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What should I do if my organisation my organisation undergoes any of the following situations: Transfer of Business | Merger | Buy Out | or Change in Company Name?

  • What should I do if my organisation my organisation undergoes any of the following situations: Transfer of Business | Merger | Buy Out | or Change in Company Name?

    Yes, it’s essential to inform Jobsplus in these situations, and the required documentation varies based on the specific case:

    Transfer of Business, Merger, or Buy Out:

    You need to provide a declaration from the recipient organisation (Company A), confirming the employee transfer from the sending organisation (Company B). This declaration should:

    • Confirm all employees will keep their existing conditions and benefits;
    • State that this move should be seen as a continuation of the employees' previous employment[i], not new employment;
    • Include a list of employees being transferred, detailing each person’s role, contract type, and whether they’re employed on a full-time or part-time basis.

    Employers can make use of the following form: Declaration of Transfer of Business | Merger | Buy-out

    Change in Company Name:

    • Submit an updated Malta Business Registry Certificate showing the new company name;
    • Provide a current employee list with details about each employee's role, contract type, and employment status (full-time or part-time);
    • Include a declaration letter from the directors confirming the change of the company name from A to B, specifying the date of change.

    Important Notices for All Cases:

    • Before any change or transfer, ensure that any employees not yet registered with Company B are registered with Jobsplus before the actual transfer date;
    • If any employees are no longer with Company B but still appear as active, submit a termination form for them before the transfer date;
    • If there are Third Country Nationals (TCNs) previously employed in Company A, their single permit must be transferred by Identità to Company B before they are registered or transferred to the new company.

    [i] Legal Notice S.L. 452.85 3A – Transfer of Business (Protection of Employment) Regulations covers this obligation. However, this declaration is a requisite in order to have evidence in case of future disputes between employer and employee(s).

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