The Employment Agreement Form serves as a foundational document for establishing employment relationships in Malta, ensuring compliance with the Employment and Industrial Relations Act and related legislation. This agreement is essential for any employer operating in Malta, whether a local company or an international organization with Maltese operations. It should be used when hiring new employees or updating existing employment terms to ensure compliance with current legislation. The document covers all mandatory elements required under Maltese law, including detailed terms of employment, remuneration, working hours, leave entitlements, and termination provisions. It also addresses modern workplace considerations such as data protection, remote working options, and intellectual property rights where applicable. The agreement is designed to protect both employer and employee interests while maintaining compliance with Malta's robust employment law framework and EU 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 agreement
4. Position and Duties: Job title, role description, and main responsibilities of the employee
5. Commencement and Duration: Start date, type of contract (indefinite/fixed-term), and if applicable, duration
6. Probationary Period: Length and terms of the probationary period as per Maltese law
7. Place of Work: Primary workplace location and any mobility requirements
8. Working Hours: Standard working hours, overtime arrangements, and rest periods
9. Remuneration: Salary, payment frequency, and method of payment
10. Leave Entitlements: Annual leave, sick leave, and other statutory leave entitlements
11. Benefits: Statutory and additional benefits provided by the employer
12. Confidentiality: Obligations regarding confidential information and trade secrets
13. Data Protection: Handling of personal data in compliance with GDPR and local laws
14. Notice Period: Required notice periods for termination by either party
15. Termination: Grounds and procedures for contract termination
16. Governing Law: Specification of Maltese law as governing law
17. Entire Agreement: Standard clause confirming this document as the complete agreement
1. Remote Working: Terms for remote work arrangements, if applicable
2. Non-Compete: Post-employment restrictions on working for competitors, if required
3. Intellectual Property: IP rights assignment for work created during employment, relevant for creative/technical roles
4. Commission Structure: Details of commission or bonus schemes for sales/performance-based roles
5. International Travel: Terms for international travel and overseas work, if required
6. Training Requirements: Mandatory training and professional development obligations
7. Company Car: Terms related to company vehicle usage if provided
8. Share Options: Details of any share option or equity participation schemes
9. Flexible Working: Terms for flexible working arrangements if offered
1. Schedule 1 - Job Description: Detailed description of role, responsibilities, and reporting lines
2. Schedule 2 - Remuneration Details: Detailed breakdown of salary components and benefits
3. Schedule 3 - Company Policies: Key company policies that form part of the employment terms
4. Schedule 4 - Bonus Scheme Rules: Detailed rules and calculations for any applicable bonus schemes
5. Appendix A - Code of Conduct: Company's code of conduct and ethical standards
6. Appendix B - IT Policy: Rules regarding use of company IT systems and equipment
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