The Full and Final Settlement Letter From HR To Employee is a crucial document used in Malta when concluding an employment relationship, whether through resignation, termination, or mutual agreement. It serves as a comprehensive record of the final settlement between the employer and employee, drafted in compliance with Malta's Employment and Industrial Relations Act (EIRA) and related employment legislation. The letter typically follows prior termination discussions or agreements and precedes the final payment of dues. It includes detailed breakdowns of all financial settlements, confirmation of company property returns, and mutual release clauses. This document is essential for ensuring legal compliance, preventing future disputes, and providing clear documentation of the employment conclusion for both parties' records. It must be carefully drafted to address all aspects of the employment relationship and ensure all legal requirements under Maltese law are met.
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1. Letter Header: Company letterhead, date, reference number, and recipient's details
2. Subject Line: Clear indication that this is a Full and Final Settlement letter
3. Opening Statement: Reference to previous communications and confirmation of employment termination date
4. Final Payment Details: Comprehensive breakdown of all final payments including salary, notice pay, unused leave, bonuses, and any other entitlements
5. Settlement Terms: Clear statement of the settlement being full and final, releasing both parties from further claims
6. Tax and Social Security: Confirmation of tax treatment and social security contributions on final payments
7. Company Property: List of company property to be returned and confirmation of returns already made
8. Closing Statement: Instructions for accepting the settlement and deadline for response
9. Signature Block: Space for HR representative's signature, name, and title
1. Non-Compete Reminder: Include when the employee's contract contains post-employment restrictions that remain in effect
2. Confidentiality Obligations: Include when emphasizing ongoing confidentiality requirements is necessary
3. Reference Provision: Include when specifying arrangements for future employment references
4. Outstanding Loans/Advances: Include when there are outstanding company loans or salary advances to be settled
5. Share Options/Benefits: Include when addressing the status of any share options or long-term benefits
6. Legal Review Rights: Include when offering time for legal consultation before acceptance
1. Schedule A - Payment Calculation: Detailed breakdown of all payment components including basic salary, benefits, deductions, and net amount
2. Schedule B - Company Property Checklist: Itemized list of company property to be returned with current status
3. Schedule C - Benefits Termination Schedule: Timeline and details of when various benefits and insurance coverage will cease
4. Appendix 1 - Bank Transfer Details: Company's bank details for returning any outstanding amounts, if applicable
5. Appendix 2 - Acknowledgment Form: Form for employee to sign accepting the settlement terms and conditions
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