The rules differ for indefinite and fixed-term jobs, and probation matters. Malta’s Employment and Industrial Relations Act also sets limits involving pregnancy, maternity leave and certain work-related injuries.
| Situation | What to know |
|---|---|
| My employer told me to leave immediately. | That does not automatically mean notice pay is lost. Check your contract type, probation status, length of service and the reason given. |
| I am in probation and have worked there for more than one month. | One week’s notice applies. Approved leave of two weeks or more can suspend probation, and dismissal is not allowed during that suspension. |
| I have an indefinite contract and probation has ended. | The ordinary employer notice rule applies to redundancy. The Act also permits dismissal without notice for good and sufficient cause, but the legal test depends on the facts and certain grounds are expressly excluded. |
| I believe I was unfairly dismissed. | DIER says an unfair-dismissal complaint may be lodged with the Industrial Tribunal within four months of termination. Other claims may have different deadlines. |
| My Single Permit job ended. | Identità says a 30-day period to seek alternative employment applies to covered terminations from 1 August 2025, with a further 30 days potentially granted on proof of financial self-sufficiency. Confirm your individual position; this is not permission to start work for another employer. |
First, what does “without notice” mean?
An employer may tell you to stop working immediately, but that does not always mean you lose notice pay or other final entitlements. The answer depends on whether your contract is indefinite or fixed-term, whether you are still in probation, how long you have worked there and why the employer ended the job.
For an indefinite contract after probation, the Employment and Industrial Relations Act says an employer may terminate on redundancy grounds, subject to an exception for good and sufficient cause. Calling conduct “misconduct” does not by itself establish that exception; whether the facts meet the legal test is case-specific.
If you are still in probation
During probation, either party may generally end the employment without giving a reason. If you have worked continuously for the same employer for more than one month, one week’s notice is required. If the employer does not let you work that notice, ask whether notice pay is due.
Probation is not always six months. DIER describes a standard six-month period for indefinite contracts, a one-year period for certain higher-paid technical, executive, administrative or managerial roles, and proportionate periods for fixed-term contracts. A shorter period may be agreed. Approved leave of two weeks or more suspends probation, and DIER says a worker cannot be dismissed during that suspension.
If you are pregnant and dismissed during probation, DIER says the employer must give written reasons justifying that the dismissal is unrelated to your pregnancy.
If you have an indefinite contract and probation has ended
For redundancy, the statutory notice period depends on continuous service: one week for more than one month up to six months; two weeks for more than six months up to two years; four weeks for more than two years up to four years; eight weeks for more than four years up to seven years; then an extra week for each further year or part-year, up to twelve weeks. Longer periods may be agreed for certain technical, administrative, executive or managerial roles.
If the employer gives notice but tells you not to work some or all of it, DIER says full wages are due for the unexpired notice period. This is separate from outstanding wages, overtime, leave and bonuses due proportionately when the job ends.
The Act says pregnancy or absence from work during maternity leave cannot be used as good and sufficient cause. It also says notice cannot be given during maternity leave. Separately, the Act bars dismissal of a whole-time female employee during maternity leave and during the specified five-week period afterward if she is incapable of work because of a pathological condition arising from confinement. If any of these circumstances may apply, preserve relevant messages and documents and seek prompt advice.
The Act also restricts termination, without the employee’s consent, during incapacity caused by a personal injury in an accident arising out of and in the course of work or by a specified occupational disease. That protection is limited to the first twelve calendar months of incapacity. Keep the employer’s stated reason and records that may help establish the dates and circumstances.
If your contract is fixed-term
Do not use the indefinite-contract notice table for a fixed-term job. During probation, one week’s notice applies after more than one month of employment. After probation, the Act generally provides for compensation equal to half the wages for the unexpired part of the contract if the employer ends it early, unless there is good and sufficient cause. DIER’s current summary specifically describes this payment for an employer ending a post-probation fixed-term contract on redundancy grounds. The reason, contract and circumstances matter.
If you think the dismissal was unfair
DIER says an employee alleging unfair dismissal can complain to Malta’s Industrial Tribunal within four months of termination. That deadline is for an unfair-dismissal complaint; another kind of claim may have a different route or time limit. If you may challenge the dismissal, act promptly rather than waiting for discussions with the employer to finish.
Keep your contract, termination message or letter, payslips, leave records and any Jobsplus termination form. Ask the employer for the reason for termination and a breakdown of final pay if these are unclear. Identità describes employer permit-reporting duties for covered non-EU employment permits; those duties are separate from whether the dismissal complied with employment law.
If you are a non-EU national, check your permit separately
A Single Permit combines residence permission with an employment licence for the named employer; it does not by itself let you work for another employer. Identità says that for covered terminations from 1 August 2025, a holder has an initial 30 days to seek alternative employment and may be granted a further 30 days on proof of financial self-sufficiency. Identità’s FAQ also describes loss of legal status when the permit’s employment basis ends, alongside that grace-period guidance. Confirm your individual residence position and any extension directly with Identità; do not treat the grace period as permission to start a new job.
A change of employer requires the relevant application. Do not assume that a pending application, renewal or approval in principle lets you work for a new employer or automatically regularises your residence position; check the specific permit and whether Identità has issued interim work authorisation.
These Single Permit rules do not cover every nationality or residence route. EU nationals and people with study, family, long-term-resident or other permits may have different work and residence conditions. Check the terms of your own status rather than assuming that the Single Permit rules apply.
Questions people ask
Can my employer make me leave immediately?
Your employer may tell you to stop working, but you may still be owed notice pay or other final entitlements. Check your contract type, probation status, service length and the reason for dismissal.
If my employer says I am dismissed for misconduct, does that automatically mean no notice is due?
No. For an indefinite contract after probation, the Act provides for dismissal without notice for good and sufficient cause, but whether the facts meet that test is case-specific. Some grounds, including pregnancy or absence during maternity leave, cannot be used as good and sufficient cause.
How long do I have to challenge an unfair dismissal?
DIER says an unfair-dismissal complaint may be referred to the Industrial Tribunal within four months of termination. Other claims may have different deadlines.
Can I start a new job while my Single Permit employer-change application is pending?
Do not assume so. Identità says a Single Permit is tied to the identified employer. Check whether your permit or an interim authorisation actually allows you to work for the new employer.
Sources
- Employment and Industrial Relations Act, Cap. 452, article 36
- DIER: Probation Period
- DIER: Starting a New Job FAQs
- DIER: Notice Period
- DIER: Compensation in Lieu of Notice
- DIER: Fixed Term Contracts
- DIER: Termination of Employment FAQs
- Identità: Single Permit
- Identità: Non-EU Employment FAQs
- Identità: Information for Non-EU Nationals and Prospective Employers
- Identità: Termination
- European Union: Working abroad
General information, not individual immigration or legal advice. Confirm your own status and current requirements with the relevant authority.