Termination of Employment

Conditions of Termination of Employment in Malta

Indefinite Contract of Service Notice Periods for full-timers and part-timers

Notice Periods for full-time and part-time employees

Employed for more than Employed 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

In the case of technical, administrative, executive or managerial posts, the above notice periods may be superseded and the employee and the employer may agree to longer notice periods  Notice Periods for technical, administrative, executive or managerial posts

Fixed Term Contract Notice Periods

Notice Periods for full-time and part-time employees

Employed for more than Employed for not more than Notice period entitled
one day one month
one month one week

Termination of Employment of Employees on an Indefinite Contract of Service

Probation 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.
  • No notice period is to be given to employees on probation, working less than one month with the same employer.

Termination Conditions

  • Termination of employment by employee requires no reason.
  • Notice of termination of employment may not be given during maternity leave or the period of five weeks following the end of the maternity leave when the whole-time female employee is incapable for work owing to a pathological condition arising out of confinement.
  • 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.
  • 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 of Employees on a Fixed Term Contract

    Probation Conditions

    • No reason for termination of employment is required during a probationary period of employment.

    Termination 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.
    • Last in/first out rules shall apply to employees made redundant, yet this rule applies when employees are in the same category employees.     

    Employer receives Notice from Employee

    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

    Employee receives Notice from Employer

    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

    Job Vacancy

    Full-Time Salesperson

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    Square-Foodstuffs Limited

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