Please advice me in right law

Hi hem charan khatri,

have you been on the forum before under a different name?

You should check your work contract! Have you been working at the same place for the whole 18 months?  Your contract will tell you the details. Your residence permit is linked to your work permit which only is given for the job you have at the moment. A new job means a new application for a work permit.

Do you already have another job or are you intending to leave Malta?

Cheers
Ricky

Hi sir
ricky,
yes was on forum with different name but i couldnt open those.
in fact im working at the same place since 18 months but the company was changed. i have contract from previous company since that company sold to other company i dont have new contract from new company. and now i found new job so i resigned which is for the 3 weeks notice gonna finished on 11th of august. please sir advice me is that my right or not?
thank you very much sir
hem charan khatri

Hi adi,

it sounds as if your first full-time permanent contract for one year has changed into an indefinite contract when the company changed hands as you did not receive a new contract after one year. But you will have to check this with your actual work contract.

But much more important is:

a) Was your work permit renewed after the first year? If not you are working illegally.

b)If your work permit is ok ,it expires when you resign from your work. So your new employer will have to apply for a new work permit for you.

c)The employee cannot use the licence to take up a different job, or to work for a different employer, even on a part-time basis.

d)In the case of mergers or takeover of business whereby the transfer of employees takes place, upon formal notification of same, the Corporation will issue new employment licences for the remaining duration of the active licence, at no cost. Did this happen in your case?

e)You should also check your residency status.

As you have been employed there for more than 6 months and less than 2 years your notice period is 2 weeks from the time you tell your employer.

Cheers
Ricky

Hi hem charan khatri

Details of how much notice you are required by law to give are on this page:

http://www.yesitmatters.com/html/employ … n_faq.html

It depends on how long you've been employed. You should be able to figure it out from the table there.

cheers

- Peter

Good morning sir
thank you very very much for your help.
yes my ETC is renewed by my current employer but the tings is i dont have any contract with them.
regarding residency status i applied last 2 months ago im just waiting for my ID card. so as you say 2 weeks notice period is enough since im working one and half years. i have given for 3 weeks its means im in rights.
i have some pay leave balance i think they should pay am i right ?i have given official resignation letter on 22nd july for 3 weeks that means 11th of august  is my last employment date. if i stop working on 12 august is there any action my employer can take with me ?
thank you sir
have a good day
hem charan

Hi hem charan,

seems like most things are ok .

If your current employer was able to renew your work permit then ETC must have accepted the old work contract and terms as valid and up-to-date.

You should be payed up to 11 th August. You might have some paid leave days left for your employer to either let you stop work earlier or pay the wage due for the days.That depends on the days and conditions laid down in your work contract. Did your employer acknowledge/accept your resignation/termination?

And please consider the fact that your new employer will have to apply for a new work permit for you !That can take some time and officially you are not allowed to work until you receive the new work permit.

What happened to your last issue? Were you able to get an extension for your wife when she was staying in Malta some time ago? It is very nice to get feedback on these issues so that we can profit from your experience and maybe help others in your situation.

This is a two-way game hem charan !

Cheers
Ricky

Hello sir
thank you for link
have a good day

Hi
Many many thankx for the big help and support.
hope everything will goes right way.
yes sir regarding my wife's issue we able to extend her visa as
depended its mean she can stay with me till my working permit valid.
thank you sir
have a good afternoon
hem charan

Hi hem charan,

thanks for the feedback ! I'm glad it worked out .

So focus on the new work permit issue !

Lots of luck.
Ricky

thankx for wishes
my new employer will take care of ETC and Everything to make legal
for me.
one more things i would like to ask you sir. any EU citizen can build the business in malta? coz on of Dutch citizen asking me to work with him if he can provide me the working permit. could you
please check it for me
thank you once again
hem charan