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Malta: why confirm a former employee's job?

Every Maltese employer is bound, at the employee's request when a contract of service ends, to give a certificate stating how long the employment lasted and the nature of the work. Confirming the same facts takes a minute and helps the person into their next job. certo asks on their behalf, with their explicit consent.

Law as of 26 October 2026 · Employment and Industrial Relations Act (Cap. 452), as amended up to Act XI of 2026

In short

  • The facts are already on paper. When a contract of service lasting over one month ends, the employer is bound, at the employee's request, to give a certificate stating the duration of the employment and the nature of the work (article 41). Those are the facts we ask about.
  • It helps the person who worked for you. A record confirmed by a former employer is what the next employer trusts. Answering takes about a minute and needs no account.
  • certo asks on their behalf, with their explicit consent. The GDPR, which applies directly in Malta, lets you disclose personal data with the person's consent (Art. 6(1)(a)). The person started this check themselves, for these facts and no others.
  • You do not have to answer. No Maltese law obliges an employer to answer certo. Declining is fine.

The Employment and Industrial Relations Act

Chapter 452 of the Laws of Malta, quoted from the official text on legislation.mt. The Act is law in English and in Maltese; the Maltese version of this page quotes the Maltese text.

Article 41: certificates of service

On the termination of a contract of service lasting over one month, the employer shall be bound, at the employee’s request, to give him a certificate stating the duration of the employment, the nature of the work or services performed and, if the employee so desires, the reason for the termination of the contract, and the rate of wages paid:

The law already expects your records to answer the first two at the employee's request. We ask only for those: the dates and the job title. We never ask for the reason the employment ended or for the wages, which the certificate states only if the employee wishes.

What is never asked

We found no list in the Act of questions an employer may not put to a job applicant; article 26 forbids discriminatory treatment when selecting applicants. certo asks nothing beyond the facts listed: no opinion, no performance, no pay, no reason for leaving, nothing about health, family, beliefs or a criminal record.

We found no provision of the Act that limits what else a former employer may say about an employee. The GDPR governs it, below.

Personal data

The GDPR applies directly in Malta; the Data Protection Act (Cap. 586) implements and further specifies it.

  • Art. 6(1)(a), consent. The legal basis for your answer. The person's request names your organisation and the exact facts.
  • Art. 7(1), proof of consent. certo records which account asked, when, and for which facts. Write to support@certo.bio and we send you the record for your request.
  • Art. 5(1)(c), data minimisation. You confirm or leave unticked only the facts listed. Add nothing else: anything beyond them is not covered by the person's consent.

What this means for your answer

  • Tick only what your HR, payroll or personnel records show.
  • Not sure it is the same person? Press "We can't find a matching record". Never confirm a record you are not sure is theirs.
  • Your policy is not to answer? Press "We do not answer these requests". The record shows your organisation declined, and nobody else there is asked.

Sources

This page is not legal advice. It reflects the law as it stood on 26 October 2026.