CONTRACTS OF SERVICE FOR A FIXED TERM  [ S.L.452.81 1
SUBSIDIARY LEGISLATION 452.81
CONTRACTS OF SERVICE FOR A FIXED TERM 
REGULATIONS
1st January, 2003
LEGAL NOTICE 429 of 2002.
Title.
a Fixed Term Regulations.
Definition.
Cap. 452.
"comparable permanent employee" means a whole-time
employee in the same establishment employed on a contract of
service of indefinite duration and who is engaged in the same or
similar work or occupation, due regard being given to other
considerations including seniority, qualification and skills:
Provided that where there is no comparable permanent
employee in the same establishment, the comparison shall be made
by reference to collective agreements covering similar comparable
permanent employees in other establishments;
"contract of service for a fixed term" means such contracts of
service entered into between the employer and an employee where
the end of the contract is determined by reaching a specific date, by
completing a specific task or through the occurrence of a specific
event.
(2) Subject to the provisions of subregulation (1), terms and
expressions used in these regulations shall, unless the context
otherwise requires, have the meaning assigned to them in the Act.
Applicability.
employment contract of employment relationship as defined in the
Act.
Principle of non-
discrimination.
4. Employees on a contract of service for a fixed term shall
not be treated in a less favourable manner than comparable
permanent employees solely because they have a contract of
service for a fixed term:
Provided that an employer may differentiate between the
conditions of employment of an employee on a fixed term contract
and a comparable employee on a contract of service for an
indefinite time, if:
(i) the difference arises in view of the recognition
of length of service, experience or qualifications
and such other differences are justified on
objective grounds;
(ii) the task for which the employee has been
employed is specific and includes objective
considerations which justify such
2 [ S.L.452.81 CONTRACTS OF SERVICE FOR A FIXED TERM 
differentiation.
Employer’s duty to 
inform employees 
of vacancies.
5. (1) It shall be the duty of the employer to inform
employees on a contract of service for a fixed term about vacancies
which become available in the place of work and to give such
employees the same opportunity as other employees to secure work
on a contract of service for an indefinite time within the place of
work.
(2) The employer may inform the employees by way of a
general announcement at a suitable place in the place of work.
Access to training 
opportunities, etc.
6. The employer shall endeavour to facilitate access by
employees on a contract of service for a fixed term to appropriate
training opportunities to enhance their skills, career development
and occupational mobility.
Successive fixed 
term contracts.
7. (1) This regulation is applicable to:
( a ) an employee who is employed under a contract of
service for a fixed term as defined under these
regulations, and
( b ) an employee who has previously been employed by the
same employer on a contract of service for a fixed
term before the start of the contract mentioned in
paragraph ( a ).
(2) The provision of the contract of service for a fixed term
restricting the duration of the contract shall be of no effect and the
employee shall be considered an employee employed under a
contract of indefinite duration if:
( a ) the employee has been continuously employed under
the contract mentioned in subregulation (1)( a ) or
under that contract taken with a previous contract of
service for a fixed term exceeding a period of four
years; and
( b ) the employer cannot provide objective reasons to
justify the limitation of a renewal of such a contract
for a fixed term:
Provided that in such situations, the effective date when an
employee shall be considered to be employed on an indefinite basis
is the date on which the contract mentioned in subregulation (1)( a )
was entered into or in the case of successive contracts when the
contract was last renewed.
Provided further that this regulation shall be without
prejudice to article 34(2) of the Act.
(3) For the purposes of this regulation, the term "continuously
employed" shall include those contracts of a fixed term which are
renewed within six months from their termination:
Provided that renewal includes an extension.
(4) Collective agreements may modify the application of
subregulation (2) in relation to any employee or a specified
description of employees, by substituting for the provisions of
subregulation (2), one or more different provisions which in order
CONTRACTS OF SERVICE FOR A FIXED TERM  [ S.L.452.81 3
to prevent abuse arising from the use of successive contracts of
service for a fixed term, specify one or more of the following:
( a ) the objective reasons justifying the renewal of such
contract;
( b ) the maximum total duration of successive fixed term
contracts of service;
( c ) the number of renewals of such successive fixed term
contracts of service.
(5) Further to the provisions of article 48 of the Act, this
regulation shall not be applicable to employment in the public
sector.
Complaints to the 
Industrial Tribunal.
8. (1) An employee may present a complaint to the Industrial
Industrial Tribunal that his employer has infringed a right
conferred on him by these regulations.
(2) Subject to what is stated in subregulation (3), the Industrial
Tribunal shall not consider a complaint under this regulation unless
it is presented within a period of three months, beginning from the
date of the less favourable treatment.
(3) For the purposes of calculating the date of the less
favourable treatment, where a term in an existing contract is less
favourable, that treatment shall be considered to commence on the
lapse of three months from the date of entry into force of these
regulations.
(4) Where an employee presents a complaint under this
regulation and the employer claims that the treatment is justified on
objective grounds, it shall be incumbent on the employer to prove
that the less favourable treatment is so justified on objective
grounds.
Offences.
regulations shall be guilty of an offence and shall, on conviction, be
liable to a fine of not more than five hundred liri (Lm 500).
