Standard Work Contract for Malta

Standard Work Contract Template for Malta

A Standard Work Contract compliant with Maltese employment law, specifically designed to establish and regulate the employment relationship between an employer and employee in Malta. This contract incorporates all mandatory elements required by the Employment and Industrial Relations Act (EIRA) and relevant subsidiary legislation, including terms of employment, working hours, remuneration, leave entitlements, and termination provisions. The document ensures compliance with Malta's robust employment law framework while protecting both employer and employee interests.

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What is a Standard Work Contract?

The Standard Work Contract serves as the foundational document for establishing formal employment relationships in Malta. It is designed to comply with the Employment and Industrial Relations Act (EIRA) and all relevant Maltese employment legislation. This contract type is essential for any employer hiring employees in Malta, whether for indefinite or fixed-term positions. The document encompasses all legally required elements including job duties, working hours, remuneration, benefits, leave entitlements, and termination provisions. It also addresses modern workplace considerations such as data protection under GDPR and remote working arrangements where applicable. The Standard Work Contract should be customized based on the specific role while maintaining compliance with Maltese employment law requirements.

What sections should be included in a Standard Work 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 contract

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

5. Commencement and Duration: Start date, type of contract (indefinite/fixed-term), and if applicable, duration

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. Leave Entitlements: Annual leave, sick leave, and public holidays

11. Benefits: Statutory and additional benefits provided

12. Termination: Notice periods and grounds for termination

13. Confidentiality: Obligations regarding company information and trade secrets

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

15. Governing Law: Confirmation of Maltese law application

What sections are optional to include in a Standard Work Contract?

1. Remote Working: Include when remote work is permitted, specifying conditions and arrangements

2. Commission Structure: Include for sales roles or positions with variable compensation

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

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

5. Intellectual Property: Include for creative or technical roles where IP creation is expected

6. Company Car: Include when a company vehicle is provided

7. Flexible Working: Include when flexible working arrangements are permitted

8. International Travel: Include when role requires international travel

What schedules should be included in a Standard Work 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 - Benefits Package: Detailed description of all benefits and eligibility conditions

5. Appendix A - Code of Conduct: Company's code of conduct and expected behavior

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

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

Cost

Free to use

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