HR-EMPLOYEE-CONTRACT-AGREEMENT
HR-EMPLOYEE-CONTRACT-AGREEMENT
Operative Law
Herein represented by the managing director of the one part (Here in after referred to as “ The
Employer “) and
1. Commencement
1.1 Employment will begin on..(Subject to work permit approval).. and continue until terminated as set
out in clause 1.2 and 6
of the guidelines.
2. Place of work
2.1 The Company engages THE EMPLOYEE and THE EMPLOYEE accepts employment with The
Company to work in various and different Locations and or clients and places as required by the
employer; this may be but not limited to, Hospitals, homes, businesses, factories, or buildings in
and around Malta and Gozo
3. Job description
3.4. The functions and duties of the employee shall be outlined by THE COMPANY, in the job description
but from time to time may issue such directives as the company may consider appropriate to THE
EMPLOYEE for the proper performance of THE EMPLOYEE’S duties
4. Hours of work
4.1 Normal working hours will be of 173.33 hrs per month an average of 40 hrs per week, made up as
follows
[] SHIFT running system - Monday to Sunday - or - [* ] OFFICE running system - Monday to Friday
4.2 Working hours are subject to change according to client’s specifications. Employees also note that
they work for MCCS Co. Ltd and not directly with client, all problems and queries are to be
addresses to your supervisor or operations management.
4.3 Breaks
For 8 hr shift an hour break is allowed which will be taken when possible between 1 pm and 2 pm. For
12hrs Shifts 1.5hrs break will be allocated
4.5 Overtime
Will only be worked as agreed from time to time, and rates agreed with operation dependant on
priority client account or project
4.6 Standby will be done if agreed from by operations from time to time.
5. Wage
5.1 The employees wage shall be paid in cash \ cheque or by bank transfer on the last working day of
the 1st week of every month, not later than 7th of the each month and shall be:
€ 121.16 EURO
MARCH Bonus
€ 135.10 EURO
JUNE Bonus
€ 121.16 EURO
SEPTEMBER Bonus
€ 135.10 EURO
DECEMBER Bonus
EMPLOYEE CONTRACT AGREEMENT
5.3 The employer shall review the employee’s salary/wage on or before 1 November of every year.
6. Termination of employment
6.1. Either party can terminate this agreement with one week notice during the first six months of
employment and with four weeks’ notice thereafter. Notice must be given in writing except when it
is given by an illiterate domestic worker. In the case where the domestic worker is illiterate notice
must be explained orally by or on behalf of the employer. Notice for termination will be according
article 36 of the EIRA Legislation.
6.2. The first 6 months of employment will be probation period in case of both definite and indefinite
contract a one week notice still applies.
6.3. Tender notice over six months will be according article 36 of the EIRA
Legislation. Notice must be in written communication to office
6.4. Any 3 written warnings given to the Employee will be subject to terminate the employment.
6.5. Any ill conduct, breaking of civil law, the Employee will be subject to terminate the employment
6.6. Any health and safety accidents leading to investigation and finding the employee at fault will lead to
dismissal
6.7. Any vandalism or destruction of company equipment or property shall lead to dismissal
6.8. The Company can terminate the employment before the one year period by giving notice to the
employee in according to Government Regulations. Indefinite contract employee have to give
NOTICE to the employer, if notice is given he/she is liable to pay the employer half wages that
would be payable in respect of that NOTICE. If an employer fails to give required notice, he is liable
to pay the employee wages that would be payable to the worker in respect of NOTICE.
6.9. During the probationary period, employment contract may be terminated at will by either party
without assigning any reason provided that a week’s notice of the termination is given to the other
party in the case of an employee who has been in the employment of the same employer
continuously for more than one month.Sources:36 of the Employment and Industrial Relations Act
(CAP. 452) last amended by Act IV of 2015
6.11. Before terminating a definite term contract, the contract terminating party (employer or employee)
has to give due notice in accordance with the prescribed Law, to the other party. On receiving the
notice from the employer, and or employee has the option to either continue working until the end
of notice period or, at any time during the period, require the employer to pay him half the wages
that would be payable in respect of the unexpired notice period. If contract termination notice has
been served by the employee, an employer may allow the worker to continue work or, at any time
during the currency of notice, pay the worker wages that would have been payable in respect of the
unexpired period of notice.
EMPLOYEE CONTRACT AGREEMENT
6.12. The contract termination notice for both worker and employer depends on the length of worker's
continuous service with the employer and is one week for one to six months of employment; two
weeks for six months to twenty-four months (two years) of employment; four weeks for twenty-four
(two years) to forty-eight months (four years) of employment; and eight weeks for forty-eight (4
years) to eight-four months (seven years) of employment. For more than seven years of service, an
additional week of notice is added for every subsequent year of service or part thereof however the
maximum length of notice period is 12 weeks. Longer notice periods may be agreed by the parties
in the case of technical, administrative, executive and managerial posts.
6.13. Notice of termination may not be served if an employee is pregnant, has recently given birth or is
breastfeeding. A termination notice may not be served during the period of incapacity for work.
6.14. If an employee is on a definite contract and leaves or terminate his contract before the year end
the employer will deduct the cost of engagement to include flight tickets, visa costs and any
expense related to his employment pro- rata to the number of weeks worked (total cost, divided 52
by multiplied by number of weeks remaining on contract)
7. Public Holidays
7.1. Any work on holidays will be by agreement and will be paid according to company guidelines 5.2 and
the law.
8. Annual Leave
8.1 The employee is entitled to 24 days paid leave after every 12 months of continuous service. Such
leave is to be taken at times convenient to the employer and the employer may require the
employee to take his/her leave at such times as coincide with that of the employer.
9. Sick leave
9.1 Sick leave according to Law. During every sick leave cycle of 12 months the employee will be
entitled to an amount of paid sick leave equal to one third of the value of the days not taken sick.
9.2 During the first six months of employment the employee is not entitled paid sick leave.
9.3 On account of sickness and absence employee shall notify by telephone to THE COMPANY by not
later than 06.45am. on the first day of absence. In case of sick leave all employees are to phone
the office only (No other person unless hospitalized) on Office Number +356 2279 7400 . The
employee is to notify the employer as soon as possible in case of his/her absence from work
through illness.
9.4 A medical certificate is required if absent for more than 2 consecutive days or has been absent on
more than two occasions during an eight-week period.
9.5 Leave and Sick leave will be paid one month backwards.
10.1 All female employees, both on full-time are entitled to maternity leave. Whereas full-time
employees are entitled to (18) eighteen weeks of paid maternity leave (14 Weeks are paid by
employer and 4 weeks are paid by the Government.
All Part-time employees are entitled to (18) eighteen weeks of paid maternity leave (14 Weeks are paid
by employer and 4 weeks are paid by the Government on pro rata basis.
EMPLOYEE CONTRACT AGREEMENT
The employee has to utilize the maternity leave by taking six weeks of maternity leave
immediately after the date of confinement. Moreover, as discussed with the employer, the
female employee could avail of four weeks immediately before the expected date of
confinement.
10.2 The outstanding balance could then be taken altogether or segregated in part immediately
before or after. At least four weeks prior to the commencement of the maternity leave, a written
notification is to be given to the employer by an employee. The employee is also still entitled to
leave during the maternity leave.After the expiration of the maternity leave, the employee is
obliged to work for a period of six months. If the employee does not satisfy this criterion, then
the employer is entitled to request the employee for a refund of payments made during the
maternity leave. should the employee refuse, the employer has the right to take action against
the employee.
11.1 The employee will be entitled after the first cycle of 12 months 5 days (in cases were death in the
immediate family takes place) of family responsibility leave during each leave cycle if he or she
works on at least four days a week. In case of birth the father is allowed 3 days of family
responsibility leave
12.1 All employees working at customer sites must attend work wearing full uniform and safety shoes.
12.2 Employees who do not attend work wearing uniform will be charged 0.50 EURO each time deducted
every month. (Money collected will be forward to the Charity at the end of the year).
12.3 The employee may be sent back home and the hours taken shall be deducted from their pay
12.4 A set of uniforms will be supplied to the employee at cost by the employer and if returned in good condition
will be refunded 50% of the value.
12.6 Mobile phones are to be switched to silent while on duty especially at client sites
12.7 Equipment will be given to each employee; the employee will be responsible for his equipment.
Changing of equipment will only be done through exchange of the damaged equipment; if the
equipment becomes missing or damaged through carelessness the employee may be charged for
the cost of replacement
12.8 Equipment will be given to each employee who will be responsible for his equipment. Changing of
equipment will only be done through exchange of the damaged equipment
13 Conduct
13.1 THE EMPLOYEE shall at all times conduct him/herself in a reasonable manner, observe all rules and
Regulations applicable to his/her place of work carry out to the best of her ability the lawful order of
his/her superiors, perform his/her duties with diligence and efficiency, promote the interests of THE
COMPANY and safeguard THE COMPANY’S property; Please also see Company Code of Conduct
EMPLOYEE CONTRACT AGREEMENT
14.1. Ever team will be entitled to benefit from ‘Team of the Month’. This will be based on the efficiency,
KPI and performance of the team. Bonus or gifts will be awarded to the best team
14.2. The employee may escalate any issues or problems to the head office via his manager or supervisor
using the proper forms – which will be handled via the Review Board
14.3. The EMPLOYEE shall not enter into a contract of/for service with any company clients for a period of
thirty days, after terminating his/her employment contract .
14.4. During the term of the contract, THE EMPLOYEE shall not without the consent of THE COMPANY
carries on, or be engaged or interested in any other business, trade or calling whatsoever.
14.5. Other than in the normal course of the duties or with the prior written permission of the company,
THE EMPLOYEE shall not divulge or communicate to any person any information relating to THE
COMPANY’S business, which comes to the employee knowledge during the course of employment.
THE EMPLOYEE has to sign a declaration of secrecy or to sign any acknowledgement or undertaking
that THE COMPANY may deem necessary or advisable – in addition to this the company may deem
for the employee to sign a confidentiality agreement were required
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16. General
Any changes to the written particulars will only be valid if agreed to by both parties and initialed.
Acknowledgement by employee:
……………………………….. ………………………………..
On behalf of the Employee Signature
EMPLOYER
Passport No:
Date: …………………………