Probationary Contract for Malta

Probationary Contract Template for Malta

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Probationary Contract

"I need a Probationary Contract for a Software Developer position starting March 1, 2025, with standard 6-month probation period and remote working provisions for 2 days per week."

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What is a Probationary Contract?

This Probationary Contract template is designed for use in Malta when establishing new employment relationships that begin with a trial period. It complies with Malta's Employment and Industrial Relations Act and related employment regulations, incorporating the standard six-month probationary period unless otherwise specified. The document should be used when hiring new employees in Malta, whether for permanent positions subject to initial probation or fixed-term contracts with probationary periods. It includes mandatory provisions required by Maltese law, such as notice periods, basic working conditions, and minimum statutory benefits, while allowing for customization based on specific role requirements and company policies. This template ensures proper documentation of the employment relationship during the crucial initial period while protecting both employer and employee interests under Maltese jurisdiction.

What sections should be included in a Probationary 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 probationary contract

3. Definitions: Key terms used throughout the contract

4. Appointment and Probationary Period: Details of the position and duration of probation (typically 6 months under Maltese law unless agreed otherwise)

5. Job Title and Duties: Specific role and responsibilities of the employee

6. Duration and Work Hours: Working hours, schedule, and potential overtime requirements

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

8. Remuneration: Salary, payment frequency, and any applicable bonuses or allowances

9. Leave Entitlements: Vacation, sick leave, and other leave entitlements as per Maltese law

10. Performance Review: Evaluation criteria and timing during probation period

11. Termination: Conditions for termination during probation (typically one week notice required)

12. Confidentiality: Protection of company information and trade secrets

13. Governing Law: Confirmation of Maltese law application and jurisdiction

14. Signatures: Execution clause and signature blocks for both parties

What sections are optional to include in a Probationary Contract?

1. Remote Work Provisions: Used when the role involves any form of remote working arrangements

2. Company Property: Include when employee is provided with equipment or other company assets

3. Training Requirements: Used when specific training is mandatory during probation

4. Non-Competition: Include for roles with access to sensitive business information

5. Benefits: Used when additional benefits are offered during probation

6. Overtime Arrangements: Include for roles that may require overtime work

7. Data Protection: Used when role involves processing personal data under GDPR

8. Health and Safety: Include for roles with specific health and safety requirements

What schedules should be included in a Probationary Contract?

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

2. Schedule 2 - Remuneration Details: Breakdown of salary components, allowances, and payment schedule

3. Schedule 3 - Company Policies: Key company policies applicable during probation

4. Schedule 4 - Performance Metrics: Specific KPIs and success criteria for the probationary period

5. Appendix A - Employee Handbook Reference: Reference to relevant sections of employee handbook

6. Appendix B - Required Documentation: List of documents employee must provide (ID, certifications, etc.)

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 Industries

Financial Services

Information Technology

Manufacturing

Tourism and Hospitality

Healthcare

Retail

Professional Services

Education

Construction

Maritime

Gaming

Telecommunications

Transport and Logistics

Real Estate

Energy

Relevant Teams

Human Resources

Legal

Finance

Operations

Administration

Compliance

Talent Acquisition

Employee Relations

Compensation and Benefits

Learning and Development

Relevant Roles

Chief Executive Officer

Department Manager

Software Developer

Administrative Assistant

Sales Representative

Human Resources Officer

Financial Analyst

Marketing Coordinator

Customer Service Representative

Project Manager

Operations Manager

Legal Counsel

Research Analyst

Technical Support Specialist

Business Development Manager

Account Executive

Quality Assurance Specialist

Data Analyst

Product Manager

Executive Assistant

Industries
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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