This Overseas Employment Contract is essential for companies based in or operating through Malta that engage employees for work in foreign jurisdictions. The document is structured to comply with Maltese employment law while accommodating international employment requirements. It should be used when establishing formal employment relationships involving cross-border work arrangements, whether for Maltese companies sending employees abroad or foreign companies employing staff through Malta. The contract includes comprehensive provisions covering employment terms, international benefits, tax considerations, social security arrangements, and specific protections required under Maltese law. It is particularly relevant for Malta's growing international business sector and companies leveraging Malta's strategic position as a business hub in the European Union.
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1. Parties: Identification of the employer and employee, including full legal names, addresses, and registration/identification numbers
2. Background: Context of the employment relationship, including the basis for overseas employment
3. Definitions: Key terms used throughout the contract, including specific overseas employment terminology
4. Position and Duties: Job title, role description, responsibilities, and reporting relationships
5. Place of Work: Primary work location, overseas posting details, and any mobility requirements
6. Duration of Employment: Contract term, including start date, end date if fixed-term, and any probationary period
7. Remuneration: Base salary, currency, payment method, frequency, and exchange rate provisions
8. Working Hours: Standard working hours, overtime provisions, and time zone considerations
9. Leave Entitlements: Annual leave, public holidays (both home and host country), sick leave, and other leave types
10. Benefits and Allowances: Overseas-specific benefits, housing, transportation, relocation assistance, and other allowances
11. Tax and Social Security: Tax obligations, social security arrangements, and related administrative responsibilities
12. Insurance Coverage: Health insurance, travel insurance, and other required coverage
13. Expenses: Business expense reimbursement policy and procedures
14. Termination: Notice periods, grounds for termination, and repatriation provisions
15. Governing Law: Confirmation of Maltese law governance and jurisdiction
16. Data Protection: Handling of personal data under relevant data protection laws
17. Signatures: Execution clause and signature blocks for all parties
1. Secondment Terms: Used when the arrangement is a secondment rather than direct employment, detailing relationship with home entity
2. Commission Structure: Include when role includes commission-based compensation
3. Intellectual Property: Required for roles involving creative work or innovation
4. Non-Competition: Include for senior roles or when dealing with sensitive business information
5. Language Requirements: Include when specific language skills are essential for the role
6. Training Requirements: Used when specific training or qualifications are required for the role
7. Emergency Procedures: Include for high-risk locations or when required by company policy
8. Cultural Requirements: Include when working in locations with specific cultural considerations
1. Schedule 1 - Job Description: Detailed description of role, responsibilities, and performance expectations
2. Schedule 2 - Compensation Details: Breakdown of salary components, allowances, and benefits
3. Schedule 3 - Relocation Package: Details of relocation assistance and associated terms
4. Schedule 4 - Company Policies: Key company policies applicable to overseas employees
5. Appendix A - Required Documentation: List of required visas, permits, and other documentation
6. Appendix B - Emergency Contacts: List of emergency contacts in both home and host country
7. Appendix C - Benefits Summary: Detailed overview of all benefits and insurance coverage
8. Appendix D - Tax Summary: Overview of tax obligations and arrangements in both jurisdictions
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