Resignation by the employee under Maltese employment law
Legal framework for employee resignation
The termination of a contract of service by an employee, including by resignation, is governed generally by the Employment and Industrial Relations Act. The Chapter 452, article 36 provisions on probationary periods are particularly relevant, since notice requirements and the ability to resign without extended notice periods often depend on whether the employee is still within probation.
The passages available do not set out the precise general notice periods applicable to resignation outside of probation (for example, fixed weekly or monthly notice periods based on length of service). Readers should verify the exact current notice periods applicable to their length of service directly in the current text of the Employment and Industrial Relations Act, as these are not confirmed in the material relied upon here.
During probation, which under Chapter 452, article 36 is ordinarily six months (subject to specific rules for fixed-term contracts and for certain higher-paid technical, executive, administrative or managerial employees, whose probation may be twelve months), different and generally shorter notice arrangements may apply. The employee should check the specific notice period applicable to their probationary status before submitting a resignation.
Form and delivery of the resignation letter
- A resignation should always be given in writing, so that there is clear evidence of the date on which notice was given and of its content.
- The letter should be dated and should state clearly the employee's intention to terminate the contract of service and the last working day, calculated according to the applicable notice period.
- It is advisable to deliver the resignation letter by hand against a signed acknowledgement of receipt, or by registered post, so that the employer's receipt of the letter and its date can be proven if a dispute arises later.
- A copy of the letter, together with proof of delivery, should be retained by the employee for their own records.
Holiday pay and other entitlements on termination
On termination of employment, whether by resignation or otherwise, accrued but untaken leave entitlements are normally due to be paid out or, where practicable, taken during the notice period. The passages relied upon here do not specify the exact statutory mechanism or formula for calculating outstanding holiday pay on resignation, so employees should confirm this directly by reference to the current wording of the Employment and Industrial Relations Act or any applicable collective agreement.
Employees should also check their contract of service and any applicable collective agreement, since these may contain more detailed or more favourable provisions than the statutory minimum regarding payment for accrued leave on termination.
Documents to be obtained on leaving employment
Under Chapter 452, article 41, on termination of a contract of service lasting over one month, the employer is bound, at the employee's request, to issue a certificate stating the duration of the employment, the nature of the work or services performed and, if the employee so wishes, the reason for termination of the contract, together with the rate of wages paid.
The employer is not obliged to state the reason for termination in this certificate if the employment ended during the probationary period. Employees who wish to receive a certificate stating the reason for termination should therefore make this request expressly in, or shortly after, their resignation letter.
It is good practice for the employee to request this certificate directly in the resignation letter itself, so that there is a clear written record of the request and its timing.
Step-by-Step Instructions
- Check the applicable notice period under the contract of service, any collective agreement and the Employment and Industrial Relations Act, taking into account whether the employee is still within probation under Chapter 452, article 36.
- Prepare the resignation letter in writing, stating the intended last working day calculated from the date of delivery according to the applicable notice period.
- Deliver the letter to the employer by hand against acknowledgement of receipt, or by registered post, and keep a copy together with proof of delivery.
- Request in the letter a certificate of employment under Chapter 452, article 41, specifying whether the reason for termination should be included.
- Before the last working day, confirm with the employer the settlement of any outstanding holiday pay and other final entitlements.
Employee's Resignation Letter
[Employee's full name] [Employee's address] [Employee's ID card number] [Employer's name] [Employer's address] Date: [date] By hand / By registered post Subject: Resignation from employment Dear [name of employer / HR representative], I am writing to formally give notice of my resignation from my position as [job title] with [name of employer], with effect from today's date. In accordance with my contract of service [and/or the applicable collective agreement] [and/or the notice period applicable under my probationary period in terms of article 36 of the Employment and Industrial Relations Act, Chapter 452 of the Laws of Malta, if applicable], my notice period is [insert number] [days/weeks/months], and my last working day will therefore be [insert date]. I kindly request that: 1. any outstanding holiday pay and other final entitlements due to me be calculated and settled by my last working day or as soon as reasonably possible thereafter; 2. I be issued, pursuant to article 41 of the Employment and Industrial Relations Act, Chapter 452 of the Laws of Malta, with a certificate stating the duration of my employment, the nature of the work performed, the rate of wages paid[, and the reason for termination of my contract]; 3. you confirm receipt of this letter in writing. I am available to discuss the handover of my duties and responsibilities during my notice period. Thank you for the opportunity to have worked with [name of employer]. Yours sincerely, [Employee's signature] [Employee's full name]
Fill in the notice period and last working day according to the terms of your contract, any applicable collective agreement and your probationary status; delete the bracketed options that do not apply, in particular regarding the request for the reason of termination.
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Frequently Asked Questions
The source material does not state an explicit statutory form requirement for resignation, but written notice is strongly recommended in practice, as it provides clear proof of the date and content of the notice given, which is essential if any dispute arises over the notice period or final entitlements.
This depends on your length of service, contract terms and any applicable collective agreement. The material relied upon here confirms specific probationary period lengths under article 36 of Chapter 452, but does not confirm the general statutory notice periods outside probation, so you should verify these directly in the current text of the Employment and Industrial Relations Act.
Probationary periods under article 36 of Chapter 452 are generally six months, or twelve months for certain higher-paid technical, executive, administrative or managerial employees, and different notice arrangements typically apply during probation; you should check the notice period specifically applicable to your probationary status.
Yes, under article 41 of Chapter 452, on termination of a contract of service lasting over one month, you are entitled, at your request, to a certificate stating the duration of employment, the nature of the work performed and the wages paid, and, if you wish, the reason for termination, save that the employer need not state the reason if termination occurred during probation.
Untaken leave is generally due to be paid out or taken during the notice period, but the exact statutory mechanism is not confirmed in the material relied upon here, so you should check the current provisions of the Employment and Industrial Relations Act or your collective agreement for the precise rules.
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This template is based on the Malta legislation in the Europaius corpus. Verify the current wording before use; this does not constitute legal advice. Legal Advisor · Europaius MT