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Resignation, unpaid wages, leave and employment contracts in Malta
In Malta the Employment and Industrial Relations Act (Cap. 452) sets the rules most workplaces follow. Notice runs by length of service under article 36(5): one week after more than a month, two weeks after six months, four after two years, eight after four years, then a week more for each further year up to twelve, counted from the working day after the notice is given. Wages are paid at most four weeks in arrears, and when a job ends the last wages and unused leave are due by the next pay day (article 22). The Department for Industrial and Employment Relations (DIER) takes wage complaints free of charge, and Jobsplus lets workers download their own employment history.
An employee who is leaving has the resignation letter, which states the notice and asks for the final pay, the share of the statutory bonuses and the FS3. Pay that is owed is put in writing with the letter to an employer about unpaid wages before a complaint to DIER. The annual leave request keeps a dated record of the leave asked for, and the request for an employer's reference asks for one when a new employer or a landlord wants it. The documents are in English, written for Maltese law: fill one in online and download a finished PDF, or download it blank.
The documents
6 forms available to fill in or download.
Agreement ending employment by mutual consent (Malta)
Malta · in English
For an employer and an employee in Malta who both want the job to end on an agreed date, on an indefinite or a fixed-term contract: an agreement that sets the last day, the final wages, the unused leave and the proportionate statutory bonuses due by the next pay day, any further sum agreed, the FS3 and the Jobsplus form, and the return of property, and that leaves the Industrial Tribunal's four months untouched. Both sign two copies.
Resignation letter (Malta)
Malta · in English · for employees
For an employee in Malta on a contract for an indefinite time, or still on probation, who is leaving the job: a letter that resigns, states the notice you give and your last day, counted as the Employment and Industrial Relations Act (Cap. 452) requires, and asks for written confirmation, your final wages and unused leave by the next pay day, your share of the statutory bonuses and your FS3. Send it by registered letter with a copy by email, and keep the post office receipt.
Contract of service for an indefinite time (Malta)
Malta · in English
For an employer and an employee in Malta agreeing a permanent job: a written contract of service under the Employment and Industrial Relations Act (Cap. 452) setting the start, the probationary period, the job and place of work, hours, wages paid at most four weeks in arrears, statutory bonuses, leave, and notice by length of service as article 36 requires. Both sign two copies and each keeps one.
Annual leave request (Malta)
Malta · in English · for employees
For an employee in Malta who wants to book paid annual leave: a dated written request to the employer giving the first and last day and the length of the leave, under the Organisation of Working Time Regulations (S.L. 452.87) and your contract, and asking for written approval or other dates. It leaves a record if the leave is later disputed or not paid. Send it by email and keep a copy.
Letter to an employer about unpaid wages (Malta)
Malta · in English · for employees
For an employee or former employee in Malta whose wages, leave pay or statutory bonuses have not been paid: a letter to the employer that lists what is owed, month by month, cites the Employment and Industrial Relations Act (Cap. 452) on when wages are due, and sets a date for payment before a free complaint to the Department for Industrial and Employment Relations (DIER). Send it by registered letter with a copy by email, and keep the post office receipt.
Request for an employer's reference (Malta)
Malta · in English · for employees
For an employee or former employee in Malta who needs a written reference or certificate of service for a new job, a rental or a permit: a polite letter asking the employer to confirm your dates of employment and job title, or also your duties and its view of your work, and where to send it. For proof of dates alone, your Jobsplus employment history is free. Send it by email and keep a copy.
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