ACT No. XVIII of 19117 AN A CT further 10 amend 1"" Employmen/ Su,'iu Act, 1955.

J assent.

(L.S.)

PAUL XUEREII

Actill8 J>r~>i<.l~nt

21s1 AuguSI. 1987

ACT No. XVIII of 19117

AN A CT further 10 amend 1"" Employmen/ Su,'iu Act, 1955.

BE IT ENACfED by the President, by and with the advice and consent

of the House of Representatives. in this present Parliament assembled. and

by Ihe aUlhority of the same, as follows:-

Thi s Act may be cited as the Employment Service (Amendment)

Act, 1987. and il shall be read and construed as one with the Employment

Service Act. 1955, hereinafter referred to as "the principal Act" _

Section 2 of the principal act shall be amended as follows

(a) immediately after Ihe words "in this Act. unless the context

otherwise requires - "' there shall be inserted the following definition

.. .. auxiliary worker" means a person engaged in the Scheme:'"

'"'

(b) immediately after the definition of "order" there shall be in ·

serted the definition

• .. ·the Scheme" means the Auxiliary Workers and Training

Scheme established by section 13A of this Act ;".

J. Immediately after section 5 of the principal Act. there shall be added

the following proviso

'"Provided that auxiliary workers shall on engagcmem be registered

under Pari Two of the Register of Applicants for Employment as persons

temporarily engaged in productive activity and training and who are

seeking suitable em ployment."' .

4, In section 9 of the principal Act, the lasl two provi sos thereto shall

be deleted,

Immediately after section 9 of the principal Act, there shall be added

the following new section

"'lA. (I) Notwithstanding the provisions of seelion 9 of this Act,

in selecting applics"'s for submil;sion w employers, other than those

referred W in suhse<.:tion (2) of this seetion. it shall be lawful for the

Director to submit au~Hiary workers to fill the vacancies notified to him,

and in estabhshing priority for selection among auxiliary wor~ers such

priority shall be determined on the following basis

(a) the date of engagement in the Scheme

(b) as between auxiliary workers engaged in the Scheme on

the same date, their registration ;n Part One of the Register prior

to their engagement in the Scheme, but any person who prior 10 his

engagement in the Scheme had been engaged in a Government de·

parlment, the Dejma or any body or company referred to in section

BA of this Act. such person shall be deemed for purposes of this

paragraph to have retained the !;ame priority to which he would have

been entitled on the date on which he was so engaged with such

Department, Dejma, body or company;

(c) where prior to engagement in the Scheme and prior to his

engagement in a Government department. body or company referred

to in se,tion 13A of this Act , a person had not been registering as

aforesaid, such persoo 'hall be deemed to be so registered on the

date of his engagement with a Government department, the Dejma,

or any body or compan)' referred to in section BA of the Act.

(2) In submitting applicants for employment wilh a GO\Iem·

ment department or any partnership Or other body referred to in section

110 of the ConstilUtion priority shall be established on the basis o f priority

of registration in Part One of the Register and for the purposes of this

subsection au ~iliary workers shall be deemed to have retai ned the Same

priority of registration in Part One o f the Register they had im mediately

before their engagement in the Scheme, and in respect of any auxiliary

worker who had not been so registered immediately before his engage-

ment in the Scheme such au~iliary worker shall be deemed to haY(: been

so registered on the date of engageme nt with the GO\Iemmcnt depart·

ment, the Dej ma or any body or company referred to in section 13A of

this Act and any priority he may have on that date shall be retained,~,

6, Immediately after s«tion 13 of the principal Acttne.e shall be added

the following new section

"A"xih .. ,

13A,

(1) There shall be a Scheme to be known as the Au-

~iliary Wor~ers and Training Scheme for the purpose of providing

Work'"

~

te mporary productive wor~ and training for such persons amongst

those referred to in this subsection as the Minister may by regula-

tions determine -

(a) persons regiStering under Part One of the Register

of Applicants for Employment;

(b) persons who before the 14th May. 1987 were en-

gaged by any Government department, or by any body refer.

red to in subsecti on (6) o f section 110 of the Constitution, in

breach of the provisions of S«t;on 110 of the Constitution or

of the provisions of this Act;

(c) persons who were engaged by a ny body referred to

in subsection (6) of section 110 of the Constitution in excess

of the requi rements of such body ;

(d) persons who were engaged by General Construction

Limited or by Land Sea Civil Engineering Co . Ltd.;

(e) persons who were serving inlhe Dejma on the 9th

May, 1987.

(2) The engagement of p"rson~ in the Scheme shall be

for periods nnt exceeding one ye ar o r until suitable employment

is offered to such persons under the provisions of this Aa,

whichever is tlte shoner time.

(3) Any such person who on being offered employment

in terms of the preceding subsection refuses or fails to avail himself

of that employment shall thereupon lose his placing within the

Scheme and he may only on the ground of unsuitability of the

employment offered make a complaint thereon by way of appeal

to the Board in terms of subsection (2) of section 11 of this Act

an d the dedsion of the Boa rd thereon shall be final.

(4) The Minister may also make regulations for giving

effect to the provisions of Ihis section and may in panicular, but

without prejudice to the gene rality of the foregoing, by regulations

determine the tenns and conditions of engagemem of auxili ary

workers."'.

Passed by the House of Kcpresentalives at Sitting No . 21 of the 12th August . 1987.

JtMMY FARRUGtA

Sp<>aku

P. MUSCAT TERRlB1LE

Acti"g Clerk 10 the House of RepreUMWlives.

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