A 454
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, 
Cap. 452.
BE IT ENACTED by the President, by and with the advice and
consent of the House of Represent atives, in this present Parlia ment
assembled, and by the authority of the same, as follows:-
Short title and 
scope.
Cap. 452.1. (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 t he Employment and Industrial
Relations Act, hereinafter referr ed 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 J une
2019 on transparent and predictable working conditions in the
European Union.
Amendment of 
article 2 of the principal Act. 2. In sub-article (1) of article 2 of the principal Act, immediate ly
after the definition "employment" there shall be added the foll owing
new definition:
""employment relationship" means any "contract of
service" or "contract of employment" as defined in this Act;".
VERŻJONI ELETTRONIKA
A 455
Amendment of 
article 36 of the 
principal Act.3. 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:
(2) immediately after sub-article (1) thereof there shall
be added the following new sub-articles:"Notice of and 
compensation 
for termination 
of contracts of service.(1) Saving the provisions of sub-article (16), when an
employment relationship is subject to a probationary
period, that period shall be  of six (6) months."; 
"Obligation of 
proportionality 
of 
probationary period.(1a) In the case of fixed-term employment
relationships, the length of  such a probationary period
shall be proportionate to th e 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, theemployment 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 andconcrete 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 listin 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 cont ract is shorter than six (6)
months, the probationa ry period shall be one-third of the
duration of the same fi xed term contract:
Provided further that for a fixed term contract
exceeding fifteen (15) months duration, the probationaryperiod shall be of six (6) months.
Probationary 
period of twelve months.(1b) Notwithstanding the provisions of sub-article
(1a), workers holding technica l, 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.
VERŻJONI ELETTRONIKA
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Ippubblikat mid-Dipartiment tal-Informazzjoni (doi.gov.mt) — Valletta — Published by the Department of Information (doi.gov.mt) — Valletta
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Prezz/Price
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Amendment of 
article 45 of the 
principal Act.4. 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 e stablished" shall be substituted by the words
"unless a different punishment is established".
Amendment of 
article 73 of the 
principal Act. 5. In sub-article (4) of article 73 of the principal Act, the word s
"covered by article 75(1)(b)" sha ll be substituted by the words
"covered by article 75(1)(c)".
Amendment of article 82 of the 
principal Act.6. In sub-article (3) of article 82 of the principal Act, the word s
"in accordance with article 75(1) (a) and (b)" shall be substitu ted 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.Suspension of 
probationary 
period.(1c) In any case, the probationary period may, by
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 l eave. It shall be unlawful
for an employer to dismiss a worker during the period of
suspension of probation.".
ANĠLU FARRUGIA
Speaker
RAYMOND SCICLUNA
Clerk of the House of Representatives
VERŻJONI ELETTRONIKA