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Termination Due To Performance for Malta

Termination Due To Performance Template for Malta

This document serves as a formal termination agreement under Maltese law, specifically addressing employment termination based on performance grounds. It complies with the Employment and Industrial Relations Act (Chapter 452) of Malta and related employment regulations, incorporating necessary provisions for performance-based dismissal. The document outlines the performance issues, previous improvement attempts, notice period, final payments, and post-termination obligations while ensuring adherence to Maltese fair dismissal requirements and proper documentation of the termination process.

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Termination Due To Performance

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What is a Termination Due To Performance?

This Termination Due To Performance document is essential when an employer in Malta needs to formally end an employment relationship due to unsatisfactory performance. It should be used after documented performance improvement attempts have been unsuccessful and when the employer has met all legal requirements for fair dismissal under Maltese law. The document includes comprehensive details about performance issues, improvement plans implemented, notice periods, final payments, and post-termination obligations. It ensures compliance with Malta's Employment and Industrial Relations Act while protecting both employer and employee rights. This agreement is particularly crucial as it helps mitigate legal risks associated with unfair dismissal claims by providing clear documentation of the performance-based termination process.

What sections should be included in a Termination Due To Performance?

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

2. Background: Brief context of the employment relationship, including start date, position, and reference to the original employment agreement

3. Definitions: Definitions of key terms used throughout the document

4. Performance Issues: Detailed description of the performance issues that form the basis for termination

5. Prior Communications: Summary of previous performance discussions, warnings, and improvement plans

6. Termination Decision: Clear statement of the decision to terminate and its effective date

7. Notice Period: Details of the notice period or payment in lieu of notice

8. Final Payment: Breakdown of final payment including salary, accrued leave, and other entitlements

9. Company Property: Requirements for returning company property and documentation

10. General Provisions: Standard legal provisions including governing law, entire agreement, and amendments

What sections are optional to include in a Termination Due To Performance?

1. Severance Package: Details of any additional compensation or benefits offered beyond statutory requirements

2. Post-Termination Restrictions: Any applicable non-compete or non-solicitation provisions that survive termination

3. Reference Provision: Terms regarding the provision of future employment references

4. Confidentiality Obligations: Ongoing obligations regarding confidential information

5. Mutual Release: Mutual release of claims between parties, if applicable

6. Outplacement Support: Details of any career transition support services offered

7. Tax Implications: Overview of tax treatment of termination payments

What schedules should be included in a Termination Due To Performance?

1. Schedule 1 - Performance Review Documentation: Copies of relevant performance reviews and assessments

2. Schedule 2 - Warning Letters: Copies of formal warning letters and performance improvement plans

3. Schedule 3 - Meeting Minutes: Records of performance-related meetings and discussions

4. Schedule 4 - Final Payment Calculation: Detailed calculation of all final payments and entitlements

5. Schedule 5 - Company Property List: Itemized list of company property to be returned

6. Appendix A - Performance Metrics: Documentation of specific performance targets and actual performance

7. Appendix B - Handover Instructions: Details of work handover requirements and procedures

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

Termination Letter

Cost

Free to use
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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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