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Domestic Contract Template for Malta

A Domestic Contract under Maltese law is a formal employment agreement between a private employer and a domestic worker, governed by the Maltese Civil Code (Chapter 16) and the Employment and Industrial Relations Act. This document establishes the terms and conditions of domestic employment, including duties, compensation, working hours, leave entitlements, and other essential aspects of the working relationship. The contract ensures compliance with Maltese labor laws while protecting both the employer's and employee's interests in a domestic work setting.

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What is a Domestic Contract?

The Domestic Contract is essential for formalizing employment relationships in private household settings under Maltese law. This document is typically used when engaging domestic workers for various household duties, including cleaning, cooking, childcare, elderly care, or general household management. The contract ensures compliance with Malta's employment legislation, particularly the Employment and Industrial Relations Act and specific Domestic Service Workers Regulations. It provides clear terms regarding duties, compensation, working hours, leave entitlements, and living arrangements (if applicable), while protecting both parties' rights and obligations. This type of agreement is crucial for establishing legal clarity and preventing potential disputes in domestic employment relationships.

What sections should be included in a Domestic Contract?

1. Parties: Identification and details of the employer and the domestic worker

2. Background: Brief context of the agreement and the need for domestic services

3. Definitions: Key terms used throughout the agreement

4. Scope of Services: Detailed description of duties and responsibilities of the domestic worker

5. Term and Hours of Work: Duration of employment, working hours, rest periods, and public holidays

6. Remuneration: Salary, payment schedule, and any additional benefits

7. Leave Entitlement: Annual leave, sick leave, and other permitted absences

8. Accommodation and Meals: Details of live-in arrangements if applicable and meal provisions

9. Health and Safety: Safety measures and responsibilities of both parties

10. Confidentiality: Protection of employer's private information and household matters

11. Termination: Conditions and procedures for ending the employment relationship

12. Governing Law: Confirmation of Maltese law as governing law and jurisdiction

What sections are optional to include in a Domestic Contract?

1. Probationary Period: Terms of initial trial period, if applicable

2. Travel Requirements: Include when the role involves accompanying employer on travels

3. Child Care Responsibilities: Specific section when the role involves caring for children

4. Elderly Care Responsibilities: Specific section when the role involves caring for elderly persons

5. Pet Care Duties: Include when the role involves pet care responsibilities

6. Use of Vehicle: Terms for use of employer's vehicle if required for duties

7. Insurance Coverage: Special insurance arrangements beyond statutory requirements

8. Performance Review: Process for periodic performance evaluation and salary review

What schedules should be included in a Domestic Contract?

1. Schedule 1 - Detailed Duties: Comprehensive list of specific tasks and responsibilities

2. Schedule 2 - Work Schedule: Detailed weekly/monthly work roster including specific hours

3. Schedule 3 - Salary and Benefits: Detailed breakdown of compensation package

4. Schedule 4 - House Rules: Specific household protocols and requirements

5. Appendix A - Emergency Contacts: List of emergency contacts and procedures

6. Appendix B - Inventory: List of any equipment or items provided to the worker

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Malta

Document Type

Cost

Free to use

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