Tackling Workplace Harassment in Malta

Workplace harassment is a critical issue impacting employees across Malta, fostering toxic environments and causing severe harm. Maltese employment law, however, offers a robust framework to combat this, ensuring individuals can work free from such threats. This Ten Yards Legal post outlines these protections and highlights the importance of understanding workplace rights and employer responsibilities in Malta.

Understanding Maltese Workplace Harassment Laws

In Malta, the Equality for Men and Women Act (Chapter 456) and the Employment and Industrial Relations Act (EIRA, Chapter 452) are pivotal in protecting employees. These laws broadly define harassment to include sexual harassment, harassment based on protected characteristics (like race, gender, or sexual orientation), and any unwanted conduct violating an individual’s dignity or creating a hostile environment. Crucially, Maltese law mandates employers to proactively prevent harassment. This involves developing clear anti-harassment policies, providing regular training, establishing accessible reporting procedures, and taking decisive action when issues arise.

While precise local statistics can be elusive, EU-wide data confirms harassment as a significant concern. Regardless, the legal and ethical duty for Maltese employers to cultivate safe and respectful workplaces is absolute, necessitating a culture where reporting incidents carries no fear of retaliation.

The Employer's Vital Role in Harassment Prevention

Employers in Malta are central to preventing workplace harassment. This responsibility extends beyond mere legal compliance to actively fostering a safe and inclusive culture. Key duties involve establishing and clearly communicating a comprehensive anti-harassment policy that details definitions, reporting pathways, investigation processes, and consequences. Regular training for all staff, including management, is essential to ensure everyone understands what constitutes harassment and the company's procedures. Furthermore, employers must provide accessible and confidential reporting mechanisms, investigate all complaints promptly and impartially, and enforce a strict zero-tolerance policy towards any victimisation of those who report issues.

Employers in Malta are central to preventing workplace harassment

Recognising Harassment in the Workplace

Effective prevention requires understanding harassment's varied forms, which can be subtle or overt.

Verbal harassment includes offensive jokes, unwelcome comments about a person's appearance, private life or origin, persistent unwarranted criticism, ridicule, or spreading malicious rumours.

Physical harassment can range from unwanted touching, jostling, or blocking someone's path to threatening gestures or actual assault.

Visual harassment involves displaying offensive materials, whether posters, emails with inappropriate content, or offensive objects.

Psychological harassment, often termed moral harassment or mobbing, involves repeated actions intended to degrade working conditions. Examples include deliberately undermining an individual's work or professional standing, consistently setting impossible deadlines or changing targets without justification, withholding information necessary for job performance, assigning meaningless tasks or those well below an employee's capability, or socially isolating an employee (e.g., "sending them to Coventry"). With evolving work practices, cyber harassment via email, social media, or company communication platforms – such as sending offensive messages or publicly sharing humiliating content about a colleague – is also a serious concern. Persistent demeaning remarks about an employee's background or unwelcome advances, whether online or offline, clearly constitute harassment and demand firm HR intervention.

Employees participating in a harassment prevention training.

Legal Protections and Reporting Avenues in Malta

The Equality Act and EIRA provide the foundation for employee protection. While internal reporting through HR or designated managers is typically the first step, as outlined in company policy, employees also have external recourses. Complaints can be lodged with the Department for Industrial and Employment Relations (DIER) for general employment law breaches. For harassment linked to discrimination, the National Commission for the Promotion of Equality (NCPE) is the relevant body. The Industrial Tribunal can hear cases related to unfair dismissal or other employment disputes arising from harassment, and civil court action may also be an option. HR managers should ensure employees are aware of both internal and external pathways for redress.

Cultivating a Supportive Workplace Culture

Beyond legal mandates, a genuinely supportive culture is the most effective long-term deterrent. Leadership must champion respect, with management visibly modelling appropriate behaviour and promoting open dialogue about workplace standards. Consistently communicating a zero-tolerance stance on harassment and offering support to affected individuals, perhaps through employee assistance programs, reinforces this commitment. Such a culture not only mitigates harassment risks but also enhances morale, productivity, and retention.

Empowering Employees Through Knowledge

Informed employees are better equipped to identify, prevent, and report harassment. Organisations must ensure anti-harassment policies are easily accessible and that regular training occurs. Awareness of internal support and external bodies like DIER and NCPE is also crucial. Employees can further educate themselves via the official websites of these authorities or through union representation, if applicable.

A Collective Responsibility & Your Legal Partner

Addressing workplace harassment in Malta requires a combined strategy of diligent legal adherence and a profound commitment to cultural improvement. By understanding Maltese employment law and actively fostering a respectful environment, HR managers play a pivotal role.

At Ten Yards Legal, we specialise exclusively in Maltese employment law. We understand the complexities HR managers face in creating compliant and safe workplaces. If your organisation needs expert guidance in developing or reviewing anti-harassment policies, delivering impactful training, or requires advice on managing specific workplace harassment concerns, we are here to help. Contact us for a consultation to ensure your practices are robust and effective.

While the law provides essential tools, true change comes from a collective dedication. Together, we can build healthier, safer workplaces where everyone in Malta can thrive.

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. For advice on specific situations, please consult with a qualified legal professional.