A Bill seeking to amend Chapter 452 of the Laws of Malta, the Employment and Industrial Relations Act (‘the Act’), has been tabled before the House of Representatives. The Bill seeks to partially transpose Directive (EU) 2019/1152 on transparent and predictable working conditions, most notably as regards the probationary period of fixed-term contracts.
The Bill seeks to impose proportionality between the length of the probationary period and the length of the fixed-term contract, as well as the nature of the role.
The proposed law clearly stipulates that in the case of a renewal of a fixed-term contract for the same function and task previously assigned to the employee, such employment relationship shall not be subject to a new probationary period.
The Bill proposes the following most noteworthy amendments:
- No fixed-term contract shall be shorter than six (6) months unless a shorter period is justified by objective reasons based on precise and concrete circumstances characterising a given activity.
- Whenever an employer intends to enter into an employment contract for a fixed term with a prospective employee for a period shorter than six (6) months, the employer must provide for the objective reasons for which the contract is entered into for less than six (6) months within the employment contract.
- 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...
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