Post-Employment Restraints: Are Employees Still Bound After They Leave?

Abuse of power, or freedom to contract?

During employment, the relationship between the employer and the employee is one of trust, confidence and faith. Due to this acquired trust, confidence and faith, employment contracts in Malta often include restraints to regulate employee's activity even after said contracts' termination, so that such trust, confidence and faith remains unbetrayed. These clauses are commonly referred to as post-employment restraints.

These clauses have been the subject of continued debate in Malta, especially with respect to whether such clauses are enforceable or not. There are various aspects at play, amongst which a delicate balance must be struck. Some aspects listed hereunder: