The Individual Employment Agreement serves as the foundational document establishing the employment relationship under Maltese law. This document is essential when hiring any employee in Malta, whether for indefinite or fixed-term positions, and must comply with the Employment and Industrial Relations Act (EIRA) and related regulations. It outlines crucial employment terms including role responsibilities, compensation, benefits, working hours, leave entitlements, and termination provisions. The agreement is designed to protect both parties' interests while ensuring compliance with Malta's employment legislation, including mandatory information requirements under S.L. 452.83 (Information to Employees 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: Key terms used throughout the agreement
4. Appointment and Term: Job title, employment status (indefinite/fixed-term), start date, and probationary period details
5. Duties and Responsibilities: Main duties, reporting lines, and general responsibilities of the position
6. Place of Work: Primary workplace location and any mobility requirements
7. Working Hours: Standard working hours, overtime arrangements, and flexible working provisions if applicable
8. Remuneration: Salary, payment frequency, deductions, and any variable pay elements
9. Benefits: Standard benefits package including insurance, allowances, and other perks
10. Leave Entitlements: Annual leave, sick leave, public holidays, and other statutory leave provisions
11. Confidentiality: Obligations regarding company confidential information
12. Data Protection: GDPR compliance and handling of employee personal data
13. Health and Safety: Health and safety obligations and responsibilities
14. Disciplinary and Grievance Procedures: Reference to company procedures for handling workplace issues
15. Termination: Notice periods and grounds for termination
16. Governing Law: Confirmation of Maltese law as governing law
1. Mobility Clause: Required when the role may involve travel or relocation
2. Commission Structure: For sales roles or positions with performance-based pay
3. Non-Compete: For senior positions or roles with access to sensitive information
4. Intellectual Property: For creative or technical roles where IP creation is part of the job
5. Remote Working: For positions allowing work from home or remote locations
6. Company Car: When a company vehicle is provided as part of the package
7. Share Options: For positions including participation in share schemes
8. Training Requirements: For roles requiring specific ongoing training or certifications
9. Collective Agreement: Reference to applicable collective agreement if the role is covered
1. Schedule 1 - Job Description: Detailed description of role, responsibilities, and requirements
2. Schedule 2 - Compensation Details: Breakdown of salary components, bonuses, 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 - 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
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