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social welfareOBTAINING A SOCIAL SECURITY NUMBER (REGISTRATION CERTIFICATE)

Persons in possession of a permanent Maltese I.D. card will be automatically registered under the social security act once they have reached 16 years of age.
For applicants under the age of 16, these may download the required Social Security documents as follows:
Requirements for Maltese Nationals under the age of 16

- Hence, applicants may submit the form online.

This number is only issued once and is valid throughout the lifetime of the applicant.

For EU and non-EU nationals, these may opt to apply online. Alternatively they may visit Business 1st offices.
The Department of Social Security is committed to provide you with a Social Security Number within 3 working days of your request. This is however dependant on the correctness and completeness of your submission. 

FEES

There are no fees due to obtain a Social Security Number.

ADDITIONAL RESOURCES

User Manual for the Registration of a Social Security Number Application (MSP002)
Requirements for Maltese Nationals under the age of 16
Requirements for non Maltese ID Card holders (EU citizens and Third Country Nationals)

REGISTRATION-OF-EMPLOYMENTWhen you are starting a new business you will need to inform Jobsplus of the change in your employment status. You also need to notify Jobsplus of any new employees engaged. Similarly, self-employed persons are also required by law to complete an engagement form. This is done by filling in the relevant Declaration of Commencement of Employment form. Jobsplus will acknowledge all engagement and termination forms received within 15 working days.

This service is also offered at Business First.

Declaration of commencement of employment

For self-employed: This declaration should be filled in by any person who is starting self-employment for the first time or by anyone wanting to resume self-employment.

For employees: On employing new staff a self-employed person/employer must fill in the Declaration of Commencement of Employment for every new person employed. In every case of new employment, the engagement form duly filled in is to be received by the Jobsplus on the same day of commencement of employment.

Note: To make use of the online services offerred by Jobsplus in order to submit employment forms, user must be logged on the Jobsplus portal.

What documents are required?

If you are being employed for the first time then you will need:

- Identification Card/Passport

- Your NI 3 (from the Department of Social Security - for Maltese nationals only)

- Non-EU nationals require an Employment Licence issued directly by Jobsplus

- Persons born aboard but who possess a dual citizenship, need a certificate issued by the Department of Citizenship and Expatriates

Non-Maltese Citizens

Certain non-Maltese citizen require an Employment Licence before being employed. A full list of applications for employment of non-Maltese nationals may be viewed here.

Employment of persons under 16 years

Persons who have not attained the age 16 or who turn 16 during the scholastic year (15th September to 16th July) are by law considered Minors of Compulsory School Age. These should provide the employer with a school leaving certificate obtainable directly from the Department of Educational Services, Triq Fra Gaetano Pace Forno, Hamrun. Applicants must present the following documents to obtain this certificate:

- A formal birth certificate from the Public Registry.

- A declaration from the applicant’s employer to be.

- A certificate from the school last attended; and.

- A letter from the parents stating that they agree that their son/daughter is to start work.

For further details on legislation and regulations related to the employment of minors visit the Information for Employers section on the Jobsplus website. All conditions apply also to cases related to summer jobs.

probationperiod

Defining Probation

The probation is an established period at commencement of employment during which the employee is assessed by the employer for his suitability for the job and the employee decides whether he/she wants to continue his/her employment in that particular job. During probation either party may terminate the employment without assigning any reason, provided that one week notice is given if the employment has exceeded one month. The whole probationary period is payable with the rate of wage agreed, that must not be lower than what is provided by law (Refer to EIRA section 36).

Length of Probation period

In the case of a contract of service, or a collective agreement, in respect of employees holding technical, executive, administrative or managerial posts and whose wages are at least double the minimum wage established in that year, such probation period is of one year unless otherwise specified (for a shorter period) in the contract of service or in the collective agreement. 

The probationary period cannot be extended beyond the maximum period allowed by law. Where the employer and the employee agree for a shorter period, such period is binding by law and can only be extended up to the maximum limit contemplated by law if both parties agree to do so.

Article by DIER, for further information please contact us or visit the website DIER

jobdescription
The law does not impose an obligation on the employer to furnish an employee with a job description. However, it is a good practice since this could reduce disputes on the job content at a later stage. 
It is important to note that the work an employee is asked to perform must be related to his/her work title as agreed in the contract of employment. The job description would serve this purpose.
Article by DIER, for further information please contact us or visit the website DIER.

contractofservice

contract of service means an agreement, whether verbal or in writing, where a person binds him/herself to render service to, or to do work for, an employer in return of wages. Thus even a verbal agreement between an employee and an employer is valid and is enforceable by law.

In those cases where no written contract of employment has been signed between the employee and the employer, the latter is bound to give the employee a signed statement which should include the following details:

- the date of commencement of employment;
- the period of probation;
- the normal rates of wages payable;
- the overtime rates of wages payable;
- the normal hours of work;
- the periodicity of wage payments;
- in the case of a fixed or definite contract of employment, the expected or agreed duration of the contract period;
- the paid holidays, and the vacation, sick and other leave to which the employee is entitled;
- the conditions under which fines may be imposed by the employer;
- the title, grade, nature or category of work for which the employee is employed
- the notice periods to be observed by the employer and the employee should it be the case;
- the collective agreement, if any, governing the employee’s conditions of work; and any other relevant or applicable condition of employment.

Where a written contract signed between the employer and the employee exists, the above information should also be included in the contract. In any case, if the period of employment exceeds one month and exceeds eight hours of work a week, a copy of the contract of service or the statement signed by the employer should be given to the employee by not later than eight working days from the commencement of employment and the employer is required to keep a copy.
Article by DIER, for further information please contact us or visit the website DIER

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