An employer can only dismiss an employee on grounds of redundancy, unless there is a justifiable reason. This applies to any type of employment contract, including those of part-timers, the Education Ministry said.

In a counter-statement in reply to comments made by the Malta Labour Party, the ministry said that no employee could be forced to change his/her employment status unless there is an agreement to this effect between the employer and the employee. While it is not illegal for an employer to discuss a possible change in the employment status of that employee, including trying to reach agreement with that employee to retain his/her services on a self-employed status, an employee has every right to refuse, if there is disagreement.

There can be no grounds for redundancy in such cases, and the employee cannot be forced to resign, since the work actually carried out by that employee is still available by virtue of the fact that it has been offered to that employee under a different guise. Obviously, if the employee voluntarily chooses to change his/her employment status, that has to be respected, provided there has been no coercion.

Should an employee who refuses to agree to a change in his employment status be dismissed, that employee has the possibility to present a case to the Industrial Tribunal claiming unfair dismissal requesting compensation and possibly reinstatement, the ministry said.

The Department of Industrial and Employment Relations has, over the past few weeks, received some reports of employers who have asked their employees to change their employment status, and the position of the department when these were investigated has been as outlined above. In addition, the department has discussed this issue with the Malta Employers Association, and there is agreement on the position adopted as outlined above.

The position will be monitored to see whether any other measures are considered necessary to safeguard the employee’s rights, the ministry added.

If anyone requires further clarification on this or issues relating to conditions of employment, queries can be addressed to the Department of Industrial and Employment Relations at 121, Melita Street, Valletta, tel no 2122-4245/6 or indemprelations@ gov.mt