employment context, including discrimination, sexual harassment and discriminatory advertisement. The NCPE is empowered to investigate such complaints and, where proven, refer the matter for criminal action or facilitate redress and settlement, as appropriate. Its findings are not binding unless the parties make a written declaration to this effect.

How we help: We assist clients by providing guidance on the applicable procedures, preparing the necessary complaint, and managing the process through to its conclusion.