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What is the scope of the Engagement and Termination Forms?
All remunerated employment performed on Maltese Territory must be registered with Jobsplus.
The collection and updating of employment records is stipulated in Articles 35-45 (Part V) of the Employment and Training Service Act No. XXXIX of 2018 (Chapter 594) - Jobsplus Act.
The main aim of collecting and processing of employment data is: to provide official employment related documents to the general public and employers (such as employment histories or employees lists); to reply to official requests from public entities and authorities; and to publish statistics regarding the Maltese labour market.
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How can one submit the Engagement and Termination Forms?
The employer has the legal responsibility to fill and submit the engagement and termination forms within the stipulated legal time frames, i.e. on the first day of employment in case of engagements (as per Articles 36 and 37 of the Employment and Training Service Act No. XXXIX of 2018) and within four days after termination of employment (as per Article 40 of the Employment and Training Service Act No. XXXIX of 2018).
Submission of forms can be done through the following methods:
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How do I register an employee (including students or interns) with me or my organisation?
The employer, whether as a self-employed person, household employer or an organisation (i.e. a company, partnership, or non-commercial entity) is legally obliged to submit an engagement form titled “Engagement Form – Employee” for each recruited person (including those on internships), together with the following documents:
- In case of a European Union (EU) National (Cross-Border) – who is joining the Maltese labour market for the first time (i.e. first time in Malta) – a photocopy of the Maltese Residence Card[1] or photocopy of the Passport and the National Insurance Number. If an EU National (Cross-Border) (excluding those who are subject to transitional arrangement) working in Malta opts to pay National Insurance abroad, then the A1 Certificate[2] needs to be submitted together with the Engagement Form.
- In case of Third Country Nationals (TCNs) – a photocopy of the Maltese Residence Card or the Application (Blue paper) with the Temporary Authorisation to Work sticker (issued by Identity Malta) which will authorise them to work in Malta until the actual Residence Card is issued. For more information on recruiting TCNs, kindly visit: https://jobsplus.gov.mt/employers-mt-MT-en-GB/employing-persons/third-country-nationals
- In case of Third Country Nationals (TCNs) who are dependent on an EU (Cross-Border) or Maltese National - Photocopies of the TCN’s Maltese Residence Card and their partner’s Maltese Residence Card (for EU nationals (Cross-Border)) or a Maltese Identity Card (for Maltese nationals).
- In case of Maltese Nationals – one needs to fill in the Engagement Form for those persons who are over 15 years of age or who have already finished their compulsory school age.
In case of School Leavers (as per Article 42 of the Employment and Training Service Act No. XXXIX of 2018) –
- In case of employment of a minor who is still within the compulsory school age, the parent/s or legal guardian/s of the minor need apply for permission with the National School Support Services. If the application is approved, it is forwarded to the Department of Industrial and Employment Relations (DIER) for their approval. The DIER forwards an email with the approval or refusal letter attached, to the employer and to the parents or the legal guardian/s of the minor. The Parent/s or legal guardian/s of the minor who have received the approval can obtain the Social Security number and the employer submits the Engagement Form.
- Minors who are not in compulsory school age may obtain the Social Security number and submit the Engagement Form attaching his/her school leaving certificate or the “Completion of Form 5” form to prove that he/she has finished compulsory schooling.
- Minors above the age of 15 get the Social Security number and submit the Engagement Form.
In case of employers who wish to recruit persons for short periods, such as film extras, the engagement form still needs to be filled for each individual. A list including the name, surname, ID, occupation, Employment type (Full Time/Part Time etc), Work Arrangements (shift, working weekends and evenings etc) and date of engagement together with a signed covering note is required. This is to be send to [email protected]
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How can I register as self-employed person?
A self-employed person who has the intention of recruiting employees with him/her, must first fill the “Engagement Form - Self Employed” to register him/herself (as per Article 37 of the Employment and Training Service Act No. XXXIX of 2018). One must be in possession already of a VAT Number and a PE Number (once the first employee is recruited).
In case of sole owner of a registered Company, the Company has a separate legal status than that of the owner and therefore the person must submit an engagement form as an employee of the Company. The designation of the employee should be that of a Managing Director or Director of the said company. On the engagement form, the Company Number (from Malta Business Registry), VAT Number and PE Number (in case of having employees) should be included.
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How can I register a Company with Jobsplus?
A company can be registered with Jobsplus by means of sending official documentation by email to [email protected] or by post to Jobsplus Gozo, Sir Arturo Mercieca Street, Victoria, Gozo VCT 2024 with the following details:
- Name of Company
- Registered Address of Company
- Company Number – including Malta Business Registry Certificate and Memorandum of Articles (https://registry.mbr.mt/ROC/)
- PE Number
- VAT Number
- Main Activity
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If I rent residential premises, do I need to fill in the self-employed engagement form?
Renting of residential property is to be considered as an income or revenue and not as an employment. As a matter of fact, such income or revenue should be declared at the end of the year to the Inland Revenue Department. Considering that renting of property is generating income not from an employment activity, then this does not constitute an employment and so no engagement form is required.
Nevertheless, if the landlord specifically wants to declare such activity as his/her main source of income (for income tax and national insurance purposes), then an “Engagement Form - Self Employed” needs to be submitted to Jobsplus.
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Do I need to fill an Engagement Form as a Director of a company?
An Engagement Form is required for directors (on a full- or part-time basis) who receive a salary or wage from the company like managing/executive directors. These must be registered as employed and not as self-employed with the company.
However, when a director does not receive a salary but rather a remuneration or honoraria, then no engagement form needs to be presented. The same applies in case of company’s secretaries.
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We are going to be partners in business. Which Engagement Forms need to be filled?
Individuals who are partners in business need to be registered as Partners under a common name and so need to fill the appropriate form (depending on cases shown below) and tick the “Partnership” type box.
In case partners were already registered separately as self-employment with Jobsplus, they need to terminate that employment and open everything under the new partnership name.
In case the new partners also to register themselves as Partnership En Nom Collectif or Partnership En Commandite, then they need to register first with the Malta Business Registry (MBR) and produce the Partnership Certification. In this case, partners are to be considered as employed by the partnership and hence need to fill in the “Engagement Form – Employed". The new partnership needs to have a common VAT Number; and need to acquire a PE number from the Inland Revenue Department.
In case the new partners are to register themselves through a civil partnership agreement (Partnership de Facto ), following the legal procedures set in the Civil Code Cap 16 of the Laws of Malta, then the partners are still to be considered as self-employed but under the new common name of the new partnership. The new partnership needs to have a common VAT Number; and need to acquire a PE number from the Inland Revenue Department in case of new employee under the new partnership.
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I am a Household Employer. Which forms do I need to fill?
A Household Employer is defined as someone who pays an individual to perform duties in or around their home. Household employees include, among others: nannies, senior care workers, and private nurses.
Household employers have the obligations of an employer and thus need to have a PE number like any other employer. The only difference is that s/he does not need to fill in an engagement form for oneself but has the obligation to fill in the engagement form of his/her employees that will be working in the household. These employees are recruited for personal assistance and help around the house and not for commercial purposes, temping or sub-contracting.
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Can a family member help or assist me in my business? If yes, what do I need to do?
Family members need to be registered when operating in a family business by having their engagement form submitted to Jobsplus. According to Article 39 of the Employment and Training Services Act (Chapter 594), “For the purposes of this Act, a person performing work in any place of work shall be deemed to be employed or self-employed.” Voluntary workers can only offer their services to registered voluntary organisations or charitable institutions.
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Does a registered foreign company or sole-owner of a business, located or operating from abroad and employing Maltese or EU Nationals (Cross-Border) abroad needs to submit any engagement?
Given that the Maltese or EU national (Cross-Border) employee is permanently residing and working outside Maltese territory, there is no need of submitting an engagement form to Jobsplus.
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Does a Maltese or foreign company registered, located or operating from Malta employing Maltese, EU Nationals (Cross-Border) and Third Country nationals abroad needs to submit the Engagement Form?
Although the Maltese or EU national (Cross-Border) employee is permanently residing and working outside Maltese territory, however being recruited by an employer registered and operating from Malta demands that an engagement form is submitted to Jobsplus. Non-Maltese nationals have to check with the Department of Social Security whether the payment of their Social Security contributions needs to be done in Malta or in their home country (please contact the Department of Social Security on [email protected] for more information) prior to their actual engagement. No employment license will be required in such instance. However, in the case of Third country national recruited and operating abroad cannot be registered with Jobsplus.
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Does a registered foreign company, located or operating from abroad and employing Maltese or EU Nationals (Cross-Border) working in Malta needs to submit the Engagement Form?
A Foreign company registered, located or operating abroad needs to first acquire a PE Number issued by the Inland Revenue Department in order to be able to employ Maltese or EU Nationals (Cross-Border) in Malta. Once the PE number is issued, then such foreign company is registered in Malta and thus engagement forms for recruited employees need to be submitted to Jobsplus.
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If I need the services of a Posted Worker[3], do I need to fill in an Engagement Form?
A posted worker is defined as 'a person who, for a limited period of time, carries out his or her work in the territory of an EU Member State other than the state in which he or she normally works' (Council Directive 96/71/EC)
Considering that the person is not an employee of the employer or organisation assigned to, then one does not need to fill in an engagement form. However, the employer in Malta - to whom the posted worker is assigned to - must notify the Department of Industrial and Employment Relations (DIER) of his/its intention to post a worker in Malta. Registration with the DIER needs to be affected within twenty four (24) hours of commencement of work. The employer can contact the DIER on telephone number (+356) 21224245/6 or through an e-mail: [email protected].
If the posted worker is a third country national (TCN) who is employed and posted by an undertaking that is established in an EU/EEA country, then there is no need to go through the employment licence procedure in Malta unless such posted worker already holds an employment license issued in the country where the posting undertaking is established.
If the foreign national, who is posted in Malta, is recruited by an undertaking established outside an EU/EEA country, then an employment license needs to be issued by the Jobsplus’ Employment Licence Unit (ELU) if such posting is for less than 2 years time frame. In case the employment period is expected to exceed the 2 years, then a single permit is required to be issued through Identity Malta.
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Do I need to inform Jobsplus’ Employment Records Unit in case my organisation undergoes any of the following situations: Transfer of Business | Merger | Buy Out | or Change in Company Name?
Yes. However, documentation required might vary depending on the case under review.
- If the organisation undergoes a Transfer of Business (even partially), Merger or Buy Out, Jobsplus needs to be provided with:
- A signed and stamped declaration by Company A (the recipient organisation) stating and confirming that there has been the transfer of employees on a particular date (transfer date to be listed) from Company B (sending organisation) to Company A (recipient organisation). In this declaration, the new employer (Company A) must also state that:
- all employees will retain the same conditions and benefits as enjoyed by the previous employer (Company B);
- a reference is made to the continuation of employment vis-à-vis the employees. In other words, the Employer’s declaration should confirm that the movement from one Company to another should not be considered as a new employment, but merely a continuation of the previous employment.[4]
- A current List of Employees including the designation of each employee, the type of contract and whether the employment is on full-time or part-time basis.
Employers can make use of the following form: Declaration of Transfer of Business | Merger | Buy-out
- In case of a change in the name of the company, the organisation must submit the following documents:
- An amended Malta Business Registry Certificate of Registration
- Current List of Employees including the designation of the employee, the type of contract and whether the employment is on full-time or part-time basis.
- Declaration Letter signed by the Director/s of the organisation, confirming that the name of company has been changed from A to B with effect from a particular date (state the date of the change).
Important Notice: In all of the above cases, before the transfer or change is affected, it is important that the employer notifies Jobsplus of:
- any employees not yet registered with the Sending Organisation (Company B) must have their engagement form submitted to Jobsplus prior to the actual transfer date; and
- any employees who were no longer employed with the Sending Organisation (Company B) but are still shown as active, need to be terminated (by submitting a termination form) prior to the actual transfer date.
- It is important to note that any Third Country Nationals (TCNs) that was previously employed in Company A needs to have his/her employment licence transferred by Identity Malta to Company B prior to being registered or transferred with the new company.
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Which forms do I need to submit to change the employment status (full-/part-time) of my employee?
The employer, who changes the employment status of his/her employee, must:
- Fill a Termination Form to close the first employment status. The reason of termination for this transaction should be selected from the section “Changes within the Organisation” category list, depending to the case.
- Register the new employment status by filling a new Engagement Form for the employee.
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If a definite contract is extended, do I need to submit a Termination Form and then an Engagement Form?
There is no need to inform Jobsplus of the extension of an employee contract provided that the conditions of work remain the same. Once the contract is no longer extended, then a termination form needs to be submitted.
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If I need to use the services of an intern with my organisation, what kind of information do I need to submit to Jobsplus?
Internships and/or Traineeships, are understood to consist of a limited period of work practice spent at businesses, public bodies or non-profit institutions (referred to as the ‘receiving organisation’) by students or persons that recently completed their studies, in order to gain valuable hands-on work experience ahead of taking up regular employment.
Internships/Traineeships can be described as a form of work practice which includes a training component. Interns are allowed to document practical work experience as part of their individual CV, to gain work practice for the purpose of facilitating the transition from education and training to the labour market and/or as required in educational curricula.
They are predominantly short- to middle-term in duration with most internships ranging from just a few weeks up to 6 months, with a maximum duration of 12 months. Internships/traineeships within education can be an optional or mandatory part of the curriculum of the graduation procedure.
Internships/traineeships, whose operations are governed by the Work-Based Learning and Apprenticeship Act (Act No. III of 2018), are considered as having an employment relationship and as such hosting organisations should submit an Engagement Form. However, in those instances where the Interns/trainees are third country nationals, the receiving organisation needs to apply for an Employment Licence.
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