The Employee Dismissal Letter is a crucial document used when formally terminating employment relationships in Malta. It must comply with the Employment and Industrial Relations Act (EIRA) and other relevant Maltese employment legislation, including EU directives applicable to Malta. This document is essential when ending employment for various reasons including poor performance, misconduct, redundancy, or other legitimate business reasons. The letter must clearly state the grounds for dismissal, notice period, final settlement details, and any other relevant information required by Maltese law. It serves as an official record of the termination and helps protect both employer and employee rights while ensuring proper documentation of the process. Special attention must be paid to notice periods, statutory requirements, and proper formatting to ensure legal compliance and minimize the risk of unfair dismissal claims.
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1. Letter Header: Company letterhead, date, reference number, and formal addressing of the employee with their full name and address
2. Subject Line: Clear indication that this is a termination of employment notice
3. Opening Statement: Direct statement confirming the termination of employment and reference to any prior discussions or warnings
4. Reason for Dismissal: Clear explanation of the grounds for termination, ensuring compliance with Maltese law
5. Effective Date: Specification of the last day of employment, including notice period details
6. Final Payment Details: Information about final salary, notice pay, and other entitlements
7. Company Property: Instructions regarding the return of company property and pending handover procedures
8. Confidentiality Reminder: Reminder of ongoing obligations regarding confidentiality and non-disclosure
9. Closing Statement: Professional conclusion including contact information for further queries
1. Garden Leave: To be included when the employee is not required to work during the notice period but will remain on payroll
2. Severance Package: Details of any additional compensation or benefits offered beyond statutory requirements
3. Performance Issues: To be included when dismissal is due to performance reasons, summarizing previous warnings and improvement attempts
4. Redundancy Details: To be included when dismissal is due to redundancy, explaining the business reasons
5. Appeal Rights: Information about the employee's right to appeal the dismissal decision, if applicable
6. Reference Provision: Information about the company's policy on providing future employment references
7. Non-Compete Reminder: If applicable, reminder of existing non-compete or restrictive covenant obligations
1. Final Settlement Calculation: Detailed breakdown of final payment including salary, notice pay, unused leave, and any other entitlements
2. Handover Checklist: List of company property to be returned and outstanding tasks to be completed
3. Previous Warning Letters: Copies of any formal warnings or performance improvement plans, if dismissal is performance-based
4. Exit Process Document: Checklist of administrative procedures for the employee's departure
5. Settlement Agreement: If applicable, formal agreement detailing any additional terms or payments agreed upon
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