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Employment Contracts
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Employment Contracts are  the tool which regulates the relationship between the employer and the employee is the employment contract, provided that the statutory requirements are respected. 

Indefinite Contract 
  • The most common form of contract used.
  • Unless specified otherwise, an employment contract is by default deemed to be indefinite.
  • Probation and Notice Periods are regulated by Chapter 452 of the Laws of Malta.
  • Can only be terminated for a reason valid at law or on the basis of redundancy.
  • Contestation of termination of employment must be brought before the Industrial Tribunal. 

Fixed-Term Contracts 
  • Employer must justify the reason for opting for a fixed term contract.
  • Contract has a fixed date or fixed purpose.
  • After 4 years of employment, such contract automatically becomes an indefinite contract.
  • Can be terminated for any reason however consequences differ from indefinite contracts
  • Contestation of termination of employment must be brought before the Industrial Tribunal. 

Reduced Hours 
  • Still considered to be full-time.
  • Usually by agreement with employer.
  • Usually a temporary measure.
  • Social security still due as per full time contract.
  • Pro-rata can only be calculated if there exists a basis of full-time work.
  • Standard tax rates 

Part Time 
  • No specific hours constitute part time work.
  • On a yearly average, cannot exceed full time hours.
  • Still entitled to all full-time benefits on a pro rata basis (leave, bonuses etc.)
  • Social Security not due, if paid on another main job or if hours do not exceed eight (8) hours per week.
  • Reduced tax rates
  • Can have another full-time job. 

Casual  Workers & Zero Hour Contracts 
  • Offers level of flexibility.
  • Popular with seasonal industries such as catering.
  • Hours are not specified.
  • Do not guarantee steady income and conditions of employment.
  • Not regulated in Malta so very often a pro rata approach is adopted in terms of benefits. 

Shift-Work 
  • Shift work is a working arrangement that comprises either non-day work (evening or night work) or weekend work or both.
  • Advantages:  Employees enjoy more free time during the day.
  • Possible for a worker to accumulate several days off in a row on a regular basis.
  •  Can effect biological functions of the body due to irregular routine;
  •  Sleep deprivation due to irregular sleep;
  •  Could lead to fatigue which can effect job productivity and work place accidents.
  •  Usually found in 24 hour operations such as transport and health.
  •  Legal definition - any method of organising work in shifts whereby  workers  succeed  each  other  at  the  same  work  stations according  to  a  certain  pattern,  including  a  rotating  pattern,  and which may be continuous or discontinuous, entailing the need for workers to work at different times over a given period of days or weeks.
  • Employer must still ensure a pattern of work.
  • Must keep record of night work which Director might request to ensure proper rest is being given. 

Telework 
  • Telework may be required as a condition of employment in an employment contract or resorted to by agreement, in the course of the employment relationship.
  • Must be in writing.
  • Must include provisions relating to:
  (i) location where telework is to be carried out;
  (ii) the  equipment  used  for telework (ownership, maintenance, liability and costs);
  (iii) the amount of working time to be spent at place of telework and at the workplace;
  (iv) schedule where applicable;
  (v)  the description of the work to be performed;
  (vi) the relevant department, superior and to whom to report;
  (vii) monitoring, if any;
  (viii) notice of termination of telework agreement; and
  (ix) when agreed upon in the course of the employment there must be a reference to the   right of reversibility by either party, (including the right of the teleworker to return to   his pre-telework post).
  • Can be refused by employee if not in employment contract. 

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  • About
  • Areas
    • Consumer Protection
    • Debt Collection
    • Employment and Industrial relations >
      • Employment Contracts
      • Unfair Dismissal
      • Surviving Clauses and Post-Termination Obligations
      • Employment Licence
    • Family Law >
      • Adoption
      • Divorce
      • Separation
      • Annulment
    • GDPR
    • Intellectual Property >
      • Trademark
      • Patents
    • Yachting
    • Litigation & Dispute Resolution
    • Real Estate >
      • Condominium
      • Property Law
      • Rent Law
      • Time Share
    • Residency & Visas >
      • Ordinary Residence
      • The Global Residence Programme
      • Visas
    • Succession
  • People
    • David Farrugia Sacco
    • Austin Gauci Maistre
    • Steven Farrugia Sacco
    • Robert Gauci Maistre
    • Jean Carl Abela
  • News
  • Contact