This New Employee Contract template is designed for use in Malta when establishing new employment relationships under Maltese law. It complies with the Employment and Industrial Relations Act (EIRA) and related legislation, incorporating all mandatory provisions required by Maltese employment law. The contract should be used when hiring new permanent or fixed-term employees in Malta, covering essential elements such as position details, compensation, working hours, benefits, and termination provisions. It includes customizable sections to accommodate various industry requirements while maintaining legal compliance with Maltese and EU regulations. Regular updates ensure alignment with current employment legislation and best practices in the Maltese business environment.
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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. Position and Duties: Job title, role description, and main responsibilities
5. Commencement and Duration: Start date, probationary period, and type of contract (indefinite/fixed-term)
6. Place of Work: Primary workplace location and any flexibility arrangements
7. Working Hours: Standard working hours, breaks, and overtime provisions
8. Remuneration: Salary, payment frequency, and method of payment
9. Benefits: Statutory and additional benefits provided by the employer
10. Leave Entitlements: Annual leave, sick leave, and other statutory leave provisions
11. Confidentiality: Obligations regarding company confidential information
12. Data Protection: GDPR compliance and handling of personal data
13. Notice Period: Notice requirements for termination by either party
14. Termination: Grounds and procedures for contract termination
15. Governing Law: Confirmation of Maltese law as governing law
1. Mobility Clause: Required if the employee may need to work at different locations
2. Non-Compete: Include for senior positions or roles with access to sensitive information
3. Intellectual Property: Necessary for creative or technical roles involving IP creation
4. Commission Structure: Include for sales roles or positions with variable compensation
5. Remote Working: Include if remote work is permitted or required
6. Training Requirements: Include if specific training or qualifications are required
7. Company Car: Include if a company car is provided
8. Share Options: Include if employee is eligible for share schemes
9. International Travel: Include if role requires international travel
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: Reference to applicable company policies and procedures
4. Schedule 4 - Confidential Information: Detailed description of what constitutes confidential information
5. Appendix A - Code of Conduct: Company's code of conduct and ethical standards
6. Appendix B - IT Policy: Company's IT usage and security policies
7. Appendix C - Benefits Summary: Detailed breakdown of all employee benefits
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