Recently introduced Employment Legislation in Malta – Noteworthy Amendments

Malta has recently introduced two important updates to its employment legislation framework. One of them seeks to regulate the working conditions of an employee, as should be informed in writing to the employee by the employer, while the other one seeks to regulate the probationary period of an employee in a fixed-term relationship.

Should you wish to know which working conditions need to be notified to the employee by the employer and the new obligations imposed upon by the employer to be in line with the said recent legislation, please do not hesitate to contact us for assistance on the following email: legal@ksimalta.com

The Transparent and Predictable Working Conditions Regulations.

By virtue of Legal Notice 267 of 2022, Malta has implemented the Transparent and Predictable Working Conditions Regulations. These regulations seek to inform employers of their obligation to inform employees of the conditions applicable to the contract or employment relationship. It identifies a number of employment conditions which an employee is to be informed of. These include but are not limited to:

1. Information on the place of work if applicable
2. The title of the job or grade which the worker will be tasked to perform together with a job description.
3. The starting date of employment
4. The duration of the probation period

Amendment to the Employment and Industrial Relations Act

A number of amendments have been introduced to the regulation of the probationary period in an employment relationship specifically with respect to fixed-term contracts of employment (definite contracts). 

These include the following:

• A definite contract needs to have a duration period of at least six months unless a shorter period is justified by objective reasons based on precise and concrete circumstances characterising a given activity. The said objective reason would need to be stipulated within the contract of employment.
• In the case of the renewal of a definite contract for the same function and tasks, the employment relationship shall not be subject to a new probationary period
• In a fixed term contract of between six (6) months and fifteen (15) months duration, the probationary period shall be calculated on the basis of two (2) months probationary period per six (6) months contract duration.
• If the fixed-term contract is shorter than six (6) months, the probationary period shall be one-third of the duration of the same fixed-term contract.
• If the fixed term contract exceeds a 15 months duration, the probationary period shall be of six (6) months.
• Workers holding technical, executive, administrative or managerial positions and whose wages are at least double the national minimum wage established that year shall be on probation for a period of twelve (12) months.