Contract of Employment
Template contract of employment for Malta. The Employment and Industrial Relations Act (Cap. 452) and its subsidiary legislation set minimum standards that a contract cannot lower: under the Transparent and Predictable Working Conditions Regulations (S.L. 452.126) the employer must give the contract and the essential information by the seventh calendar day of employment; the probationary period is six months, twelve months for technical, executive, administrative or managerial staff earning at least double the national minimum wage, and proportionately shorter on fixed-term contracts (article 36); after probation an indefinite contract can be ended by the employer only for redundancy or a good and sufficient cause, with the notice in article 36(5).
Contract of Employment
CONTRACT OF EMPLOYMENT
THE EMPLOYER: [company name], registration No. [number], of [registered address], hereinafter the "Employer".
THE EMPLOYEE: [full name], holder of identity card No. [number], of [address], hereinafter the "Employee".
1. POSITION AND DUTIES
The Employer engages the Employee in the position of [job title]. The Employee's main duties are: [description of duties]. The place of work is [address].
2. COMMENCEMENT AND DURATION
Employment commences on [date]. This contract is for [an indefinite period / a fixed term ending on [date]]. The probationary period is [six (6) months / twelve (12) months for a technical, executive, administrative or managerial post with a wage of at least double the national minimum wage / for a fixed-term contract, the proportionate period under article 36(1a) of the Employment and Industrial Relations Act]. During probation either party may terminate the employment without giving reasons; after one month of service, one week's notice is due.
3. HOURS OF WORK
Normal working hours are [number] hours per week, worked as [schedule]. Any overtime shall be compensated in accordance with the applicable law and any applicable wage regulation order.
4. WAGES
The Employee shall be paid a [gross] wage of [amount] EUR per [hour / week / month], payable [weekly / monthly] by bank transfer. The wage shall not be less than the applicable national minimum wage.
5. LEAVE
The Employee is entitled to paid annual leave, sick leave and other leave as provided by the Employment and Industrial Relations Act and subsidiary legislation.
6. STATUTORY BONUSES
The Employee is entitled to the statutory bonuses and income supplements payable under Maltese law.
7. TERMINATION
Termination of employment, notice periods and, in the case of a fixed-term contract, the consequences of early termination shall be governed by the Employment and Industrial Relations Act. After probation the Employer may terminate an indefinite contract only on grounds of redundancy or for a good and sufficient cause; the Employee may resign without giving reasons. Notice is that set out in article 36(5) of the Act: one week after one month of service, two weeks after six months, four weeks after two years, eight weeks after four years, plus one week for each further year after seven years, up to twelve weeks.
8. CONFIDENTIALITY
The Employee shall keep confidential all trade secrets and confidential information of the Employer during and after the employment.
9. GOVERNING LAW
This contract is governed by the laws of Malta. Any condition less favourable to the Employee than the minimum standards laid down by law shall be null and replaced by those standards.
Signed in duplicate at [place], on [date].
The Employer: ______________________ The Employee: ______________________
Legal basis
Frequently asked questions
When must the employer give me a written contract in Malta?
The Transparent and Predictable Working Conditions Regulations (S.L. 452.126) require the contract and the essential information (parties, place of work, job, start date, pay, hours, leave, notice) to be given between the first working day and the seventh calendar day. The remaining information must follow within one month.
How long can the probation period be?
Six months as a rule. Workers in technical, executive, administrative or managerial posts earning at least double the national minimum wage are on probation for twelve months. On fixed-term contracts probation is proportionate: two months per six months of contract, one third of the term if it is shorter than six months (article 36 of Cap. 452).
What notice is required to end an indefinite contract?
Article 36(5) of Cap. 452 sets the minimum notice by length of service: one week after one month, two weeks after six months, four weeks after two years, eight weeks after four years, then one extra week per year after seven years, up to twelve weeks. Longer notice may be agreed for managerial and technical posts.