New Hire Contract for Malta

New Hire Contract Template for Malta

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What is a New Hire Contract?

This New Hire Contract template is designed for use when establishing new employment relationships under Maltese law. It serves as a comprehensive employment agreement that complies with the Employment and Industrial Relations Act (EIRA) and other relevant Maltese legislation, including EU regulations applicable in Malta. The document should be used when onboarding new employees, whether for indefinite or fixed-term positions, and can be customized based on the specific role, industry requirements, and employment terms. It includes all mandatory provisions required by Maltese law while maintaining flexibility to accommodate various employment scenarios, seniority levels, and sector-specific requirements. The contract template is regularly updated to reflect changes in employment legislation and market practices in Malta.

What sections should be included in a New Hire 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: Key terms used throughout the agreement

4. Position and Duties: Job title, role description, and main responsibilities

5. Commencement and Duration: Start date and type of contract (indefinite or fixed-term)

6. Probationary Period: Length and terms of the probationary period as per Maltese law

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

8. Working Hours: Standard working hours, breaks, and overtime arrangements

9. Remuneration: Salary, payment frequency, and method of payment

10. Benefits: Statutory and additional benefits provided

11. Leave Entitlements: Annual leave, sick leave, and other statutory leave provisions

12. Termination: Notice periods and grounds for termination

13. Confidentiality: Obligations regarding company confidential information

14. Data Protection: GDPR compliance and handling of personal data

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

What sections are optional to include in a New Hire Contract?

1. Remote Working: Include when remote work arrangements are permitted

2. Non-Competition: Include for senior positions or roles with access to sensitive information

3. Intellectual Property: Include for creative, technical, or research-based roles

4. Commission Structure: Include for sales or performance-based roles

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

6. Training Requirements: Include when specific training or qualifications are required

7. Stock Options: Include when employee is eligible for company share schemes

8. Flexible Working: Include when flexible working arrangements are offered

9. Language Requirements: Include when specific language skills are required

10. Industry-Specific Compliance: Include for regulated industries like financial services

What schedules should be included in a New Hire Contract?

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

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

3. Schedule 3 - Company Policies: Reference to applicable company policies and procedures

4. Schedule 4 - Benefit Plans: Details of insurance, pension, and other benefit schemes

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

6. Appendix B - IT Policy: Rules regarding use of company IT systems and equipment

7. Appendix C - Performance Metrics: KPIs and performance evaluation criteria

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

Information Technology

Gaming

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

Product Development

Business Development

Compliance

Risk Management

Relevant Roles

Chief Executive Officer

Managing Director

Department Head

Senior Manager

Project Manager

Software Developer

Financial Analyst

HR Specialist

Marketing Executive

Sales Representative

Administrative Assistant

Customer Service Representative

Operations Manager

Research Analyst

Legal Counsel

Technical Support Specialist

Account Manager

Product Manager

Data Scientist

Business Development Manager

Industries
Employment and Industrial Relations Act (Chapter 452): Primary legislation governing employment relationships in Malta, covering fundamental aspects such as contracts of service, conditions of employment, protection against discrimination, and termination
Minimum Special Leave Entitlement Regulations (S.L. 452.101): Regulates statutory leave entitlements including annual leave, sick leave, maternity leave, parental leave, and other special leave provisions
Organization of Working Time Regulations (S.L. 452.87): Covers working time arrangements, including maximum weekly working hours, rest periods, and overtime regulations
Protection of Maternity (Employment) Regulations (S.L. 452.91): Specific regulations protecting pregnant employees and maternity-related rights
Wage Regulation Orders: Sector-specific regulations determining minimum wages and basic conditions of employment for specific industries
Equal Treatment in Employment Regulations (S.L. 452.95): Ensures non-discrimination in employment and equal treatment regardless of gender, race, sexual orientation, age, religion, or disability
General Data Protection Regulation (GDPR) and Data Protection Act: Regulates the processing of personal data of employees and privacy rights in the employment context
Occupational Health and Safety Authority Act (Chapter 424): Establishes employer obligations regarding workplace safety and health protection
Prevention of Financial Markets Abuse Act (Chapter 476): Relevant for employment contracts in financial services sector, covering insider dealing and market manipulation provisions
Employment Status National Standard Order (S.L. 452.108): Defines employment status and distinguishes between employment and self-employment relationships
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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