The Probation Employment Contract serves as a crucial legal document in Malta's employment framework, designed to establish a clear and compliant probationary employment relationship between employers and new employees. This document is typically used when onboarding new staff members, providing a structured framework for the initial employment period in accordance with Maltese employment law. The contract addresses all requirements under the Employment and Industrial Relations Act (EIRA) and related regulations, including mandatory information about working conditions, remuneration, and the specific terms of the probationary period. It's particularly important in Malta where probationary periods are strictly regulated and cannot exceed 6 months except for positions of technical, executive, administrative or managerial nature, where it may be extended to 12 months.
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1. Parties: Identification of the employer and employee with full legal names and addresses
2. Background: Brief context of the employment relationship and purpose of the probationary contract
3. Definitions: Key terms used throughout the contract
4. Position and Duties: Job title, role description, and main responsibilities
5. Probationary Period: Duration of probation period (up to 6 months), assessment criteria, and termination conditions during probation
6. Duration and Hours of Work: Working hours, days of work, and flexibility requirements
7. Place of Work: Primary workplace location and any mobility requirements
8. Remuneration: Salary, payment frequency, and method of payment
9. Benefits: Statutory benefits, including leave entitlements and sick leave
10. Termination: Notice periods and conditions for termination during and after probation
11. Confidentiality: Obligations regarding company confidential information
12. Data Protection: Handling of personal data in compliance with GDPR and local law
13. Governing Law: Specification of Maltese law as governing law
14. Entire Agreement: Standard clause confirming this document as the complete agreement
15. Signatures: Execution blocks for both parties
1. Bonus and Commission: Include when role includes variable compensation components
2. Intellectual Property: Include for roles involving creative work or innovation
3. Non-Competition: Include for senior roles or positions with access to sensitive information
4. Remote Working: Include if role allows for remote work arrangements
5. Training Requirements: Include if specific training is required during probation
6. Company Property: Include if employee will be provided with significant company assets
7. Travel Requirements: Include if role involves regular travel
8. Performance Targets: Include if specific targets must be met during probation
9. Collective Agreements: Include if workplace is covered by collective agreements
1. Schedule 1 - Job Description: Detailed description of role, responsibilities, and reporting lines
2. Schedule 2 - Company Policies: List of applicable company policies and procedures
3. Schedule 3 - Benefits Package: Detailed breakdown of all benefits and entitlements
4. Schedule 4 - Performance Criteria: Specific metrics and criteria for evaluating performance during probation
5. Appendix A - Code of Conduct: Company's code of conduct and ethical guidelines
6. Appendix B - IT Policy: Rules regarding use of company IT systems and equipment
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
iGaming
Tourism and Hospitality
Information Technology
Manufacturing
Professional Services
Healthcare
Education
Retail
Maritime
Construction
Telecommunications
Relevant Teams
Human Resources
Legal
Finance
Operations
Information Technology
Marketing
Sales
Customer Service
Research and Development
Administration
Quality Assurance
Product Development
Business Development
Executive Office
Relevant Roles
Software Developer
Financial Analyst
HR Manager
Marketing Executive
Operations Manager
Customer Service Representative
Sales Manager
Project Manager
Administrative Assistant
Legal Counsel
Account Manager
Business Development Executive
Data Analyst
Product Manager
Research Scientist
Executive Assistant
IT Support Specialist
Financial Controller
Operations Supervisor
Quality Assurance Engineer
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