Legal advice on employment contract termination

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Dingles New member

Member since 29 April 2013

DinglesNew member05 November 2014 08:32:54

Hi Expats :-)

I was recently terminated from my position, and am now struggling to get my notice pay from my employer. I am aware that the minimum notice period set by law is 1 week, but my employment contract has a very bold clause that states that either the employee or employer is to give 8 weeks notice in the event of early termination, regardless if it is during probation or not. My understanding of the labour law is that as long as the minimum requirements are met in a contract, the employee and employer can agree on a longer period and this will supersede the labour law. Am I understanding this correctly?

My employer is not responding to any of my follow-up calls/emails, as they have stated that the matter is closed and they will only be paying 1 week notice as per law.

Can anyone shed some light on this?

Thank you in advance :-)

ricky ViP

Member since 06 September 2009

rickyViP05 November 2014 10:51:02

3522

Hi Dingles,

without exact knowledge of your contractual details and position it is very difficult to give advice and only a lawyer is allowed to give legal advice in Malta.

I would advise you to contact the GWU or a lawyer of your choice to possibly make a claim/case.

Cheers
Ricky

Darrylv Active member

Member since 26 June 2012

DarrylvActive member05 November 2014 11:42:03

I agree with Ricky but can add from my personal experience in a similar position earlier this year but as the employer which might help.

Here’s a copy of the legislation I was referring to:
http://ec.europa.eu/internal_market/fin … -ml-mt.pdf

States that:
‘during the probationary period the employment may be terminated at will by either party without assigning any reason:

Provided that a week’s notice of the termination of employment shall be 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.

I learnt from my experience that the one week notice period during the probationary period emerges from the law therefore neither party can contract out of this. Although my contract stated two months’ notice to be given by either party to terminate this could not apply during the probationary period and that one weeks’ notice given by the employee was sufficient.

Dingles New member

Member since 29 April 2013

DinglesNew member05 November 2014 12:06:46

Thanks for the replies :-) Much appreciated!

ricky ViP

Member since 06 September 2009

rickyViP05 November 2014 12:35:35

3522

Hi Darrylv,

thanks for your input.

This forum lives very much from personal experience and from information about both sides of an issue such as this.

Cheers
Ricky

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