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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