This Individual Contract template is designed for use in establishing employment relationships within Malta's jurisdiction, complying with the Employment and Industrial Relations Act (EIRA) and related legislation. It serves as the primary document for formalizing employment terms between an organization and individual employees, incorporating all mandatory provisions required by Maltese law while maintaining adaptability for various industries and roles. The contract should be used when hiring new employees or updating existing employment terms in Malta, ensuring compliance with both local and EU regulations. It includes essential provisions for employment terms, remuneration, working hours, leave entitlements, data protection, and termination conditions, while allowing for customization based on specific role requirements and company policies.
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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: Key terms used throughout the contract
4. Position and Duties: Job title, role description, and main responsibilities
5. Commencement and Duration: Start date and type of contract (indefinite or fixed-term)
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: Normal working hours, breaks, 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. Data Protection: Handling of personal data in compliance with GDPR and local laws
12. Confidentiality: Obligations regarding company confidential information
13. Termination: Notice periods and grounds for termination
14. Governing Law: Confirmation of Maltese law as governing law
15. Entire Agreement: Standard clause confirming this is the complete agreement between parties
1. Bonus and Commission: Include when the role includes variable compensation
2. Remote Working: Include when the role allows for remote work arrangements
3. International Travel: Include for roles requiring international travel
4. Non-Compete: Include for senior positions or roles with access to sensitive information
5. Intellectual Property: Include for creative or technical roles where IP creation is expected
6. Company Car: Include when a company car is provided
7. Training Requirements: Include when specific training or qualifications are required
8. Share Options: Include when employee is eligible for share options or similar schemes
9. Flexible Working: Include when flexible working arrangements are permitted
10. Additional Benefits: Include when providing health insurance, gym membership, etc.
1. Schedule 1 - Job Description: Detailed description of role, responsibilities, and reporting lines
2. Schedule 2 - Compensation Details: Breakdown of salary components and benefits
3. Schedule 3 - Company Policies: List of applicable company policies and procedures
4. Schedule 4 - Code of Conduct: Company's code of conduct and ethical guidelines
5. Appendix A - Data Protection Policy: Detailed data protection and privacy policies
6. Appendix B - IT Usage Policy: Rules and guidelines for using company IT systems
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