Global Employment Contract for Malta

Global Employment Contract Template for Malta

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What is a Global Employment Contract?

A Global Employment Contract under Maltese law is essential for companies operating in or from Malta who employ staff in an international context. This document is particularly relevant for businesses with cross-border operations, international remote workers, or those establishing a presence in Malta. The contract incorporates mandatory provisions under Maltese employment law, EU regulations, and international employment standards, while addressing specific aspects of global employment such as cross-border data transfers, international mobility, and multi-jurisdictional compliance. It's designed to protect both employer and employee interests while ensuring compliance with Malta's robust employment legal framework, including the Employment and Industrial Relations Act and related legislation. The document is structured to accommodate various employment arrangements while maintaining consistency with Maltese legal requirements and international best practices.

What sections should be included in a Global Employment Contract?

1. Parties: Identification of the employer entity and the employee, including their full legal names and addresses

2. Background: Context of the employment relationship, including the nature of the employer's business and the circumstances leading to the employment

3. Definitions: Key terms used throughout the agreement, including specific definitions required under Maltese law

4. Position and Duties: Job title, role description, responsibilities, reporting lines, and any special duties or authorities

5. Term and Location: Contract duration (fixed-term or indefinite) and primary work location, including any remote work arrangements

6. Working Hours and Time Recording: Standard working hours, overtime provisions, and time recording requirements as per Maltese law

7. Compensation and Benefits: Base salary, bonus structures, benefits package, and payment arrangements

8. Leave Entitlements: Annual leave, sick leave, and other statutory leave entitlements under Maltese law

9. Social Security and Tax: Social security contributions, tax arrangements, and related obligations

10. Data Protection: Handling of personal data in compliance with GDPR and Maltese data protection laws

11. Confidentiality: Protection of company confidential information and trade secrets

12. Intellectual Property: Ownership and rights to work-related intellectual property

13. Termination: Grounds for termination, notice periods, and termination procedures

14. Post-Employment Obligations: Non-compete, non-solicitation, and other post-employment restrictions

15. Governing Law and Jurisdiction: Confirmation of Maltese law as governing law and jurisdiction for disputes

What sections are optional to include in a Global Employment Contract?

1. International Travel: Include when role requires regular international travel, detailing travel policies and allowances

2. Language Requirements: Include when specific language proficiency is required for the role

3. Secondment Provisions: Include for employees who may be seconded to other group companies or locations

4. Stock Options/Equity: Include if employee is eligible for company stock options or equity participation

5. Training Obligations: Include when specific training requirements or commitments are part of the role

6. Dual Employment: Include when employee has roles or responsibilities with multiple group entities

7. Variable Compensation: Include detailed commission or bonus structures for sales or performance-based roles

8. Remote Work Policies: Include detailed provisions for remote working arrangements if applicable

What schedules should be included in a Global Employment Contract?

1. Schedule 1 - Job Description: Detailed description of the role, responsibilities, and performance expectations

2. Schedule 2 - Compensation Details: Detailed breakdown of salary components, benefits, and applicable allowances

3. Schedule 3 - Company Policies: Key company policies that form part of the employment terms

4. Schedule 4 - Data Protection Policy: Detailed data protection and privacy policies applicable to the employment

5. Schedule 5 - IT and Communications Policy: Rules and guidelines for use of company IT systems and communications

6. Appendix A - Required Documents: List of documents required for employment and visa compliance

7. Appendix B - Benefits Summary: Detailed description of all applicable benefits and eligibility criteria

8. Appendix C - Reporting Structure: Organizational chart showing reporting relationships and structure

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

iGaming

Technology

Maritime

Aviation

Professional Services

Healthcare

Tourism and Hospitality

Manufacturing

Telecommunications

Education

Retail and Commerce

Pharmaceutical

Logistics and Transportation

Relevant Teams

Human Resources

Legal

Compliance

Finance

Operations

Information Technology

Sales

Marketing

Research and Development

Administration

Risk Management

Business Development

Customer Service

Product Development

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Chief Technology Officer

Managing Director

Country Manager

Regional Director

Head of Department

Senior Manager

Project Manager

Software Developer

Financial Controller

Compliance Officer

HR Manager

Operations Manager

Sales Director

Marketing Manager

Legal Counsel

Business Development Manager

Technical Lead

Research Analyst

Industries
Employment and Industrial Relations Act (Chapter 452): Malta's primary employment legislation that governs employment relationships, including contract terms, termination, industrial relations, and basic employee rights
EU Regulation 593/2008 (Rome I): Determines the law applicable to contractual obligations in cross-border situations within the EU, relevant for international employment contracts
Posting of Workers in Malta Regulations (S.L. 452.82): Regulates the terms and conditions of employment for workers posted to Malta from other countries
Protection of Wages Convention (ILO C095): International standards for wage protection that Malta has ratified and incorporated into national law
Organization of Working Time Regulations (S.L. 452.87): Regulates working hours, rest periods, and annual leave entitlements
Minimum Special Leave Entitlement Regulations (S.L. 452.101): Establishes minimum leave entitlements including vacation, sick leave, and other special leave
GDPR and Data Protection Act (Chapter 586): Regulates the processing of personal data, crucial for employment relationships and international data transfers
Social Security Act (Chapter 318): Governs social security contributions and benefits, including provisions for international workers
Equal Treatment in Employment Regulations (S.L. 452.95): Ensures non-discrimination and equal treatment in employment relationships
Occupational Health and Safety Authority Act (Chapter 424): Sets standards for workplace safety and health protection
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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