This New Employment Contract For Existing Employees is designed for use in situations where Maltese employers need to formalize or update employment terms with their current workforce. Common scenarios include corporate restructuring, role changes, or the need to standardize employment terms across the organization. The document ensures compliance with Malta's Employment and Industrial Relations Act while maintaining employees' acquired rights and service continuity. It includes all mandatory employment terms required by Maltese law, provisions for data protection under GDPR, and flexible sections that can be customized based on industry and role requirements. This template is particularly useful for companies updating their employment documentation to reflect current best practices or legislative changes in Malta.
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1. Parties: Identification of the employer and employee with full legal names and addresses
2. Background: Context of the existing employment relationship and reason for new contract
3. Definitions: Definitions of key terms used throughout the agreement
4. Duration of Employment: Confirmation of the continuing nature of employment and effective date of new contract
5. Role and Duties: Job title, description, duties, and reporting relationships
6. Place of Work: Primary workplace location and any mobility requirements
7. Working Hours: Standard working hours, breaks, and overtime arrangements
8. Remuneration: Salary, payment frequency, method of payment, and review process
9. Benefits: All employee benefits including insurance, allowances, and bonuses
10. Leave Entitlements: Annual leave, sick leave, and other statutory leave provisions
11. Confidentiality: Obligations regarding company confidential information
12. Data Protection: Handling of employee personal data and GDPR compliance
13. Company Policies: Reference to and incorporation of company policies
14. Disciplinary and Grievance Procedures: Procedures for handling workplace issues
15. Termination: Notice periods and grounds for termination
16. Governing Law: Confirmation of Maltese law as governing law
17. Entire Agreement: Integration clause and relationship to previous agreements
1. Remote Working Arrangements: Details of any remote working provisions and conditions, used when remote work is permitted
2. International Travel: Terms regarding international travel requirements, included when role involves travel
3. Commission Structure: Details of commission calculations and payments, used for sales or similar roles
4. Post-Employment Restrictions: Non-compete and non-solicitation clauses, used for senior or sensitive roles
5. Intellectual Property: IP creation and assignment provisions, used for creative or technical roles
6. Training Obligations: Specific training requirements and commitments, used when role requires specific qualifications
7. Company Car: Terms of company car provision, used when role includes vehicle benefit
8. Share Options: Details of any share option schemes, used when employee is eligible for equity participation
1. Schedule 1 - Job Description: Detailed description of role, responsibilities, and performance expectations
2. Schedule 2 - Remuneration Details: Comprehensive breakdown of salary components and benefits
3. Schedule 3 - Company Policies: List of applicable company policies and procedures
4. Schedule 4 - Benefits Summary: Detailed description of all benefits and eligibility conditions
5. Appendix A - Previous Service Recognition: Confirmation of continuous service dates and preserved benefits
6. Appendix B - Performance Bonus Scheme: Details of any applicable bonus or incentive schemes
7. Appendix C - Data Processing Notice: Detailed information about processing of employee personal data
8. Appendix D - Code of Conduct: Company's code of conduct and ethical guidelines
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