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Employee Leasing Agreement for Malta

Employee Leasing Agreement Template for Malta

A comprehensive legal agreement governed by Maltese law that establishes the terms and conditions for the temporary provision of workers from an employment agency (lessor) to a client company (lessee). The document addresses key aspects including employment conditions, responsibilities of both parties, compliance with Maltese labor laws, data protection requirements, and financial arrangements. It ensures alignment with Malta's Employment and Industrial Relations Act and Temporary Agency Workers Regulations while protecting the rights of all parties involved and clearly defining the operational framework for the employee leasing arrangement.

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What is a Employee Leasing Agreement?

This Employee Leasing Agreement is essential for businesses operating in Malta that utilize temporary staffing solutions through employment agencies. The document is designed to comply with Malta's robust employment legislation, including the Employment and Industrial Relations Act and Temporary Agency Workers Regulations. It is particularly relevant in situations where companies need flexible staffing solutions while ensuring compliance with local labor laws and regulations. The agreement covers crucial aspects such as employment terms, workplace safety, data protection under GDPR, social security contributions, and tax implications specific to Malta's jurisdiction. It establishes clear lines of responsibility between the employment agency and the client company while protecting the rights of leased employees and ensuring regulatory compliance.

What sections should be included in a Employee Leasing Agreement?

1. Parties: Identifies and provides details of the primary parties: the lessor (employment agency) and lessee (client company)

2. Background: Sets out the context of the agreement, including the lessor's business of providing temporary workers and the lessee's need for temporary staff

3. Definitions: Defines key terms used throughout the agreement, including 'Leased Employees', 'Services', 'Assignment Period', etc.

4. Scope of Services: Details the employee leasing services to be provided, including recruitment, administration, and management of leased employees

5. Term and Termination: Specifies the duration of the agreement and conditions for termination by either party

6. Lessor's Obligations: Outlines the responsibilities of the employment agency, including employment contracts, payroll, and statutory compliance

7. Lessee's Obligations: Defines the client company's responsibilities regarding day-to-day supervision, workplace safety, and working conditions

8. Employee Rights and Benefits: Specifies how employee benefits, leave, and other entitlements will be handled

9. Fees and Payment Terms: Details the fee structure, payment schedule, and any additional charges

10. Confidentiality and Data Protection: Addresses handling of confidential information and personal data in compliance with GDPR and Maltese law

11. Insurance and Liability: Specifies insurance requirements and allocation of liability between parties

12. Dispute Resolution: Outlines procedures for handling disputes between parties

13. Governing Law: Confirms Maltese law as governing law and jurisdiction

What sections are optional to include in a Employee Leasing Agreement?

1. Non-Solicitation: Prevents direct hiring of leased employees by the lessee; included when protecting the lessor's workforce is a priority

2. Performance Standards: Sets specific KPIs and quality standards; included for complex or specialized roles

3. Training and Development: Specifies responsibilities for employee training; included when specific qualifications or skills are required

4. Intellectual Property Rights: Addresses ownership of IP created by leased employees; included when employees will be involved in creative or technical work

5. Force Majeure: Addresses unforeseen circumstances preventing performance; included for longer-term or high-value agreements

6. Assignment and Subcontracting: Controls ability to transfer rights or obligations; included for larger corporate clients

7. Compliance with Client Policies: Requires adherence to lessee's internal policies; included when working in regulated industries or sensitive environments

What schedules should be included in a Employee Leasing Agreement?

1. Schedule 1 - Service Specifications: Detailed description of services, including specific roles and responsibilities

2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, markup percentages, and payment terms

3. Schedule 3 - Employee Categories and Rates: List of job categories, corresponding pay rates, and any specific requirements

4. Schedule 4 - Service Level Agreement: Performance metrics, response times, and quality standards

5. Appendix A - Standard Operating Procedures: Procedures for requesting employees, timesheet approval, etc.

6. Appendix B - Health and Safety Requirements: Specific workplace safety requirements and responsibilities

7. Appendix C - Data Processing Agreement: Detailed terms for handling personal data in compliance with GDPR

8. Appendix D - Required Forms and Templates: Standard forms for employee requests, evaluations, and incident reporting

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Malta

Publisher

Ƶ

Document Type

Employment Form

Cost

Free to use
Relevant legal definitions















































Clauses






























Relevant Industries

Manufacturing

Information Technology

Financial Services

Healthcare

Construction

Hospitality

Logistics and Transportation

Professional Services

Retail

Agriculture

Maritime Industry

Gaming Industry

Telecommunications

Relevant Teams

Human Resources

Legal

Compliance

Operations

Finance

Procurement

Risk Management

Payroll

Talent Acquisition

Contract Administration

Relevant Roles

HR Director

Legal Counsel

Compliance Officer

Operations Manager

Finance Director

Procurement Manager

Risk Manager

Human Resources Manager

Payroll Manager

Talent Acquisition Manager

Contract Administrator

Employment Relations Manager

Workforce Planning Manager

Chief Financial Officer

Chief Operating Officer

Industries









Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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