Contract of Service


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Contract of Service​ ​​ ​​ ​
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Description​ ​​ ​​ ​
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​A contract of service is an agreement, whether verbal or in writing, where a person binds himself/herself to render service to, or to do work for, an employer in return of wages.​​ ​​ ​​ ​
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Questions Answers

Where the contract of service is not in writing  should the employer give an employee the conditions of work in writing?

If the period of employment exceeds one month and exceeds eight hours of work a week, the employer is bound to give a written statement to the employee showing his/her conditions of work, within 8 working days from the commencement of employment.  It is also a good practice if the employee is given a job description.

Wh​at is the difference between a definite (fixed term) and an indefinite contract of service? ​As its name implies an indefinite contract of service means that the employee is engaged in an employment for an indefinite period (without a limit). On the other hand a fixed term contract is a contract wherein both parties usually agree on its duration and thus   incorporates an expiry date.

Is there a time limit after which a fixed term contract can be changed to an indefinite duration?

 

Excluding exceptions for justified reasons, a fixed term contract can be successively renewed up to a maximum period of four years after which the employee shall be considered to be under a contract of indefinite duration. An employee whose fixed term contract has expired and is retained in employment will also be considered to be under an indefinite contract if the employer does not produce a new contract of service within twelve (12) days following the expiry of the previous contract.

Can an indefinite contract of employment be changed into a definite one?

A contract of employment agreed on an indefinite basis cannot be changed into a definite duration if substantially the same work will be carried out.

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​CONTACT INFORMATION:

 Contact Name

Department for Industrial and Employment Relations 
121, Melita​​ Street,
Valletta - Malta 
VLT 1121
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 Tele​phone​
(+356) 21224245/6​​

 Email