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Going Away Letter for Malta

Going Away Letter Template for Malta

A Going Away Letter under Maltese law is a formal document that outlines the terms and conditions of an employee's departure from an organization. It serves as an official record of the departure arrangements, including final payments, handover responsibilities, continuing obligations, and return of company property. The document must comply with Malta's Employment and Industrial Relations Act and, where applicable, sector-specific regulations such as those from the Malta Financial Services Authority (MFSA). It provides legal protection for both employer and employee by clearly documenting the departure terms and any ongoing obligations regarding confidentiality and professional conduct.

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What is a Going Away Letter?

The Going Away Letter is a crucial document in Malta's employment landscape, used to formalize and document an employee's departure from an organization. It serves multiple purposes: confirming the termination date, outlining final payment arrangements, specifying handover requirements, and reinforcing ongoing obligations. The document is particularly important in Malta's regulated industries, where strict compliance requirements exist for employee departures. The Going Away Letter should align with Malta's Employment and Industrial Relations Act and any sector-specific regulations, such as MFSA requirements for financial services roles. It's commonly used following resignation or mutual agreement to terminate employment, providing both parties with clear documentation of the departure arrangements and protecting their respective interests.

What sections should be included in a Going Away Letter?

1. Letter Header: Company letterhead, date, and formal addressing to the departing employee

2. Departure Confirmation: Clear statement of the departure date and position being vacated

3. Handover Arrangements: Specific details about the handover of responsibilities, projects, and documents

4. Company Property Return: List of company property to be returned and deadline for return

5. Final Payment Details: Information about final salary, outstanding leave payments, and other entitlements

6. Ongoing Obligations: Reminder of continuing obligations regarding confidentiality and non-compete (if applicable)

7. Reference and Communications: Information about how future employment references will be handled and any agreed external/internal communications about the departure

8. Closing and Signatures: Formal closing, signature blocks for both parties

What sections are optional to include in a Going Away Letter?

1. Regulatory Notifications: Required for regulated positions (e.g., MFSA-regulated roles) - details of regulatory notifications and requirements

2. Director Resignations: Required if the employee holds director positions - specific arrangements for director resignations

3. Garden Leave Arrangements: Include if the employee will be placed on garden leave during notice period

4. Post-Employment Benefits: If applicable, details of any continuing benefits or insurance coverage

5. Share Options/Financial Instruments: Required if employee has share options or other financial instruments - details of arrangements

6. Client Transition: For client-facing roles, specific arrangements for client handover and communications

What schedules should be included in a Going Away Letter?

1. Schedule 1 - Company Property Checklist: Detailed list of company property to be returned

2. Schedule 2 - Project Status Report: Status update on all current projects and responsibilities

3. Schedule 3 - Final Payment Calculation: Breakdown of final payment including salary, leave, and other entitlements

4. Appendix A - Handover Plan: Detailed timeline and steps for handover of responsibilities

5. Appendix B - Confidentiality Reminder: Detailed reminder of specific confidentiality obligations under Maltese law

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

Resignation Letter

Cost

Free to use
Relevant legal definitions




















Clauses




















Relevant Industries

Financial Services

Banking

Insurance

Gaming and iGaming

Technology

Professional Services

Manufacturing

Retail

Healthcare

Maritime

Aviation

Telecommunications

Hospitality and Tourism

Education

Construction and Real Estate

Relevant Teams

Human Resources

Legal

Finance

Operations

Information Technology

Sales

Marketing

Customer Service

Compliance

Risk Management

Research and Development

Administration

Product Development

Business Development

Executive Management

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Chief Technology Officer

Managing Director

Department Manager

Senior Account Manager

Financial Controller

Compliance Officer

Risk Manager

Software Developer

Project Manager

Human Resources Manager

Operations Director

Sales Executive

Marketing Manager

Legal Counsel

Investment Advisor

Gaming Operations Manager

Customer Service Representative

Administrative 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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