Executive exits and workforce restructuring in Malta Dr Aron Mifsud Bonnici
How a senior role ends is negotiable. Most people sign before they find that out. Restructure without the claim you could have avoided.
Nearly 30 years of Maltese employment law and industrial relations, for employees, unions and employers. I know how both sides of the table think.
What I advise on
- Notice and exit terms
Notice, garden leave, pay in lieu and the date you leave.
- Bonus, shares and options
Deferred pay, unvested awards, malus and clawback.
- Restrictive covenants
Non-compete and non-solicitation terms, and how far they reach.
- Regulated roles
MGA and MFSA approved roles, and how an exit is notified.
- Collective redundancies
Selection, consultation and notification under S.L. 452.80.
- Transfers of business
Staff moving with a business, on their existing terms, under S.L. 452.85.
Two kinds of client, one kind of problem
For executives
You are leaving, or being asked to leave, a senior role in Malta. You want to know what you are owed, what you can negotiate, and what you should not sign.
- Exit reviewA short written assessment of your entitlements and leverage.
- Negotiation and settlementTerms negotiated for you, and the agreement drafted or reviewed.
- Incoming executive reviewYour new contract read before you sign it.
For employers
You are planning redundancies, a transfer of business or a senior exit. You want it done lawfully, with the least disruption and the least risk of a claim.
- Restructuring advisoryOptions, selection criteria and consultation, under S.L. 452.80 and S.L. 452.85.
- Senior exits within a restructuringNegotiated departures that do not derail the wider change.
How an executive exit runs
- 1.
Review
We read your contract, policies and incentive plans together, and set out what you are entitled to under the contract and the Employment and Industrial Relations Act.
Pay in lieu of notice. Payment for the notice period instead of working it.
- 2.
Strategy
We agree what you want from the exit, what you will trade for it, and how hard to push. Most of the value is decided here.
Garden leave. You stay employed and paid during notice, but stop working.
- 3.
Negotiation
I negotiate with your employer or its lawyers on notice, bonus and deferred pay, unvested shares, covenants, the announcement and the reference.
Malus and clawback. Terms that let an employer reduce or recover variable pay.
- 4.
Settlement
The settlement agreement is drafted or reviewed line by line, with tax points flagged for your adviser and any regulatory notification agreed in advance.
Key function holder. A role the MGA or MFSA must approve. The regulator may need to be told when the holder leaves.
Dr Aron Mifsud Bonnici
Much of my career has been spent on the employee side of the table, as employment law expert to Malta's largest trade union. I now use that experience for executives negotiating their exits, and for employers who want to restructure without a fight they could have avoided.
I work mostly online, so clients in Malta and abroad can deal with me quickly. When a meeting helps, we meet in Valletta or at your offices.
LL.D., University of Malta (1997)
Employment Relations Board observer member (2019 to 2024)
Collective redundancies. Improved terms negotiated for affected employees at several local and international companies, such as NetEnt and Evolution Gaming, Carlo Gavazzi and Microtek.
Talk it through, in confidence
Tell me briefly where things stand. I reply within one working day.
Enquiry sent
Thank you. I reply within one working day. Meanwhile, the answers to common questions may help.
- info@mb.com.mt
- Meetings
- Online by default. In person in Valletta or at your offices.