Court cannot fill in with evidence a party failed to produce
If a party fails to produce evidence on what it alleges, the court cannot uphold that request. This was held in a Court of Appeal…
CONTRACT OF EMPLOYMENT
What is a contract of employment?
- A contract of employment is a contract concluded between an employer and an employee outlining the conditions of work.
What should a contract of employment contain?
- the name, registration number and registered place of business of the employer and a legally valid identification document number, sex and address of the employee and the place of work. In the absence of a fixed place of work, it should be stated that the employee will be employed at various places together with the registered place of business. If there is no registered place of business, the domicile of the employer is to be stated;
- the date of commencement of employment;
- the probationary period;
- the normal rates of wages payable;
- the overtime rates of wages payable;
- the normal hours of work;
- the periodicity of wage payments;
- in the case of a fixed or definite contract of employment, the expected or agreed duration of the contract period;
- the paid holidays, and the vacation, sick and other leave to which the employee is entitled;
- the conditions under which fines may be imposed by the employer;
- the title, grade, nature or category of work for which the employee is employed;
- the notice periods to be observed by the employer and the employee should it be the case;
- the collective agreement, if any, governing the employee’s conditions of work; and any other relevant or applicable condition of employment;
- any other relevant or applicable condition of employment, whether agreed between the parties or otherwise required to be specified by any applicable law.
When should an employee be provided with a contract of employment?
- The contract of employment shall be provided to the employee during the period starting on the first working day and ending no later than the seventh calendar day of employment.
What are the types of employment contracts?
- Employment contracts can be definite or indefinite. The former means a fixed term contract wherein both parties usually agree on its duration, and thus incorporates an expiry date, and the latter is one wherein the employee is engaged in an employment for an indefinite period (without a limit). Excluding exceptional reasons, a fixed-term contract can be successively renewed up to a maximum period of four years after which the employee shall be considered to be under a contract of indefinite duration.
- In Malta, zero hour contracts are banned, subject to a limited number of exceptions.
How can we assist?
- Drafting of Employment Contracts;
- Drafting and Reviewing of Company Policies and Company Handbooks;
- Reviewing terms and conditions;
- Negotiating terms and conditions;
- Drafting and review of addenda or amendments to employment contracts ;
- Advice on employment status;
- Liaising with Jobsplus, DIER, Identita’ and other relevant authorities.
For more information about employment contracts and contracts of service, feel free to contact any of our Team Members in our Employment Law Department at Mifsud & Mifsud Advocates.
