Employment and Industrial Relations Act (Cap. 452)

Employment and Industrial Relations Act (Cap. 452), article 33

Official PDF on legislation.mt

33. A person may bind himself to give his services for a fixed term or for an indefinite term, or in respect of a specified task, undertaking, work or service: Provided that where the employee has been retained in employment in the same category after the date of termination of a contract of service for a specified time or has been re-employed in the same category by the employer for a fixed or indefinite term within one year from the date of termination of a contract of service for a specified time, the conditions of employment shall not be less favourable than those which would have been applicable had the contract of service been for an indefinite time and the aggregate probationary period shall in no case be longer than that provided for under this Act: Provided further that notwithstanding any agreement to the contrary, a contract of service for an indefinite term shall not be changed into a fixed term contract of service where no substantial change has been effected as to the work of the employee or to his category and any agreement to this effect shall be null and void and the employment contract shall, for all intents and purposes of law, be considered to have remained an indefinite one. Fixed-term contracts.

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Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.