This Termination Due To Performance document is essential when an employer in Malta needs to formally end an employment relationship due to unsatisfactory performance. It should be used after documented performance improvement attempts have been unsuccessful and when the employer has met all legal requirements for fair dismissal under Maltese law. The document includes comprehensive details about performance issues, improvement plans implemented, notice periods, final payments, and post-termination obligations. It ensures compliance with Malta's Employment and Industrial Relations Act while protecting both employer and employee rights. This agreement is particularly crucial as it helps mitigate legal risks associated with unfair dismissal claims by providing clear documentation of the performance-based termination process.
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Key Requirements PROMPT example:
Termination Due To Performance
"I need a Termination Due To Performance agreement for an IT project manager who has consistently failed to meet project deadlines and KPIs despite two formal warnings, with termination to be effective immediately."
1. Parties: Identification of the employer and employee, including full legal names, addresses, and positions
2. Background: Brief context of the employment relationship, including start date, position, and reference to the original employment agreement
3. Definitions: Definitions of key terms used throughout the document
4. Performance Issues: Detailed description of the performance issues that form the basis for termination
5. Prior Communications: Summary of previous performance discussions, warnings, and improvement plans
6. Termination Decision: Clear statement of the decision to terminate and its effective date
7. Notice Period: Details of the notice period or payment in lieu of notice
8. Final Payment: Breakdown of final payment including salary, accrued leave, and other entitlements
9. Company Property: Requirements for returning company property and documentation
10. General Provisions: Standard legal provisions including governing law, entire agreement, and amendments
1. Severance Package: Details of any additional compensation or benefits offered beyond statutory requirements
2. Post-Termination Restrictions: Any applicable non-compete or non-solicitation provisions that survive termination
3. Reference Provision: Terms regarding the provision of future employment references
4. Confidentiality Obligations: Ongoing obligations regarding confidential information
5. Mutual Release: Mutual release of claims between parties, if applicable
6. Outplacement Support: Details of any career transition support services offered
7. Tax Implications: Overview of tax treatment of termination payments
1. Schedule 1 - Performance Review Documentation: Copies of relevant performance reviews and assessments
2. Schedule 2 - Warning Letters: Copies of formal warning letters and performance improvement plans
3. Schedule 3 - Meeting Minutes: Records of performance-related meetings and discussions
4. Schedule 4 - Final Payment Calculation: Detailed calculation of all final payments and entitlements
5. Schedule 5 - Company Property List: Itemized list of company property to be returned
6. Appendix A - Performance Metrics: Documentation of specific performance targets and actual performance
7. Appendix B - Handover Instructions: Details of work handover requirements and procedures
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