Software Developer Contract for Malta

Software Developer Contract Template for Malta

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Software Developer Contract

"I need a Software Developer Contract for a permanent, senior-level position starting March 1, 2025, with hybrid working arrangements (3 days remote, 2 days office-based in Malta) and including provisions for intellectual property rights and participation in our employee share scheme."

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What is a Software Developer Contract?

The Software Developer Contract serves as a crucial legal framework for establishing employment relationships in Malta's growing technology sector. This document is essential when hiring software development professionals, whether for permanent positions or fixed-term projects. It incorporates key requirements under Maltese employment law, including the Employment and Industrial Relations Act, while addressing specific technology sector needs such as intellectual property rights, data protection, and remote working arrangements. The contract is particularly relevant for companies operating in Malta's emerging tech hub, ensuring compliance with both local and EU regulations while protecting the interests of both employers and software development professionals. It includes comprehensive provisions for modern software development practices, technical responsibilities, code ownership, and professional growth opportunities, making it suitable for various technical roles across different industries.

What sections should be included in a Software Developer Contract?

1. Parties: Identification of the employer and the software developer, including their registered addresses and company/personal details

2. Background: Context of the agreement and brief description of the purpose of hiring the software developer

3. Definitions and Interpretation: Definitions of key terms used throughout the contract, including technical terms specific to software development

4. Appointment and Term: Terms of employment, including start date, probationary period, and contract duration

5. Duties and Responsibilities: Detailed description of the developer's role, technical responsibilities, and performance expectations

6. Working Hours and Location: Specified working hours, flexibility arrangements, and primary work location including remote work provisions

7. Remuneration and Benefits: Salary, payment schedule, bonuses, and any additional benefits provided

8. Leave Entitlements: Annual leave, sick leave, and other types of leave as per Maltese law

9. Intellectual Property Rights: Assignment of IP rights for work created during employment, including code, documentation, and innovations

10. Confidentiality: Obligations regarding confidential information, trade secrets, and proprietary data

11. Data Protection: Compliance with GDPR and Maltese data protection laws, including handling of personal data

12. Non-Competition and Non-Solicitation: Restrictions on working with competitors and soliciting clients/employees post-employment

13. Termination: Conditions and procedures for contract termination, notice periods, and immediate termination grounds

14. Post-Termination Obligations: Obligations surviving contract termination, including return of company property and maintaining confidentiality

15. General Provisions: Standard legal clauses including governing law, jurisdiction, and entire agreement provisions

What sections are optional to include in a Software Developer Contract?

1. Performance Reviews and KPIs: Include when specific performance metrics and review processes need to be formalized

2. Training and Professional Development: Include when the employer provides specific training programs or professional development opportunities

3. Equipment and Tools: Include when the employer provides specific hardware, software, or other tools

4. On-Call Duties: Include for roles requiring emergency response or out-of-hours support

5. Project-Specific Terms: Include when the developer is hired for specific projects requiring additional terms

6. Share Options or Equity: Include when offering company shares or equity as part of compensation

7. International Travel: Include when role requires travel to other countries

8. Client Interaction Protocols: Include when developer will have direct client contact

What schedules should be included in a Software Developer Contract?

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

2. Schedule 2 - Remuneration Package: Detailed breakdown of salary, benefits, bonuses, and any performance-related pay

3. Schedule 3 - Company Policies: Reference to or inclusion of relevant company policies including code of conduct, IT security policy

4. Schedule 4 - Technical Stack and Tools: List of programming languages, technologies, and tools the developer is expected to use

5. Schedule 5 - Approved Outside Activities: List of any pre-approved external professional activities or side projects

6. Appendix A - Confidentiality Agreement: Detailed confidentiality terms and specific types of confidential information

7. Appendix B - IP Assignment Agreement: Detailed terms of intellectual property assignment and any exceptions

8. Appendix C - Data Protection Policy: Specific data protection obligations and procedures

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 legal definitions
Clauses
Relevant Industries

Information Technology

Software Development

Financial Services

Gaming and iGaming

E-commerce

Healthcare Technology

FinTech

Digital Services

Telecommunications

Cybersecurity

Cloud Computing

Artificial Intelligence and Machine Learning

Mobile App Development

Enterprise Software

Education Technology

Relevant Teams

Software Development

Engineering

Product Development

Research and Development

Technical Operations

DevOps

Quality Assurance

Mobile Development

Web Development

Cloud Infrastructure

Enterprise Solutions

Digital Innovation

Technology Solutions

Core Engineering

Relevant Roles

Software Developer

Full Stack Developer

Frontend Developer

Backend Developer

Mobile App Developer

DevOps Engineer

Software Engineer

Systems Developer

Application Developer

Web Developer

API Developer

Cloud Developer

Software Architect

Junior Developer

Senior Developer

Lead Developer

Technical Team Lead

Development Manager

Industries
Employment and Industrial Relations Act (Chapter 452 of the Laws of Malta): Primary legislation governing employment relationships in Malta, covering basic employment rights, conditions of employment, working hours, and termination provisions
Data Protection Act (Chapter 586 of the Laws of Malta): National legislation implementing GDPR requirements, crucial for software development work involving personal data processing
EU General Data Protection Regulation (GDPR): EU-wide regulation on data protection and privacy, directly applicable in Malta, essential for software development projects involving personal data
Copyright Act (Chapter 415 of the Laws of Malta): Regulates intellectual property rights, crucial for software development and code ownership provisions
Work Places (Minimum Health and Safety Requirements) Regulations (S.L. 424.15): Covers health and safety requirements including provisions for display screen equipment, relevant for software developers
Minimum Special Leave Entitlement Regulations (S.L. 452.101): Regulates minimum leave entitlements for employees under Maltese law
Remote Working Regulations (S.L. 452.104): Governs telework arrangements, increasingly relevant for software development positions
Electronic Commerce Act (Chapter 426 of the Laws of Malta): Relevant for software development contracts involving e-commerce solutions or digital services
Equal Treatment in Employment Regulations (S.L. 452.95): Ensures non-discrimination in employment, applicable to all employment contracts including software development positions
Protection of Trade Secrets Act (Chapter 589 of the Laws of Malta): Protects confidential business information and trade secrets, crucial for software development involving proprietary code and methodologies
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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