For an indefinite contract after probation, statutory notice is one to 12 weeks, based on continuous service with the same employer. Probation, fixed-term contracts and certain specified roles have different rules.
| Situation | What to know |
|---|---|
| I have an indefinite contract and have finished probation. | Statutory notice ranges from one week after more than one month of service to 12 weeks after more than 10 years. The period is based on continuous service with the same employer. |
| I am still in probation. | One week’s notice applies during probation once you have worked continuously for the same employer for more than one month. If you have worked a month or less, check your contract or ask DIER rather than assuming no notice is required. |
| I want to leave a fixed-term contract early. | During probation, the one-week notice rule applies after more than one month of continuous service. After probation, leaving before the agreed end date may make you liable for half the wages for the remaining term, subject to the good-and-sufficient-cause exception. |
| I hold a Single Permit and have been terminated. | For relevant Single Permit holders terminated from employment on or after 1 August 2025, Identità describes a 30-day period to remain in Malta and seek new employment, with a possible further 30 days if financial self-sufficiency is proved. This is not permission to work for a new employer. |
Notice for an indefinite contract
If you have an indefinite contract and have finished probation, your statutory notice depends on how long you have worked continuously for the same employer. The bands run from one week after more than one month of service to 12 weeks after more than 10 years.
The statutory bands are: more than one month to six months, one week; over six months to two years, two weeks; over two years to four years, four weeks; over four years to seven years, eight weeks; over seven years to eight years, nine weeks; over eight years to nine years, 10 weeks; over nine years to 10 years, 11 weeks; and over 10 years, 12 weeks.
A specific continuity rule can affect your service calculation if you return to the same employer: for notice purposes, an indefinite-contract period of less than six months followed by another period in the same class of employment that starts within six months is treated as continuous. Check whether your previous and current roles meet those conditions.
During probation, one week’s notice applies once you have worked continuously for the same employer for more than one month, regardless of contract type. DIER states that probation length varies with contract type and role, may be agreed shorter, and can be suspended for certain approved absences of two weeks or more. Its one-week rule is not specified for employees with a month or less of service, so check your terms or ask DIER instead of assuming no notice is due.
When notice starts and when you can leave
Your notice period starts on the working day after you give notice. Use the notice date and your applicable work calendar to calculate the end of the period, and confirm your final day with your employer in writing.
After you give notice under an indefinite contract, your employer may let you work until the period expires or pay the wages due for its unexpired part. If you want to leave earlier by agreement, ask for the release and final date in writing rather than assuming you have been released from notice.
Longer notice may be agreed for technical, administrative, executive or managerial posts. This is a specific exception, not a general rule for every job; DIER also says the established notice period cannot be extended. Check your role and written terms, including any applicable collective agreement, with DIER if they appear to require a longer period.
If you have a fixed-term contract
A fixed-term contract has an agreed end date, so the indefinite-contract notice table does not apply in the same way. During probation, one week’s notice applies after more than one month of continuous service. After probation, an employee who leaves before the agreed end date may have to pay half the wages for the remaining contract period. The law provides an exception where there is good and sufficient cause, so the payment is not automatic in every case.
What could happen if you do not work your notice?
For an indefinite contract, an employee who fails to give the required notice may be liable to pay half the wages that would have been due for the notice period. The law provides an exception for good and sufficient cause. This is separate from the possible payment for leaving a fixed-term contract early, which is based on the remaining contract period.
Before resigning, check your contract type, continuous service, probation end date and written notice terms. If a payment or deduction is disputed, ask DIER for guidance before agreeing to it.
If you hold a Single Permit
Resigning does not make your Single Permit a general permission to work for another employer. Identità says the permit depends on the specific employment and employer for which it was issued; the same permit is not valid for work with a different employer or in a different position. This concerns relevant non-EU permit holders, not Maltese or EU citizens, and other residence routes may have different conditions.
For Single Permit holders whose employment termination is on or after 1 August 2025, Identità’s current FAQ describes an initial 30-day period to remain in Malta and seek new employment. It says a further 30 days may be granted if the person proves financial self-sufficiency. This is a residence grace period, not permission to work for a new employer; confirm how the rule applies to your permit and circumstances with Identità.
Separately, Identità says a new employer may submit a change-of-employer application before your current employment ends. If employment has already ended, an application submitted within 60 days may be considered for processing. That processing window is not itself work authorisation, and a pending application does not automatically let you start the new job. Identità distinguishes an Approval in Principle from an Interim Receipt with Temporary Authorisation to Work; check the document and conditions issued for your case before starting work. For more on what follows a job ending, see Lost Your Job in Malta?
Identità says the employer must report termination to Jobsplus and Identità within four days of the termination date. This is the employer’s reporting duty; it does not by itself establish your right to remain in Malta or work after your job ends.
Questions people ask
Does notice start on the day I resign?
No. Under Article 36(7), the notice period starts on the working day after notice is given. Use the applicable work calendar to calculate the end date, and confirm it with your employer.
Can I leave before my notice ends?
Do not assume you can leave early without consequences. Ask your employer to confirm any early release and your final date in writing. For an indefinite contract, the employer may allow you to work through notice or pay the wages due for its unexpired part.
Does the notice period change if I have worked for my employer before?
It may. For an indefinite contract, a period of employment shorter than six months followed by another period in the same class with the same employer within six months is treated as continuous for notice purposes.
Can I work for a new employer while a Single Permit application is pending?
Do not treat a pending application or receipt alone as permission to work. Identità distinguishes an Approval in Principle from an Interim Receipt with Temporary Authorisation to Work. Check the actual document and conditions issued for your case.
Sources
- Department for Industrial and Employment Relations (DIER), Termination of Employment FAQ
- DIER, Probation Period
- DIER, Notice Period
- DIER, Fixed Term Contracts
- Employment and Industrial Relations Act, Chapter 452, Article 36
- Identità, Expatriates FAQ: Non-EU Employment
- Identità, Non-EU Nationals – Termination
- Identità, Change of Employer
- Identità, Single Permit Application
General information, not individual immigration or legal advice. Confirm your own status and current requirements with the relevant authority.