The Management Employment Contract serves as a crucial legal document for establishing and regulating employment relationships at the management level in Malta. It is specifically designed for use when hiring or promoting individuals into senior management positions, ensuring compliance with Maltese employment law while protecting both employer and employee interests. This contract type is essential for organizations operating in Malta that need to formalize management appointments, including detailed terms of employment, compensation packages, performance expectations, and post-employment obligations. The document incorporates requirements from the Employment and Industrial Relations Act, as well as other relevant Maltese legislation, while addressing specific needs of executive positions such as strategic decision-making authority, reporting structures, and complex remuneration arrangements. It's particularly important for establishing clear parameters around confidentiality, intellectual property rights, and non-competition obligations that are crucial at the management level.
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1. Parties: Identification of the employer company and the management employee
2. Background: Context of the appointment and any relevant corporate background
3. Definitions: Key terms used throughout the agreement including 'Company', 'Board', 'Confidential Information', etc.
4. Appointment and Term: Position title, effective date, and term of employment (fixed or indefinite)
5. Duties and Responsibilities: Detailed description of management role, reporting lines, and key responsibilities
6. Place of Work: Primary workplace location and travel requirements
7. Hours of Work: Working hours, flexibility requirements, and time management expectations
8. Remuneration: Base salary, payment frequency, and review mechanisms
9. Bonus and Incentives: Performance-related pay, bonus schemes, and criteria for payment
10. Benefits: Health insurance, car allowance, pension, and other benefits
11. Leave Entitlement: Annual leave, sick leave, and other statutory leave rights
12. Confidentiality: Protection of company information and trade secrets
13. Intellectual Property: Ownership of work product and innovations
14. Non-Competition: Post-employment restrictions and non-compete obligations
15. Termination: Notice periods, grounds for termination, and procedures
16. Data Protection: Handling of personal data and GDPR compliance
17. Governing Law: Confirmation of Maltese law governance and jurisdiction
18. Entire Agreement: Integration clause and relationship to other agreements
19. Execution: Signature blocks and date of agreement
1. Probationary Period: Details of any initial probation period - optional for senior management positions
2. Director Provisions: Additional provisions if the manager will also serve as a company director
3. International Travel: Specific provisions for international travel and overseas work
4. Share Options: Details of any share option or equity participation schemes
5. Change of Control: Provisions dealing with company ownership changes
6. Garden Leave: Provisions for placing the employee on garden leave during notice period
7. Severance Package: Pre-agreed severance terms for specific termination scenarios
8. Relocation Assistance: Terms for relocation support if the role involves moving to Malta
9. Performance Metrics: Specific KPIs and performance measurement criteria
10. Corporate Governance: Specific obligations regarding corporate governance if part of senior management team
1. Schedule 1 - Job Description: Detailed outline of role, responsibilities, and expectations
2. Schedule 2 - Remuneration Package: Detailed breakdown of salary, benefits, and bonus structures
3. Schedule 3 - Company Policies: Key company policies applicable to the role
4. Schedule 4 - Performance Bonus Scheme: Detailed bonus calculation methods and criteria
5. Schedule 5 - Restricted Activities: Specific activities restricted during and after employment
6. Appendix A - Benefits Summary: Detailed description of all benefits and allowances
7. Appendix B - Share Option Terms: Details of any share option or equity participation programs
8. Appendix C - Expense Policy: Guidelines for business expense claims and reimbursement
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