Criminalising Workplace Violence, Harassment, and Bullying

Bill No. 166, tabled in Parliament on 23 February 2026, proposes amendments to the Employment and Industrial Relations Act (‘EIRA’), Chapter 452 of the laws of Malta, intended to strengthen protections against workplace violence and harassment.

The scope of the Bill is to enshrine an explicit right to a work environment free from violence and harassment, in line with the International Labour Organisation’s Violence and Harassment Convention (Convention No. 190), which was adopted in 2019 but is not ratified by Malta.

A new article 29A will render unlawful any conduct that amounts to violence or harassment in a work environment, while affirming a positive duty of employers and employees alike to endeavour to respect each other’s right to a work environment free from violence and harassment.

The Bill takes a very broad approach, extending the prohibition to all forms of conduct that may equate to violence and harassment at a work environment, and to circumstances that permit or facilitate such conduct, or that could compromise the right to a safe workplace.

The proposed amendments include a broad personal scope of protection, capturing not only “employees” as traditionally defined under the EIRA, but also persons in training, volunteers, prospective employees, and former employees.

As defined, a “work environment” extends beyond the fixed premises where work duties are performed, to cover for instance, break rooms, changing facilities, and journeys to and from work. The Bill also captures work-related communications, work-related travel, activities such as training and social gatherings, and employer-provided accommodation. Moreover, protection is intended to apply universally, that is, to both public and private sector workplaces.

The Bill sets out a comprehensive definition of “violence and harassment”, described as “unacceptable behaviour, practices and omissions, or threats thereof, whether a single occurrence or repeated, that target, result in, or are likely to result in, physical, psychological, sexual or economic harm or suffering, […].” These actions may include requests, conduct, behaviour or interactions, in any format—whether physical, online, remote, spoken, written, depicted through images, or conveyed by other methods or materials.

It specifically highlights “gender-based violence and harassment”, the definition of which would include harassment as currently contemplated in the EIRA (which, if the Bill is enacted, would be re-designated as “sexual harassment”).

To ensure consistency, the Bill proposes consequential amendments to other provisions of the EIRA to reference the new article 29A, to enable workplace violence and harassment to be addressed through existing mechanisms, including proceedings before the Industrial Tribunal which may give rise to civil remedies. The proposed amendments also make way for criminal sanctions in case of breach – thus criminalising the act of bullying at the workplace.

Presently, Maltese law only briefly regulates bullying at the workplace.

Article 29 of the EIRA links harassment to conduct based on sexual discrimination, and defines sexual harassment through illustrative examples of conduct that is largely centred on conduct of a sexual nature. Article 28 of the EIRA complements this protection by prohibiting victimisation, thereby protecting persons who lodge complaints or participate in proceedings relating to breaches of employment law. The Equality for Men and Women Act, also addresses sexual harassment at the workplace.

Conversely, the Equal Treatment in Employment Regulations, recognise harassment and sexual harassment as different forms of “discriminatory treatment”, where such conduct qualifies as “discriminatory treatment” on one of the protected grounds mentioned. These Regulations impose on employers an obligation to provide information to employees about the protections given, as well as on measures imposed pursuant to these Regulations, and to  take  effective measures to prevent all forms of discrimination on grounds of sex, in particular harassment and sexual harassment in the workplace, in access to employment, vocational training and promotion – and any contravention may lead to a fine, and, or imprisonment.

The Health and Safety at Work Act, currently places a duty on employers to ensure the health and safety of employees, including their psychological wellbeing – and therefore indirectly protects employees against adverse conditions.  

The Work-Based Learning and Apprenticeship Act obliges sponsors of learners to ensure that the learners’ well-being is safeguarded and that they are trained in an environment that is free from discrimination, workplace bullying or harassment.

The Public Service in Malta has policies to promote a harassment and bullying free workplace – and the Public Service Commission Disciplinary Regulations already provide that disrespectful behaviour, violence, threats or intimidating behaviour is a cause for disciplinary action. The aforementioned policies define harassment (including sexual harassment) and bullying (including cyber‑bullying and mobbing) and outline the procedures applicable to the handling of such cases.

The Bill, including Article 29A, would improve the current legislative framework by specifically addressing harassment such as workplace bullying that is not covered by existing sexual or discrimination laws, particularly in the private sector.

Employers should take note of this development, given its potential implications for the management of workplace interactions and organisational policies. The Bill anticipates that a contravention of the new Article 29A shall, on conviction, give rise to imprisonment and, or to a fine of up to €10,000.  

Employers must move beyond generic dignity‑at‑work statements and implement a structured framework addressing violence and harassment across all work‑related contexts. Organisational policies on harassment may need to be reviewed as the expanded scope of the Bill, once enacted, would bring new conduct and contexts (including incidents occurring outside the physical workplace) into focus.

Employers should proactively revisit their health and safety risk assessments, identify areas of risk, and implement policies and procedures to mitigate, and be able to demonstrate an effective effort to prevent, educate and, or prohibit breaches. The risk, and preventive measures, will vary depending on the context.

With an expanded framework and any resulting policy updates, it remains essential to ensure training and clarity around mechanisms for addressing harassment, for management and staff to recognise all forms of harassment and to follow appropriate procedures. Mere disciplinary action after a fact occurs may not exclude responsibility.

Please feel free to reach out with any questions or for more information at kristina.abela@fenechlaw.com or paul.gonzi@fenechlaw.com.