Malta proposes new legal protections against workplace violence and harassment

On 3rd March 2026, Bill No. 166 amending the Employment and Industrial Relations Act was published in the Maltese Government Gazette. The purpose of this Bill is to establish the right of employees, employers, and prospective employees to a workplace devoid of violence and harassment, in accordance with the provisions set forth by the International Labor Organization’s Violence and Harassment Convention, 2019 (No. 190). The convention recognizes the right of everyone to a world of work free from violence and harassment, including gender-based violence.

The main change is the addition of Article 29A, which prohibits violence and harassment in a work environment. The proposed amendments significantly broaden the scope of individuals protected under Maltese employment law. The bill defines “employee” to include not only persons in employment, but also jobseekers, candidates for employment, former employees, apprentices, trainees, interns and volunteers, regardless of whether the engagement is paid or governed by a formal contract.

The definition of "work environment" is broadened to include not only physical workplaces, but also work-related travel, training sessions, social activities, employer provided accommodation, digital and online communications, and daily commuting. Violence and harassment are defined as unacceptable behaviors or practices— whether isolated or repeated—that may cause physical, psychological, sexual, or economic harm, with explicit inclusion of gender-based violence and harassment.

Both employers and employees are forbidden from engaging in or enabling violence or harassment, through any means including physical acts, verbal or written exchanges, images, or online conduct. There is a duty to actively prevent circumstances that might allow such behavior, reinforcing the obligation to safeguard workplace dignity and safety.

Enforcement is aligned with existing procedures under the Employment and Industrial Relations Act: complaints regarding violence and harassment will be within the jurisdiction of the Industrial Tribunal, alongside claims for victimization and sexual harassment. The bill introduces technical amendments to Articles 30, 31, 32, and 81, and extends these references to cover the newly introduced Article 29A, ensuring remedies, time limits, and tribunal powers are applied uniformly.

Employers must review and update workplace policies and procedures to comply with the Bill’s broader requirements, including preventive actions, reporting processes, and staff training. Not adapting could lead to greater liability and tribunal claims. Proactively ensuring compliance will help create a safe and legally sound work environment.

If enacted, these legal reforms will strengthen Malta’s compliance with international standards, reinforce dignity and equality, and significantly expand statutory workplace protections. The bill will proceed through further parliamentary stages, including committee scrutiny and debate, before a final vote. Upon approval, the amendments will come into effect.