Template contract of employment between an employer and an employee in Malta. The employment relationship is governed by the Employment and Industrial Relations Act (Chapter 452) and its subsidiary legislation, which set minimum standards on written particulars, wages, working time, leave and termination that the parties cannot contract out of to the employee's detriment.
📄 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 [number] months, during which either party may terminate in accordance with the law.
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. An indefinite contract may be terminated by either party by giving the statutory notice.
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: ______________________
Frequently asked questions
Must the employee be given written particulars of employment?
Yes. The Employment and Industrial Relations Act requires the employer to give the employee a written statement of the main conditions of employment within the period fixed by law.
Can the contract pay less than the minimum wage?
No. Any wage below the applicable national minimum wage or any wage regulation order is unlawful; the statutory minimum applies regardless of what the contract states.
What notice is required to terminate the employment?
Notice periods depend on the type of contract and the length of service and are fixed by the Employment and Industrial Relations Act; different rules apply to fixed-term and indefinite contracts.