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Redundancy Settlement Agreement for Malta

Redundancy Settlement Agreement Template for Malta

A comprehensive legal document governed by Maltese law that formalizes the terms and conditions of an employee's departure from employment due to redundancy. This agreement outlines the settlement terms, including financial compensation, benefits, and mutual obligations, while ensuring compliance with Malta's Employment and Industrial Relations Act and related legislation. It provides legal protection for both employer and employee by clearly stating all terms of the redundancy settlement, including payments, confidentiality requirements, and waiver of claims, while incorporating specific provisions required under Maltese employment law and EU directives.

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What is a Redundancy Settlement Agreement?

A Redundancy Settlement Agreement is a crucial legal document used in Malta when terminating employment due to redundancy situations. It serves as a formal record of the terms agreed between employer and employee, protecting both parties' interests while ensuring compliance with Maltese employment law, including the Employment and Industrial Relations Act and Collective Redundancies Regulations. The document is typically used when companies need to reduce their workforce due to economic, technical, or organizational reasons, and wish to achieve a clean break while minimizing the risk of future claims. The agreement covers essential elements such as settlement payments, tax treatment, confidentiality obligations, and waivers of claims, while incorporating specific requirements of Maltese law regarding redundancy procedures and employee protections. This document is particularly important in Malta's business environment, where companies must balance commercial needs with strong employee protections under both local and EU law.

What sections should be included in a Redundancy Settlement Agreement?

1. Parties: Identification of the employer and employee, including full legal names and addresses

2. Background: Context of the redundancy situation and brief employment history

3. Definitions: Key terms used throughout the agreement including 'Termination Date', 'Settlement Sum', etc.

4. Termination of Employment: Confirmation of redundancy and last working day

5. Settlement Payments: Detailed breakdown of all payments including statutory redundancy pay, ex-gratia payments, and payment timing

6. Tax Indemnity: Provisions regarding tax treatment of payments and related indemnities

7. Waiver of Claims: Employee's waiver of employment-related claims under Maltese law

8. Company Property: Requirements for return of company property

9. Confidentiality: Obligations regarding confidentiality of the agreement and company information

10. Reference: Arrangements for providing employment references

11. Full and Final Settlement: Confirmation that the agreement represents full and final settlement

12. Governing Law: Confirmation of Maltese law as governing law

13. Execution: Signature blocks and execution provisions

What sections are optional to include in a Redundancy Settlement Agreement?

1. Post-Termination Restrictions: Restatement or modification of any existing restrictive covenants, used when original employment contract contained such restrictions

2. Legal Advice: Confirmation of independent legal advice, used when required for enforceability or risk management

3. Outplacement Support: Details of any career transition services offered, included when such support is part of the package

4. Garden Leave: Provisions for garden leave period if applicable between notice and termination

5. Share Options/Benefits: Treatment of existing share options or long-term benefits, included when employee has such entitlements

6. Continuing Obligations: Any ongoing duties or obligations post-termination, used when required for specific situations

7. Announcement: Agreed internal/external communications about the departure, included for senior employees

8. Re-employment: Any restrictions or provisions regarding future employment with the company or group

What schedules should be included in a Redundancy Settlement Agreement?

1. Schedule 1 - Payment Calculation: Detailed breakdown of all payment components including statutory redundancy calculation

2. Schedule 2 - Claims: Comprehensive list of statutory and contractual claims being settled

3. Schedule 3 - Company Property: Itemized list of company property to be returned

4. Appendix A - Reference Template: Agreed form of reference to be provided

5. Appendix B - Resignation Letter: Template resignation letter if required as part of the process

6. Appendix C - Announcement: Agreed form of any internal or external announcements

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

Cost

Free to use
Relevant legal definitions

































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Relevant Industries

Financial Services

Gaming and iGaming

Technology

Manufacturing

Tourism and Hospitality

Professional Services

Telecommunications

Pharmaceutical

Maritime

Aviation

Retail

Construction

Healthcare

Education

Relevant Teams

Human Resources

Legal

Finance

Operations

Information Technology

Sales

Marketing

Customer Service

Research and Development

Administration

Production

Quality Assurance

Compliance

Risk Management

Relevant Roles

Chief Executive Officer

Managing Director

Department Manager

Senior Manager

Team Leader

Technical Specialist

Software Developer

Account Manager

Financial Analyst

HR Manager

Operations Manager

Sales Representative

Administrative Assistant

Customer Service Representative

Project Manager

Research Analyst

Marketing Executive

Legal Counsel

Production Worker

Quality Control Specialist

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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