The Resignation And Termination document serves as a crucial legal instrument for formalizing the end of employment relationships under Maltese law. It is designed for use when either an employee submits their resignation or when an employer initiates termination of employment. The document ensures compliance with Malta's Employment and Industrial Relations Act and related regulations, incorporating mandatory notice periods, final settlement calculations, and post-employment obligations. It includes provisions for protecting confidential information, managing company property returns, and facilitating smooth handovers. This template is particularly valuable for HR departments and legal teams in maintaining consistent termination procedures while minimizing legal risks. The document can be customized based on the employee's seniority, role, and specific circumstances of the termination, while ensuring all statutory requirements are met.
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1. Parties: Identification of the employer and employee, including full legal names, addresses, and relevant identification numbers
2. Background: Brief context of the employment relationship, including start date, position, and reason for termination/resignation
3. Definitions: Key terms used throughout the agreement, including 'Effective Date', 'Final Settlement', 'Notice Period', etc.
4. Termination Date: Clear specification of the last working day and effective termination date
5. Notice Period: Details of the notice period as per Maltese law and employment contract, including any garden leave provisions
6. Final Settlement: Breakdown of final payment including salary, pro-rata bonus, unused leave, and other entitlements
7. Company Property: Requirements for returning company property, documents, and equipment
8. Confidentiality: Ongoing obligations regarding confidential information and trade secrets
9. Full and Final Settlement: Confirmation that the agreement represents full and final settlement of all claims
10. Governing Law: Confirmation that the agreement is governed by Maltese law
1. Post-termination Restrictions: Non-compete and non-solicitation clauses, if applicable from the original employment contract
2. Reference: Terms regarding the provision of employment references
3. Handover: Specific requirements for handover of duties and ongoing projects
4. Medical Insurance: Provisions regarding continuation or termination of medical insurance benefits
5. Share Options: Treatment of any share options or equity-based compensation
6. Legal Fees: Any agreement regarding payment of legal fees for review of the agreement
7. Mutual Non-disparagement: Clauses preventing either party from making negative statements about the other
8. Tax Indemnity: Provisions regarding tax treatment of payments and any related indemnities
1. Schedule 1 - Final Settlement Calculation: Detailed breakdown of all final payments including basic salary, bonuses, leave entitlements, and deductions
2. Schedule 2 - Company Property List: Itemized list of company property to be returned
3. Schedule 3 - Handover Schedule: Detailed list of projects, tasks, and responsibilities to be handed over
4. Appendix A - Original Employment Contract: Copy of the original employment contract for reference
5. Appendix B - Post-termination Obligations: Detailed listing of continuing obligations after employment ends
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