A contract of employment is a verbal or written agreement in which a person agrees to provide service to, or to do work for, an employer in return of wages. As a result, even if, an employee, is never given a written copy of the contract of employment, the employee and employer still have a legal and enforceable verbal agreement. It is, however, always preferable to have a written contract of employment.
Ideally, the employer should provide the contract of employment, however, if it is not provided within a few days of starting work, an employee should request a written contract.
If no contract has yet been written or signed, the employer is bound to send to the employee, a letter of engagement or a signed statement, but not later than eight working days from the commencement of employment. On the other hand, if a written contract of employment has been signed between both parties, the employer is bound to deliver to the employee a signed copy of the agreement by not later than eight working days from the date of the contract.
A work contract should ensure that the statutory conditions of employment are followed, i.e. that the contract conditions abide by the law on employment. While certain employment conditions are strictly regulated by law, other conditions are entirely up to the employer and the employee to agree on, as long as they are also considered objectively reasonable.
The law seeks to protect the employee, as conditions in the contract of employment which are less favourable to the employee than those established by law or regulations shall not be enforceable, and such conditions in the contract of employment shall be replaced by those conditions specified under the law.
The employer is required to provide you with a signed statement (in the absence of a written contract) or a contract of employment that includes the following information:
The above is to be provided to the employee by the employer within eight working days from the commencement of the employment.
If employment contracts are silent on certain minimum working conditions or duties of both the employer and the employee, as defined by Maltese law, such minimum conditions will be deemed implied in the employment contract.
Though an employment contract may be altered after its conclusion, any changes made may only be effected with the consent of both the employer and the employee.
If case of changes to an employment contract, the employer is required to notify you, as an employee, of the relevant changes by means of a signed statement delivered to you no later than eight working days after the changes take effect.
If such amendments are agreed to in writing between the parties in the form of an addendum to the original employment contract, a signed copy of such addendum must also be delivered to you within the eight-working-day period.
Any amendment or modification to employment conditions as a result of a change in any applicable
laws, regulations, or collective agreement does not require the employer to notify the employee as previously stated.
However, an employer is exempt from notifying you about amendments to employment conditions resulting from a change in any applicable laws, regulations or collective agreements. Nevertheless, your employer should maintain an open and regular channel of communication with you on any legislative or regulatory developments that may affect your employment.
At Empleo, we understand employment law and work hard to get the best results for our clients. We provide legal advice to employees on all matters outlined above, including advice on the legal nature, formalities and implications of employment contracts, as well as assistance in the 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.