A judge yesterday stopped HSBC Bank Malta plc from changing its workers’ conditions of employment and ordered it to stick to those that had been agreed.

The court, presided over by Mr Justice Joseph Zammit McKeon, heard that a collective agreement had been signed last year covering the bank’s clerical and managerial staff. The agreement was due to expire next year.

The union and bank had also entered into a sales remuneration package that dealt with certain categories of employment.

According to the Malta Union of Bank Employees, HSBC was trying to unilaterally change the terms and conditions of the sales remuneration package.

It argued that if the bank were allowed to change the agreement unilaterally, then the employees would be irremediably prejudiced. If the employees did not accept the new conditions imposed by HSBC, they would face a real danger of dismissal.

On its part, HSBC submitted it was entitled to change the agreement and that its aim was to bring local working conditions in line with those existing in other countries where HSBC has branches.

Mr Justice Zammit McKeon noted there was a link between the agreement and the remuneration package.

The collective agreement would apply to all classes of employees, while certain clauses that affected a limited number of staff members were included in the sales remuneration package.

If the latter agreement did not contain a specific subject, then the collective agreement was to apply.

Consequently, HSBC had to respect the status quo and could not proceed unilaterally to change the agreement.

The court found in favour of the union and banned HSBC from terminating any jobs or changing the terms and conditions of employees.

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