A contract of employment is an agreement – whether oral or in writing and which may take any form – whereby a person binds himself to render service to, or conduct work for, an employer, in return for wages.
Although an employment contract may be verbal, we strongly advise employers to formalise their employment relationships with their employees in writing, in the form of a written contract of employment signed by the employer and each employee and which clearly sets out the applicable employment terms between the parties.
Where a written contract of employment has been signed between the employer and the employee, the employer must deliver to the employee a signed copy of such agreement by not later than eight working days from the date of the contract in terms of Subsidiary Legislation 452.83 of the Laws of Malta.
In those cases where no such written contract of employment has been signed, the employer is bound to give the employee a letter of engagement or a signed statement by not later than eight working days from the commencement of the employment relationship, in order to record the principal employment terms. In the case of any employee required to work outside Malta for a period exceeding one month, the said documents must be in the employee’s possession before departure from Malta.
Any such written contract of employment or letter of engagement or signed statement must set out certain information relating to the employment relationship, which shall include the following details:
If any of the above information is regulated by any law, regulation, national standard order, sectoral regulation order or collective agreement, the information may be given in the form of a reference to the laws, regulations, orders or collective agreements governing that same information.
Insofar as an employment contract is an agreement between two parties, any changes to an employment contract may only be effected with the consent of both the employer and the employee.
If the details or the conditions of employment are amended or modified as aforesaid, the employer is required to notify the employee of the relevant changes by means of a signed statement which must be delivered to the employee by not later than eight working days from the date when the changes come into effect.
If any such amendments are agreed in writing between the parties in the form of an addendum to the original employment contract, a signed copy of such addendum should likewise be delivered to the employee within the said eight working day period.
Amendments to employment conditions resulting from a change in any applicable laws, regulations or collective agreement, need not be notified by the employer to the employee as aforesaid. Nevertheless, we strongly advise employers to maintain an open and regular channel of communication with their employees on any legislative or regulatory developments that may affect their employment.
At Empleo, we provide legal advice to employers on all matters outlined above, including advice on the legal nature, formalities and implications of employment contracts, as well as assistance in the preparation or review of employment contracts.
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.