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Malta

Malta have never qualified for the Men’s World Cup finals.

Until 2021, Malta had won only two of their previous 105 World Cup qualifying matches, against Estonia in 1993 and Armenia in 2013.

In 2021, Malta added another World Cup qualifying win by beating Cyprus.

Malta’s first World Cup qualifier was against Hungary in November 1971.

Contributing firm

AE Legal

Contacts

Dr. Kris Scicluna

Workplace Q&A

1 What actions may an employer take if:

a) an employee is absent from work without authorisation because they were watching the World Cup?

An employer should first review the applicable employment contract, company policies and any employee handbook provisions as they normally set out the standards expected and the process to be followed in cases of unauthorised absence. If there is reasonable evidence that the employee was absent without approval to watch the World Cup, the employer may initiate disciplinary action in line with its internal procedures. Any action taken should be proportionate to the misconduct, reasonable and consistent with how similar cases have been dealt with in the past. From a practical perspective, the first step should usually be to meet with the employee to establish the facts and give them an opportunity to explain. If the absence is confirmed to be unauthorised, the employer may issue a formal warning. Repeated misconduct may justify escalation.

b) an employee submits a suspicious medical certificate or other rationale to justify a work absence where the employer suspects the employee is watching or attending the World Cup?

Where there are reasonable and objective grounds to question the authenticity or credibility of the ‘suspicious’ medical certificate issued by a medical practitioner, the employer has a right to investigate. Once the fact-finding process is carried out, the employer may set up a meeting with the employee to clarify their position. Where the medical certificate nonetheless appears irregular or questionable, the employer may, in accordance with company policy, request verification or refer the employee for an independent medical assessment. Only if the investigation establishes, on reasonable grounds, that the employee was dishonest, should disciplinary proceedings be initiated.

c) the employer suspects an employee(s) of consuming alcohol at the workplace or within a proximate time before starting work; can an employer administer breathalysers in the workplace?

Employers should have a clear contractual or policy basis permitting types of drug/alcohol testing at the workplace such as breathalysers. Such policies would define the circumstances in which testing may occur, based on a reasonable suspicion, and ensure that the measure is proportionate to the risk. This is more common and justifiable for safety-critical roles such as in transportation and construction industries.

d) the employer wishes to rearrange the work hours for all employees to accommodate the viewing of particular matches, e.g. their country’s team?

Under Maltese law, working hours are a contractual matter. If hours are fixed by contract, the employer cannot unilaterally impose a permanent variation without employee consent. However, temporary and operational adjustments may be permissible where the contract allows for flexibility and with the prior notification and mutual consent of the employee.

e) the employer suspects that employees are using company IT systems during work hours to watch matches (including the use of illegal streaming services) and/or to participate in gambling related to the World Cup (including illegal gambling)?

Employers are normally entitled to regulate and monitor the use of company IT systems, provided that this is supported by a clear IT policy that has been properly communicated to employees. Any monitoring of employee IT usage must comply with the GDPR and Maltese data protection law. Where there is reasonable suspicion of misconduct, the employer should first conduct a targeted review of system logs in line with its policies and secure evidence of misuse. Once investigation is complete, and the employee provides an explanation of their conduct, and misuse of company systems is noted, disciplinary action may follow in accordance with the company’s disciplinary procedure.

f) an employee potentially misconducts themselves outside of working time either at a staff-organised World Cup event or an unorganised event?

Out-of-hours conduct can still justify disciplinary action where there is a sufficient connection to the employment relationship , and if such misconduct took place on company premises. Serious misconduct such as intoxication leading to disorderly behaviour, harassment, discrimination, violence, or reputational damage may justify disciplinary action in line with company policy. This should be determined on a case-by-case basis.

2 If a country declares a national holiday on the day the country’s team plays (or later for a celebration), are employees who work on those days entitled to overtime pay or time off in lieu etc?

If a public holiday falls on a normal working day and the employee is required to work, the employee would generally be entitled to an additional day of paid leave; or an extra day’s wages in lieu of that leave. In certain industries governed by specific Wage Regulation Orders, the applicable WRO may instead provide for payment at overtime or premium rates for work performed on a public holiday. The exact entitlement therefore depends on the sector and the terms of the relevant WRO.

3 Is it lawful for a company’s employees to conduct office pools at the workplace? Would there be any restrictions on the amount of money to enter or the amount of compensation awarded?

Informal office pools would generally not amount to a licensable gaming operation according to the Gaming Act (Chapter 583 of the Laws of Malta) but the employer retains the right to regulate or prohibit such activities in the workplace, especially if it breaches company policy.

4 May employers prohibit public displays of rival country team colours in the workplace?

Yes, an employer may prohibit such displays at the workplace, especially if risks of discrimination may emerge, but the prohibition must be reasonable, proportionate, and justified by legitimate business , operational and employment relationship interests.

5 Could an employer be subject to a discrimination claim if accommodations are given in respect of watching games played by one gender but not the other, or for watching certain nations’ games (e.g. home nation) but not others?

If an employer grants accommodations very selectively in a way that assigns a clearly less favourable status to one employee over another this could potentially give rise to a claim of direct or indirect discriminat ory treatment, but the case must be assessed on a case-by-case basis depending on the treatment difference and ground of discrimination.

6 Any other advice you would give to employers in your jurisdiction ahead of the World Cup?

Due to time zone differences, employers may anticipate an increase in last-minute requests for time off, late starts, or shift changes, particularly in workplaces with a significant number of foreign national employees. Employers may therefore wish to determine in advance whether any temporary flexibility will be permitted. Managers should also remain alert to potential performance issues arising from fatigue. It is also advisable to remind employees of standards of professional conduct and to be respectful. Sporting rivalries can lead to heated exchanges, inappropriate remarks, or arguments relating to match outcomes. A brief reminder regarding appropriate use of company IT systems and equipment may also be prudent, like non-accessing of unauthorised streaming platforms on company equipment. Employers should also be mindful of social media risks if employees post content and mak e offensive or reputationally harmful comments to other staff members, as this would create disciplinary exposure.