S.L. 452.59 – Construction

Employer 

Enterprise: _____________________________________

Name: Mr. / Ms. / Mrs. ___________________________

I.D. No.: _______________________________________

Address: _______________________________________

Co. Reg. Number: ________________________________

PE Number: ____________________________________

Employee

Name: Mr. / Ms. / Mrs. ___________________________

I.D. No.: _______________________________________

Address: _______________________________________

_______________________________________

 

The parties above agree to enter into this contract of employment with the following terms and conditions:

 

Job Title      ________________________________

(preferably attach job description)

 

Place of Work     _______________________________________

_______________________________________

(Specify normal place of work and whether the employee will be required to work at any other temporary sites within Malta for the proper performance of the employee’s duties.)

 

Duties Abroad [1] _______________________________________

(Specify whether employee may be required to perform duties outside of Malta.)

 

Date of Commencement _______________________________________

 

Duration of Contract _______________________________________

 

Probation Period [2] _______________________________________

 

Wages [3]

1. Full-time Basic Weekly Wage: _________________

2. Specify other allowance/s: _________________

(such as shift allowance and/or commission structure)

In addition to the above, the employer shall pay the employee the Statutory Bonus and Weekly Allowance as specified by law. (Statutory bonus payable by the 30th June <€135.10> and from the 15th till the 23rd December <€135.10>. Weekly allowance payable by 31st March <€121.16> and 30th September <€121.16>.)

 

Overtime Rates [4]

(a) On any day, other than Saturday and Sunday or customary holidays, for any hours in excess of the normal working hours of the establishment which shall not exceed nine hours on any day x1.5;

(b) for all hours of work on Saturdays x1.5;

(c) for all hours of work on Sundays x2

(d) for all hours of work on a customary holiday x2 (in addition to a normal hourly wage).

 

Periodicity of wage payment [5] _______________________________________

(state at what intervals wages are to be paid, preferably indicating payment date and payment period)

Normal hours of work [6]

40 hours per week spread over a five-day week_

(excluding overtime)

(List the total number of working hours per week and the relative schedule of work. However, the Employer may, from time to time change the fixed weekly schedule of work should new business exigencies provided by the employer develop on a permanent basis.)

Public Holidays

When a Public Holiday falls on any day of the week (from Monday to Sunday) and the full-time employee is not scheduled to work on such day as part of the normal weekly roster (being an off day of the employee), the equivalent in hours of one working day is to be added to the employee’s vacation leave entitlement. Such extra day of vacation leave is to be added to the employee’s vacation leave entitlement on the day of such Public Holiday.

Vacation Leave

A full-time employee whose normal hours of work are 40 hours per week is entitled to 192 hours vacation leave per year. A minimum period equivalent to four weeks may not be replaced by an allowance in lieu.

(It should be noted that the employee is entitled fifteen hours with pay per year as time-off for urgent family reasons, which are deductible from the annual leave entitlement of the employee.)

Sick Leave

After the completion of one year’s continuous service, a whole-time employee shall in every calendar year be entitled to the equivalent in hours of 15 days (120 hours) sick leave on full pay and the equivalent in hours of 15 days (120 hours) on half pay.

(In occasions of sickness, a medical certificate has to be presented to the employer on the day of return to work or, if such period of sickness is longer than seven days, within seven days of the commencement of sick leave absence. The employer shall have the right to send a medical practitioner to visit and examine an employee who is on sick leave.)

Other Leave

Paternal Leave [7] : 10 days on full pay

Parental leave: 4 months [8]​

Marriage Leave: 3 days on full pay

Bereavement Leave: 2 days on full pay

Injury Leave: Up to one year injury leave on full pay

Jury Service Leave: A whole-time employee shall, if called upon to serve as juror, be allowed all time off as shall be necessary, without any deduction from pay to which he would otherwise have been entitled, to enable him to attend to such duty in Court.

Termination o​f contract

Where there is not a justified reason to terminate an employment that is on definite basis after the probation period, the party who breaches the contract is liable to pay the other party a sum equal to one-half of the full wages that would have accrued had the contract of employment remained in force.

Special Conditions

_______________________________________

_______________________________________

Collective Agreement

_______________________________________

(if applicable, attach copy of relevant collective agreement)

Fines

_______________________________________

 

Governing Law and Jurisdiction

This Contract shall be deemed to be a Maltese Contract, and shall accordingly be governed, construed and interpreted in accordance with the laws for the time being in force in Malta, and the Maltese Courts and Tribunals shall have exclusive jurisdiction to hear and determine all actions and proceedings arising out of this Contract.

 

__________________

Date

 

__________________                                    __________________

Signature of Employee                                         Signature of Employer/Representative

 

I.D. Number: __________________        I.D. Number: __________________

                                                                                 Position: _____________________

 

N.B. A copy of the written contract of employment shall be kept by the employer and also given to the employee. Furthermore, if a reference to the law is made, the relative provision of the law must be indicated.

 

Notes​​[1] In the case of duties abroad for a period exceeding four (4) consecutive weeks, the following details have to be provided by the employer to the worker before his departure from Malta:

(a) the country or countries in which the work abroad is to be performed and its anticipated duration;

(b) the currency to be used for the payment of remuneration;

(c) where applicable, the benefits in cash or in kind relating to work assignments abroad;

(d) information as to whether repatriation is provided for, and if so, the conditions governing the worker’s repatriation.

[2] One week notice if exceeding one month in employment during probation.

[3] (fill in where applicable)

[4] In the case of a watchman, overtime shall be payable:

(a) x1.5 for all time worked in excess of forty-eight hours in a period of six consecutive days;

(b) x2 for all time worked on the seventh day and/or on any customary holiday.

[5] Every employer shall pay or cause to be paid wages to his employees at regular intervals which shall not exceed four weeks in arrears.

[6] In the case of watchmen normal work hours to 48 hours per week exclusive of overtime, spread over six days.

[7] With effect from 2nd August 2022, fathers or equivalent second parent as recognised by national law are granted a total of 10 paid days of paternity leave to be taken immediately after the birth or adoption of the child.

[8]​ Only 2 out of the 4 months of parental leave are paid at the same rate established for the sickness benefit entitlement under the Social Security Act.​​​​

Full Time indefinite

Part Time Definite

Part Time Indefinite