Trial Period Employment Contract for Malta

Trial Period Employment Contract Template for Malta

A Trial Period Employment Contract governed by Maltese law is a formal agreement that establishes a probationary employment relationship between an employer and employee. This document complies with the Employment and Industrial Relations Act (EIRA) of Malta and related regulations, incorporating mandatory provisions regarding maximum probation periods (6 months for regular positions, 12 months for management/technical roles), minimum wage requirements, working hours, leave entitlements, and termination conditions. The contract outlines the terms and conditions of employment during the trial period, including job responsibilities, remuneration, working conditions, and performance expectations.

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What is a Trial Period Employment Contract?

This Trial Period Employment Contract is designed for use in Malta when establishing new employment relationships that begin with a probationary period. It is essential for employers seeking to evaluate new employees' suitability for permanent positions while complying with Maltese employment law. The document incorporates all mandatory requirements under the Employment and Industrial Relations Act, including specific provisions for probation periods, which are limited to 6 months for regular positions and 12 months for management or technical roles. The contract should be used at the commencement of employment and includes crucial details about the position, remuneration, working conditions, and termination rights during the probationary period. It serves as a crucial legal framework for protecting both employer and employee interests while ensuring compliance with Maltese employment regulations.

What sections should be included in a Trial Period Employment 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 trial period contract

3. Definitions: Key terms used throughout the contract including 'Trial Period', 'Effective Date', 'Termination Date'

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

5. Duration of Trial Period: Length of the probationary period (as per Maltese law, maximum 6 months for non-managerial positions or 12 months for managerial/technical positions)

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

7. Working Hours: Standard working hours, breaks, and overtime provisions

8. Leave Entitlements: Annual leave, sick leave, and other statutory leave entitlements

9. Termination: Conditions and process for termination during the trial period, including notice requirements

10. Confidentiality: Obligations regarding company confidential information

11. Data Protection: Handling of employee personal data in accordance with GDPR and local data protection laws

12. Governing Law: Specification of Maltese law as governing law

What sections are optional to include in a Trial Period Employment Contract?

1. Remote Working Arrangements: Terms for remote work if applicable to the position

2. Company Property: Details about company equipment provided to employee, if any

3. Non-Competition: Non-compete clauses if required for sensitive positions

4. Training Requirements: Specific training obligations during trial period, if any

5. Performance Targets: Specific KPIs or targets for the trial period, if applicable

6. Benefits: Any additional benefits provided during trial period

7. Travel Requirements: Terms related to business travel if required for the position

What schedules should be included in a Trial Period Employment Contract?

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

2. Schedule 2 - Remuneration Details: Breakdown of salary components and any applicable allowances

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

4. Schedule 4 - Performance Evaluation Criteria: Specific criteria for evaluating performance during trial period

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

6. Appendix B - Health and Safety Guidelines: Workplace health and safety requirements 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

Jurisdiction

Malta

Publisher

Genie AI

Cost

Free to use

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