Various updates have been made to the Employment and Industrial Relations Act (Chapter 462 of the Laws of Malta) on the 20th of December 2022 in relation to fixed terms contracts and probation.
The law now states that fixed term contracts cannot be for periods shorter than six (6) months, unless a shorter period is justified by objective reasons, based on precise and concrete circumstances, which are to be listed in the contract of employment.
In the case of fixed term contracts, the length of the probationary period shall be proportionate to the duration of contract and nature of work. For a fixed term contract between six and fifteen months duration, the probationary period shall be calculated on the basis of two months probationary period per six months contract duration. Should the fixed term contract be shorter than six months the probationary period shall be one-third of the duration of the fixed term contract. Fixed term contracts exceeding fifteen months duration shall have a probationary period of six months. Probation can be for a shorter period if agreed to between the parties.
Moreover, in the case that a fixed term contract for the same functions and tasks is renewed there shall not be a new probationary period.
The amendments to the law also stipulate that probation is to be suspended in the case that an employee avails itself of approved leave of more than two weeks. In this case, probation needs to be extended for the duration of such leave. No dismissal can take place during the suspended period of probation.
