Act XX of
2022 was enacted on the 20th December 2022 to partially transpose
Directive (EU) 2019/1152 of the European Parliament and of the Council of 20
June 2019 on transparent and predictable working conditions in the European
Union into Maltese Law.
This Act is
aimed to amend provisions on the probationary period of fixed-term contracts under
Article 36 of the Employment and Industrial Relations Act (Chapter 452 of the
Laws of Malta), whereby as stipulated by Article 8 of Directive (EU) 2019/1152,
Member States shall ensure that the length of such a probationary period is
proportionate to the expected duration of the contract and the nature of the
work.
These
amendments stipulate that:
- when an employment relationship
is subject to a probationary period, that period shall be of six (6) months
unless a shorter period is justified by objective reasons based on precise and
concrete circumstances characterizing a given activity.
- In such case, when a fixed-term
contract period is shorter than six (6) months the employer shall list in
writing in that contract the objective reasons for which the contract is
entered into for less than six (6) months, in which case the probationary
period shall be one-third of the duration of the same fixed term contract.
- However, in the case of the
renewal of a contract for the same function and tasks, the employment
relationship shall not be subject to a new probationary period.
- For 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.
- For a fixed term contract exceeding
fifteen (15) months duration, the probationary period shall be of six (6)
months.
In regard to 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.
Notwithstanding these changes to the law, the
parties could still enter into an agreement for a shorter probationary period.
Act XX of 2022 also provides for the suspension of the
probationary period in the case where the employee takes two (2) or more weeks
of approved leave, whereupon such probationary period shall than be extended to
the corresponding duration of leave. Furthermore, the employer cannot dismiss
the employee during the suspensory period of probation.