good and sufficient cause<\/strong>.<\/p>\n\n\n\nFor employees, this provision can be particularly important when an employer’s conduct has made it unreasonable to continue working.<\/p>\n\n\n\n
What Does Article 36(14) Say?<\/h2>\n\n\n\n
The general rule under Maltese law is that employees and employers must respect the applicable notice period when terminating an indefinite employment contract.<\/p>\n\n\n\n
Article 36(14) creates an important exception. It provides that an employee may leave employment immediately, without serving notice and without having to compensate the employer, if there is good and sufficient cause to do so. The same principle applies to employers dismissing employees for serious misconduct.<\/p>\n\n\n\n
The legislation does not provide a complete list of situations that amount to “good and sufficient cause.” Instead, each case depends on its own facts and circumstances.<\/p>\n\n\n\n
Example in Practice<\/h3>\n\n\n\n
To understand how Article 36(14) may work in practice, consider the following example.<\/p>\n\n\n\n
Maria has worked for the same employer for six years. Over several months, her salary is repeatedly paid weeks late despite numerous written reminders. At the same time, her employer unilaterally reduces her agreed working hours and salary without her consent, removes responsibilities set out in her employment contract, and ignores her formal complaints.<\/p>\n\n\n\n
After documenting these issues and giving the employer an opportunity to address them, Maria resigns with immediate effect, relying on Article 36(14) of the Employment and Industrial Relations Act.<\/p>\n\n\n\n
Whether Maria was legally entitled to leave without serving notice would ultimately depend on the specific evidence and the seriousness of the employer’s conduct. The Industrial Tribunal would assess whether the employer’s breaches were sufficiently serious to amount to “good and sufficient cause” for immediate resignation.<\/p>\n\n\n\n
When Could an Employee Have Good and Sufficient Cause?<\/h2>\n\n\n\n
Not every disagreement with an employer justifies leaving without notice. Generally, the breach must be serious enough that a reasonable employee could no longer be expected to continue the employment relationship.<\/p>\n\n\n\n