ACT No. LVIII of 2020 AN ACT to amend the Employment and Industrial Relations Act, BE IT ENACTED by the President, by and with the advice and consent of the House of Representatives, in this present Parliament assembled, and by the authority of the same as follows:-

I assent.

(L.S.)

GEORGE VELLA

President

11th December, 2020

ACT No. LVIII of 2020

AN ACT to amend the Employment and Industrial Relations Act,

BE IT ENACTED by the President, by and with the advice and

consent of the House of Representatives, in this present Parliament

assembled, and by the authority of the same as follows:-

The short title of this Act is the Employment and Industrial

Relations (Amendment) Act, 2020 and this Act shall be read and

construed as one with the Employment and Industrial Relations Act,

hereinafter referred to as "the principal Act".

In article 2 of the principal Act, in paragraph (c) of the

definition "unfair dismissal", the words "as provided in article 36 (3);"

shall be substituted by the words "as provided in article 36(3), or" and

immediately thereafter there shall be added the following new

paragraph

"(d) the termination by the employer in respect of that

worker of a contract of employment for a fixed term

Provided that the expiration of a fixed term contract

of employment shall not be deemed to be a termination of the

fixed term contract of employment;".

Article 36 of the principal Act shall be amended as follows

Amendment of

article 36 of the

principal Act.

(a) sub-article (11) thereof shall be substituted by the

following new sub-article

"(11) An employer who terminates the contract of

service of an employee before the expiration of the time

definitely specified by a contract of service, shall pay to

the employee a sum equal to one-half of the full wages that

would have accrued to the employee in respect of the

remainder of the time specifically agreed upon.";

(b) sub-article (14) thereof shall be substituted by the

following new sub-article

"(14) Notwithstanding the foregoing provisions of

this article, an employer may dismiss the employee on a

contract of service for an indefinite time and the employee

on a contract of service for an indefinite time may abandon

the service of the employer, without giving notice and

without any liability to make payment as provided in sub-

article (10) if there is good and sufficient cause for such

dismissal or abandonment of service:" and immediately

thereafter there shall be added the following new proviso

"Provided that notwithstanding the foregoing

provisions of this article, an employee may abandon a

fixed term contract of service prior to its expiry and an

employer may terminate a fixed term contract prior to its

expiry without any liability to make payment as provided

in sub-articles (11) and (12) if there is good and sufficient

cause for such dismissal or abandonment."; and

(c) in sub-article (14) thereof, the words "Provided that

an employer may not set up" shall be substituted by the words

"Provided further that an employer may not set up".

Sub-article (1) of article 75 of the principal Act shall be Amendment of

article 75 of the

amended as follows

principal Act.

(a) paragraph (b) thereof shall be renumbered as

paragraph (c);

(b) in paragraph (a) thereof, the word "and" shall be

deleted and immediately thereafter there shall be added the

following new paragraph

"(b) all claims made in accordance with sub-articles

(11) and (12) of article 36 of this Act, for sums which may

become due to a worker or to an employer following the

termination of a contract of service for a fixed term before

the expiration of the term definitely specified in the

contract; and".

(1) The provisions of the Employment and Industrial

Relations (Amendment) Act, 2020 shall apply to any proceedings

2020. relating to unfair termination of definite contracts of employment

pending before the First Hall of the Civil Court, the Court of

Magistrates (Gozo) (Superior Jurisdiction) and the Industrial Tribunal

and which on the date of entry into force of this Act are still pending

and have not become res judicata.

(2) The First Hall of the Civil Court and the Court of Magistrates

(Gozo) (Superior Jurisdiction) shall, notwithstanding the provisions of

this Act, remain competent to deal with those cases relating to unfair

termination of definite contracts of employment of which it was seized

before the coming into force of this Act including those which were

transferred to the First Hall of the Civil Court and the Court of

Magistrates (Gozo) (Superior Jurisdiction) by the Industrial Tribunal

before the entry into force of this Act. The First Hall of the Civil Court

and the Court of Magistrates (Gozo) (Superior Jurisdiction) shall

continue to take cognizance of such cases until they are definitely

decided by that court.

(3) The Industrial Tribunal shall, notwithstanding any pleas

relating to lack of jurisdiction given before the coming into force of

this Act, be competent to deal with those cases relating to unfair

termination of definite contracts of employment after the coming into

force of this Act.

Passed by the House of Representatives at Sitting No. 408 of the 7th

December, 2020.

ANĠLU FARRUGIA

Speaker

RAYMOND SCICLUNA

Clerk of the House of Representatives

€0.36