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Mariella Baldacchino
April 11, 2024
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An employment contract is the essential basis of a good relationship between the employee and the employer. It will set out the employee’s rights and obligations so that both employee and employer understand exactly what is expected from the employment relationship. Having the right employment contract in place will go a long way to avoiding misunderstandings and disagreements in the future.
At Empleo, we have experience in reviewing and negotiating complex employment contracts. We can make sure that employees understand the implications of signing and that their interests are protected as far as possible.
We can negotiate with the employer on the employee’s behalf to ensure that the employee receives the best deal possible and that all of the benefits expected to be received are included, negotiating things such as salary and benefits, such as paid time off, health insurance and flexible hours.
In negotiations, the employees are entering into a preliminary dialogue to evaluate the employee’s fit for the position and what the employee will get in return. This is a two-way exercise, as the potential employer is in the same position, evaluating how the employee will fit into their company culture, day-to-day operations and overall strategy.
Negotiations usually occur in four stages: preparation, drafting, negotiation and conclusion.
In the first stage, Empleo will help employees gather information about the employer, salary, relevant benefits, vacation and contract terms such as non-disclosure agreements. This will give the employee a clear picture on what the employee considers important and what the employee can be flexible about and can reach compromise with the employer.
The draft contract should generally be presented to employee by the potential employer providing certain terms and conditions within the contract. Some employment contracts are generally standard without the need to change much however an employee may consider other items that are important and terms that may need to be avoided. At this stage of negotiation, the process is a collaborative one and may be key in ensuring that employees terms are agreed to by the employer, as long as these are reasonable and within acceptable standards.
In the final stage, an agreement is reached, signed by both agreeing parties who are equally bound by the law to fulfil such a contract. The importance of drafting a good contract must not be underestimated, as the employee’s future employment will determine a good portion of your life.
At Empleo we believe that having a lawyer looking over your employment contract, reviewing the provisions and terms, amending terms that may be invalid or could become unenforceable in the courts, guarantees a successful employment contract negotiation.
Some of our services in this area include the following:
You may get in touch with us here to request an initial free legal consultation in relation to any of the matters outlined above.
Mariella graduated from the University of Malta with a doctorate in law in 2005. She completed a master’s degree in ‘European Private Law’ from the La Sapienza, University of Rome, and was admitted to the bar in Malta in 2006.
Mariella is a people person – and it is this attribute which has really characterised and shaped her career.
Over the years, she headed the legal departments of several corporate services firms. Due to her skillset, she was also entrusted with managing and overseeing operations and human resources, where she gained technical and practical experience in various corporate, commercial and employment matters.
Her practical hands-on experience and insight perfectly complement Mariella’s technical knowledge of employment law, thus placing her in an ideal position to understand and advise employers and employees alike on various matters that may arise at the workplace.
Mariella is passionate about employment law matters and provides her clients with the highest-quality legal service to achieve the best possible outcome and resolve any employment law related issues and concerns.
Bradley graduated Doctor of Laws from the University of Malta in 2005 and was admitted to the Bar in Malta in 2006. He advises clients on various corporate, commercial, employment and regulatory matters, with particular focus on company and financial services law.
He has assisted clients in various corporate and commercial matters by providing company law advice and assisting in the implementation of corporate finance, restructuring, mergers and acquisitions and similar transactions.
Bradley has also advised and assisted investment funds, fund managers and other investment services providers, banks and financial institutions, on various legal and regulatory matters relating to the setting up, authorisation and ongoing conduct of their activities in Malta.
His practice also covers general employment law matters. Bradley’s experience in company and financial services law enables him to focus on various corporate and regulatory aspects of employment relationships. In particular, he advises organisations on the implementation of employee share option and participation schemes, the implications of business transfers on employment relationships, as well as relations with senior employees.
Karl graduated Doctor of Laws from the University of Malta in 2005 and was admitted to the Bar in Malta in 2006.
Karl has gained considerable expertise in technology law and regularly assists clients in relation to intellectual property issues, commercial contracts and ways to ensure compliance with the General Data Protection Regulation (GDPR) and privacy laws. Whilst such matters used to be only given incidental importance when dealing with employment matters, they are now widely acknowledged to be vital in all employment relationships.
He is also regularly engaged by C-level executives to assist in negotiating employment contracts and settlement agreements.
Karl advises across a multitude of industries including technology; marketing; adtech; financial services; gaming; esports; consumer products; and media and telecommunications.
