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Managing Organisational Changes

• Which forms do I need to submit to change the employment status (full/part-time or definite/indefinite) of my employee?

  The employer, who changes the employment status of his/her employee, must:

  • Submit a termination 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 submitting an engagement for the employee.

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• If a definite contract is extended, do I need to notify Jobsplus?

  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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• What needs to be done if I need to make a change in the occupation or designation (including promotion / lateral transfer) ?

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

  • 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) to [email protected]:

  • 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 promotion or a change in designation for third-country nationals (TCNs) covered by an employment license (issued in the name of the employer) or a single permit, the process is a bit different since the licence/permit is issued on a particular designation or occupation. In these cases, the employer can  only update the designation/occupation when renewing the employment license/single permit. Once the employment licence/single permit has been issued, the employer must submit the termination form and the engagement form in order to update the designation/occupation.

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• What should I do if my organisation undergoes any of the following situations: Transfer of Business | Merger | Buy Out | or Change in Company Name?

  It is essential to inform Jobsplus in these situations, and the required documentation varies based on the specific case:

  Transfer of Business, Merger, or Buy Out:

  You need to provide a declaration from the recipient organisation (Company A), confirming the employee transfer from the sending organisation (Company B). This declaration should:

  • Confirm all employees will keep their existing conditions and benefits;
  • State that this move should be seen as a continuation of the employees' previous employment[i], not new employment;
  • Include a list of employees being transferred, detailing each person’s role, contract type, and whether they’re employed on a full-time or part-time basis.

  Employers can make use of the following form: Declaration of Transfer of Business | Merger | Buy-out

  Change in Company Name:

  • Submit an updated Malta Business Registry Certificate showing the new company name;
  • Provide a current employee list with details about each employee's role, contract type, and employment status (full-time or part-time);
  • Include a declaration letter from the directors confirming the change of the company name from A to B, specifying the date of change.

  Important Notices for All Cases:

  • Before any change or transfer, ensure that any employees not yet registered with Company B are registered with Jobsplus before the actual transfer date;
  • If any employees are no longer with Company B but still appear as active, submit a termination form for them before the transfer date;
  • If there are Third Country Nationals (TCNs) previously employed in Company A, their single permit must be transferred by Identità to Company B before they are registered or transferred to the new company.

  [i] Legal Notice S.L. 452.85 3A – Transfer of Business (Protection of Employment) Regulations covers this obligation. However, this declaration is a requisite in order to have evidence in case of future disputes between employer and employee(s).

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