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Employment Termination Policy for Malta

Employment Termination Policy Template for Malta

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Employment Termination Policy

"I need an Employment Termination Policy for our Malta-based technology company with 200+ employees, including remote workers across the EU, that covers both individual and collective redundancy procedures and needs to be implemented by March 2025."

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What is a Employment Termination Policy?

The Employment Termination Policy serves as a crucial governance document for organizations operating in Malta, providing a structured framework for managing the end of employment relationships. This policy is essential for ensuring compliance with Malta's Employment and Industrial Relations Act (EIRA), relevant EU directives, and local employment regulations. The document outlines comprehensive procedures for various termination scenarios, including voluntary resignations, redundancies, and dismissals for cause. It includes mandatory notice periods, documentation requirements, final settlement calculations, and employee rights protection measures. The policy is designed to protect both employer and employee interests while minimizing legal risks and ensuring fair treatment throughout the termination process. Regular updates are necessary to reflect changes in Maltese employment law and relevant EU regulations.

What sections should be included in a Employment Termination Policy?

1. Purpose and Scope: Defines the objective of the policy and its application within the organization

2. Definitions: Clear definitions of key terms used throughout the policy including types of termination

3. Legal Framework: Reference to relevant Maltese employment laws and regulations governing termination

4. Types of Employment Termination: Detailed explanation of different types of termination (voluntary resignation, redundancy, dismissal for cause, etc.)

5. Notice Periods: Statutory and contractual notice periods for different employee categories and circumstances

6. Termination Procedures: Step-by-step procedures for handling different types of termination

7. Final Pay and Benefits: Calculation and processing of final salary, benefits, and outstanding payments

8. Return of Company Property: Procedures for returning company assets and revoking access rights

9. Exit Interview Process: Guidelines for conducting and documenting exit interviews

10. Documentation Requirements: Required documentation for different types of termination

11. Appeals Process: Procedures for employees to appeal termination decisions

12. Data Protection and Confidentiality: Handling of employee data during and after termination

What sections are optional to include in a Employment Termination Policy?

1. Redundancy Procedures: Detailed procedures for handling redundancies - required for organizations with more than 20 employees

2. International Employee Termination: Additional procedures for terminating international employees - needed for companies with foreign workers

3. Executive Termination Procedures: Special procedures for executive-level terminations - relevant for larger organizations

4. Remote Worker Termination: Specific procedures for terminating remote workers - needed for companies with remote workforce

5. Collective Redundancy Procedures: Procedures for mass layoffs - required for larger organizations

6. Post-Termination Restrictions: Non-compete and non-solicitation provisions - relevant for positions with access to sensitive information

What schedules should be included in a Employment Termination Policy?

1. Schedule 1 - Notice Period Tables: Detailed tables showing notice periods for different employee categories and years of service

2. Schedule 2 - Termination Checklist: Comprehensive checklist for HR to ensure all termination steps are completed

3. Schedule 3 - Exit Interview Form: Standard form for conducting and documenting exit interviews

4. Schedule 4 - Property Return Form: Checklist for recording returned company property

5. Schedule 5 - Final Settlement Calculation Template: Template for calculating final payments and benefits

6. Appendix A - Sample Termination Letters: Ƶ for different types of termination letters

7. Appendix B - Legal References: Relevant excerpts from Maltese employment law and EU regulations

8. Appendix C - Appeals Form: Standard form for employees to submit termination appeals

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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