Act XX of 2022 was enacted on 20th December 2022 to partially transpose Directive (EU) 2019/1152 of the European Parliament and of the Council of 20 June 2019 on transparent and predictable working conditions in the European Union.
The aim of this Act is to ensure minimum requirements relating to working conditions applicable to all employment relationships, as defined by law, in every Member State. Some regulations also apply to seafarers with some exceptions. The provisions of this regulation came into force on 1st August 2022.
The amendments are outlined hereunder:
In the case of fixed-term employment contracts, the length of the probation period shall be proportionate to the expected duration of the contract. Renewals of fixed-term contracts for the same function and tasks may not provide for renewed probationary periods.
A fixed-term contract cannot be shorter than six (6) months, unless a shorter period is justified by objective reasons based on precise and concrete circumstances characterising a given activity. When a fixed-term contract period is shorter than six (6) months, the employer must list in writing the objective reasons for which the contract is entered into for less than six (6) months. In this case, the probationary period must be one-third of the duration of such fixed-term contract.
In a fixed-term contract of between six (6) months and fifteen (15) months duration, the probationary period shall be calculated on the basis of two (2) months probationary period per six (6) months contract duration.
If the fixed-term contract exceeds fifteen (15) months’ duration, the probationary period shall be of six (6) months.
With regards to employees holding technical, executive, administrative or managerial posts and whose wages are at least double the minimum wage, a probation period of twelve (12) months shall apply.
The Act also provides for the suspension of the probationary period in the case of any two (2) or more weeks of approved leave, whereby such probationary period shall be extended to the corresponding duration of the leave. During the suspension period of the probation the employer cannot dismiss an employee.
