This Work Contract template is designed for use in establishing employment relationships within Malta's jurisdiction, ensuring compliance with the Employment and Industrial Relations Act (EIRA) and related legislation. The document serves as a foundational agreement between employers and employees, incorporating mandatory provisions required by Maltese law while maintaining adaptability for various employment scenarios. It includes essential terms regarding employment conditions, remuneration, working hours, and benefits, as well as specific clauses required by Maltese regulations. This template is particularly relevant for businesses operating in Malta or employing staff within the Maltese jurisdiction, and can be customized to accommodate different employment types while maintaining legal compliance with both local and EU employment 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 contract
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), and if fixed, the 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, schedule, and overtime arrangements
9. Remuneration: Salary, payment frequency, method of payment, and any bonuses or commissions
10. Leave Entitlements: Annual leave, sick leave, and other statutory leave entitlements
11. Health and Safety: Obligations regarding workplace safety and health regulations
12. Confidentiality: Requirements for maintaining confidentiality of company information
13. Data Protection: Handling of personal data in compliance with GDPR and local laws
14. Termination: Notice periods and grounds for termination
15. Governing Law: Specification of Maltese law as governing law
16. Entire Agreement: Standard clause confirming the contract represents the entire agreement
1. Remote Working: Include when the role involves regular remote work, specifying conditions and requirements
2. Non-Compete: Include for senior positions or roles with access to sensitive information, must comply with Maltese law restrictions
3. Intellectual Property: Include for creative or technical roles where IP creation is part of the job
4. Commission Structure: Include for sales roles or positions with performance-based compensation
5. International Travel: Include when role requires regular international travel
6. Training Requirements: Include when specific training or qualifications are required
7. Company Car: Include when a company car is provided as part of the package
8. Share Options: Include when employee is offered company shares or share options
9. Relocation Terms: Include when position involves relocation assistance
10. Language Requirements: Include when specific language skills are required for the role
1. Schedule 1 - Job Description: Detailed description of role, responsibilities, and reporting lines
2. Schedule 2 - Remuneration Details: Detailed breakdown of salary components, bonuses, and benefits
3. Schedule 3 - Company Policies: Reference to or summary of key company policies applicable to the employee
4. Schedule 4 - Benefit Plans: Details of any insurance, pension, or other benefit schemes
5. Appendix A - Code of Conduct: Company's code of conduct and ethical guidelines
6. Appendix B - IT Policy: Rules and guidelines for use of company IT systems and equipment
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