People could soon report workplace harassment during job interviews

Prospective workers could soon be able to report harassment that takes place during job interviews or while seeking employment under proposed legal changes aimed at strengthening protection against violence and harassment in the workplace. 

The amendments expand the definition of who is protected under workplace harassment laws to include not only current employees but also prospective workers, including people attending job interviews. 

Under the changes, which will come about through a legal notice, the term “employee” will now also cover prospective employees, meaning individuals who are seeking work, applying for a job or taking part in a recruitment process.

This means people who experience harassment during job interviews or while applying for a position will also be able to report the behaviour and seek redress. 

Speaking in parliament on Monday afternoon, Parliamentary Secretary for Social Dialogue Andy Ellul said the amendments showed the government’s commitment to strengthening and protecting workers’ rights, and to building a work environment that offered safety, dignity and protection. 

“Thanks to this amendment, every worker will have the right to work in an environment free from violence and harassment, including those based on gender,” he said. 

The legal changes are intended to bring Maltese law in line with the International Labour Organisation Convention 190 on violence and harassment in the world of work.

The amendments recognise the right of every worker to operate in a workplace free from violence and harassment, including gender-based harassment. 

The scope of who is protected has also been broadened beyond traditional employees. The law will now apply not only to people currently employed but also to interns, trainees and apprentices, regardless of whether they are paid, volunteers providing services through voluntary organisations and individuals whose employment has already been terminated. 

Violence and harassment are defined broadly as unacceptable behaviour, practices or threats that result in physical, psychological, sexual or economic harm. These actions are prohibited whether they occur physically, online, verbally or in writing, and whether they happen once or repeatedly. 

The concept of the workplace has also been expanded.

It will cover not only the physical workplace but also places where workers are paid, rest or eat, as well as work-related travel, training sessions, work events and social activities linked to employment.

Work-related communications, accommodation provided by the employer and travel to and from work are also included. 

Individuals found guilty of breaching the law may face prison sentences ranging from six months to two years, fines between €5,000 and €10,000, or both.

Cases of workplace violence or harassment may also be brought before the Industrial Tribunal, which may order the termination of a contract of service and award compensation for damages suffered by the victim. 

The amendments will come into force once they are published in the Government Gazette.