Malta
Fixed-term contracts must be at least six months long but can be successfully renewed up to a maximum period of four years with few exceptions. A fixed term of employment exceeding four years will be considered indefinite. If the worker is not given a new contract of service for a fixed term within the first twelve working days following the expiry from the previous contract, the contract of service of a worker who was previously on a fixed term contract will be deemed indefinite.
In a fixed-term employment relationship, the length of probation must be proportionate to the expected duration of the contract and the nature of the work (two months for every six months of initial fixed term established). For indefinite employment, a probationary period of six months for most workers and twelve months for workers who hold technical, executive, administrative or managerial positions is applicable, unless both parties agree to a shorter probationary length. A worker may be terminated or resign during a probationary period without assigning any reason. However, one week notice by either party applies if the employment exceeds one month.
Workers in Malta recognize 13 public holidays. Workers that work on a public holiday are entitled to a day of rest.
Workers are entitled to 24 days of paid leave per year, which accrues from the commencement of the employment. Leave must be taken by day (rather than hours) unless otherwise agreed. Only half of the annual leave entitlement may be carried over to the subsequent year. Any accrued but unused leave is paid at the time of termination.
Workers are entitled to sick leave based on the applicable Wage Regulation Order. Generally, Workers are entitled to two working weeks of paid sick leave per year. A medical certificate must be presented to the employer.
The labor code in Malta enforces typical working hours of 40 hours per week for a full-time worker. There is an option to extend the maximum workweek to 48 hours if necessary.
Workers are entitled to overtime as outlined in the applicable Wage Regulation Order. Work on Monday to Saturday over 40 hours per week averaged over four weeks is paid at 150% of the ordinary rate. Extra work on Sundays or Public Holidays are compensated at 200% of the workers' hourly rate. Workers cannot be asked to work more than 48 hours per week averaged over four weeks unless that Worker consented in writing.
There are two mandatory bonuses given to all registered workers in Malta, one at the end of June and another near the end of December. Full-time workers who worked the full period of 1040 in the six months preceding the bonus period are eligible for the whole amount of €135.10 and part-time workers and full-time workers who only worked a part of the payable period would only be entitled to a pro-rata of the full amount.
Except when there is good and sufficient cause for a termination without notice, Workers are entitled to notice of termination between 1 and 12 weeks depending upon the length of service or payment instead of notice. An employer who terminates a fixed term contract before its expiration is obliged to pay the worker a sum equal to one-half of the full wages that would have accrued to the worker in respect of the remainder of time in contract.
Workers are to give their employer 1 to 12 weeks’ notice of resignation after at least one month of service, depending on the length of worker’s employment. Notice is not necessary if a Worker resigns during a probationary period.
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