This Contract Between Employer And Employee serves as a fundamental legal document for establishing employment relationships in Malta. It is designed to comply with the Employment and Industrial Relations Act (EIRA), relevant EU directives, and other applicable Maltese employment legislation. The document should be used when hiring new employees or formalizing existing employment relationships in Malta, ensuring all statutory requirements are met while protecting both employer and employee interests. It includes essential provisions required by Maltese law such as probationary periods, working time arrangements, leave entitlements, and notice periods, while allowing customization for specific roles and industries. The contract template is structured to accommodate various employment scenarios, from standard full-time positions to specialized roles, and can be adapted for different seniority levels while maintaining compliance with Maltese employment regulations.
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1. Parties: Identification of the employer and employee with full legal names and addresses
2. Background: Brief context of the employment relationship and purpose of the agreement
3. Definitions: Definitions of key terms used throughout the contract
4. Appointment and Term: Position title, employment status (permanent/fixed-term), and commencement date
5. Duties and Responsibilities: Detailed description of the employee's role, responsibilities, and reporting structure
6. Place of Work: Primary workplace location and any flexibility arrangements
7. Working Hours: Standard working hours, breaks, and overtime arrangements in compliance with Maltese regulations
8. Remuneration: Base salary, payment frequency, and method of payment
9. Leave Entitlements: Annual leave, sick leave, and other statutory leave entitlements
10. Probationary Period: Duration and terms of the probationary period
11. Confidentiality: Obligations regarding company confidential information
12. Data Protection: Handling of personal data in compliance with GDPR and Maltese law
13. Health and Safety: Workplace safety obligations and compliance requirements
14. Termination: Notice periods and grounds for contract termination
15. Governing Law: Confirmation of Maltese law as governing law and jurisdiction
1. Bonus and Commission: Details of any performance-based compensation schemes
2. Remote Working: Terms for remote work arrangements, if applicable
3. Non-Competition: Post-employment restrictions on working with competitors
4. Non-Solicitation: Restrictions on soliciting clients or employees post-employment
5. Company Property: Rules regarding use and return of company equipment
6. Training: Professional development and training obligations
7. Benefits: Additional benefits such as health insurance or company car
8. Intellectual Property: Ownership of work created during employment
9. Mobility Clause: Terms regarding potential workplace relocation
10. Garden Leave: Provisions for garden leave during notice period
1. Schedule 1 - Job Description: Detailed description of role, responsibilities, and requirements
2. Schedule 2 - Remuneration Package: Detailed breakdown of salary components and benefits
3. Schedule 3 - Company Policies: Reference to applicable company policies and procedures
4. Schedule 4 - Confidential Information: Specific details of what constitutes confidential information
5. Appendix A - Data Protection Notice: Detailed information about personal data processing
6. Appendix B - Health and Safety Guidelines: Specific workplace safety procedures and requirements
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