Employment and termination conditions FAQs - Index

 Conditions on termination of employment
      - Probation conditions (indefinite contracts)
      - Notice conditions (indefinite contracts)
      - Notice conditions (definite contracts)

 Notice periods

 Notice money

 Calculating Bonus and Weekly Allowance on employee termination

 Calculating Leave entitlement on employee termination

 Collective redundancies regulations

 Relevant employee termination documents

   ETC 103 - ETC Employee Termination form
  Certificate of termination of employment (Min. requirements)

Termination of Employment in Malta
Conditions on termination of employment on an indefinite contract of service Probation conditions and Notice conditions

• Probation period shall be the first six months of employment or as otherwise agreed for a shorter period. Other conditions apply for special categories of employees e.g. technical, managerial, administrative etc. for which probation period may be extended to one year when salary is double  the minimum wage.
• No reason for termination of employment is required during a probationary period of employment.
• Termination of employment by employee requires no reason.
• For the purpose of determining the notice period entitlement this is calculated on the employee's continuous length of service.
• The period of notice shall commence from the working day following the day on which the notice is delivered.
• No notice period is to be given to employees on probation, working less than one month with the same employer.
• The employer may terminate employment of an employee on grounds of redundancy and the employee is entitled to the stipulated notice period.  Employee is entitled to reemployment on same conditions in the same post, if the post becomes available within a period of one year from date of termination.  Termination of employment on ground of redundancy shall be made on a last-in-first-out basis in the class of employment affected by such redundancy. (Special conditions apply to persons in employment who are related to the employer not being a company or a statutory body).
• Employer may not give any notice period or notice money to his employee if there is good and sufficient cause for dismissal.  Employee may not work any notice period or pay any notice money if there is good and sufficient cause for abandonment of service.  (Certain conditions apply).

Termination of Employment in Malta
Conditions on termination of employment on a definite contract of service
Notice conditions

• An employee or employer terminating a fixed term definite contract of employment without a good and sufficient cause shall be liable to pay the other party a sum equivalent to half the full wages payable had the contract remained in force for the period from the breach of contract to the remainder of the originally agreed fixed term of the contract.

 Termination of Employment in Malta
Notice Periods for full-time and part-time employees

For employees under an indefinite contract of service after probation period elapses

Worked for more than

Worked for not more than

Notice period entitled

one day

one month

-

one month

six months

one week

six months

two years

two weeks

two years

four years

four weeks

four years

seven years

eight weeks

seven years

eight years

nine weeks

eight years

nine years

ten weeks

nine years

ten years

eleven weeks

ten years

-

twelve weeks

Termination of Employment in Malta
Notice Money

How to deal with notice money when
Employer receives notice from Employee

Conditions

Notice to be worked?

Notice Money to be paid?

Employer allows employee to work notice

 Yes, in full

No, only normal wages

Employer does not allow employee to work full notice period

Yes, up to date specified by employer

Yes, by employer equivalent to full wage up to end of the unexpired notice period

Employee does not want to work full notice period

Yes, up to date specified by employee

Yes, by employee equivalent to half of his wage up to end of the unexpired notice period

How to deal with notice money when
Employee receives notice from Employer

Conditions

Notice to be worked?

Notice Money to be paid?

Employee decides to work notice

 Yes, in full

No, only normal wages

Employer does not allow employee to work full notice period

Yes, up to date specified by employer

Yes, by employer equivalent to full wage up to end of the unexpired notice period

Employee does not want to work full notice period

Yes, up to date specified by employee

Yes, by employer equivalent to half of his wage up to end of the unexpired notice period

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