Malta | Termination of Employment Conditions

Conditions of Termination of Employment in Malta

Notice Period

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

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In the case of technical, administrative, executive or managerial posts, the above notice periods may be superseded and the employee and the employer may agree to longer notice periods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

Probation & Termination

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.

Notice Money

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

The history of termination of employment rules in Malta can be traced back many years. These regulations require employers to provide written notice to employees prior to termination, as well as a valid reason for the termination. They also require employers to provide employees with the opportunity to appeal the decision through the Industrial Tribunal.

In addition to these legal protections, there are also a number of collective agreements in Malta that provide additional protections for workers in cases of termination. These agreements, which are negotiated between employers and trade unions, can provide for additional notice periods, severance pay, and other benefits for workers in cases of termination.

Overall, the history of termination of employment rules in Malta is characterised by a gradual expansion of legal protections for workers, as well as a growing emphasis on dispute resolution and collective bargaining as a means of protecting workers’ rights. Today, Malta has a well-established system of employment laws and regulations that provide significant protections for workers in cases of termination.