Unlimited Employment Contract for Malta

Unlimited Employment Contract Template for Malta

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Unlimited Employment Contract

"I need an Unlimited Employment Contract under Maltese law for a senior software developer position in a fintech company, starting March 1, 2025, with specific clauses for intellectual property rights and remote working arrangements."

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What is a Unlimited Employment Contract?

This Unlimited Employment Contract template is designed for use in Malta when establishing permanent employment relationships. It serves as a comprehensive agreement between employers and employees, incorporating all mandatory requirements under Maltese employment law, particularly the Employment and Industrial Relations Act (EIRA) and related regulations. The document should be used when hiring permanent employees in Malta, whether for full-time or part-time positions, and includes provisions for remuneration, working hours, leave entitlements, notice periods, and other essential terms of employment. It provides the necessary framework for compliance with Maltese employment legislation while allowing customization for specific roles, industries, and company requirements.

What sections should be included in a Unlimited 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 agreement

3. Definitions: Definitions of key terms used throughout the contract

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

5. Commencement and Duration: Start date and confirmation of unlimited duration of employment

6. Probationary Period: Duration and terms of the probationary period as per Maltese law

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

8. Working Hours: Normal working hours, overtime arrangements, and break entitlements

9. Remuneration: Salary, payment frequency, and method of payment

10. Benefits: Standard benefits package including statutory benefits

11. Leave Entitlements: Annual leave, sick leave, and other statutory leave provisions

12. Confidentiality: Obligations regarding company confidential information

13. Data Protection: GDPR compliance and handling of employee personal data

14. Notice Period: Notice requirements for termination by either party

15. Governing Law: Confirmation of Maltese law as governing law

16. Signatures: Execution section for both parties

What sections are optional to include in a Unlimited Employment Contract?

1. Remote Working: Terms for remote work arrangements, if applicable

2. Non-Compete: Post-employment restrictions, if required for senior or sensitive positions

3. Commission Structure: For sales or performance-based roles

4. International Travel: For positions requiring regular international travel

5. Intellectual Property: For roles involving creative or technical work

6. Training Obligations: For positions requiring specific training or qualifications

7. Company Car: Terms for provision and use of company vehicle if applicable

8. Share Options: For positions eligible for company share schemes

9. Collective Agreement: Reference to applicable collective agreement if relevant

What schedules should be included in a Unlimited Employment Contract?

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

2. Schedule 2 - Compensation Details: Breakdown of salary components and benefits

3. Schedule 3 - Company Policies: Key company policies including IT, social media, and code of conduct

4. Schedule 4 - Expense Policy: Rules and procedures for expense claims

5. Appendix A - Data Protection Notice: Detailed information about processing of employee personal data

6. Appendix B - Health and Safety Policy: Workplace health and safety guidelines 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

Clauses
Relevant Industries

Financial Services

Gaming

Information Technology

Manufacturing

Tourism and Hospitality

Professional Services

Healthcare

Education

Retail

Construction

Maritime

Telecommunications

Pharmaceutical

Transport and Logistics

Relevant Teams

Human Resources

Legal

Finance

Operations

Information Technology

Sales

Marketing

Customer Service

Research and Development

Administration

Product Development

Quality Assurance

Business Development

Compliance

Strategy

Relevant Roles

Chief Executive Officer

Managing Director

Department Manager

Team Leader

Software Developer

Account Manager

Administrative Assistant

Human Resources Officer

Financial Controller

Marketing Executive

Sales Representative

Customer Service Representative

Project Manager

Operations Manager

Technical Specialist

Research Analyst

Legal Counsel

Product Manager

Business Development Executive

Quality Assurance Specialist

Industries
Employment and Industrial Relations Act (Chapter 452 of the Laws of Malta): The primary legislation governing employment relationships in Malta, covering contract requirements, working conditions, termination procedures, and basic employee rights
Employment Status National Standard Order (S.L. 452.108): Subsidiary legislation defining employment status and providing criteria for determining employment relationships
Minimum Special Leave Entitlement Regulations (S.L. 452.101): Regulates minimum leave entitlements including vacation leave, sick leave, and other special leave provisions
Protection of Maternity (Employment) Regulations (S.L. 452.91): Specifies rights and protections for pregnant employees and maternity leave requirements
Wage Regulation Orders: Sector-specific regulations determining minimum wages and basic working conditions for specific industries
Organization of Working Time Regulations (S.L. 452.87): Regulates working hours, rest periods, and overtime arrangements
General Data Protection Regulation (GDPR) and Data Protection Act (Chapter 586): Governs the processing of personal data of employees and privacy rights in the employment context
Equal Opportunities (Persons with Disability) Act (Chapter 413): Ensures non-discrimination and equal treatment of persons with disabilities in employment
Equal Treatment in Employment Regulations (S.L. 452.95): Prohibits discrimination in employment based on various protected characteristics
Information to Employees Regulations (S.L. 452.83): Specifies what information must be provided to employees in writing regarding their employment conditions
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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