Through recent changes to the Employment and Industrial Relations Act (EIRA) the legislator seeks to address gaps in the legal regulation of workplace harassment by clarifying the existing sexual harassment framework and introducing a dedicated provision on violence and harassment. Taken together, these amendments aim to provide clearer avenues of redress for victims and a more structured basis for prevention and compliance for employers.
Previously, Maltese law provided explicit protection against sexual harassment under Article 29 EIRA. However, despite being titled “Harassment”, the provision was confined to conduct based on sexual discrimination. It prohibited an employer or employee from subjecting another employee or the employer to unwelcome acts, requests or conduct that are of a sexual nature and could reasonably be regarded as offensive, humiliating or intimidating. It also covered acts such as physical intimacy, requests for sexual favours, and conduct with sexual connotations. In practice, therefore, Article 29 protected against sexual harassment but did not extend to other abusive or hostile behaviours in the workplace.
Because of this limited scope, recourse for non‑sexual harassment was largely pursued under the Health and Safety at Work Act, Chapter 646, which imposes a duty on employers to safeguard the physical and psychological well‑being of employees and others affected by the work environment. Nevertheless, while this offers a potential avenue for redress, claims brought under health and safety legislation are often procedurally cumbersome and conceptually indirect, as they require harassment‑type conduct to be framed as a breach of health and safety obligations rather than as harassment as such.
The new amendment addresses these limitations in two key ways. First, Article 29 is to be renamed “Sexual Harassment”, accurately reflecting its content and purpose. This change clarifies that the article does not constitute a comprehensive statutory code for all forms of workplace harassment and manages expectations as to the type of conduct it covers. Secondly, it introduces a new Article 29A, titled “Violence and Harassment”, creating an independent legal basis for non‑sexual harassment. Article 29A defines violence and harassment as unacceptable behaviours, practices, omissions or threats thereof, whether occurring once or repeatedly, that result in, or are likely to result in, physical, psychological, sexual or economic harm.
The new article also adopts a deliberately wide personal scope. Protection extends beyond current employees to prospective employees, former employees, volunteers, interns, trainees and apprentices. This approach recognises that work‑related interactions often involve individuals outside traditional employee–employer relationships who may nonetheless be vulnerable to harassment.
Equally significant is the expansive conception of the workplace. Protection is not limited to traditional physical offices or production sites. It extends to places where an employee is paid or takes a break, sanitary facilities, work‑related travel, training sessions, professional events, employer‑provided accommodation and work-related commutes. Importantly, the definition also covers work‑related communications conducted through information and communication technologies, reflecting the growing prevalence of online work environments and virtual interactions. In this way, the proposed law acknowledges the changing dynamics of the workplace, which can no longer be understood as a single, fixed space.
Notably, it is now legally acknowledged that harassment may occur in multiple directions within the employment relationship. While employees are the more common victims, Article 29A recognises that employers may also be subjected to harassment. The new wording therefore establishes that it is unlawful for any party to create or maintain circumstances of violence or harassment.
Victims of harassment (whether sexual or non) may lodge a complaint before the Industrial Tribunal within four months of the alleged breach. Harassment offences would be punishable by imprisonment of six months to two years, a fine of €5,000 to €10,000, or both imprisonment and a fine. In such cases the Tribunal is empowered to grant remedies ranging from reinstatement to compensation, depending on the nature of the case and the practicability of reinstatement.
These amendments also reflect Malta’s commitment to international labour standards, in particular the International Labour Organisation’s Violence and Harassment Convention, 2019 (No. 190), which recognises the right to a workplace free from violence and harassment. By aligning domestic law with these standards, the Amending Act not only fills a long‑recognised legislative gap but also strengthens Malta’s framework for promoting dignity, safety and equality at work.
Employers, employees and other participants in the workforce stand to benefit from clearer, more accessible protections, supporting a workplace culture grounded in respect and legal certainty. Employers are advised to seek legal advice and update their internal manuals to ensure alignment with these recent changes.
For any other information or assistance, please contact us at info@gtg.com.mt
Author: Alesea Azzopardi Spiteri