Understanding employment rights in Malta: a lecture for GWU shop stewards

What does a shop steward need to know about the law to protect members before a problem becomes a dispute?

On 18 July 2025, Dr Aron Mifsud Bonnici gave a lecture on that question at the Reggie Miller Foundation, the educational and cultural arm of the General Workers’ Union (GWU). The Foundation trains workers and their representatives. The audience was made up of union shop stewards.

The lecture, titled “Understanding Employment Rights in Malta”, covered three foundations of the relationship between employer and employee.

The employment contract

The contract is the legal blueprint of the working relationship. In Malta it is governed by the Employment and Industrial Relations Act (Cap. 452) and the regulations made under it.

The lecture explained the difference between contracts of indefinite duration and fixed-term contracts. A fixed-term contract generally becomes one of indefinite duration after four years of continuous service. Stewards who know this rule can spot when a series of renewals has changed a member’s position.

Core rights and obligations

Every employee has basic entitlements: fair pay, reasonable working hours and leave. Every employee also owes duties to the employer. These include doing the work agreed with diligence, following lawful and reasonable instructions, and acting in good faith.

A steward who understands both sides is better placed to resolve an issue early and to judge when a complaint is strong.

The collective agreement

A key focus of the lecture was collective bargaining. A collective agreement is a binding instrument that can improve on the minimum rights given by law. It can never reduce them. For a steward, the agreement is often the most direct source of a member’s rights at work, and knowing it well is part of the role.

Three questions stewards raise most often

The lecture also dealt with issues stewards meet in practice.

Is this person really self-employed? Some workers are engaged as self-employed when, in substance, they work as employees. Maltese law sets out criteria to test this. Where enough of them are met, the person is presumed to be an employee, with the rights that follow.

Can a member be dismissed during probation? During the probationary period, either side may usually end the employment on short notice and without giving a reason. The length of probation depends on the role and pay. Stewards should check that the period has not already expired and that the dismissal is not discriminatory.

Can management change working conditions on its own? An employer cannot, as a rule, change the essential terms of a contract without the employee’s agreement. Where the change affects members covered by a collective agreement, the agreement and the union’s role in negotiating it also come into play. Stewards should record the change, raise it promptly and take advice before it is accepted in practice.

Why it matters

Speaking after the lecture, Dr Mifsud Bonnici said:

“Knowledge of the law is not just a tool; it’s a shield. By understanding the intricacies of employment contracts and the power of collective agreements, union stewards can move from a reactive position to a proactive one, effectively safeguarding the rights of their members before issues escalate. Our goal was to empower these representatives with the confidence and clarity they need to advocate successfully.”

What stewards should do

• Read the collective agreement that covers your members, and keep a copy to hand.
• Check contracts when members join, especially the type of contract, the probation period and any fixed-term renewals.
• Record changes to working conditions as they happen, with dates.
• Raise concerns early. Most problems are easier to resolve before positions harden.
• Ask for advice when a case turns on a point of law, or when a deadline may apply.

The same points hold for employers. A workforce whose representatives understand the rules is easier to work with, and disputes are fewer when both sides start from the same understanding of the law.

Related: Ravi Kant at the CEIBS Executive Forum