Know Your Rights | Valid Clauses In Your Contract Of Employment

In principle, under Maltese law, the employer generally determines what terms are stipulated in the employee's contract of employment. This is subject to the employee's consent prior to signing, therefore the employee's role of consultation during drafting is crucial. The law imposes a number of requirements on how certain clauses must be mentioned in the employment contract. These clauses normally refer the basic employment conditions such as regulating the employee's hours of work, remuneration payable and leave entitlement, among others. However, there are other specific clauses which are either not clear in their terms, such as the notice period, following which the termination of employment of the employee ensues; or else are not regulated by the law, yet their validity is discussed through various case-law.