Working rights and regulations in Malta fall under the Department for Employment and industrial relations. This includes notice periods and payments. So then, what types of employment get covered under this? The answer would be all types – employed or self-employed.
Notice periods are calculated according to the length of service in employment. When terminating employment during a probationary period less than one month in duration, no notice period is required by either party.
Regarding indefinite contracts extending beyond the probation period, the employee must give the notice must be given before termination if they are moving on or the employer in cases of redundancy or according to law.
If an employee has worked for more than a month and up to six months, both parties must give a one-week notice period. If the employee has been employed for six months and up to two years, the notice period is extended to two weeks.
If the employee has been working for the company for more than two years and up to four years, the notice period is four weeks. If employed for more than four years and up to seven years, the notice period is eight weeks.
For employees who have worked for a company for more than seven years and up to eight years, the notice period is nine weeks. The period goes up to ten weeks if the employee has been working for more than eight years and up to nine years.
Employees who have been with a company for more than nine years and up to 10 years, their notice period is 11 weeks. For those who have been employed with a company for longer than 10 years, the notice period caps at 12 weeks.
Notice Periods – What are your rights as an Employee?
Employers and employees may agree on longer periods in technical, managerial and executive posts. Once established, a notice period cannot be extended.
If an employee hands in his notice and the employer does not want such employee to carry out the notice period, the employer is obliged to pay the employee the full wages until the end of the notice period.
If the employee does not want to work the full notice period, they are obliged to pay half the wages pertaining to the shortfall to the employer until the end of the notice period.
Notice Regulations – Employer Terms
If an employee is made redundant, the employee can complete the entire notice period. If the employer does not want such employee to carry out the notice period, the employee must be paid the full wage until the end of the notice period. If the employee does not want to work the notice period, then the employer must pay half the wage up to until the end of the notice period.
In the case of a fixed-term definite contract, if there is no good and sufficient cause for termination, the employer is liable to pay the sum equivalent to half the full wages payable from the breach of contract until the original termination date.