Working rights and regulations in Malta fall under the responsibility of the Department for Employment and industrial relations. This includes notice periods and payments.
Notice periods are worked outcalculated 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.
With regards to indefinite contracts which extend to beyond the probation period, notice must be given before termination by the employee if they are moving on, or by the employer in cases of redundancy or according to law.
If an employee has worked for an employer for more than a month and up to six months, both parties must give a one-week notice period. This period is extended to two weeks if the employee has been employed for six months and up to two years.
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 and if such employee has been 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 and it goes up to ten weeks if the employee has been there for more than eight years and up to nine years.
Notice Periods – What are your rights?
For employees who have been employed with a company for more than nine years and up to 10 years, the notice period is 11 weeks and for those who have been employed with a company for longer than 10 years, the notice period caps at 12 weeks.
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, then such employee is obliged to pay half the wages pertaining to the shortfall to the employer until the end of the notice period.
Employer terms – Notice Regulations
If an employee is made redundant, the employee can carry out his 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 half the wage up to untilthe end of the notice period must be paid by the employer.
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.