Frequently Asked Questions related to filling of employment 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.

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:

• Employer’s online service on Jobsplus’ website – Employer can submit electronically the Engagement and Termination forms after opening an account (employer profile) with Jobsplus - https://jobsplus.gov.mt/register
• By email – Employer/Self-Employed person can submit the Engagement and Termination forms  by means of an email addressed to [email protected]

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]

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.

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

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Requests for amendments and updates can only be made through the Employment Records Unit (ERU). Thus, request for amendments must be forwarded to ERU either by means of email to [email protected] or by post to Jobsplus Gozo, Sir Arturo Mercieca Street, Victoria, Gozo VCT 2024.

Modifications to any field in the employment forms can be amended by Jobsplus’ Employment Records Unit provided that the following conditions are satisfied:

• An official request to Employment Records Unit through a letter or declaration by the employer, whereby the reason for requesting the modification is clearly stated; and
• The declaration must be signed by both the employer and the employee.

If there is a disagreement between the employer and employee and documents requiring modification are not signed by both, then the employee/employer/self-employed will be asked to present their case and make their appeal for consideration by the National Employment Authority (NEA). The NEA contact information includes:

• National Employment Authority, Block C, Beltissebħ, Floriana (https://education.gov.mt/en/Ministry/Pages/boards/National-Employment-Authority.aspx)
• Contact person: Mr Joe Gauci, NEA Secretary ([email protected])
• Contact phone: +356 25982981/2

In cases of a change in designation, promotion or lateral transfer, the employer must send an Official Declaration with the following information:

• Name, Surname and Identification number of the employee in question;
• The title of the previous Designation (From)
• The title of the new Designation (To)
• The Effective date of the New Designation

The Official Declaration needs to be signed by both the employer and employee. Consequently, there is no need to fill up any Engagement or Termination Form when notifying Jobsplus with such changes within the organisation.

In case of an addition of a new designation on-top of the present designation, the employer must send an Official Declaration with the following information (similar to a promotion):

• Name, Surname and Identification number of the employee in question;
• The title of the previous Designation (From)
• The title of the new added Designation (To)
• The Effective date of the New Added Designation

In case of a change in designation for persons covered by an employment license, the process is a bit different since the employer can only update the designation when renewing the employment license. Promotions follow the same process considering that an employment license is issued on a particular designation or occupation.

Jobsplus’ Employment Records Unit can issue two documents to employers:

• The Employees' List – this is a document containing a list of all active employees with a specific employer at a particular point in time (specific date).
• The Employees’ Turnover – this is a list that shows all persons that are in employment or that have been terminated  by a particular employer within a specific date range.

The employer may request an unofficial version of the above documents, free of charge, by means of an email to [email protected] or by post to Jobsplus Gozo, Sir Arturo Mercieca Street, Victoria, Gozo VCT 2024.

If an official Employees List is requested, the employer (or an authorised representative) can obtain such list from any Jobsplus outpost against an administrative charge of €23.

An employer choosing to send a representative to collect documents on his/her behalf from one of Jobsplus’ offices, must present a signed “Application for Information Form” together with the Identification cards of both the employer and the person collecting the information.

If the employer is a registered company, and the one making the request is not registered with the said company (not listed as a director or owner for one reason or other), then the Memorandum of Articles must be presented in addition to the above mentioned documents in order to confirm ownership or directorship. 

In order to modify one’s Employment History, one needs first to identify which employment needs updating or modification. Once the employment is identified, then the employer related to that employment transaction needs also to be identified.

If the employer in question is still active (in operation), then one (as an ex-employee) needs to contact this employer in order to acquire the desired employment form(s) or promotion notification and submit it to Jobsplus for eventual update.

However, if the employer is no longer in operation (i.e. employer closed down, has passed away or no longer exists), then:

• If the modification required relates to a missing termination form, then the ex-employee needs to submit to Jobsplus his/her latest FS3 (Tax) Document or an NI Contributions Document, together with a Declaration letter stating his/her Termination Date as well as the Termination Reason. If the ex-employee cannot provide either an FS3 Document or an NI Contributions Document, then s/he must make a Declaration indicating clearly the termination date and the reason of termination. The reason of termination needs to be restricted to the ones listed in the Termination Form.
• If the modification required relates to a promotion, then ex-employee needs to submit any available official documentation s/he might have from his/her ex-employer in order to create such promotion. Without any evidence, the employment history cannot be updated (even if a Declaration is made or an Affidavit is taken).