Proposed Amendments To The Harassment Provisions In Chapter 452

On 23^rd February 2026, the Parliament of Malta tabled Bill No. 166 (the “Bill”), which proposes amendments to the Employment and Industrial Relations Act (Chapter 452) and is aimed at further aligning national legislation with international labour standards, particularly those set out in the Violence and Harassment Convention, 2019 (No. 190) adopted by the International Labour Organization.

One of the amendments proposed by this Bill involves the replacement of the marginal note in Article 29 to explicitly clarify that the provision addresses sexual harassment.

The centrepiece of the Bill is the insertion of a new Article 29A, which introduces an explicit prohibition against all forms of violence and harassment within the work environment. The provision clearly states that:

“Violence and harassment in a work environment shall be prohibited.”

Article 29 adopts a narrower approach to sexual harassment, criminalising it specifically when it involves unwelcome acts or conduct based on sexual discrimination, physical intimacy, requests for sexual favour, or acts with sexual connotations and behaviour that is offensive, humiliating, or intimidating. Consequently, the key limitation of this provision is that it addresses only sexual misconduct.

By contrast, the newly proposed Article 29A establishes a broader prohibition on violence and harassment in the workplace. It prohibits any form of violence, harassment, behaviour, practices, omissions, or threats thereof, whether physical, psychological, sexual, or economic in nature. Protection is therefore no longer limited to sexual behaviour; with the introduction of Article 29A, all forms of workplace harm fall within its scope.

In doing so, Article 29A removes the exclusive sexual element and instead focuses on the harm caused, thereby adopting a broader occupational health and safety standard. The provision applies to conduct that targets an individual, results in harm, or is likely to result in harm; whether physical, psychological, sexual, or economic; and also captures situations where an environment is created or permitted that causes a person to feel uncomfortable, intimidated, offended, or abused.

Article 29A further introduces an expanded set of definitions intended to widen the scope of protection under the Act. In particular, the definition of “employee” under Article 29A(2)(a) has been significantly broadened. The term now extends beyond individuals engaged under standard employment relationships and includes interns, trainees, and apprentices, regardless of whether they are paid or unpaid. It also encompasses former employees, volunteers operating under the Voluntary Organisations Act, and prospective employees, including job applicants and candidates at various stages of the recruitment process.

The notion of the “work environment” referred to in Article 29A(2)(b) has also been significantly expanded under the proposed Bill. The proposed amendments would extend protection beyond conventional workplaces in both the public and private sectors, encompassing a wider array of settings and circumstances that are linked to employment. These include rest and meal areas, sanitary and washing facilities, work-related travel, training sessions, professional events and social functions linked to employment, as well as digital or information and communication technology (ICT)-based work-related communications. The definition further extends to employer-provided accommodation and even to the period of commuting to and from work, thereby recognising that workplace-related harm may occur beyond the physical workplace itself.

In addition, Article 29A(2)(c) proposes to establish a clear prohibition against all forms of violence and harassment within the work environment. Both employers and employees are expressly prohibited from engaging in behaviour that amounts to violence or harassment, from creating or permitting environments in which such behaviour may occur, and from subjecting others to conditions that may cause intimidation, discomfort, or exposure to offensive or abusive conduct.

To ensure the effective implementation of Article 29A, several related provisions of the Act are also proposed to be amended. Articles 30, 31, 32, and 81 will be revised in order to integrate the new offence within the existing legal and procedural structure. Article 30 now provides that claims brought before the Industrial Tribunal may also relate to instances of violence and harassment under Article 29A. Article 31 will extend the available remedies, protections, and enforcement mechanisms to cover both sexual harassment and the broader forms of violence and harassment addressed in the new provision. Article 32 will widen the burden-of-proof rules so that they also apply in proceedings concerning Article 29A, while Article 81(2) ensures that the relevant tribunal procedures and time limits equally apply to complaints involving violence and harassment.

At this stage, the Bill is being debated in the Maltese Parliament and has not been promulgated as law. The proposed law can be read here:

https://parlament.mt/media/137738/bill-166-employment-and-industrial-relations.pdf

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