Continuous Employment New Contract for Malta

Continuous Employment New Contract Template for Malta

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Continuous Employment New Contract

"I need a Continuous Employment New Contract for a senior software developer position in our iGaming company based in Malta, with special provisions for hybrid working arrangements and intellectual property protection."

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What is a Continuous Employment New Contract?

This Continuous Employment New Contract template is designed for use when establishing new permanent employment relationships under Maltese law. It should be used when hiring employees on an indefinite basis, as opposed to fixed-term or temporary contracts. The document incorporates all mandatory elements required by the Employment and Industrial Relations Act (EIRA) and related Maltese legislation, including detailed terms of employment, remuneration structures, working hours, leave entitlements, and notice periods. It is particularly relevant for companies operating in Malta or employing staff under Maltese jurisdiction, and can be customized to accommodate various industry sectors and role requirements while maintaining legal compliance.

What sections should be included in a Continuous Employment New Contract?

1. Parties: Identification of the employer and employee with full legal names and addresses

2. Background: Brief context of the employment relationship and basis for the agreement

3. Definitions: Key terms used throughout the contract

4. Appointment and Term: Position title, employment start date, and confirmation of continuous employment status

5. Duties and Responsibilities: Main duties, reporting lines, and general responsibilities of the position

6. Place of Work: Primary workplace location and any mobility requirements

7. Hours of Work: Standard working hours, days, and flexibility arrangements

8. Remuneration: Base salary, payment frequency, and method of payment

9. Benefits: Statutory and contractual benefits including leave entitlements

10. Probationary Period: Length and terms of the probationary period

11. Notice Period: Required notice periods for termination by either party

12. Confidentiality: Obligations regarding company confidential information

13. Data Protection: Handling of employee personal data and privacy rights

14. Governing Law: Confirmation of Maltese law as governing law

15. Entire Agreement: Confirmation that the contract represents the entire agreement between parties

What sections are optional to include in a Continuous Employment New Contract?

1. Commission Structure: Include when role includes sales or performance-based compensation

2. Remote Working: Include when employee has the option to work remotely

3. Non-Compete: Include for senior positions or roles with access to sensitive information

4. Intellectual Property: Include for creative, technical, or development roles

5. International Travel: Include when role requires regular international travel

6. Flexible Working: Include when offering flexible working arrangements

7. Company Car: Include when providing a company vehicle

8. Share Options: Include when offering employee share schemes

9. Training Obligations: Include when specific training requirements or commitments exist

10. Garden Leave: Include for senior positions where garden leave may be required

What schedules should be included in a Continuous Employment New Contract?

1. Schedule 1 - Job Description: Detailed description of role, responsibilities, and requirements

2. Schedule 2 - Compensation Details: Breakdown of salary components and benefits

3. Schedule 3 - Company Policies: List of applicable company policies and procedures

4. Schedule 4 - Benefits Summary: Detailed description of all benefits and eligibility conditions

5. Appendix A - Code of Conduct: Company's code of conduct and ethical guidelines

6. Appendix B - IT Policy: Company's IT usage and security policies

7. Appendix C - Grievance Procedures: Detailed grievance and disciplinary procedures

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Financial Services

Information Technology

Manufacturing

Tourism and Hospitality

Professional Services

Retail

Healthcare

Education

Gaming and iGaming

Maritime

Construction

Telecommunications

Relevant Teams

Human Resources

Finance

Legal

Information Technology

Marketing

Sales

Operations

Customer Service

Research and Development

Administration

Quality Assurance

Business Development

Product Development

Corporate Communications

Compliance

Relevant Roles

Chief Executive Officer

Managing Director

Department Manager

Software Developer

Financial Analyst

HR Officer

Marketing Executive

Sales Representative

Administrative Assistant

Customer Service Representative

Project Manager

Operations Manager

Research Analyst

Legal Counsel

Account Manager

Technical Support Specialist

Business Development Manager

Quality Assurance Engineer

Data Analyst

Product Manager

Industries
Employment and Industrial Relations Act (Chapter 452 of the Laws of Malta): The primary legislation governing employment relationships in Malta, covering fundamental aspects such as contracts of service, conditions of employment, protection of wages, and termination of contracts
Minimum Special Leave Entitlement Regulations (S.L. 452.101): Regulates the minimum leave entitlements including vacation leave, sick leave, maternity leave, parental leave, and other special leave provisions
Minimum Wage National Standard Order (S.L. 452.71): Sets out the minimum wage requirements and related allowances applicable to employees
Working Time Regulations (S.L. 452.87): Regulates working hours, rest periods, breaks, and overtime provisions
Information to Employees Regulations (S.L. 452.83): Specifies what information must be provided to employees in writing regarding their conditions of employment
Protection of Maternity (Employment) Regulations (S.L. 452.91): Provides specific protections and rights for pregnant employees and new mothers
Equal Treatment in Employment Regulations (S.L. 452.95): Ensures non-discrimination and equal treatment in employment relationships
General Data Protection Regulation (GDPR) and Data Protection Act (Chapter 586): Governs the processing of personal data of employees and related privacy rights
Temporary Agency Workers Regulations (S.L. 452.106): Regulates the basic working and employment conditions for temporary agency workers
Protection Against Discrimination Related to Gender Identity, Gender Expression and Sex Characteristics in Employment Regulations (S.L. 452.115): Provides protection against discrimination based on gender identity, expression and sex characteristics in employment
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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