On 3 March 2026, Bill No. 166 — An Act to further amend the Employment and Industrial Relations Act (Cap. 452) — was published in the Government Gazette. Currently at second reading stage, the Bill proposes the introduction of amendments aimed at strengthening protections against violence and harassment within the workplace and broadening the scope of individuals who may benefit from such protections. The proposed amendments seek to align Maltese employment legislation with the principles of the International Labour Organisation’s Violence and Harassment Convention, 2019 (No. 190).
The principal amendment is the addition of a new Article 29A to the EIRA, which would expressly prohibit violence and harassment in the work environment. The term “violence and harassment” is defined as unacceptable behaviour, practices or omissions, or threats thereof, whether occurring as a single incident or repeatedly, which result in or are likely to result in physical, psychological, sexual or economic harm or suffering. The definition expressly includes gender-based violence and harassment, as well as sexual harassment already provided for under Article 29 of the EIRA.
The proposed amendments would broaden the category of protected individuals to include persons in training such as interns, trainees and apprentices irrespective of whether the work is paid or unpaid, persons whose employment has been terminated, and volunteers. Crucially, the protection would also extend to prospective employees, including those participating in recruitment processes or job interviews. The concept of the “work environment” is defined broadly and would encompass not only the employer’s premises but also locations for breaks or meals, employer-provided accommodation, work-related travel, training, events, commuting, and work-related communications carried out through information and communication technologies.
The Bill also proposes consequential amendments to Articles 30, 31, 32 and 81 of the EIRA, ensuring that complaints relating to violence and harassment fall within the existing procedural framework and that the Industrial Tribunal’s jurisdiction is extended to encompass matters arising under the new Article 29A.
The proposed amendments represent a significant step forward in the protection of employees and other individuals within the work environment. By enshrining the right to a workplace free from violence and harassment, and by broadening the scope of protection to encompass trainees, interns, apprentices, prospective employees, persons whose employment has been terminated and volunteers, the proposed legislative changes would afford a considerably wider category of individuals access to meaningful legal safeguards.
From an employer’s perspective, the proposed amendments would carry practical implications which merit careful consideration. Employers may need to review and, where necessary, update their internal policies, codes of conduct and workplace procedures to ensure alignment with the broader obligations that would be introduced by the Bill. This may include the implementation of preventive measures, the establishment of clear reporting mechanisms and the provision of adequate training to employees at all levels. Failure to adapt to the enhanced regulatory framework could expose employers to increased liability and potential claims before the Industrial Tribunal. Accordingly, employers are encouraged to take proactive steps to foster a working environment that would be compliant with the anticipated legislative requirements and conducive to the well-being of all individuals engaged in or connected with the workplace.
Stakeholders are advised to remain apprised of further developments as the Bill progresses through the legislative process.
