Malta's labour laws dealing with pregnant women in employment who are still under probation are under scrutiny by the European Commission to ensure they conform to its directives.

According to an EU directive, pregnant women cannot be dismissed from their work even if they are still in their probation period, which normally lasts six months. However, it seems labour laws in Malta allow employers to discharge workers during their probation period even if they are pregnant.

The issue is being addressed by Nationalist MEP Simon Busuttil following a case in Gozo where a private school teacher was dismissed during the probation period when she was pregnant. The teacher was not told why her employment was being terminated because, according to Maltese law, an employer can dismiss any employee during the probation period without giving any reason. Dr Busuttil maintains this violated the EU directive and the Gozitan woman should not have been dismissed.

Following a parliamentary question on the issue, EU Employment Commissioner Vladimir Spidla told Dr Busuttil the EU executive is finalising an analyses of the legal measures Malta took to transpose the directive.

"Within the next months, the Commission will make a decision regarding Malta's conformity with this directive," Mr Spidla said.

According to the Commission, Council Directive 92/85/EEC establishes "the general prohibition of dismissal of pregnant workers and workers who have recently given birth or are breastfeeding during the period from the beginning of their pregnancy to the end of the maternity leave, irrespective of the duration of the employment contract or relationship".

Mr Spidla confirmed the directive applies to Malta and women cannot be dismissed during their pregnancy.