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Maltese Laws |
EMPLOYMENT AND TRAINING SERVICES ACT
To provide for a National Employment Authority, for the establishment of an Employment and Training Corporation and for the regulation of employment and training services, and for matters connected therewith or ancillary thereto.
7th August, 1990
5th November, 1990
1st January, 1996
ACT XXVIII of 1990, as amended by Acts XV of 1995, XVI of 1997, II of 2005, VII of 2006 and XXXII of 2007; Legal Notice 424 of 2007; and Act XXIII of 2009.
.
ARRANGEMENT OF ACT
Articles
Part I. Preliminary 1-2
Part II. The National Employment Authority 3-4
Part III. The Employment and Training Corporation 5-17
Part IV. Administrative and Financial Provisions relating to the
Corporation 18-22
Part V. Employment Agencies 23-25
Part VI. Manpower Records 26-28
Part VII. Apprentices and Trainees 29-45
Part VIII. Enforcement, Offences and Penalties 46-53
Part IX. Miscellaneous 54-56
SCHEDULE
PART I
Short title. 1. The short title of this Act is the Employment and Training
Services Act.
Interpretation. Amended by: XXXII. 2007.11; XXIII. 2009.75.
" A u t h o r i t y " m e a n s t h e N a t i o n a l E m p l o y m e n t A u t h o r i t y established by article 3;
"Board" means the Board of the Corporation;
"Corporation" means the Employment and Training Corporation established by article 5 and, to the extent of the authority
given, includes any officer of the Corporation duly authorised by it in that behalf;
"dependants" means individuals wholly or mainly dependant for their maintenance on an individual and being in relation
to such individual -
(i) if married - his wife, her husband, his or her children or stepchildren, his or her grandchildren
if the parents are dead;
(ii) if unmarried - his or her children, his or her father, or his or her mother, his or her unmarried brothers or sisters;
(iii) if a widower or widow - his or her children or stepchildren, his or her grandchildren, if their parents are dead;
"Dir ector " m eans the Dir ecto r o f In d us trial an d E m plo y men t Relations and includes any officer of the Department
of Industrial and Employment Relations who is authorized by the Director to act on his behalf;
" em p lo y m e n t a g e n cy " o r " em p lo y m e n t b u s in es s " m ea n s an y act iv ity c ar r ied o
u t i n M alt a f o r th e r ecr u itm en t o f p er so n s f or employment in Malta or outside Malta;
"financial year" means the period of twelve months ending on the
31st December of any year:
Pro vided that the f inan cial year which com menced on the 1 st Octo b er, 2 00 7 sh all b e fo r a per io d of f if teen mo n th
s an d s hal l terminate on the 31st December, 2008;
" M e m b e r S t a t e " m e a n s a m e m b e r s t a t e o f t h e E u r o p e a n
Economic Area;
" M i n i s t e r " m e a n s t h e M i n i s t e r r e s p o n s i b l e f o r l a b o u r a n d includes, to the extent
of the authority given, any person authorised by the said Minister in that behalf for any purpose of this Act;
"p er s o n " i n clu d es a b od y of p er so n s an d an y b o dy co r p o ra te established by law;
"prescribe" means prescribe by regulations made under this Act; "Register" means the Register referred to in article
11.
PART II
(2) The President shall also appoint a secretary to the
Authority.
(3) One of the independent members of the Authority shall be a p p o i n t ed b y t h e P r es i d e n t t o b e ch a i r m a n
an d an o th er d e p u t y chairman.
(4) Every member of the Authority shall, before entering upon his duties, take an oath of office before the Attorney General in
the form set out in the Schedule to this Act.
(5) Every member of the Authority shall hold office for a term of two years and if otherwise qualified may be re-appointed at the
end of his term of office.
(6) The President may determine the remuneration payable to the members of the Authority.
(7) No member of the Authority may be removed from office before the expiration of his appointment except by the President upon
a resolution of the House of Representatives praying for such r em o v al o n t h e g r o u n d o f p r o v e n m i s b e h av i
o u r o r i n ab i l it y t o perform the functions of his office:
Provided that if the House of Representatives stands dissolved or prorogued or adjourned for more than fourteen days, it
shall be lawful for the President to suspend any member from his office on the ground of misbehaviour or inability to perform the
functions of his office, so however, that such suspensions shall not e x t e n d b e y o n d t h e f i r s t t h r e e s i t
t i n g s o f t h e H o u s e o f R e p r e s e n t a t i v e s i m m e d i a t e l y f o l l o w i n g t h e d a t e o
f s u c h suspensions.
(8) The quorum of the Authority shall be of three members, one of whom shall be the chairman or the deputy chairman.
(9) Subject to the provisions of subarticle (8), the Authority s h a l l n o t b e d i s q u a l i f i e d f r o m t h e t r a
n s a c t i o n o f b u s i n e s s o n account of any vacancy among its members.
(10) The Director and/or any person deputed by him shall have the right to be present at all meetings of the Authority and to be
National Employment Authority.
heard on any matter.
(11) The proceedings of the Authority may, if the Authority so considers expedient, be conducted in camera.
(12) Decisions of the Authority shall be taken by majority of the votes of the members present. The chairman or, in his absence,
the deputy chairman, shall have only a casting vote.
(13) Subject to the provisions of this Act and of any regulations made thereunder, the Authority may regulate its own proceedings.
Cap. 9. (14) For the purposes of the following articles of the Criminal
Code, that is to say, article 91, articles 115, 119 and 120, articles
1 2 4 a n d 1 2 5 , a r t i c l e 1 3 3 a n d a r t i c l e 1 3 8 , t h e m e m b e r s o f t h e
Authority shall be deemed to be public officers.
Functions of the
Authority.
(a) to monitor employment and to investigate and adjudicate, in such manner as it may determine, any complaints which
any interested party may bring before it regarding employment and training services provided by the Corporation;
(b) to hear appeals as provided for in this Act;
(c) to tender advice to the Minister on any matter relating to the employment or training of workers, either at the request of the
Minister or on its own initiative, including proposals for regulations for such purposes or in such circumstances as
in the opinion of the Minister or of the Authority it is necessary or expedient to make provision by regulation;
(d) to make rules subject to the provisions of this Act:
(i) regarding the circumstances under which a person registered for employment may lose his priority for referral for
employment; and
(ii) providing for special consideration to be given to determinate classes of applicants being applicants with dependants,
applicants who are disabled, infirm or incapacitated or applicants requiring physical or social rehabilitation;
(e) such other functions as are or may be assigned to it by this Act or any other law.
(2) Where the Authority acts as a tribunal to hear appeals as provided in paragraph (b) of the foregoing subarticle, the following p r o v i s i o n s s h a l l , w i t h o u t p r e j u d i c e t o t h e p r o v i s
i o n s o f a n y regulations made under article 54, apply:
(a) the Authority shall reject any appeal which is not made in writing within the time specified in the provision of this Act allowing
such appeal;
(b) the chairman of the Authority or in his absence the
deputy chairman shall have the powers to summon witnesses and to administer an oath to any witness and to require him to give
evidence or to produce books or other documents before it;
(c) summons for attendance of witnesses shall be signed by the chairman or, in his absence, the deputy chairman,
and may be served either personally or by registered post, and in the latter case, in proving service, it shall be
sufficient to prove that the summons was properly addressed and posted;
(d) all persons summoned to attend and give evidence at any sitting of the Authority shall be bound to obey the summons served on
them; and any person refusing or omitting without sufficient cause to attend at the day, time and place mentioned in the summons
served on him or to answer, to the best of his knowledge and belief, all questions put to him by or with the concurrence
of the Authority, or to produce books or other documents required by the Authority to be produced before it, shall be
guilty of an offence against this Act:
Provided that no person giving evidence before the Authority shall be compelled to incriminate himself and every such person shall,
in respect of any evidence given by him before the Authority, be entitled to all the privileges to which a person giving evidence
before a court of law is entitled in respect of evidence given by him before such court;
(e) the decisions of the Authority on any appeal made under this Act shall be final.
(3) The Authority shall, in January of each year, submit a report of its activities to the Minister who shall lay the
same on the Table of the House of Representatives not later than the sitting first occurring after thirty days from its receipt.
PART III
Corporation.
(2) The Corporation shall be a body corporate having a distinct legal personality and shall be capable of entering into contracts,
of acquiring, holding and disposing of any property for the purpose of its f un ctio ns u nd er this Act, o f su ing an d o f b ein
g su ed , an d of doing all such things and entering into all such transactions as are i n c i d e n t a l o r c o n d u c i v e
t o t h e e x e r c i s e o r p e r f o r m a n c e o f i t s functions under this Act.
Establishment of the Corporation.
Conduct of affairs of the Corporation.
the Co rp or ation s hall be vested in the ch airm an or in any oth er d i r e c t o r a s t h e B o a r d m a y b y r e s o l u t
i o n d e s i g n a t e . A n y s u c h resolution shall be published in the Gazette as soon as may be after its approval and shall
not have effect until it is so published.
(2) The Board shall consist of such number of directors, being not less than seven, as the Minister may from time to time appoint.
Three of the members of the Board shall be appointed, after due co n s u lt at i o n w i th t h e m i n is t er s c o n ce r n ed
, f r o m am o n g s t s u ch persons as best represent the ministries responsible for labour, for education and for industry.
(3) The chairman of the Board and a deputy chairman shall be appointed by the Minister from amongst members of the Board.
(4) Where the chairman is absent from Malta or is otherwise temporarily unable to perform the functions of his office, or where
the post of chairman is temporarily vacant, the deputy chairman shall act as chairman.
(5) The chairman and the other directors shall be appointed yearly and shall hold office under such terms and conditions as
the M i n i s t e r m a y d e e m p r o p e r ; a n d t h e y s h a l l b e e l i g i b l e f o r reappointment.
(6) Subject to the provisions of this Act and to any directions o f t h e B o a r d , t h e e x e c u t i v e c o n d u c t o f
t h e C o r p o r a t i o n , i t s administration and organisation, and the administrative control of its off icer s an d s erv
an ts sh all b e th e res po ns ib ility of th e chief executive of the Corporation who shall also have such other powers as may
from time to time be delegated to him by the Board. The chief executive shall have the right to attend and be heard at all meetings
of the Board. He shall not, however, have a vote or be counted for the purpose of constituting a quorum.
(7) The provisions of article 3(14) shall mutatis mutandis apply to the Corporation, the chief executive and other employees of the Corporation.
Disqualification for appointment, removal and resignation of directors.
(a) is a member of the House of Representatives; or
(b) is legally incapacitated; or
(c) has been declared bankrupt or has made a composition or arrangement with his creditors; or
(d) has been convicted of a crime affecting public trust or theft or fraud or of knowingly receiving property obtained by
theft or fraud.
(2) A member of the Board may be relieved of office by the Minister on the ground of inability to perform the functions of his
office, whether due to infirmity of mind or of body, or to any other cause, or on the ground of misbehaviour.
(3) A member of the Board may resign his office by means of a letter to the Minister.
(2) The Board shall not act unless a quorum consisting of not less than half the number of members is present.
(3) The meetings of the Board shall be chaired by the chairman or, in his absence, by the deputy chairman.
(4) The decisions of the Board shall be taken by a majority of the votes of the members present and voting; and in the case of
an e q u a l i t y o f v o t e s t h e c h a i r m a n , o r i n h i s a b s e n c e t h e d e p u t y chairman, shall have and
exercise a second or casting vote.
(5) Any vacancy among the members of the Board, and any participation therein by a per son not entitled so to do, shall not invalidate
the proceedings of the said Board.
(6) Subject to the provisions of this Act, the Board may regulate its own proceedings.
Meetings of the
Board of directors.
(2) The Corporation shall consider any matter relating to the f o r m u l a t i o n o f a n o v e r a l l n a t i o n a l p o l
ic y f o r em p l o y m en t a n d training, and all matters relating to any of its functions under this A c t , a n d t h e C o
r p o r a t i o n m a y a l s o a d v i s e a n y d e p a r t m e n t o f Government on such matters.
(3) The Corporation shall afford the Minister the necessary facilities for obtaining information with respect to the property
and a c t i v i t i e s o f t h e C o r p o r a t i o n , a n d f u r n i s h h i m w i t h r e t u r n s , accounts and other information
with respect thereto, and afford him t h e n e c e s s a r y f a ci l i t i e s f o r t h e v e r if i c at i o n o f th e i n f
o r m at i o n furnished in such manner and at such time as he may require.
(4) The Minister may, after consultation with the Corporation, give to the Corporation such directives in writing as he may deem
appropriate, being directives of a general character not inconsistent with the provisions of this Act and the Corporation shall
comply with such directives.
(5) In carrying out any of its functions under this Act, or in any other thing or activity, the Corporation shall conform its
policies and activities with the aims and objectives of national economic planning from time to time in force.
(6) The Corporation may, with the approval of the Minister, exercise its functions under this Act through the agency of other
p er s o n s , an d m a y a c t a s a g e n t o r o th er w is e o n b e h a lf o f o th er persons.
Status of the
Corporation.
(a) in general to provide and maintain an employment
Functions of the Corporation in relation to the employment service.
Register of persons seeking employment. Amended by:
II. 2005.22.
service to assist persons to find suitable employment and to assist employers to find suitable employees; and
(b) in particular -
(i) to register persons seeking employment in the Register, taking note of their qualifications, experience, skills,
aptitudes, desires and such other details as may be deemed necessary or expedient;
(ii) to interview such persons and evaluate, if necessary, their physical and vocational capacity;
(iii) to assist persons seeking employment by guidance and advice on the choice of employment, and
the training and retraining which may be necessary;
(iv) to obtain from employers information on vacancies and on requirements to be met by the employees they require;
(v) to refer to available employment persons with suitable skills, aptitudes and physical capacity;
(vi) to collect and analyse information about the situation of the labour market and probable changes.
(2) The Register shall consist of such separate parts: Part One, for the registration of persons who are unemployed; Part Two,
for t h e r e g i s tr at i o n o f p e r s o n s wh o , w it h o u t a g o o d an d s u ff i c ie n t c a u s e , t e r m i n
a t e e m p l o y m e n t o r r e j e c t a n o p p o r t u n i t y o f e m p l o y m e n t o r t r a i n i n g , o r w h o
o t h e r w i s e r e f u s e o r f a i l t o participate in any employment or training measure or scheme of the Corporation; Part
Three, for persons in gainful occupation who are seeking alternative employment; such other Part for any category of persons or purposes
as may be prescribed after consultation with the Corporation.
(3) Subject to such provisions as may from time to time be otherwise prescribed, for the purpose of determining the length of
registration in one part of the Register, no account shall be taken of the period of registration in any other part.
(4) Any person who qualifies to be registered may seek to be registered under the appropriate part of the Register.
Registration for employment.
(2) At the time of first registration for employment and at any time during the period of validity of registration, the Corporation
may require the person seeking employment to furnish information or produce documents in his possession or control relating to his
d a t e o f b i r t h , p r e v i o u s e m p l o y m e n t , d e p e n d a n t s , e x p e r i e n c e , qualifications and other
matters relevant to his registration.
(3) If any person fails to provide any information requested from him under subarticle (2), such person shall forfeit his right
to registration under this article or to referral for employment under article 13, and shall be notified accordingly in writing.
(4) Any person aggrieved by a decision of the Corporation under this article may, within fifteen days from the notification
of such decision, appeal to the Authority.
(a) where employees with no special skill, knowledge or experience are required, regard shall be had to -
(i) the employer ’s requirements as to former employment and other factors relevant to the type of employment
offered;
(ii) the length of registration for employment;
(b) where employees with special skill, knowledge, experience or qualifications are required, regard shall be had to -
(i) the persons who best satisfy the requirements of the employer;
(ii) as between persons who are equally considered to be the best available, length of registration for employment:
Provided that, in referring any person for employment, the Corporation shall, unless otherwise prescribed, give preference to persons
registered in Part One over those registered in any other Part of the Register.
(2) When a person who is registered for employment refuses, without a good and sufficient cause, to avail himself of any suitable
opportunity for employment or training or of any other assistance o r s er v ic e o ff er e d t o h im b y t h e C o r p o r a t
io n , h e s h a ll lo s e h i s p r i o r i t y f o r r e f e r r a l f o r e m p l o y m e n t a n d s h a l l b e n o t i f i
e d accordingly in writing.
(3) Any person who, whilst registered in Part One or Part Two of the Register, is engaged in a gainful occupation or who, without
t h e p r i o r p e r m i s s i o n o f t h e C o r p o r a t i o n , i s e n g a g e d i n a n y occupation consisting in the provision
to any person of services that are normally remunerated, shall forfeit his right to registration under article 12 or to referral
for employment under this article.
(4) Any person who forfeits his right to registration or to referral under article 12 or this article shall not be entitled
to be registered in Part One or Part Two of the Register or to referral for employment unless such person proves to the satisfaction
of the
Referral of persons for employment. Amended by:
II. 2005.23.
Corporation that after having forfeited such rights as aforesaid he had been gainfully occupied for a continuous period of six months
and has ceased to be gainfully occupied for reasons that are deemed to be good and sufficient.
(5) Any person aggrieved by a decision of the Corporation under this article may, within fifteen days from the notification
of such decision, appeal to the Authority.
Notification and filling of vacancies.
(2) In referring persons for employment, the Corporation shall s e e k t o s a t i s f y t h e n e e d s o f t h e e m p l o y e r a s e x p e d i t i o u s l y a s p o s s i b l e . T h e e m p l o y e r s h a l l b e e n t i t l e d t o r e j e c t a n y p e r s o n submitted by the Corporation.
Engagement of employees by Government and Government owned or controlled bodies and companies. Amended by:
II. 2005.24.
(2) Where the recruitment of employees by the Government or any other employer to which subarticle (1) refers is in connection
with the employment of -
(i) persons required to fill posts, on the basis of a contract for a definite time requiring a special trust or posts for which
academic or professional qualifications are necessary; or
(ii) persons engaged from outside Malta,
the Corporation may cause or authorise recruitment, whether through referral by it or otherwise, under such conditions or in
such manner as the Corporation may deem appropriate:
Provided that any employee who is employed by the G o v e r n m e n t o f M a l t a o r b y a n y b o d y c o r p o r a t
e o r c o m p a n y r ef er r e d to i n a r t i c l e 11 0 ( 6 ) o f th e C o n s t i tu t i o n f r o m a m o n g s t persons who
already are public officers or are employees of any other body corporate or company referred to in article 110(6) of the Constitu
tion, then su ch employee shall b e deemed to have been e m p l o y e d t h r o u g h t h e r e c r u i t m e n t s e r v i c e p
r o v i d e d b y t h e Corporation.
(3) Under such circumstances, and in respect of such vacancies, as m ay be prescribed, the Cor poration shall refer
for employment with any employer as is referred to in subarticle (1), in p r e f e r en c e t o a n y o t h e r p e r s o n , p e
r s o n s w h o , wi t h i n t h e t h r e e
months immediately preceding such referral, have been discharged as redundant from such employment as may be prescribed.
(4) If upon a request for employees made to the Corporation by a Government department or any other employer as is referred to
in s u b a r t i c l e ( 1 ) , t h e C o r p o r a t i o n i s u n a b l e t o s u b m i t s u i t a b l e a p p l i c a n t s ,
t h e d e p a r t m e n t o r o t h e r e m p l o y e r m a y r e c r u i t t h e em ploy ees requ ired in vir tue of such other
ar r an gem en ts as the Corporation may authorise in any case or class of cases.
(5) A Government department or other employer as is referred t o i n s u b a r t i c l e ( 1 ) , r e j e c t i n g a n a p p l
i c a n t s u b m i t t e d b y t h e C o r p o r a t i o n s h a l l s p e ci f y i n w r i t i n g t h e r e as o n s f o r r e
je c t i o n . W h er e i n a n y c as e th e C o r p o r at i o n , af te r d u e i n v es t i g a ti o n , i s satisfied that the
department or employer has rejected an applicant w i t h o u t j u s t c a u s e , i t m a y o r d e r t h e d e p a r t m e n t
o r e m p l o y e r concerned to give employment to the applicant concerned in the o c c u p a t i o n f o r w h i c h h e w
a s o r i g i n a l l y s u b m i t t e d b y t h e Corporation.
(6) Any person who -
(a) contravenes any of the foregoing provisions of this article; or
(b) shows favour to, or uses discrimination against, any person for employment with any employer referred to in subarticle (1) on
the grounds of race, colour, sex, creed or on the grounds of his party or other political beliefs or associations,
shall be guilty of an offence against this Act.
(2) An order issued under subarticle (1) may include such terms, conditions, provisions and time limits as the Prime Minister may consider it appropriate to include for the purpose of regulating the said redeployment or for the purpose of avoiding any undue b u r d e n , a n o m a l y an d h a r d s h i p u p o n t h e e m p l o y er o r u p o n t h e e m p lo y e e o r u p o n o t h er e m p l o y e e s o f t h e b o d y o r p a r t n e r s h i p where the said employee shall have been or shall be about to be redeployed.
Redeployment of employees within the public sector. Added by:
VII. 2006.2.
(a) to provide training courses or other schemes for the purpose of assisting persons desiring to fit themselves
Functions of the Corporation in relation to training.
for gainful occupation, or desiring to improve or update the quality of their knowledge and skills for the same purpose;
(b) to obtain information from employers regarding the number, educational level, skills and aptitudes of persons they
may require for employment both in the short term and in the long term;
(c) to enter into arrangements with the said employers, or any other person, for the provision of training courses or other schemes
contemplated by this article.
(2) The reference in this article to the provision of training c o u r s e s o r o t h e r s c h e m e s s h a l l b e c
o n s t r u e d a s i n c l u d i n g a reference to the m ak in g of payments to persons who atten d any s u c h c o u r s e o r
s c h e m e , l o c a l l y o r a b r o a d i n r e s p e c t o f t h e i r travelling expenses, the provision of residential accommodation
an d t o th e p r o v is i o n o f an y o th er f ac il i ty o r s er v i ce i n c id e n ta l thereto.
Powers of the Corporation in relation to training.
(a) provide or secure the provision of such courses and other schemes as it may consider adequate, having regard to any courses
or schemes otherwise available;
(b) approve such courses and schemes provided by other persons;
(c) from time to time consider such employments as appear to require consideration and publish recommendations
with regard to the nature and length of the training for any such employment, the further education to be required with the training,
the persons by and to whom the training ought to be given, the standards to be attained as a result of the training and the methods
of ascertaining whether those standards have been attained;
(d) make arrangements for the application of selection tests and of tests or other methods for ascertaining the attainment of
any standards recommended by it and may award certificates of the attainment of those standards;
(e) assist any person in finding facilities for being trained where it cannot provide such training;
(f) carry on or assist other persons in carrying on research into any matter relating to training.
(2) The Corporation may enter into contracts of service or of apprenticeship with any person who intends to attend courses or
avail himself of any other scheme it has provided.
(3) The Corporation may -
(a) at the request of the Authority provide such other
advice, and such other courses and schemes for training, as are mentioned in the request;
(b) at the request of any employer provide advice about training connected with his activities;
(c) enter into agreements with employers relative to payments by them to the Corporation in respect of the exercise by the
Corporation of any of its functions.
(4) The Corporation may -
(a) make grants or loans to persons providing courses or other schemes approved by the Corporation;
(b) pay fees to persons providing further education in respect of persons who receive it in association with their training
in courses or other schemes provided or approved by the Corporation;
(c) make payments to persons in connection with arrangements under which they or their employees make use of
courses or other schemes provided or approved by the Corporation.
PART IV
(2) Public officers seconded for duty with the Corporation shall b e u n d e r t h e a d m i n i s t r a t i v e a u t h o r i t y a n d c o n t r o l o f t h e Corporation, but shall for all other intents and purposes remain and be considered and treated as public officers.
Personnel of the
Corporation.
(2) Thereafter the Corporation shall be paid out of the C o n s o l i d a t e d F u n d s u c h s u m s a s t
h e H o u s e m a y a p p r o v e i n accordance with the following articles:
Provided that in relation to its function, other than those in c o n n e ct io n w it h i ts f u n c ti o n as an e m p l o y m e
n t s e r v i ce f o r t h e purposes of article 110 of the Constitution, nothing in this Act shall p r e v e n t t h e C o r p o
r a t i o n f r o m e n t e r i n g i n t o a r r a n g e m e n t s f o r
Capital and revenue of the Corporation. Amended by:
L.N. 424 of 2007.
s e c u r i n g p a r t o f i t s f u n d s f r o m s o u r c e s o t h e r t h a n t h e p u b l i c revenue.
(3) The Corporation shall cause to be prepared in every financial year, and shall not later than six weeks before the end
of each financial year adopt, estimates of the income and expenditure of the Corporation for the next following financial year.
(4) The estimates shall be made in such form and shall contain such information and such comparisons with previous estimates as
the Minister may direct.
(5) The Corporation shall within the same time mentioned in s u b a r t i c l e ( 3 ) , m a k e a r e p o r t o f i t s a c t i
v i t i e s d u r i n g t h a t y e a r containing such information relating to the functions and activities of the Corporation as
the Minister may from time to time require.
(6) A copy of the estimates of the Corporation, together with a copy of the report, shall, upon their adoption by the Board, be
sent forthwith to the Minister.
(7) The Minister shall, at the earliest opportunity and not later than four weeks after he has received a copy of the estimates
and of the report of the Corporation, or, if at any time the House is not in session, within four weeks from the beginning of the
next following session, cause such estimates and such report to be laid before the H o u s e t o g et h e r wi t h a m o t io n t
h a t t h e H o u s e ap p r o v e t h e s a id estimates. Not less than one sitting shall be allotted for the debate in the House
on such motion; and both the motion and the approval of the estimates by the House may be with or without amendment to the estimates.
(8) No expenditure shall be incurred by the Corporation that has not been approved by the House:
Provided that -
(a) until the expiration of six months from the beginning of a financial year or until the approval of the estimates for
that year, the Corporation may make or incur expenditure for carrying out its functions under this Act not exceeding in the aggregate
one half of the amount approved for the preceding financial year;
(b) expenditure approved in respect of a head or sub-head of the estimates may, with the approval of the Minister, be incurred in
respect of another head or sub-head of the estimates;
(c) if in respect of any financial year it is found that the amount approved by the House is not sufficient, or if a need has
arisen for expenditure for a purpose not provided for in the estimates, the Corporation may adopt supplementary
estimates for approval by the House and, pending such approval, but subject to its being given, the Corporation
may in special circumstances and with the approval of the Minister, incur the relative expenditure; and the provisions of
this Act applicable to the estimates shall, as near as
practicable, apply to the supplementary estimates:
Provided further that in respect of the first financial year of t h e C o r p o r a t i o n , t h i s a r t i c l e s h a l l a p
p l y a s i f i t r e q u i r e d t h e Corporation to adopt estimates for that year not later than twelve weeks from the coming
into force of this article and as if the total expenditure that may be made or incurred by the Corporation until the approval of
the estimates for that year by the House may not exceed one half of the amount shown in such estimates.
(9) All estimates and supplementary estimates approved by the
House shall, as soon as practicable, be published in the Gazette.
(2) The accounts of the Corporation shall be audited by an a u d i t o r o r a u d i t o r s t o b e a p p o i n t e d
b y i t a n d a p p r o v e d b y t h e Minister:
Provided that the Minister responsible for finance may require the books and other records of the Corporation to be audited
or examined by the Auditor General who shall for this purpose have power to carry out such physical checking and other verifications,
and may require such information, as he may deem necessary.
(3) After the end of each financial year, at the same time as a c o p y o f t h e e s t i m a t e s o f t h e C o r p o r a t i
o n i s f o r w a r d e d t o t h e Minister under article 19, the Corporation shall cause a copy of the statement of accounts duly
audited to be transmitted to the Minister together with a copy of any report made by the auditor or auditors on that statement or
on the accounts of the Corporation.
(4) The Minister shall cause a copy of every such statement and report to be laid before the House of Representatives together
with the motion laid before the House under article 19.
Accounts and audit. Amended by: XVI.1997.8.
(a) the carrying out of functions of the Corporation under this Act;
(b) any other expenditure properly chargeable to capital account.
(2) The Corporation may also from time to time borrow, by way of overdraft or otherwise, for periods not exceeding twelve months,
such sums as it may require for carrying out its functions under this Act:
Provided that for any amount in excess of four hundred and sixty-five thousand and eight hundred and seventy-four euro and
Power to borrow capital.
Amended by:
L.N. 424 of 2007.
sixty-eight cents (465,874.68), there shall be required the approval of the Minister in writing.
(3) Whenever it may be necessary for the Corporation to b o r r o w b y w a y o f a d v a n c e s f r o m t h e G o v e
r n m e n t a n y s u m s required by it to carry out any of its functions under this Act, the Minister responsible for finance may,
after consultation with the M i n i s t e r , b y w a r r a n t u n d e r h i s h a n d a n d w i t h o u t f u r t h e r
appropriation other than this Act, authorise the Accountant General to make advances to the Corporation either out of the proceeds
of a n y l o a n c o n t r a c t e d o r r a i s e d f o r t h e p u r p o s e o r o u t o f t h e Consolidated Fund; and such advances
shall be made on such terms and conditions as the Minister responsible for finance may direct.
(4) The Minister responsible for finance may, for any requ irements of th e Co rpo ration of a cap ital nature, con
tract or raise money, or incur liabilities, for such periods and on such terms and conditions as he may deem appropriate; and any
sums due in respect of or in connection with any such loan or liability shall be a charge on the Consolidated Fund.
(5) Notice of any loans, liabilities or advances made or in cu r r ed u n d er th e f o r eg o in g p r o vi sio n s o
f th is ar t icle sh al l b e given by the Minister to the House of Representatives as soon as practicable.
Exemption from certain taxes and duties. Substituted by: XV.1995.9.
Employment agencies and businesses to be licensed. Amended by: XXIII. 2009.76.
Cap. 500.
Cap. 500.
PART V
(a) he is the holder of a current licence granted by the Director authorizing him to carry on such an agency or business in premises
specified in the licence, or
(b) he is the holder of a relevant authorization to conduct business as an employment agency by a competent authority in
a Member State, and has notified the Director of his intention to provide or that he is providing services of an employment
agency in Malta within five working days from the date of the commencement of this activity:
Provided that for the purposes of this article, the term
‘ relev ant au tho risation’ means th e auth or ization to p er fo rm the services of an employment agency issued by a competent
authority
of a Member State and it shall be read and construed in terms of the
Services (Internal Market) Act:
Provided further that the Director may impose any n e c e s s a r y r e q u i r e m e n t s o n h o l d e r s o f r
e l e v a n t a u t h o r i z a t i o n s r ef e r r e d t o i n p a r a g r a p h ( b ) i n t er m s o f t h e S e r v i c e s ( I n t e r n a l
Market) Act.
(2) This article shall not apply to the supply of port workers in accordance with the Port Workers Ordinance, and shall be without
prejudice to the provisions of the Merchant Shipping Act.
Cap. 171. Cap. 234.
(2) A person who receives a notification of the intention of the D i r e c t o r a s i s m e n t i o n e d i n s u b a r t i c
l e ( 1 ) m a y m a k e w r i t t e n representations ther eon to the Director within thir ty days of the receipt of such notification.
(3) If the Director receives such representations within the time specified in subarticle (2), he shall consider them and -
(a) if he decides not to proceed with his intentions and accordingly decides to grant or not to revoke or transfer the licence,
he shall notify the applicant or holder of his decision;
(b) in any other case, the Director shall notify the applicant or holder accordingly, and the latter may, within
fifteen days from such notification, appeal to the Authority.
Representations on refusal or revocation of a licence.
Amended by: XXIII. 2009.77.
(a) requiring persons running such agencies and businesses to keep records as may be prescribed;
(b) prescribing the qualifications required for persons running such agencies and businesses;
(c) regulating advertising by persons running such agencies and businesses;
(d) regulating the provision of services by persons running such agencies and businesses in respect of persons who seek employment
outside Malta.
PART VI
Conduct of employment agencies and businesses.
Work Books and other documents.
(a) for the use of work or identity cards or other documents for all or any one or more classes of such persons;
(b) the method of issue and control of such documents;
(c) for the fees to be paid for the issue and replacement thereof;
(d) for the conditions under which such documents may be issued;
(e) who the persons responsible for the custody of such documents may be; and
(f) the particulars to be shown or entered in such documents or records.
(2) Any such regulations may also provide for such documentation as may be prescribed for purposes of registrations
for employment or employment training.
(3) The Minister may also make regulations providing for the r e s t r i c t i o n o f t h e d i s c l o s u r e o f a n y p a
r t i c u l a r s f u r n i s h e d i n accor dance with r egulations un der this article, or in accordance with article 27, for
prescribing the conditions under which records of any such particulars may be kept and for requiring such records to be destroyed
after such period as may be prescribed.
(4) The Minister may delegate any power vested in him by this article to the Corporation.
Particulars concerning persons leaving school.
(2) Without prejudice to the generality of the power conferred i n s u b a r t i c l e ( 1 ) , t h e p a r t i c u l a r s w h
i c h m a y b e r e q u i r e d s h a l l include such particulars, relating to age, sex, ability, educational attainments and other
particulars of the persons to whom they relate as appear to the Corporation to be necessary or expedient to enable a d e q u a t
e a d v i c e t o b e g i v e n o n e m p l o y m e n t p r o s p e c t s a n d t o prepare plans for their training pursuant to
the provisions of this Act.
(3) Any person who fails to comply with any request made under this article shall be guilty of an offence against this Act.
Information as to employment and other occupations.
(2) Any such request may be either general or with respect to a c l a s s o r c l a s s e s o f e m p l o y e r s , o r t o a p
a r t i c u l a r e m p l o y e r o r employers, or to a class or classes of gainfully occupied persons.
(3) Where any such request is general or with respect to a class o r c l a s s e s o f e m p l o y e r s o r t o a c l a s s o
r c l a s s e s o f g a i n f u l l y
o c c u p i e d p e r s o n s , i t s h a l l b e m a d e b y n o t i c e p u b l i s h e d i n t h e
Gazette.
(4) Any person who fails to comply with any request made under this article shall be guilty of an offence against this Act.
PART VII
b o u n d b y a w r i t t e n a g r e e m e n t t o s e r v e a n e m p l o y e r f o r a
determined period with a view to acquiring knowledge, including t h e o r y a n d p r a c t i c e , o f a c a l l i n g i n w h i
c h t h e e m p l o y e r i s
r ecipr ocally bo un d to in str uct th at per so n an d "app r en ticesh ip"
shall be construed accordingly;
"callin g" m eans an y skill, tr ad e, craft, o r other occup ation or section thereof, designated from time to time by
a scheme or by the Minister by notice in the Gazette;
"conditions of employment" has the same meaning as assigned to it in article 2 of the Employment and Industrial Relations
Act;
"journeyman" means a person who has served his apprenticeship and has satisfied a Trade Testing Board as to his proficiency
in a calling;
"parent" in addition to its ordinary meaning includes any person who has the legal care or custody or the care or custody
in fact of another person who has not attained the age of eighteen years;
"pr escribed" means prescribed by a scheme or by r eg ulatio ns under this Part;
"scheme" means a scheme under this Part;
"Trade Testing Board" means a board constituted as in article 40; "trainee" means a person other than an apprentice,
who is not of
c o m p u ls o r y s c h o o l ag e an d wh o is r e cei v in g tr a in i n g u n d e r a n agreement in writing in a calling or part
of a calling otherwise than
at a recognised educational establishment, provided that a trainee
may be required to attend a recognised educational establishment a s p a r t o f s u c h t r a i n i n g a n d " t r a i n e
e s h i p " s h a l l b e c o n s t r u e d
accordingly.
Provided that no such permit shall be given under this article for the employment of apprentices or trainees unless a draft s ch em e o r ag r eem en t wh ich in clu d es p r o vi si o ns r e sp ect in g th e q u a l i f i c a t i o n s , t r a i n i n g a n d c o n d i t i o n s o f e m p l o y m e n t o f a n apprentice or trainee has been previously drawn up by the person applying therefor and approved by the Minister on the advice of the Corporation and unless such a person shows to the satisfaction of
Interpretation for the purposes of Part VII.
Cap. 452.
Permit to employ apprentices or trainees.
t h e C o r p o r a t i o n t h a t h i s e s t a b l i s h m e n t o f f e r s r e a s o n a b l e opportunities for the proper
training of the number of apprentices or trainees proposed to be employed therein.
(2) Any person who contravenes any of the provisions of subarticle (1) shall be guilty of an offence against this Act.
Written agreement. 31. (1) An employer on engaging an apprentice or trainee shall enter into a written agreement with him.
(2) If such apprentice or trainee is a minor he shall not so bind h im se lf ex ce p t wi th th e co n s en t o f h is p ar en
t , o r if th e r e is n o parent, with the consent of the Director.
(3) A minor who binds himself as an apprentice or trainee as p r o v i d e d i n s u b a r t i c l e ( 2 ) , s h a l l b e b o
u n d b y t h e a g r e e m e n t throughout its currency notwithstanding that he may have in the meantime attained the age of eighteen
years.
Registration of agreement.
(2) When registering such agreement, the Corporation shall ensure that:
(a) such agreement complies with the provisions of the apprenticeship or traineeship scheme applicable to the trade or calling;
(b) the employer and the apprentice or trainee are fit and proper persons to enter into such agreement;
(c) the apprentice or trainee has produced to the employer a medical certificate certifying his capability to undertake
training in the calling;
(d) the apprentice or trainee has the necessary standards of education prescribed by the scheme.
(3) The Corporation shall keep a Register of Apprentices and a
Register of Trainees and all agreements shall be registered therein.
(4) The date of registration shall not affect the date of c o m m e n c e m e n t o f t h e a g r e e m en t , b u t
a r e f u s a l t o r e g i s t e r t h e agreement shall cause the agreement to be null and void from the date of refusal. The date
of commencement of an agreement shall b e th e date o f sig nin g b y all th e par ties or su ch d ate as may be stipulated herein.
(5) Any party aggrieved by a decision of the Corporation under this article may within fifteen days from the date of notification
in writing of such decision appeal to the Authority.
Transfer of agreement.
(2) Subject to the provisions of subarticle (4) no such transfer shall be complete until it has been registered with the Corporation.
(3) The Corporation may refuse to register any transfer which, in its opinion, is not in the interest of the apprentice or trainee.
(4) If any person is engaged as an apprentice or trainee by a partnership, his agreement shall not be terminated by reason of the
death or retirement of any partner, if the business of the partnership is continued by another person or partnership; and the rights
and obligations of the employer under the agreement shall be deemed to be transferred to the person or partnership continuing the
business.
(2) An appeal from a decision of the Corporation under this article may be made to the Authority within fifteen days from the notification in writing of the decision.
Termination or Rescission of agreement.
(2) No apprentice or trainee who has completed his probationary period shall attend to any selective interviews, test or examination and no person may interview, test or examine any such a p p r e n t i c e o r t r a i n e e , w i t h a v i e w o f a l t e r n a t i v e e m p l o y m e n t , u nless such app ren tice o r train ee h as been so au tho r ised b y h is e m p l o y er a n d t h e C o r p o r at i o n h a s g iv en i t s a p p r o v a l ; a n d an y p er s o n act in g i n c o n tr av e n ti o n o f a n y o f th e p r o v is io n s o f th i s subarticle shall be guilty of an offence against this Act.
Probationary period.
(2) Every person who is or has been an employer referred to a b o v e s h a l l r e t a i n a n y r e c o r d m a d e i n t e r
m s o f t h e p r e c e d i n g subarticle for a period of three years subsequent to the date of the record, and shall on demand
by the Corporation made at any time during the said period of three years produce the said records for inspection.
(3) Any person acting in contravention of any of the foregoing provisions of this article, or failing to comply with any demand
made thereunder, shall be guilty of an offence against this Act.
Records to be kept by employers.
Making of schemes.
(a) the qualifications, including age and educational standard, required for apprentices or for trainees;
(b) the period of apprenticeship or traineeship, the variations in such period which may be allowed, and the circumstances
under which those variations may be allowed;
(c) the rates according to which apprentices and trainees shall be remunerated, the circumstances under which those rates may be
reduced or shall be increased, and the extent of the reduction or increase:
Provided that no rate based upon the quantity of work done shall be prescribed except in the last year of apprenticeship or traineeship;
(d) the classes of instruction which apprentices or trainees shall attend and the number of hours per week, whether within
or outside their ordinary working hours, and the period during which they shall attend such classes;
(e) the practical training which employers shall provide for apprentices and trainees in their employ;
(f) the proficiency tests or examinations which apprentices or trainees shall undergo from time to time;
(g) the maximum number of ordinary working hours which apprentices or trainees may be required or permitted to work
during any week or on any day, and the days on which, the hours on any day before or after which and the intervals during which no
apprentice or trainee may be required or permitted to work;
(h) the maximum period of overtime which apprentices or trainees may be required or permitted to work during any specified period,
and the rates according to which they shall be remunerated in respect of overtime;
(i) the number of paid holidays to be allowed to apprentices or trainees during any year of apprenticeship
or traineeship and the rates according to which they shall be remunerated in respect of such holidays;
(j) the circumstances under which an employer shall pay additional remuneration to any apprentice or trainee in his employment
and the amount of the additional remuneration or the manner in which it shall be calculated;
(k) the remuneration and the other conditions of apprenticeship or traineeship in respect of any period during
which an apprentice or trainee is unable by reason of any condition of apprenticeship or traineeship or
other specified circumstance to render service to his employer during ordinary working hours.
(2) A scheme may provide for the making of orders for giving effect to the purpose of the scheme.
(3) A scheme may be amended or revoked by a subsequent scheme or by an order made by the Minister, after consultation with
the Corporation.
(4) Different conditions of apprenticeship or traineeship may be prescribed under subarticle (1) in respect of different classes
of e m p l o y e r s o r ap p r e n t ic es o r t r a in ee s , an d d i ff e r en t d e s ig n at e d callings, and in prescribing
such different conditions the Minister may apply any method of differentiation he may deem advisable.
(5) The Minister may, in any scheme published under s u b ar ti c l e ( 1 ) p r o v i d e t h a t t h e co n d i
t io n s o f a p p r en t i c es h i p o r traineeship therein prescribed or such of the said conditions as may b e specif ied th
er ein s hall, as fr om a d ate s o sp ecif ied, ap ply in r e s p e c t o f a p p r e n t i c e s o r t r a i n e e s w h o h a
v e e n t e r e d i n t o a n agreement of apprenticeship or traineeship upon or after the date on which the calling concerned was
designated and before the date upon which the said conditions come into operation, and no such agreement shall cease to b e bind
in g upo n the p ar ties th er eto b y reason of the fact that as a result of the scheme, the conditions of a p p r e n t i c e s
h i p o r t r a i n e e s h i p a p p l i c a b l e i n r e s p e c t o f t h o s e apprentices or trainees have changed.
(2) If in the opinion of the Corporation any apprentice or tr ainee is no t receivin g adeq uate train ing , th e C or
po ratio n m ay order the employer of the apprentice or trainee to take such action, specified in the order, as the Corporation deems
necessary to ensure that the apprentice or trainee will receive adequate training, and may withdraw or vary any such order.
(3) In any such order the Corporation may, subject to the provisions of any scheme applicable in the case, specify the
classes o f wo rk on which th e ap pr entice or train ee is to be tr ain ed, the periods during which, the intervals at which or
the dates between which he shall be so trained, the conditions relating to supervision, the method or place of work, and any other
matters or conditions relating to the training of the apprentice or trainee.
Power of Corporation to ascertain adequate training.
(2) No loan of the services of an apprentice or trainee to another employer authorized under subarticle (1) shall release the p e r s o n w h o i s t h e e m p l o y e r i n t e r m s o f t h e a g r e e m e n t o f a p p r e n t i c e s h i p o r t r a i n e e s h i p f r o m a n y o b l i g a t i o n u n d e r t h e agreement.
Loan of services of apprentices or trainees.
Trade Testing Boards and Certification.
(2) The Corporation shall issue to each apprentice or trainee wh o h as c o m p le te d h i s te r m o f ap p r e nt ic es h ip
o r t r ai n ees h i p a journeyman’s certificate or a certificate of competence as the case may be, if the apprentice or trainee
has satisfied a Trade Testing Board that he has attained the required standard of proficiency or competence:
Provided that the Corporation may with the concurrence of the Minister issue such certificates without reference to a Trade Tes ti
ng Bo ar d i f it is s atis f ied t h at s u itab l e ar r an g em en ts ex is t w i t h i n a n y i n d u s t r y o r u n d e r
t a k i n g , w h e t h e r b e l o n g i n g t o Government or not, for the assessment of apprentices or trainees as r e g a r d
s a t t a i n m e n t o f t h e r e q u i r e d s t a n d a r d o f p r o f i c i e n c y o r competence in the particular calling.
Regulations with respect to standards, certification, etc.
Settlement of differences.
(2) During the period of any dispute between an employer and an apprentice or trainee, the employer shall be entitled as from the date of reporting the circumstances to the Corporation, to suspend the apprentice or trainee from work without pay, saving the right of the apprentice or trainee to full reinstatement with back-pay if the final decision is in his favour.
Acceptance of premiums.
(2) Any person who has, in contravention of the provisions of
subarticle (1), paid or given any such consideration, may recover the same in a court of law and any court, before which any person
is proved to have committed a contravention of the said subarticle, m a y o n p r o o f o f t h e a m o u n t i m p r o p e r l y
r e c e i v e d , o r d e r s u c h person, to refund the same and any such order shall be of the same force and effect and be executable
in the same manner as if it had been given in a civil action duly instituted in that court between such person and the person who
paid or gave the consideration:
Provided that any such claim for the refund of the money improperly received shall be barred by the lapse of two years from the termination
of the apprenticeship or traineeship.
Corporation, make regulations prescribing -
(a) the certificates, in respect of birth and educational standard, which may be demanded and medical examination
which may be required in connection with the registration of an agreement of apprenticeship or traineeship, the forms on which such
an agreement and medical certification of apprentices and trainees is to be made;
(b) the nature of returns which employers may from time to time be required to furnish and the period within which those returns
shall be so furnished;
(c) the circumstances and manner in which any amendment may be made in an agreement of apprenticeship
or traineeship;
(d) all matters which by this Part are required or permitted to be prescribed;
(e) generally all matters which he considers necessary or expedient to prescribe in order that the purposes of this Part may be achieved.
(2) Different regulations may be made under subarticle (1) in respect of different classes of employers or apprentices or trainees
a n d o f d i ff e r e n t c a l l i n g s , a n d i n m a k i n g s u c h r e g u l a t i o n s t h e M inister may ap ply any m
etho d of differentiatio n he may deem advisable.
Regulations with respect to apprentices or trainees.
(a) any right which an apprentice or trainee may have to institute civil proceedings against his employer in respect of any
contravention of or failure to comply with any provision of an agreement of apprenticeship or traineeship or any condition thereof;
(b) any right which an employer may have to institute civil proceedings against an apprentice or trainee in respect of any
contravention of or failure to comply with the provisions of the agreement of apprenticeship or traineeship or any condition thereof.
Civil rights of apprentice or trainee and employer.
PART VIII
Enforcement. Amended by: II. 2005.25.
(2) Inspectors under this Act shall have such functions and duties as may be prescribed.
(3) Inspectors designated as aforesaid shall be empowered -
(a) to enter freely and without previous notice at all reasonable times any premises or place liable to inspection
under this Act;
(b) to carry out in any such premises or place any examination, test or inquiry which they may consider necessary in order
to satisfy themselves that the provisions of this Act or of any regulations or orders thereunder as well as any recognised
conditions of employment are being observed, and in particular -
(i) to interrogate, alone or in the presence of witnesses, the employer or the employees or the apprentices or trainees
on any of the said matters;
(ii) to require the production of any books, registers or other documents the keeping of which is prescribed by this Act
or by any order issued under this Act and to copy such documents or make extracts therefrom.
(4) On the occasion of an inspection visit, an inspector shall notify the employer or his representative of his presence, unless
he c o n s i d e r s t h a t s u c h a n o t i f i c a t i o n m a y b e p r e j u d i c i a l t o t h e performance of his duties.
(5) The premises and places liable to inspection under this Act are any premises or places in respect of which any provisions of
this Act or of any regulation or order thereunder or any recognised c o n d i t i o n s o f e m p l o y m e n t a p p l y o r a n
y p r e m i s e s o r p l a c e s i n respect of which an inspector has reasonable cause to believe that this Act or any regulations
or orders thereunder or any recognised conditions of employment apply.
Improper influence.
(2) Any person who contravenes any of the foregoing provisions of this article shall be guilty of an offence against this Act.
Act -
(a) furnishes any information which he knows to be false in a material particular, or recklessly furnishes any information
which is false in a material particular; or
(b) with intent to deceive produces, furnishes, sends or otherwise makes use of any document which is false in a material particular;
or
(c) wilfully refuses or without lawful excuse (the proof whereof shall lie on him) withholds any material information,
s h a l l b e g u i l t y o f a n o f f e n c e a g a i n s t t h i s A c t a n d s h a l l o n conviction be liable, to a fine (multa) of not less than one hundred and sixteen euro and forty-seven cents (116.47) but not exceeding one thousand and one hundred and
sixty-four euro and sixty-nine cents (1,164.69), or to imprisonment for a period not exceeding one year, or to both such fine and
imprisonment.
(a) contravenes or fails to comply with any provision of an agreement of apprenticeship or traineeship or any provision of a scheme
which is binding upon him; or
(b) contravenes or fails to comply with the provisions of article 30, article 35(2), article 36, article 43(1); or
(c) knowingly or recklessly makes any incorrect statement or entry in any record or return kept or furnished under this Part or any
regulations made thereunder; or
(d) refuses or fails to answer to the best of his knowledge any question which the Director or his representative, an officer of
the Corporation or an inspector has put to him in the exercise of his functions under this Part; or
(e) refuses or fails to comply with any requirements duly provided for under this Act; or
(f) hinders the Corporation or the Director or their representatives or an inspector in the performance of their functions
under this Act,
shall be guilty of an offence against this Act.
(2) Where any contravention against Part VII of this Act or any regulations made thereunder is committed by a person who is under
the authority, control or charge of another person, liability therefor shall be contracted not only by the person committing the
contravention but also by such other person if the contravention could have been prevented by the exercise of diligence on the part
of such other person.
50. Any person guilty of an offence against this Act under article 15 or article 47 thereof shall be liable, on conviction, to
a fine (multa) of not less th an one th ousand an d o ne hu ndred an d sixty-four euro and sixty-nine cents (1,164.69) but not exceeding eleven
th ousand an d six hu ndred and f orty-six euro and eigh ty-
False information, etc.
Amended by:
L.N. 424 of 2007.
Offences in respect of apprenticeship
or traineeship.
Offences against articles 15 and 47. Amended by:
L.N. 424 of 2007.
General penalty.
Amended by:
L.N. 424 of 2007.
seven cents (11,646.87).
51. (1) Any person guilty of an offence against this Act or who fails to comply with any of the provisions of any regulations or o r
d e r s m a d e t h e r e u n d e r, s h a l l , u n l e s s a p a r t i c u l a r p e n a l t y i s provided therefor in this
Act or in any such regulation or order, be liable, on conviction, to a fine (multa) of not less than forty-six euro and fifty-nine cents (46.59) and not more than nine hundred and thirty-one euro and seventy-five
cents (931.75).
(2) No proceedings shall be taken against any person for any offence against this Act other than an offence against articles 15
and 47 thereof, where such person, having received an intimation by the Director for the payment of a penalty of thirty-four euro
and ninety-fou r cents ( 34.94) for having contravened the provisio ns a f o r e s a i d o f t h i s A c t o r o f a n y r e g u
l a t i o n s o r o r d e r s m a d e thereunder, complies with such provisions and pays such penalty to the Director in either case
within fifteen days from the receipt by him of such intimation.
Saving for Criminal Code. Cap. 9.
Prescription. 53. Notwithstanding any other law, proceedings for an offence un der this Act may be com menced at any time within six y ear s from the commission of the offence.
PART IX
Regulations.
Amended by:
L.N. 424 of 2007.
(a) for providing for any matter which is required or authorised by this Act to be prescribed;
(b) for prescribing the powers and procedures of the Authority in the hearing and disposal of appeals under this Act.
(2) The powers of the Minister to make regulations under any of the provisions of this Act shall include the power to establish
the punishments in respect of any violation or contravention thereof, or failure to comply therewith:
Provided that such punishments shall not exceed a fine (multa) of two thousand and three hundred and twenty-nine euro and thirty- seven cents (2,329.37) or imprisonment exceeding three months.
Conflict of interest. 55. (1) A director, officer, employee, agent or consultant of the Corporation who is in any way directly or indirectly interested in any contract made or proposed to be made by the Corporation or in any activity or service to be provided for or by the Corporation, shall as soon as possible after the relevant circumstances shall have come to his knowledge, disclose the nature of his interest to the
Board of the Corporation.
(2) Any disclosure made under subarticle (1) by a director shall be recorded in the minutes of the meeting at which it is made,
and the director -
(a) shall, after the disclosure, withdraw from the meeting while that matter is being discussed or decided by the Board; and
(b) shall be disregarded for the purpose of constituting a quorum of the Board for any such discussion or decision.
(3) The Corporation shall without delay inform the Minister of any disclosure made under this article.
i n v i r t u e o f t h e E m p l o y m e n t S e r v i c e A c t * a n d t h e I n d u s t r i a l
Training Act* shall continue in force and shall be deemed to have been made under and in virtue of this Act.
(2) The provision of the Employment Service Act* relating to t h e A u x i l i a r y Wo r k e r s a n d Tr a i n i n g S c h e m e , a n d t o w o r k e r s en g a ge d th e r ein
, sh a ll co n ti n u e t o ap p l y u n ti l su c h ti m e as th e Minister may by order determine.
(3) Any person registered for employment under the Employment Service Act* shall continue to enjoy the same priority for referral for employment under this Act, to which he was entitled
immediately before the coming into force of this Act.
Saving.
Cap. 141. Cap. 134.
*Repealed by this Act; but see Legal Notices Nos. 124 and 175 of 1990, and 126 of
1995.
SCHEDULE [ARTICLE 3]
FORM OF OATH TO BE TAKEN BY MEMBERS OF THE AUTHORITY
I,................................................................ having been appointed to be Member o f th e N a ti o n al E m p
l o y m e n t A u th o r it y co n s t i tu t ed u n d e r th e E m p l o y m e n t an d Training Services Act, do hereby swear that
I will faithfully, fully, impartially and to the best of my ability discharge the trust and perform the duties devolving upon me
by virtue of the said appointment.
So help me God.
............................
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