ACT No. XX of 2022 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

20th December, 2022

ACT No. XX of 2022

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:-

(1) The short title of this Act is the Employment and

Industrial Relations (Amendment) Act, 2022, and this Act shall be

read and construed as one with the Employment and Industrial

Relations Act, hereinafter referred to as "the principal Act".

(2) The scope of this Act is 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.

In sub-article (1) of article 2 of the principal Act, immediately

after the definition "employment" there shall be added the following

new definition

""employment relationship" means any "contract of

service" or "contract of employment" as defined in this Act;".

Article 36 of the principal Act shall be amended as follows

(1) sub-article (1) thereof shall be substituted by the

following new sub-article

" Notice of and

(1) Saving the provisions of sub-article (16), when an

for termination employment relationship is subject to a probationary

of contracts of period, that period shall be of six (6) months.";

(2) immediately after sub-article (1) thereof there shall

be added the following new sub-articles

" Obligation of

(1a) In the case of fixed-term employment

proportionality

relationships,

the length of such a probationary period

probationary shall be proportionate to the expected duration of the

contract and the nature of the work. 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

Provided that 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 a contract of

service for a fixed term with a prospective employee for a

period 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

Provided further that 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; and if, in terms of the preceding

proviso, 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

Provided further that for a fixed term contract

exceeding fifteen (15) months duration, the probationary

period shall be of six (6) months.

(1b) Notwithstanding the provisions of sub-article

twelve months. (1a), 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.

(1c) In any case, the probationary period may, by

Suspension of

agreement between the parties, be shorter than the

respective periods stipulated in sub-articles (1a) to (1c)

and, the probationary period shall be suspended in the case

of any two (2) weeks or more of approved leave,

whereupon the probationary period shall be extended to a

corresponding duration of the leave. It shall be unlawful

for an employer to dismiss a worker during the period of

suspension of probation.".

Article 45 of the principal Act shall be amended as follows

(a) in the marginal note thereof, the word "Penalties."

shall be substituted by the word "Punishments."; and

(b) in sub-article (1) thereof, the words "unless a

different penalty is established" shall be substituted by the words

"unless a different punishment is established".

In sub-article (4) of article 73 of the principal Act, the words

"covered by article 75(1)(b)" shall be substituted by the words

"covered by article 75(1)(c)".

In sub-article (3) of article 82 of the principal Act, the words

"in accordance with article 75(1)(a) and (b)" shall be substituted by the

words "in accordance with article 75(1)(a), (b) and (c)".

Passed by the House of Representatives at Sitting No. 70 of the 14th

December, 2022.

ANĠLU FARRUGIA

Speaker

RAYMOND SCICLUNA

Clerk of the House of Representatives

€0.36