The local legal context
Malta's Department for Industrial and Employment Relations distinguishes notice during probation from notice for indefinite employment after probation. Continuous service and the reason for termination matter, while particular occupational categories may permit different agreed notice arrangements.
An employer should examine the contract type and actual ground for ending employment before calculating notice. Fixed-term obligations, unpaid entitlements and any complaint about unjustified termination require separate consideration from the notice calculation itself. The employer should preserve the reasons, consultation record and supporting evidence for the proposed decision, then align the contractual documents with the mandatory protections applicable to the employee's circumstances.
Key laws & official sources
Explains notice in probation and indefinite employment, including the relevance of continuous service and particular occupational categories.
Employment rules, collective terms and protected status must be checked locally; verify the operative legislation before changing contractual terms or calculating dismissal entitlements.
Practical next steps
- Check probation status, contract type and continuous service before termination.
- Record the reasons and evidence for the proposed employment decision.
- Check labour-inspection, consultation and authorisation requirements.
Documents to prepare
- Employment contract and applicable collective terms
- Pay records and working-time evidence
- Policies, correspondence and consultation records
How Jurisiti can help
Determine where the employee habitually works and which mandatory rules or collective agreements apply. A governing-law clause does not necessarily displace workplace protections. Review the reasons, evidence and procedural steps for any proposed change or termination before making commitments, including consultation or representative-body requirements where relevant.
- Contracts, policies and working arrangements
- Dismissals, restructuring and consultation
- Discrimination, pay and workplace disputes
Questions about your matter
How do I start a employment & labour law enquiry in Malta?
Identify the jurisdiction, the people involved, any existing proceeding or deadline, and the result you need. A short chronology and the key documents help define the proposed engagement before local professional arrangements are confirmed.
Can a cross-border matter involve more than one legal system?
Yes. Malta may be one part of a wider matter involving another place of residence, contracting party, asset or forum. Applicable law, jurisdiction and enforcement should be assessed separately, using the relevant national and international rules.
Does this guide establish a lawyer-client relationship?
No. An enquiry or use of this guide does not establish an engagement. Conflicts, professional authority, scope, responsibilities and fees must be confirmed before work is undertaken.
These guides provide general legal information. The operative law, deadlines, professional permissions and scope of work are confirmed for the particular matter. Representation is arranged through appropriately authorised local practitioners.