The prescription period refers to the maximum time within which legal proceedings may be initiated. Once this period expires, the right to bring a claim will become time barred and thus forfeited.

The Amendment to the Act extends the prescription period for initiating proceedings related to offenses under the Employment and Industrial Relations Act (Cap. 452) from one year to two years. This change applies to offenses committed under the Act or any regulations or orders made thereunder.

The extension of the prescription period to two years will come into effect two (2) months after the publication of the Amendment to the Act in the Government Gazette.  Such Amendment to the Act was published in the Gazette of Malta No. 21,450 on the 6 June 2025; meaning that the new prescription period will be applicable from the 6 August 2025 onwards.

This change affects employers and employees involved in proceedings related to offenses under the Employment and Industrial Relations Act. Employers should be aware of the extended time frame within which legal actions can be initiated against them by the Department of Industrial & Employment Relations

The extension applies to offenses under the Employment and Industrial Relations Act, which may include breaches related to employment conditions, industrial relations, and other employment-related regulations.

No, this extension to the prescription period does not apply backdated.  If, for example the one-year prescription period ended on the 1 April 2025, then such claim will still be time-barred by prescription when the new Amendment Act comes into effect on the 6 August 2025.