Master Employment Contract for Malta

Master Employment Contract Template for Malta

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What is a Master Employment Contract?

The Master Employment Contract serves as the foundational document establishing the employment relationship between employers and employees in Malta. This template is designed to comply with Malta's Employment and Industrial Relations Act (EIRA) and related legislation, including various subsidiary regulations and EU directives applicable in Malta. It is typically used when establishing new employment relationships or standardizing existing employment terms across an organization. The document incorporates mandatory provisions required by Maltese law while maintaining flexibility to accommodate different roles, seniority levels, and industry requirements. It includes comprehensive coverage of essential employment terms, statutory requirements, and protective provisions for both parties, making it suitable for use across various sectors and job positions within the Maltese jurisdiction.

What sections should be included in a Master Employment Contract?

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

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

3. Definitions: Definitions of key terms used throughout the contract

4. Appointment and Term: Nature of employment, job title, commencement date, and whether fixed-term or indefinite

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, overtime provisions, and flexible working arrangements if applicable

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

9. Benefits: Statutory and contractual benefits including leave entitlements

10. Probationary Period: Duration and terms of the probationary period as per Maltese law

11. Confidentiality: Obligations regarding company confidential information

12. Data Protection: Provisions regarding handling of personal data in compliance with GDPR

13. Health and Safety: Obligations and commitments regarding workplace health and safety

14. Termination: Notice periods and grounds for termination

15. Post-Termination Obligations: Return of company property and ongoing confidentiality obligations

16. Governing Law: Confirmation of Maltese law as governing law and jurisdiction

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

1. Commission Structure: Details of commission calculations and payments - include for sales roles

2. Remote Working: Specific provisions for remote work arrangements - include if remote work is permitted

3. International Travel: Travel requirements and allowances - include for roles requiring international travel

4. Non-Compete: Post-employment restrictions on working for competitors - include for senior roles or those with access to sensitive information

5. Intellectual Property: IP rights and assignments - include for creative or technical roles

6. Training Requirements: Mandatory training and professional development - include for regulated roles or where specific qualifications are required

7. Performance Bonus: Performance-based bonus structure - include for roles with variable compensation

8. Share Options: Employee share scheme participation - include if share options are offered

9. Garden Leave: Provisions for garden leave during notice period - include for senior roles

10. Secondment Provisions: Terms for potential secondments - include if inter-company transfers are possible

What schedules should be included in a Master Employment Contract?

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

2. Schedule 2 - Remuneration Details: Comprehensive breakdown of salary components and benefits

3. Schedule 3 - Company Policies: List of applicable company policies incorporated by reference

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

5. Schedule 5 - Bonus Scheme Rules: Detailed rules and calculations for any applicable bonus schemes

6. Appendix A - Code of Conduct: Company's code of conduct and ethical standards

7. Appendix B - IT and Communications Policy: Rules regarding use of company IT systems and communications

8. Appendix C - Grievance Procedures: Process for raising and handling workplace grievances

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

Clauses
Relevant Industries

Financial Services

Gaming and iGaming

Information Technology

Manufacturing

Tourism and Hospitality

Professional Services

Healthcare

Education

Retail

Maritime

Construction

Telecommunications

Relevant Teams

Human Resources

Legal

Finance

Operations

Information Technology

Sales

Marketing

Customer Service

Research and Development

Administration

Quality Assurance

Business Development

Product Development

Compliance

Executive Management

Relevant Roles

Chief Executive Officer

Managing Director

Department Manager

Senior Executive

Software Developer

Account Manager

Human Resources Officer

Financial Controller

Marketing Specialist

Operations Manager

Administrative Assistant

Sales Representative

Project Manager

Technical Support Specialist

Research Analyst

Customer Service Representative

Legal Counsel

Product Manager

Business Development Manager

Quality Assurance Specialist

Industries
Employment and Industrial Relations Act (Chapter 452): 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 employment
Wage Regulation Orders: Sector-specific regulations that establish minimum wages and working conditions for different industries in Malta
Organization of Working Time Regulations (S.L. 452.87): Regulations governing working hours, rest periods, night work, and overtime arrangements
Annual Leave National Standard Order (S.L. 452.115): Legislation establishing minimum annual leave entitlements and related conditions
Minimum Special Leave Entitlement Regulations (S.L. 452.101): Regulations covering various types of leave including sick leave, bereavement leave, and other special leave entitlements
Protection of Maternity (Employment) Regulations (S.L. 452.91): Regulations protecting the rights of pregnant employees and those who have recently given birth
Occupational Health and Safety Authority Act (Chapter 424): Legislation establishing workplace safety requirements and employer obligations regarding health and safety
Data Protection Act (Chapter 586): Legislation implementing GDPR requirements in Malta, relevant for handling employee personal data
Equal Treatment in Employment Regulations (S.L. 452.95): Regulations prohibiting discrimination in employment and ensuring equal treatment
Protection Against Unfair Dismissal Regulations: Regulations governing the termination of employment and protecting employees against unfair dismissal
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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