Malta has enacted the EU Directive concerning transparent and predictable working conditions, which aims to standardise the information that employers must provide to employees regarding essential aspects of the employment relationship and conditions. This directive is designed to promote greater transparency and safety within the workplace.
In Malta, statutory employment conditions must be adhered to, meaning that specific employment terms are strictly regulated by law. Conversely, other conditions may be agreed upon by the parties involved, provided they are objectively reasonable. This article examines the key components that must be incorporated into an employment contract in accordance with Maltese legislation.
If the duration of employment exceeds one month and the employee's working hours surpass eight hours per week, the employer is obligated to provide the employee, within seven calendar days from the initiation of employment, either with a written employment contract or a written statement of minimum conditions.
Essential Elements Employers Must Address in Malta
1. Basic Information: Employers are required to provide employees with information pertaining to the fundamental aspects of the employment relationship, including details about the employer and the workplace.
2. Job Description and Employment Dates: A comprehensive description of the employee's role, alongside the contract's commencement and conclusion dates, is essential.
3. Probation and Training: The inclusion of information regarding any probationary period and training entitlements is crucial.
4. Leave Entitlements: Employees are entitled to various forms of paid leave, and these should be explicitly outlined within the contract.
5. Termination Procedures: The contract must specify the procedures for terminating employment, including notice periods and methods.
6. Remuneration and Working Hours: Details concerning basic salary, overtime, and the organisation of working hours should be included.
7. Unpredictable Work Patterns: Where applicable, the contract should address any variability in work patterns and the associated details.
8. Collective Agreements and Social Security: References to relevant collective agreements and social security institutions must also be mentioned.
While these elements encompass the core requirements for employment contracts, the drafting of a compliant and comprehensive contract in Malta involves additional nuanced considerations. To ensure that employment contracts fully comply with Maltese law and cover all necessary aspects, it is advisable to seek professional assistance.
How We Can Assist
Understanding the fundamental elements of an employment contract is imperative for employers in Malta who aspire to cultivate a skilled workforce. Ensuring compliance with local regulations not only nurtures a fair working environment but also protects the interests of both employers and employees.
At AIMS International Malta, we extend our services beyond executive search, talent acquisition, and recruitment to offer tailored advice to employers regarding best practices for employment contracts through our associated company. Our expertise in the Maltese job market enables us to guide employers in formulating contracts that attract and retain top talent while ensuring adherence to local regulations.
Whether recruiting for positions in Finance, Accounting, Legal, Compliance, Operations, Technology, or Professional Services, our team is committed to supporting you throughout the entire process. From identifying suitable candidates to advising on employment terms, we strive to help you construct and retain a robust and compliant workforce.
By partnering with AIMS International Malta, employers can navigate the complexities associated with employment contracts with assurance, thereby fostering a positive and productive relationship with their employees. Contact us today to learn more about how we may assist you in achieving your talent acquisition, recruitment and HR objectives.
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