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Termination of a definite working contract in Malta

Last activity 10 January 2018 by Fionn

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JuliaAbroad

Hello,

Usually I'm just reading this forum to find quick advice but now I wasn't able to find information about the problem I have. I hope somebody can help me :)

I'm working since May 2017 with a company but for a while now I'm looking for a new job, because I'm not really happy. Now I probably found a new one (I'm only waiting for the confirmation but they already asked me when I would be able to start) and was therefore checking the legal termination notice period.
My problem: I'm having a 2 year contract. I didn't think anything bad when I signed it but now I've found this information regarding the termination:

Where there is not a justified reason to terminate an employment that is on definite basis after the probation period, the party who breaches the contract is liable to pay the other party a sum equal to one-half of the full wages that would have accrued had the contract of employment remained in force. (source: https://dier.gov.mt/en/Employment-Condi … ermination of Employment/Pages/Fixed-Term-Contracts.aspx)

Do I have to pay in any case this "penalty? I have more than one year left, so it would be a lot, and I won't be able to pay this. Or did I understand anything wrong? For me it seems weird that I cannot quit my job.
I hope that there is a solution or that I only understood something wrong.

Any help or advice is appreciated.
Thanks :)

Julia

Fionn

JuliaAbroad wrote:

Hello,

Usually I'm just reading this forum to find quick advice but now I wasn't able to find information about the problem I have. I hope somebody can help me :)

I'm working since May 2017 with a company but for a while now I'm looking for a new job, because I'm not really happy. Now I probably found a new one (I'm only waiting for the confirmation but they already asked me when I would be able to start) and was therefore checking the legal termination notice period.
My problem: I'm having a 2 year contract. I didn't think anything bad when I signed it but now I've found this information regarding the termination:

Where there is not a justified reason to terminate an employment that is on definite basis after the probation period, the party who breaches the contract is liable to pay the other party a sum equal to one-half of the full wages that would have accrued had the contract of employment remained in force. (source: https://dier.gov.mt/en/Employment-Condi … ermination of Employment/Pages/Fixed-Term-Contracts.aspx)

Do I have to pay in any case this "penalty? I have more than one year left, so it would be a lot, and I won't be able to pay this. Or did I understand anything wrong? For me it seems weird that I cannot quit my job.
I hope that there is a solution or that I only understood something wrong.

Any help or advice is appreciated.
Thanks :)

Julia


Please see: https://www.expat.com/forum/viewtopic.p … 28#4021762

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