Contracts and Dismissals
Written Employment Particulars
In accordance with article 7 of the Employment and Industrial Relations Act, an employer has to
explain to the employee the provisions of any recognized conditions of employment as may be applicable and deliver to the employee a written statement about such conditions as may be prescribed (in regulations).
If a written contract has been signed between the parties, employer is bound to provide the worker a signed copy of agreement until the 8th working days from the day of commencement of contract. In cases, where written contract has not been signed between the parties or if a written contract does not include all necessary information that an employee needs to be notified about, employer is bound to provide a worker with a letter of engagement or a signed statement within 8 working days from the date of commencement of employment.
Such letter or statement should include following information: personal information of the parties; date of commencement of contract; probation period; wage rate and overtime rates; wage payment intervals; normal hours of work; expected or agreed duration of employment contract (for fixed term contracts); vacations and holidays; job description and job title; notice period; condition under which fines may be imposed; and reference to a collective agreement governing an employee's working conditions and all other relevant or applicable conditions of employment.
An employer who contravenes above provisions is guilty of an offence and is liable on conviction to a fine of not less than €116.47c and not more than €1,164.69c.
Employers must inform workers of essential employment details, including employer information, place of work, job specifics, start date, and, if applicable, end date. This information encompasses various aspects such as leave entitlements, termination procedures, remuneration details, and conditions of employment. The employer is obligated to provide this information within specified timeframes, either within the first seven days or one month, depending on the nature of the details. Additionally, if engaging an outworker, the employer must furnish additional information about the work rate and special contract conditions. This obligation does not exempt employers from complying with minimum conditions stipulated by applicable laws and regulations.
Sources: §7 of the Employment and Industrial Relations Act; Information to Employees Regulations (S.L.452.83); §5-6 of the Transparent and Predictable Working Conditions Regulations, 2022
Fixed Term Contracts
Employment contracts may be concluded for an indefinite period of time or for a fixed period of time or for completion of a specific task, undertaking, work or service. If an employee is retained in employment after termination of a fixed term contract or is re-employed in the same category by the employer for a fixed or indefinite term within one year from termination of employment, his/her conditions of service should not be less favourable than those with indefinite contracts.
An employee whose fixed term contract has expired but he is still retained by the employer is deemed to be retained on an indefinite term contract if the said employee is not given a new contract within 12 days of the expiry of the previous contract.
The maximum length of a fixed term contract including renewals is 48 months (4 years). If a worker has been continuously employed for a total term of more than 4 years, his fixed term contract is transformed into a contract of indefinite term. An employer may only retain an employee on a fixed term contract beyond four years when such retention is justified by objective reasons based on precise and concrete circumstances in a given activity. Certain situation where longer periods of fixed term contracts are allowed are mentioned in the regulations.
Sources: §33 & 34 of the Employment and Industrial Relations Act; Contracts of Service for a Fixed Term Regulations (S.L.452.81)
Probation Period
The first 6 months of employment are considered probationary period unless a shorter period has been agreed between the parties. However, for employees holding technical, executive, administrative or managerial posts and whose wages are at least double the minimum wage established in that year, the probation period is 12 months (one year) unless otherwise specified in the contract of service or collective agreement.
Sources: §36 of the Employment and Industrial Relations Act
Regulations on Employment Security
- National Holidays and other Public Holidays Act (CAP. 252)
- The Weekly Day of Rest and Annual Vacation Leave National Standard Order (S.L.452.64) Organisation of Working Time Regulations (S.L.452.87)
