Probation In Maltese Employment Law

Probation is a fundamental institution of Maltese employment law, serving as a trial period during which both employer and employee can assess the suitability of the employment relationship before it acquires full legal permanence. The probationary period represents a deliberate legislative compromise: it affords employers the operational flexibility to evaluate an employee's performance and suitability.

The legal framework governing probation in Malta is primarily contained in the Employment and Industrial Relations Act, Chapter 452 of the Laws of Malta (hereinafter "EIRA"), supplemented by relevant subsidiary legislation and a growing body of domestic case law from the Industrial Tribunal and the Civil Courts.