ATT Nru. XXVIllIa'I _I99Q ACT No. XXVIII of 1990 AN ACT enacted by the I>~ rl ia me nl AIT mahru~ b"ligi mill- Parlamcnt ta ' Malta. (act_1990_28) | MT

Gazzetta tal-Gvern ta' Malta — Att 1990 28 — ATT Nru. XXVIllIa'I _I99Q ACT No. XXVIII of 1990 AN ACT enacted by the I>~ rl ia me nl AIT mahru~ b"ligi mill- Parlamcnt ta ' Malta.

Preambolu — ATT Nru. XXVIllIa'I _I99Q ACT No. XXVIII of 1990 AN ACT enacted by the I>~ rl ia me nl AIT mahru~ b"ligi mill- Parlamcnt ta ' Malta. Open official source

Suppliment la/·G(uur/(l Ill/-Gver.. Ill ' Mafia, Nru. 15,315, 3 la' Awissu, 1990.

Taqsima A

MALTA

ATT Nru. XXVIllIa'I _I99Q

ACT No. XXVIII of 1990

AN ACT enacted by the I>~ rl ia me nl

AIT mahru~ b"ligi mill- Parlamcnt

ta ' Malta.

of Malta .

AN ACT 10 pro~kI~ for a National Em -

ATT b ~x Jlppro~dl gbal A..-Iorilll

ployment Authority, for tb~ e$tabll!ih_

NazzjonaJl lax-Xogllol, ghat-I..-:lqqif

m~nl of an Employment and Tndn ing

la ' KorponuJoni lax-Xogbol u Ta llrlg

u blex jirngolll s.tn "b:zi Ill' impieg u la"

Corporation and for Ihe regulation of

labrlg u Ti .. '~Jjet koonrssl u :lOOllari

employment a nd Iral nlngs.tn"icel,lInd

for matltl'$ connKltd IM rt .. "ith or an_

&fIalh~kk.

cillary Ihereto.

ATTTA 'IA990 I)WAR IS-SERVIZZI TA'IMPIEG U TAHRIC

Malta Government Gazette — Act 1990 28 — XXVIII tal-1990 – Att tal-1990 dwar is-Servizzi ta' Impieg u Taħrig

Art. 1 — XXVIII tal-1990 – Att tal-1990 dwar is-Servizzi ta' Impieg u Taħrig Open official source

Short title a nd commencement.

Malta Government Gazette — Act 1990 28 — XXVIII tal-1990 – Att tal-1990 dwar is-Servizzi ta' Impieg u Taħrig

Schedule — XXVIII tal-1990 – Att tal-1990 dwar is-Servizzi ta' Impieg u Taħrig Open official source

(Section 3)

FORM OF OATH TO BE T A K EN

BY MEMBERS OFTHEAUTHOR1TY

I ............. ........... .. ......... .. . ....•............ .... Ilaving bee n

appointed to be MembCr o f the National Emp loyment Authority constitu ted under the

Employment and Tra ining Services Act. 1990. do hereby swear that I will faithfully.

fully. impartially and to the best of my ab ility di<>charge the trust and perform the duties

devolving upon me by vinue of the said appointme nt .

So help me God.

Passed hy the House of Represelltati~es al Sin ing No . 418 of the 271h July . 1990.

u.. WREl'OCE GONZI

S~(lktr

P . M USCAT TERRlIlH .. E

Clerk /0 (he Ho~ of Rl'p'denll~I;"U

c_

Il'f"Ibblih, mid.D;""'i", .. ,, la- '.Infonn:uzjoni KaoIil jo ~ I>yllot- Otpoo_ '" ,..,.,. ....

""SI

MilbuJh fl.'''.mp<",otoJ.G""m 1'rittInt", rh ~ 1'''''''''C

p, ... :!k _ 1'rI« ltk

Malta Government Gazette — Act 1990 28 — XXVIII tal-1990 – Att tal-1990 dwar is-Servizzi ta' Impieg u Taħrig

Art. 2 — XXVIII tal-1990 – Att tal-1990 dwar is-Servizzi ta' Impieg u Taħrig Open official source

Interpretation.

PART 11: THE NATIONAL J.;.MPWYMENT AUTHORITY

Malta Government Gazette — Act 1990 28 — XXVIII tal-1990 – Att tal-1990 dwar is-Servizzi ta' Impieg u Taħrig

Art. 3 — XXVIII tal-1990 – Att tal-1990 dwar is-Servizzi ta' Impieg u Taħrig Open official source

Nat ional Employment Authority.

Malta Government Gazette — Act 1990 28 — XXVIII tal-1990 – Att tal-1990 dwar is-Servizzi ta' Impieg u Taħrig

Art. 4 — XXVIII tal-1990 – Att tal-1990 dwar is-Servizzi ta' Impieg u Taħrig Open official source

Functio ns of the Authority.

PAIlT Ill: THE EMPLOYMENT AND TRAINING CORPORATION

Malta Government Gazette — Act 1990 28 — XXVIII tal-1990 – Att tal-1990 dwar is-Servizzi ta' Impieg u Taħrig

Art. 5 — XXVIII tal-1990 – Att tal-1990 dwar is-Servizzi ta' Impieg u Taħrig Open official source

Establishment of the Corporation ,

Malta Government Gazette — Act 1990 28 — XXVIII tal-1990 – Att tal-1990 dwar is-Servizzi ta' Impieg u Taħrig

Art. 6 — XXVIII tal-1990 – Att tal-1990 dwar is-Servizzi ta' Impieg u Taħrig Open official source

Conduct of affain of the Corporation.

Malta Government Gazette — Act 1990 28 — XXVIII tal-1990 – Att tal-1990 dwar is-Servizzi ta' Impieg u Taħrig

Art. 7 — XXVIII tal-1990 – Att tal-1990 dwar is-Servizzi ta' Impieg u Taħrig Open official source

Disqual ificalk>n for appointment, removal and resignatio n of Directors.

M eetings of the Board of Directon.

8.

Malta Government Gazette — Act 1990 28 — XXVIII tal-1990 – Att tal-1990 dwar is-Servizzi ta' Impieg u Taħrig

Art. 9 — XXVIII tal-1990 – Att tal-1990 dwar is-Servizzi ta' Impieg u Taħrig Open official source

StalU$ afthe Corporat ion.

Malta Government Gazette — Act 1990 28 — XXVIII tal-1990 – Att tal-1990 dwar is-Servizzi ta' Impieg u Taħrig

Art. 10 — XXVIII tal-1990 – Att tal-1990 dwar is-Servizzi ta' Impieg u Taħrig Open official source

Functions o f the Corporation in relation to the employment service.

Regi$ler of pc~ns seeking employme nt.

Malta Government Gazette — Act 1990 28 — XXVIII tal-1990 – Att tal-1990 dwar is-Servizzi ta' Impieg u Taħrig

Art. 12 — XXVIII tal-1990 – Att tal-1990 dwar is-Servizzi ta' Impieg u Taħrig Open official source

Registrat ion for employment.

Malta Government Gazette — Act 1990 28 — XXVIII tal-1990 – Att tal-1990 dwar is-Servizzi ta' Impieg u Taħrig

Art. 13 — XXVIII tal-1990 – Att tal-1990 dwar is-Servizzi ta' Impieg u Taħrig Open official source

Referral of perso ns for employment.

Malta Government Gazette — Act 1990 28 — XXVIII tal-1990 – Att tal-1990 dwar is-Servizzi ta' Impieg u Taħrig

Art. 14 — XXVIII tal-1990 – Att tal-1990 dwar is-Servizzi ta' Impieg u Taħrig Open official source

NOIifiCll.lio n and filling of vacancies.

Engagement of e mployees by Government pod Government owned or controlled

bodies and companies.

Malta Government Gazette — Act 1990 28 — XXVIII tal-1990 – Att tal-1990 dwar is-Servizzi ta' Impieg u Taħrig

Art. 16 — XXVIII tal-1990 – Att tal-1990 dwar is-Servizzi ta' Impieg u Taħrig Open official source

Funelions o f the Corponnion in relation to training.

Malta Government Gazette — Act 1990 28 — XXVIII tal-1990 – Att tal-1990 dwar is-Servizzi ta' Impieg u Taħrig

Art. 17 — XXVIII tal-1990 – Att tal-1990 dwar is-Servizzi ta' Impieg u Taħrig Open official source

Powers of the Corporat ion in rel ation to tra ining .

PART IV: ADMINISTRATIVE AND nNAN CIAL PROVISIONS RELATING

TO TIlE CORPORATION

Malta Government Gazette — Act 1990 28 — XXVIII tal-1990 – Att tal-1990 dwar is-Servizzi ta' Impieg u Taħrig

Art. 18 — XXVIII tal-1990 – Att tal-1990 dwar is-Servizzi ta' Impieg u Taħrig Open official source

Pe rson nel o f the Corporati on.

Malta Government Gazette — Act 1990 28 — XXVIII tal-1990 – Att tal-1990 dwar is-Servizzi ta' Impieg u Taħrig

Art. 19 — XXVIII tal-1990 – Att tal-1990 dwar is-Servizzi ta' Impieg u Taħrig Open official source

Capital and reve nue of the Corporation.

Malta Government Gazette — Act 1990 28 — XXVIII tal-1990 – Att tal-1990 dwar is-Servizzi ta' Impieg u Taħrig

Art. 20 — XXVIII tal-1990 – Att tal-1990 dwar is-Servizzi ta' Impieg u Taħrig Open official source

Ao:ounts a nd audit.

Malta Government Gazette — Act 1990 28 — XXVIII tal-1990 – Att tal-1990 dwar is-Servizzi ta' Impieg u Taħrig

Art. 21 — XXVIII tal-1990 – Att tal-1990 dwar is-Servizzi ta' Impieg u Taħrig Open official source

Power to borrow capital .

Malta Government Gazette — Act 1990 28 — XXVIII tal-1990 – Att tal-1990 dwar is-Servizzi ta' Impieg u Taħrig

Art. 22 — XXVIII tal-1990 – Att tal-1990 dwar is-Servizzi ta' Impieg u Taħrig Open official source

E~em p{ion from certain taxe! and du ties.

PART V: EMPLO YM ENT AGENC IES

Malta Government Gazette — Act 1990 28 — XXVIII tal-1990 – Att tal-1990 dwar is-Servizzi ta' Impieg u Taħrig

Art. 23 — XXVIII tal-1990 – Att tal-1990 dwar is-Servizzi ta' Impieg u Taħrig Open official source

Employmenl age ncies a nd businesses 10 be licensed.

Malta Government Gazette — Act 1990 28 — XXVIII tal-1990 – Att tal-1990 dwar is-Servizzi ta' Impieg u Taħrig

Art. 24 — XXVIII tal-1990 – Att tal-1990 dwar is-Servizzi ta' Impieg u Taħrig Open official source

Rep,·esenlations on refusal or revocation of a lice nce.

25 . Conduel of employment agencie5 a nd businesses.

PART VI: MANPOWER RECORDS

Malta Government Gazette — Act 1990 28 — XXVIII tal-1990 – Att tal-1990 dwar is-Servizzi ta' Impieg u Taħrig

Art. 26 — XXVIII tal-1990 – Att tal-1990 dwar is-Servizzi ta' Impieg u Taħrig Open official source

Wo rk Books a nd other docum entll.

Malta Government Gazette — Act 1990 28 — XXVIII tal-1990 – Att tal-1990 dwar is-Servizzi ta' Impieg u Taħrig

Art. 27 — XXVIII tal-1990 – Att tal-1990 dwar is-Servizzi ta' Impieg u Taħrig Open official source

Particulars conce rning pelSOD.'l leaving school.

Malta Government Gazette — Act 1990 28 — XXVIII tal-1990 – Att tal-1990 dwar is-Servizzi ta' Impieg u Taħrig

Art. 28 — XXVIII tal-1990 – Att tal-1990 dwar is-Servizzi ta' Impieg u Taħrig Open official source

Info rmati on as to employment and other occu pations.

PART VII: APPRENllCES AND TRAINEES

In terpreta tion for the ptl. p0se5 o f Part VII .

29.

Gazzetta tal-Gvern ta' Malta — Att 1990 28 — ATT Nru. XXVIllIa'I _I99Q ACT No. XXVIII of 1990 AN ACT enacted by the I>~ rl ia me nl AIT mahru~ b"ligi mill- Parlamcnt ta ' Malta.

Art. 29 — ATT Nru. XXVIllIa'I _I99Q ACT No. XXVIII of 1990 AN ACT enacted by the I>~ rl ia me nl AIT mahru~ b"ligi mill- Parlamcnt ta ' Malta. Open official source

lifsir ghall·finijicllal·Taqsima VII

Malta Government Gazette — Act 1990 28 — XXVIII tal-1990 – Att tal-1990 dwar is-Servizzi ta' Impieg u Taħrig

Art. 30 — XXVIII tal-1990 – Att tal-1990 dwar is-Servizzi ta' Impieg u Taħrig Open official source

Pe rmi t to employ apprentices or trainees.

Written Agreement.

Malta Government Gazette — Act 1990 28 — XXVIII tal-1990 – Att tal-1990 dwar is-Servizzi ta' Impieg u Taħrig

Art. 32 — XXVIII tal-1990 – Att tal-1990 dwar is-Servizzi ta' Impieg u Taħrig Open official source

RegistTllti on of Agreement.

Malta Government Gazette — Act 1990 28 — XXVIII tal-1990 – Att tal-1990 dwar is-Servizzi ta' Impieg u Taħrig

Art. 33 — XXVIII tal-1990 – Att tal-1990 dwar is-Servizzi ta' Impieg u Taħrig Open official source

Transfer of Agreem ent .

Malta Government Gazette — Act 1990 28 — XXVIII tal-1990 – Att tal-1990 dwar is-Servizzi ta' Impieg u Taħrig

Art. 34 — XXVIII tal-1990 – Att tal-1990 dwar is-Servizzi ta' Impieg u Taħrig Open official source

Te rmination o r rescission o f agreemenl.

Malta Government Gazette — Act 1990 28 — XXVIII tal-1990 – Att tal-1990 dwar is-Servizzi ta' Impieg u Taħrig

Art. 35 — XXVIII tal-1990 – Att tal-1990 dwar is-Servizzi ta' Impieg u Taħrig Open official source

Probationary period.

Records 10 be kept by e mployen .

36.

Malta Government Gazette — Act 1990 28 — XXVIII tal-1990 – Att tal-1990 dwar is-Servizzi ta' Impieg u Taħrig

Art. 37 — XXVIII tal-1990 – Att tal-1990 dwar is-Servizzi ta' Impieg u Taħrig Open official source

Maki ng of Sche mes.

Malta Government Gazette — Act 1990 28 — XXVIII tal-1990 – Att tal-1990 dwar is-Servizzi ta' Impieg u Taħrig

Art. 38 — XXVIII tal-1990 – Att tal-1990 dwar is-Servizzi ta' Impieg u Taħrig Open official source

Po wer of Corporation to asce rtain adequate trailling.

Malta Government Gazette — Act 1990 28 — XXVIII tal-1990 – Att tal-1990 dwar is-Servizzi ta' Impieg u Taħrig

Art. 39 — XXVIII tal-1990 – Att tal-1990 dwar is-Servizzi ta' Impieg u Taħrig Open official source

Loan of services of apprentiCC$ or trainees.

Malta Government Gazette — Act 1990 28 — XXVIII tal-1990 – Att tal-1990 dwar is-Servizzi ta' Impieg u Taħrig

Art. 40 — XXVIII tal-1990 – Att tal-1990 dwar is-Servizzi ta' Impieg u Taħrig Open official source

Trade Testing Boards alld Certification.

Regulatio ns with respect 10 standards, ce rtification . etc.

Malta Government Gazette — Act 1990 28 — XXVIII tal-1990 – Att tal-1990 dwar is-Servizzi ta' Impieg u Taħrig

Art. 42 — XXVIII tal-1990 – Att tal-1990 dwar is-Servizzi ta' Impieg u Taħrig Open official source

Settle me nt o f differenCC$ .

Malta Government Gazette — Act 1990 28 — XXVIII tal-1990 – Att tal-1990 dwar is-Servizzi ta' Impieg u Taħrig

Art. 43 — XXVIII tal-1990 – Att tal-1990 dwar is-Servizzi ta' Impieg u Taħrig Open official source

Acceptance o f premiums .

Malta Government Gazette — Act 1990 28 — XXVIII tal-1990 – Att tal-1990 dwar is-Servizzi ta' Impieg u Taħrig

Art. 44 — XXVIII tal-1990 – Att tal-1990 dwar is-Servizzi ta' Impieg u Taħrig Open official source

Regulatiollll with respecllo apprentices or trai llees.

Malta Government Gazette — Act 1990 28 — XXVIII tal-1990 – Att tal-1990 dwar is-Servizzi ta' Impieg u Taħrig

Art. 45 — XXVIII tal-1990 – Att tal-1990 dwar is-Servizzi ta' Impieg u Taħrig Open official source

Civil righ ts of appren tice or t rainee and employer.

PART VIII: ENI'O RCEMENT, OFFENCES AND PENALTIES

46. Enforcement.

47. Improperinnuence.

Gazzetta tal-Gvern ta' Malta — Att 1990 28 — ATT Nru. XXVIllIa'I _I99Q ACT No. XXVIII of 1990 AN ACT enacted by the I>~ rl ia me nl AIT mahru~ b"ligi mill- Parlamcnt ta ' Malta.

Art. 47 — ATT Nru. XXVIllIa'I _I99Q ACT No. XXVIII of 1990 AN ACT enacted by the I>~ rl ia me nl AIT mahru~ b"ligi mill- Parlamcnt ta ' Malta. Open official source

[ndhil mhux xic rHq

Malta Government Gazette — Act 1990 28 — XXVIII tal-1990 – Att tal-1990 dwar is-Servizzi ta' Impieg u Taħrig

Art. 48 — XXVIII tal-1990 – Att tal-1990 dwar is-Servizzi ta' Impieg u Taħrig Open official source

False information etc.

Malta Government Gazette — Act 1990 28 — XXVIII tal-1990 – Att tal-1990 dwar is-Servizzi ta' Impieg u Taħrig

Art. 49 — XXVIII tal-1990 – Att tal-1990 dwar is-Servizzi ta' Impieg u Taħrig Open official source

Offences in respecl of apprenticeship o r traineeshi p .

Offcnces again st sections 15 and 47.

Malta Government Gazette — Act 1990 28 — XXVIII tal-1990 – Att tal-1990 dwar is-Servizzi ta' Impieg u Taħrig

Art. 51 — XXVIII tal-1990 – Att tal-1990 dwar is-Servizzi ta' Impieg u Taħrig Open official source

Gene ral penalty.

Malta Government Gazette — Act 1990 28 — XXVIII tal-1990 – Att tal-1990 dwar is-Servizzi ta' Impieg u Taħrig

Art. 52 — XXVIII tal-1990 – Att tal-1990 dwar is-Servizzi ta' Impieg u Taħrig Open official source

Saving for Cri minal Code.

Malta Government Gazette — Act 1990 28 — XXVIII tal-1990 – Att tal-1990 dwar is-Servizzi ta' Impieg u Taħrig

Art. 53 — XXVIII tal-1990 – Att tal-1990 dwar is-Servizzi ta' Impieg u Taħrig Open official source

Prescription.

PART IX: MISCELLANEOUS

54. Regulations .

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Art. 55 — XXVIII tal-1990 – Att tal-1990 dwar is-Servizzi ta' Impieg u Taħrig Open official source

ConOict of in terest.

Malta Government Gazette — Act 1990 28 — XXVIII tal-1990 – Att tal-1990 dwar is-Servizzi ta' Impieg u Taħrig

Art. 56 — XXVIII tal-1990 – Att tal-1990 dwar is-Servizzi ta' Impieg u Taħrig Open official source

Repeal of Employment Service Act and Industrial Training Act.

SOIEOULE

I assent.

(L.S.)

CARMELO CAR UANA

Acting President

3rd August, 1990

ACT No. XXVIII of 1990

AN ACT 10 pro~id~ for a National Employrrunt Authority. for the

establishmtnl of On Employment and Training Corporation and for th~

r~gulalion of employment and training services, and for matters

connected therewith or ancillary thereto.

BE IT ENACfED by the President. by and with the advice and

consent of the House of Representatives. in this present Parliam ent

assembled , and by the authority of the same, as follows:-

PART!

Puliminary

), (1) This Act may be cited as the Employment and Training

Services Act , 1990.

(2) This Act shall come into force on such date as the

Minister may by notice in the Gazette appoint, and diffe rent dates may

be so appointed for different provisions or diffe rent purposes of this

Act.

2,

In this Act unless the context otherwise requires -

"Authority" means the National Employment Authority

established by sectio n 3 o f this Act;

"Hoard·' means the Board of the Corporation;

"Corporation" means the Employment and Training

Corporation established by section 5 of this Act 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 dependent

for their maintenance on an individual and being in relat ion IQ such

individual -

(i) if married - hil wife, he r husband. his o r he r

children or stepchildren, his or her grandchild re n if the

parents are dead;

(ii) ifunmarried - hisor he r children, hisorhe rfather.

or his or her mother , his o r her unmarried brotheB or sisters;

(iii) if a widower o r widow - his or he r children or

...... ,

stepchildren, his or her grandchildren. if thei r parcnts arc

MDire<:lQr" means the Director of Labour and ineludes any

officer of the De partme nt of Labour who is authorised by the Directo r

to aet On his behalf

Mem ploymen t agency" or "employmen t business~ means any

activi ty carried out in Malta for the recruitment of pc~ns for

employment in Mal ta o r ou tside Malta;

"financial year" means the period of twelve mOal hs e nding on

the thi rtieth of September of any year

Provided that the first financial year of the Corporation shall

comme nee o n the date of the coming into foree of this Act and shall end

on the thinieth day of September of the following year.

"Minister" means the Ministe r responsible for labour and

incl udes, to the exte nt of the authority give n, any person authorised by

the sa id Minister in that bchalffor illIy purpose of this Act;

- person" includes a body of persons and any body rorpol1l te

established by law;

"prescribe" mean s prescri be by regulations made under thi s

"Registe r" means the Regisler refe rred 10 in section II of this

PART 11

The National EmplooYlMDt Autbority

3. ( I) The President of Malta MaaH appoint a National N.tiootaI

Employment A uthority co,mposed of three inde pe ndent persons, two Auu.o;;t~.

other persons appearing to th e President to represent the interests of

employers and two ot her persons appearing to the President to

represe nt the interests of employccs. In this seetion - independent

pcrsons~ means persons who are neither Government employees nor

officials o f any organization representing employers or employees.

(2) The President shall also appoint a Secretary to the

Authority.

One of the independent members of the Authority shall

(3)

be appointed by the President (0 be Chairman and Bomher Deputy

Chairman.

(4) Every member of the Authority shall. before en tering

upon his duties, take an oath of office before the Allomey General in

the form sel OU I in the Sched ule to Ihis Act.

(5) Every member of the Authority shall hold office for a

term of two years and if otherwise qualified may be re-a ppointed allhe

cnd of his term of office .

(6) The Pre$idenl may determine the remuneration payable

to the memben of the Authority.

(7) No member of' the Authority may be removed from

office before the eJ[piralion of his appointment except by the President

upon a resolution of the House of Representatives praying for such

removal on the ground of misbehaviour o r inability 10 perfonn the

functions of bis office

Provided that if the House of Rep resentatives stands dissolved

o r prorogued o r adjourned for more than fourteen days, it shall be

lawful for the President 10 suspend any member from his office on the

ground of misbebaviour or inability to perform tbe functions of his

office. so however, tha! such suspensi-ons sha ll not elltend beyond the

firs! three si llings of the House of RepreKnt atives immediately

following Ibe date of such suspensi-oru;.

(8) The quorum of the Autbority shall be of tbree members,

one of whom shall be the Chairman or tbe Deputy Chairman.

(9) Subject to the provisions of subsection (8) oftbissection,

tbe Authori!y sbaH not be disqualified from the transact ion o f business

on account of any vacancy among its members.

(10) The Director o r any person deputed by him shaH have

the right to be present at all meetings of the Authority and to be heard

on any matte r.

(11) The proceedings of the Authorit y may, ifthe Au thority

so considers eltpedient, be conducted in cllmerll.

(12) Decisioru; of the Authorityshal1 be taken by majority of

the votes o f the members present. The Chairman or. in his absence , the

Deputy Chainnan, shall have only a casting vote.

(13) Subject 10 the provISions of thi!; Act ilnd of any

regulations made the reunder, the Authori ty may regulate its own

pmc:udings.

(14) Fo r the purposes o f the follo .... ing sections o f the

Criminal Code Ihal is 10 say, $CClion 91 , sections 115, 119 and lW , (cap. 9)

sections 124 and 125, section 133 and section 138, the members of the

Autho rity shall be dee med \0 be public officers.

4. (1)

Th e functions of the Autho rity shall be

(a) To monilor e mployment and to investigate and

adjudicate, in such manner as il may determine , lIny C()mplaints

which any inte rested party may bring before it regarding

employment and training services provided by the Corporation;

(b)

to hear appeals as provided for in Ihis Act;

(<=) to tender advice 10 the Ministeron any matter relating to

the e mployment o r lnUning o(workers , eilner at the request of the

Minister 01'" on its own initiative , including proposals for regulations

for su,h purposes o r in such circumslanceSIl5 in Ihe opinion of the

Minister or of the Authority il is neceS58.ry o r e xpedi ent to make

provision by regulation ;

(d)

to make rules subjecl to the provisiom o f 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 oomideration to be give n to

determinate classes of applicants being applicants with

depe nda nts. applicants who are dbabled. infirm o r

incapacitated o r applicants requiring physical or social

rehabilitation;

(e) such ot he r funaiom as are or may be lI$5igned to il by Ihis

Act or any other law.

(2 ) Whe re the Authority actsasa Tribunal 10 hear appeaJ,as

provided in paragraph (b) o f the foregoing subsectio n, the following

provBions shall . without prejudi ce to {he provisions of any regulations

made unde r Stclio n 54 of Ihis Act, apply

(a) The Authority shall reject any appeal which is nol made

in writing wi thin the time specified in the IlfOvision o f Ihis Act

allowing such appeal ;

( b) The Chairman of the Authority or in his absence the

Depu ty Cbairman shall Wave ttle powers to summon wilDC$$e$.nd

10 administe r an oath to any wilnes& and to req ui re him to give

evidenoe or to produce books Of Olher documents before it;

(c) Summolls for attendance of wit nesses sha ll be signed by

the Chainna n or, in his absence , the Depul~ Chairman, and maybe

served either personally Of by registered post, and in tile laller case,

in proving servicc. il sball be suffieient to prove Ihat the summons

was properly addressed and posted;

Cd) All persons summoned to attend and give evidc: ncc at

any sil1ing of the Authority shall be bound to obey the summons

served on them; and any person refusing or omitting wi thout

sutricienl ca use 10 attend at Ihe day, lim e arid place ment ioned in

the summons se rved on him or to answer. lO the best of his

knowledge and be lief. all quest ions pul 10 him by or with the

concurrence of the Au thori ty, or 10 prod ucc books or other

documelllS required by the Authori ty to be produced before it,

shall be guil ty o f an offence agairu;t this Act;

Provided that no person giving evide nce before the Authority

shall be oompelled 10 incriminate himself and every such person

shall . in respect of anyevideno: give n by him before the Authority.

be entitled to all the privi leges to whieh a person givi ng evidence

before a coun of law is entitled in respect o f evide nce give n by him

before such oourl .

(e) The deeisionsofthe Aulhority o n any appeal made under

this Act shall be fi nal.

(3) The Authority shall, in January of each year, submit a

report of ils act ivities to the Min isler who shall lay the same on the Table

of the House of Representatives not later th an the si tting first occurring

after thirty days from its receipt.

PART III

Tbe EmP'oymmtaoo Training Corporation

S. ( I) There shall be an Empl oyme nt and

Tra ining

Corporation.

(2) The Corporation shall be a body corporate having a

distinct lega l personality and shall be capable of en teri ng into contracts,

of acquiri ng, hold ing and disposing of any property fo r the purpose o f its

functions under this Act. of suing and of being sued . and of doing all

such things and enterin~ into all such transactions as are ioodental o r

oondueive to the ellemse o r performance o f its functions under this

Ad.

6. ( I ) The affai rs and business of the Corporation shall be the

responsibility of and shall be conducted by a board o f directors. which

shall be known as "t he Board" , The legal representation of the

Corporation shall be vested in the OIairma n or in any other director as

the Board may by resolution designate . Any such reso lut ion shall be

pub lished in the Gazette as soon as may be after it s approval and shall

not have effect until il is so p ublished.

(2) The Board shall consist of such num ber of directors.

being not less than seve n. as the Ministe r may from time to time

appoi nl. Th ree of the membcn of the Board shall be appointed. after

due cousultation with the Ministen concerned. from amongst such

persons as best represent the Ministries responsible for labour, for

educa tion and for industry.

(3) The Chairman of the Board and a Deputy Chairmanshall

be appointed by the Minister fro m a01Qngst membe rs of the Board.

(4) Whe re the Chairma n is absent from Malta orisotherwisc

temporarily unable to perform the (u nctions of hi s office, o r where the

post of Chairma n is temporarily vacan t. the Deputy Chairman shall act

as Chai rma n.

(5) The Chairman and the o ther directo rs shall be appointed

yearly and shall hold orrice under such te rms and cond itions as the

Ministe r may dee m prope r; and they shall be eligible for re·

appoin tmen t.

(6) Subject to th e provisio ns of Ihis Act and tOllny directions

o f the Board . the execu tive co nduct of th e Corporation, its

administration a nd o rganba tion. and the administrative cont rol of its

o rriccn and se rvants shall be the responsibility of the Ch ief Executive o f

the Corpo rat ion who shall also have such othe rpowen as ma y from time

to time be de legated to him by the Board. The Ch ief Exec utive shall

have thc ri&ht to attend a nd be he ard at all meetings of the Board . He

shull not . however , have a vote or be counted for the purpose of

constituting a quorum .

(7) The provisions of subsectio n (1 4) of sect ion 3 of this Act

shall mlUatis nudamfis apply to the Corporation, the Chief Execut ive

and ot he r e mployees of the Corporatio n.

7. (I ) A person shall not bequa lified tObe appointed. o rto hold 1);"I",,)il'icotioo

orrice as a member of the Boa rd if he -

I.,. oppoint ... nt.

"' ...... Iond

raiJl'ltioo 01

is a mcmber of the House of I{e prescntativcs; or

(a)

DIrect.,...

(b)

is lega ll y incapacita ted; or

(c) has bcen declared bankruptor has made acompositi on o r

arrange me nt wit h hi s creditors: o r

(d) has been convicted of a crime affecting public trust or

thdt or fraud or of knowingly recei ving prope rty o btained by theft

or fraud .

(2) A membe r of the Board ma y be relieved of office by the

Mi niste r on the groun d of inability 10 perform the functions of his orrice,

whe ther due to infirm ity o f mi nd or of body, or to any othe r ca use, or on

the grOllnd of misbehaviour.

(3) A mcmber ofl he Board ma y resign hisorfice by means of

a lelt er to the Minister.

• . (1) The Boa rd shall meet as ofte n as may be l1O'T5Sa"Y o r

expedient, but in DO case Ie$$ freque ntly than once eve ry three months.

Meetings shall be called by the Clainnan either on his own in itiative o r

at the request of any two of the othe r rm mbeB.

(2) The Board shall nol act unless .quorum oonsist ingofnot

less than half Ihe number o f members is present.

(3) The meetings of the Board shall be chai red by the

Chairman o r. in his absence , by the Deputy Chairman.

(4) The decisions o f the Board mall be taken by I majority of

the votes o f the members pr«tnt and voting; and in the case of an

equality of VOles the Chairman, or in his absence the Deputy 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 person not entitled so to do, shall not

invalidate the proceedings of the said Board.

(6) Subject to the provisions o f this Act , the Board may

regu late il$ own proceedin p.

9. (I) The CorponItion man have such functions as are set 0111

in this Act and such other functions 85 may devolve upon it under any

other law, or 85 may be assigned to it by the Minister.

(2) The Corporation shall consider any mall er relating lothe

formula tion of an overall nati onal policy for employment and training,

and all matters relating to any o f it$ functions under this Act, and the

Corporation may also advise any department of Government on such

mallers.

(3) 1be Corporation shall afford the Minister the Decessary

facilities for o btaining info rmation with respect to the property and

activi ties of the Corporation , and furnish him with returns. acoounl$ and

othe r information with respect thereto , and afford him the necessary

faciliti es for the verificati on of the information furnished in such manner

and at such time all he may require.

(4) The Minister may, after consult atio n with the

Corporation, give to the Corporatio n such directives in writing as he

may de em appropriate, being directives of a general character not

inconsistent with the provisions of Ihis Act and the Corporation shaD

comply with such directives.

(S) In canying out any of il$ functions under this Act , o r in

any other thing or activity , the Corporation mall conform its policies

and activities with the ai ms and objectives of national economic

planning from time 10 time in force.

(6) The Corporation may. with the approval of the Minister,

exercise its functions under this Act through the age ncy o f other

persons, and may act as agent or otherwise on behalf of other persons.

10. In relation to e mployment , the Corporation shall have the

following functioos:-

(a) in general to p rovide and maintain an employme nt

service to assist persons to find suitable employme nt and to assist

employers 10 find suitable e mployc:cs; and

(b)

in pan M::ular -

(i) to registe r perso ns see king emp loyment in the

Register, laking note of their quaiificatiolls, experience, skill$ ,

aptitudes. desi res and such othe r de tails as may be deemed

necessary or expedient;

(ii) to interview such persons and evaluate. if

necessary. their physical and voca tional capaci ty;

(iii) 10 assist persons seeki ng employment by gu idance

and advice on the choice o f employment, and the training and

retraining which may be necessary ;

(iv) to obtain from employers informadan on vacancies

and on requirements to be met by t he employees t hey require ;

(v) to refer to available employment persons wi th

suitable skills, apti tudes and physical capaci ty;

(vi) to collect and analyse informat ion about the

sill,lation of the labour ma rket and probable changes.

11 . (I) The Corpora tion shall main tain a Registe r o f persons 11. .......

:c:;-

seck ingemployment.

."......., ... ",.

(2) The Register shall consist of three scparate pan s: Part

One , for the registration of persons whoare unemployed; Pan Two, for

the registration o f persons who, withou t a good a nd su fficient cause,

termi nate employment o r reject an opponunity o f e mployment o r

trai ning; and Pan Three for persons in gainful occupation who are

seeking allc rnative employment and suc h othe r category of persons and

pu rposes as may be prescribed afte r consu lta tion with the Authority.

(3) For Ihe purpose of determining the length o f registration

in one pan of Ihe Register. no aocount shall be ta ken o f the period o f

registration in any other pan.

(4) Any person who qualifies 10 be registered may seek to be

registe red under the appropriate pari of the Register.

12. (I) Subject 10 Ihe provisions o f Ihis Act and 10 any RqIM .. """Io<

regulation made the reunder. the registration of persons seeking • .-.pIo) ......

employment shall be made in sueh ma nner a nd shall be subject to such

formali ties and oondi tions as the Corporation may deem fit.

(2) At th e lime of fil1il registration for employment and al

any time during the period of validity o f registration , the Corporatio n

may require the person secking e mpl oyment to furnish information or

produce docum ents in hi s p!)'5scssion or control relating to his date o f

birth, previous employmen t. dependants, experience , qua lificatiolls

and other matte rs relevant to his regi stration.

(3) If any person fails 10 provide any infonnation requested

from him under subsection (2) of this section, such pe~n shall forfeit

tili; right to regiscrnlion under this section orto refe rral for em ployment

under section 13 oflhis Act , and shall be notified aocordingly in .... Tiling.

(4) Any person aggrieved by a ckcis.ion of the Corporation

u nder Ihis section may , wi thin fifteen days from the ootification of such

decision, appeal to the Authority.

13. (I) Without prej udice 10 the o the r provisions o f Ihis Ad .

and subjed to any regulations made thereunder, in selecting persons for

referral to e mployers. the Corporation shall be guided by th e following

principles. namely;

(a) where employees with no special skill. knowledge or

experience are required , regard shaH be had to -

(i) th e employer's requirements as to age . former

employme nt and o ther fadors relevant 10 the type of

employme nt offe red ;

(ii)

the length o f registration for employment;

(b) where e mployees with special skill . knowledge.

experience or q ualificalions are required, regard shall be had to-

(i) the persons woo best 5atisfythe requireme nts of the

e mployer;

(ii) as between per~,"s who are equally considered 10

be the best available, length of registration for employme nt

Provided that. in referring any person for employment. the

Corporation shall give preference to persons registered in Part One over

those registered in Pari Two and Thrcc of the Register.

(2) When a person who is registered for employment

refuses, witho ut a good and sufficient cause, to avail himself o f any

suitable opportunity for employment or training oHered 10 him by the

Corporation. he shall lose his priori ty for referral for employment and

shall be notified aooordingly in writing.

(3) Any person aggrieved by a decision of tbe Corpora tion

under lhis section may. within fiftee n days from the notification of such

decision, appeal 10 Ihe AUlhority.

14. ( I) In making a request to the Corporation for the refelT1l1 /'Iooi_,

o f employees, an e mployer shall specify the skill , experience and o the r oo<llillill&

0( . ocan<:ico.

qualificat ions, if any. of the e mploye« he requires, the conditions of

employment he o ffers and the number of persons to be referred to him

for possible employ ment, so however that the employer shall have no

right to indicate individ ual persons when making his requcst to the

Corporation.

(2) In referring persons fo r employme nt , the Corporation

shall seek to s.at isfy the needs of the em ployer as expeditiously as

(XIMible. The employer shall be entitled to reject any person , ubmincd

by the Corporation .

15. (I) All employees required by the Government of Malta

from outside its service o r by any body corporate or company referred to

in subsection (6) of section 110 of the Constit ution whethe r the$e arc, in

eaeh case, e mployed on a contract for a specified time or for an

indefinite period , shal l, save as provided in the Constitution and in

subsections (2) and (3) o f this section, be recruited through tbe

e mployment se rvice provided by the Corporation.

(2) Where the recruitment of employees by the Government

or any oth er em ployer to wh ich subsection (1) of this sectio n refers i5 in

connection with the employment of

(i ) persons required to fi ll posts, on the basis of a contract

for a definite time requiring I special trust o r po5ts for which

academic o r professional qualifications I re ne<:essary; or

(0)

pe r"ms engaged from outside Malta;

the Corporation may cause or authorise recruitm en t, whether th rough

referral by it or otherwise, under such conditions or in such manner 115

the Corporation may deem appropriate.

(3) UDde r Such circumstance5, and in respect o f such

vacancies, as mly be prescribed, the Corporation shall re fer for

e mployment with any e mployer as is referred to in subsection (I) of this

sectio n, in preference to any Olner pe rson. persons who, within the

three months immediately preceding such referral , have been

discharged as redundant from such employme nt as may be prescribed.

(4) If upon a request foremployeC$ made 10 the Corporation

by a Government department or any other employer as is re ferred to in

subsection (I) of this section, the Corporation is unable to submit

su itable applicants, the department or o ther em ployer may recruit thc

employees requited in virtue of such o ther alT1lngements as the

Corporation may au thorise in any case: or class of.cascs.

(5) A Governmelll depanmelll or ot her employer as IS

referred to in subsection (1 ) of this section, rejecting an applicant

subm itted by the Corporation shall s~fy in writing the reasons for

rejection. Where in any case the Corporation , afler due investigation, is

satisfied that the department o r employer has rejected an applicant

without just cause , it may order the depanmenl or emplo~r conce rned

10 gi ve e mployment 10 the appliC3n1 concerned in the occupation for

which he was originally submitted by the Corporation.

(6)

Any person who -

(a) contravenes any of the foregoing provisions of this

section; or

(b)

shows favou r to . or uses discrim ination agai nst, any

person for employme nt with any employer referred 10 in subsection

(I) hereof on the grounds of race, colou r, se~ . creed or on the

grounds of his party or o ther political beliefs or associations;

shall be guilty of an offence against this Act.

16. (I) In relation to trai ning. th e Corporation shall have the

followi ng functions

(a) 10 provide traini ng courses o r ot her schemes for the

purpose of assisting persons de$iring 10 fit themselves for gain ful

occupation, or desiring to improve o r update the quality of the ir

I.:.nowledge and skills for the same purpose

(b) 10 obtain infonnation from e mployers regarding the

number. educational levcl. skills and aptilude$ o f persons they may

rC<juire for e mployment both in the shon term alld in the 10llg tenn;

(c) to enter into arrangements with the said employers. or

any other person . for lhe pmviSKln of traini ng courses or other

schemes conte mplated by this section.

(2) The reference in this section to the provision of training

courses or ot her schemes shall be construed as including a refe rence 10

the making of payments to persons who allend any such course or

sc heme , locally or abroad in respect of their travelling e~pe nscs. Ihe

provision o f residential accommodati on a nd 10 the provision of any

other faci lity o r service incidental the re to.

17. (I) For the purpose of e ncouraging adequate ltallllllg

through courses or o th er sche mes contemplated by section 16 of Ihis

Act, the Corporatio n may-

(a) provide o r secure the provisioll of such courses and OIlter

schemes as it may COllside r adequate, having regard to any courses

o r schemes ot herwise available;

(b) approve such courses and schemes provided by other

persons;

(c) from time to time conside r such employme nts as appear

to require co nsideration Hnd publish recomme ndations with regard

to the nature a nd length of the training for any such employmen t,

the further education to be requ ired with the training, the persons

by and to whom the trai ning o ught to be given, the standards to be

attained as a result of the training a nd the methods of asce rtai ning

whethe r those standards have bee n 3l1ained;

(d) make arrangeme nts for the application of selection tests

and of testS or ot he r me thods for asce rt aining the atta inmen t of any

standards recommended by it and may award ce rtificates o f the

attainmen t of those standards;

(e) assist any person in finding facilities for bei ng trained

where il cannot provide sueh tra in ing;

(t) carry on or assist ot her persons in carrying on resea rch

into any maller relating to training ,

(2) The Corporation may enler intoconlraclS of service or of

apprenticeship with any person who intends to attend courses o r avai l

himself of any othe r scheme it has provided.

(3) 11tc: Corporation may-

(a) at therequestoft heAuthorilyprovidesuch otheradvice,

and such other courses and schemes for traini ng, as are mentioned

in the requesl ;

(b) :It the request of any employe r provide advice about

trai ning connected with his aClivities

(c) enter into agreements wilh emp loyers relative to

payments by the m to the Corporation in respect ofl he exe rcise by

the Corporation o f any of its fu nclions.

(4)

TheCorporationmay-

(a) make grants Of loans to persons providing courses or

othe r schemes approved by the Cmporalion;

(b) pay fces 10 persons providing further education in

respect of persons who receive ;1 in associa tion wi th their training in

courses or other schemes provided or approved by the

Corporalion

(c) make payments to persons in connectio n with

arrangements unde r which they or their employees make use of

courses or ot her schemes provided or approved by the

Corporation.

PART IV

Administrative and F1nanelal Provisions Rd.,lng to the Corporation

18. (I) Subject 10 the provisions of the Consti tution of Malta

and of any other enactment applicable thereto. including this Ad. the

Corporation, acting with the concurrence of the Ministe r, may appoint

such o fficials and othe r employees on such terms and condi tions of

employment as the Corporation may , from time to time determine.

(2) Pu blie officers seconded for duty with the Corporation

shall be under the administrative a uthority and con lrol o f the

Corporatioa , but sball for all other intents and purposes remai n and be

considered and nealed as public officel1i.

'9. (I) The Corporation shal l be endowed with an ini tialeapital

of two hundred and fifty thousand liri which shall be paid by the

Government out o f tbe Consolidated Fund, without further

appropriation othe r th an this Act , by warrant under the hand of the

Minister responsible for finance authorising the Accountant General

to make the payment.

(2) Thereafter the Corporation shall be paid out of the

Consolidated Fund such sums as the House may approve in accordance

with the following sections

Provided that in relation to its function, other than those in

connection with its function lIS an em ployment service for the purposes

of section I iO o f the Constitution, nothing in this Act shall prevent

the Corporation from entering into arrangemen ts for securing part of

its funds from sources o ther than th e public revenue.

(3) The Corporation sball cause to be prepared in every

financial year, and shall not later tban $ix weeks before the cnd

of each fi nancial year adopt, estimates of th e income and expenditure

of the Corporation for th e next following fi nancial year.

(4) The estimates shall be made in such form and shall

contain such information and such comparisons with previous estimates

as the Mi nister may direct.

(5) The Corporation shall within the same time mentioned

in sllbse<:tion (3) of this section, make a report of its activities during

that year containing such information relating to the functions and

activities of th e Corporation as the Minister may from time to time

req uire.

(6) A copy of the estimates of the Corporation, together

with a copy of the report , shall, upon their adoption by the Board, be

se nt forthwith 10 the Minister.

(7) lbe Minister shall, at the earliest opportunity and I10t

later than four weeks after he has received 11 copy of the estimates and

of the re port of the Corporation, o r, 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

House together with a mOlion that the House approve the said

estimates. Not less than one silling shall be alloued 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 hythe Corporation that

has nO! been approved by the House

Provided that -

(a) until the e..:piration of six months from the beginning of

a financial yea r or until the approval of the estimates fo r that yea r,

the Corporation may make or incur expendit ure for carry in g out

its functions under this Act not exceeding in the aggregate one

half of tbe amount approved for th e preceding financial year;

(b) expenditure approved in respect ofa head or sub-head of

the es timates may, with the approval of the Minister, be incurred in

respect of a nother head o r sub·head of the estimates;

(c) if in respect of any financial yea r 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

est imates, the Corporation may adopt supp1cmenl8ry estimates

for approval by the House and, pending such approval, but subject

to its being given, the Corporation may in special circumstances

and wit h the approval of the Minister, incur the relative

expenditure; and the provisions of this Act applicable to the

estimat es shall , as near as practicable, apply to the supplemen tary

estimates;

Provlded further that in respect of the first financial year of the

Corporation, this section shall apply as if it required the

CorponItion to adopt estimates for that year DOt later than twel~

weeks from the coming into force of this section and as if the total

expenditure that may be made or incurred by the Corporation until

the approval of the esti mates for that year by the House may not

exceed onc half of the amount shown in s uch esti matts.

(9) All estimates and supplementary estimales approved by

the House sball. as iIOOn as practicable. be published in the Gazelle.

20. (1) The Corporation shall cause to be kepi proper books

of accounts and other records in respect of its ope rations and shall

cause to be prepared a statement of accounts in respect of each financial

year.

(2) The accounts of the torporation shall be audited by an

auditor o r auditOR to be appointed by il and approved by the Mini ste r

Provided that t he Minister resp<:I nsible for finance may req uire

the books and other records of the Corporation 10 be audited or

e ~amined by th e Director of Audit who shall for Ihu purpose have

power to carry OUI such physical checking and other ve rifications , and

may require such information. IllS he may deem nCCHSa ry.

(3) Afte r the cnd of each financial year, at the same time as a

copy of the estimates of the Corporation is forwarded 10 the Minister

unde r section 19 o f thi s Act, the Corporation shall cause a copy of the

statement of aCCQu nts duly audited to be transmitted 10 the Minister

together with a copy of any report made by the auditor or auditol"$ on

that statement or on the aCCQunts of the Corporation.

(4) The Ministe r shall cause a copy of every such statement

and rcpon to be laid before the Ho use of Representatives together with

the motion laid before the House under section 19 o( this Act.

21. (I) The Corporation may , with the approval in writing of

the Min iste r gi ven after consultation with the Ministe r responsible for

finance, borrow or raise money in such manne r, from such person, body

or authori ty, under such terms and condi tions and against such $CCUri ty

as it may deem appropriate, (or anyone o r morc of the (ollowing

p...,.,., -

(a) the carrying out of functions of the Corporation under

this Act;

(b) any other expenditure properly chargeable 10 capital

account.

(2) The Corporatio n may also from lime 10 lime borrow,

by way of overdraft or otherwise, (or periods nOl exceeding twelve

months, such sums as it may requi re for carrying out its functions under

this Act

Provided that for any amount in excess of two hund red

thousand liri. there shall be required the approval of the Ministe r in

writi ng.

(3) Whe never it may be necessary for the Corporatio n to

borrow by way of advances from the Gove rnm ent any sums req uired by

it to carry o ut any o f its functions under this Act, the Ministe r

responsible for finance may. after consultation with the Ministe r. by

warrant under his hand and withou t funher appropriation othe r than

this Ad. authorise the Aa:ountant General to make advances to the

Corporation ei ther o ut of the proceeds of any loan contracted or rai$ed

for the purpose o r out of the Consolidated Fund; and such adv ances

shall be made o n such te nus and conditions as th e Minister responsib le

for fi nance may direct.

(4) The Min ister responsible for fi nance may , for any

requ irements of the Corporation of a capital nature. contract or raise

money. or incur liabilities, for such periods and on such terms and

cond itions as he may deem appropriate; a nd any sums due in respect

o f o r in connect ion wi th any such loon or liability shall be a charge on

the Consolidated Fu nd.

(5 ) Notice of any loans. liabilities o r advances made or

incurred unde r the foregoing provisions of thi s section shall be given by

the Ministe r to the House of Represe ntative s as soon as practicable.

22. The Corporation shall be exempt from any liability for the

payment of income tax. duty on docume nts and customs duty under any

law for the lime bei ng in force.

PART V

t;mployment ~ncles

23. (1) Withou t prejudice to the prov isio ns of Part III of thi s e..pIo' ..... ,

Act, no person shall carry on an employment age ncy or an em ployment .... . . . . 0

business unless he is th e ho lde r o f a curre nt licence granted by the

Director under this sect ion authori sing him to carry on such an agency

or business in pre mises speci fied in tbe licence.

(2) An appl icant for a lice nce unde r this §cction shall. not

less than twenty-one days before making hi s application-

display notice o f the applica tio n in a place where it can

(i)

conven iently be re ad by the publicon or near the prem ises at which

the e mployment agency o r employment business is or is to bc

carried on and take such ste ps as he reasonably can to keep that

notice so di splayed for a period of twenty-one days; and

(ii) advert ise notice of the application in two daily

newspapers.

(3)

A not ice under subsect ion (2) hereof-

(i) shall scale the name an d address o f the applicant and

where the appli cant is a com pany or o the r body of persons the

name and addresses of all the d irectors o r like officers of the

company or body of pe rsons; and

(ii) shall stat e the situation of the premises at which the

employment age ncy o r em ployment busi ness is or is \0 be carried

on and the class of business carried on or to be carried on at those

premISes.

(4) No application fo r a lice nce under this sectio n sha ll be

entertai ned by the Diredor unlC$$ il i! accompanied by a certificate .

signed by or 011 behalf of the applicant, stating that he has complied

with the provisions of subsection (2) and a copy o f the newspape r

containi ng notice of the appl icat ion .

(5) An appl ication fo r a licence in respecl of an e mployment

agency or an e mployment businCS$ may be re fused by the Director on

any of the following grounds. that is to :;ay -

(a) that the applicant is an indlyid ual unde r the age of

twenty-five;

(b) that the applicant is a person who on account of

misconduct or for any othe r sufficie nt reason is unsu;table to hold a

licence in respect of an agency or business o f the class in question ;

(c) that any person (other th an the appl icant) who is or is 10

be concerned with the carrying on of the employment agency or

e mployme nt business is a person who on account of misconduct or

for any othe r sufficie nt reason is unsuitable 10 be associa ted with an

agency or business of the class in question;

(d) that the premises at which the employme nt age ncy o r

employme nt business is or is to be ea{ried Of) are unsuitable in

respect of an agency or business o f the class in question;

(e) that the e mployment agency or e mployment busi ness has

been or is being improperly conducted.

(6) No em ployment agency or employment business may

levy any charge 011 any applicant for employment in consideration of

such employme nt or in consideration of-registration the refor.

(7) A licence may be revo ked by the Director o n any of the

grounds specified in paragraphs (a) to (e) of subsectio n (5) or for a

breach o f the provisions of subsection (6) of thi s section .

(8) Unless revoked. a licence shall continue in force for one

yea r (or such longer period, not exeeedi rlg five years, as the Director

may specify in any part icula r case) beginning with the da te specified

therein for it s commenceme nt

Provided that where the holder of a licence has duly appl ied

before it s e xpi ry for 3 furthe r licence , the pre vious licence shall not

expire until the commena:me nl of the further liccnce o r. if the

applica tion is refused. until the refusal is notified 10 him by the Director.

(9) Where the holde r of a licence dies, Ihe licence shall be

dee med to have been transferred on his death , if he was the sole holde r.

to his heirs. and if he was a joint holder. to his heirs and the survivin g

holder or holders. so however Ihal no such transfcr sha ll be made unless

the transfe ree, o r tra nsferees if morc th.an one, arc persons qualified to

hold a liccoa: under this sed ioll.

(10) It shall be the duty of the holder of a licence under this

section, within onc month. of any cha nge in the paniculars

accompanyi ng the application for th at licence unde r subsection ( \) . to

give 10 the Director notice in wri ting of the cha nge

Provided that not hing in this 5ubsei:lion shall be taken as

authorising the holder of a licence \0 carry on any business otherwise

than in accordance wilh the provisions of the lice nce .

(11) Every licence gran ted under this section shall be

en dorsed whh notice of the effect of subsection (10) o f this section.

( 12) The holder of a lice nce under this sect ion in Tesp«1 of

any employmen t agency or em ploymen t business shall keep displayed

o n the premises to whi ch the licence relates in such a posi tion that it can

be readily scen by persons reson ing to those premiscs-

(a)

the licence; and

(b) a copy of any regulations under this Act wh ich apply to

the employment agency or employment business.

(13) Any person who con travenes any of the provisions of

subsections (I), (6) and (10) of this :section shall be guilty of an offence

against th is Act.

(14) ll1isscction shall not applytothe supplyof pon worker.;

in accordance with the Port Workers Ordinance, and shall be without C¥. L71.

prejudice LO the provisions of the Merchan t Shipping Act.

Qp.23oI.

24. ( I) Wheret he Directorin tendstorefusc tograntortransfer ~

a licence. o r to revoke the same unde r section 23 of this Act. he shaD "" ~:.

noti fy the applican t for, or the holde r o f. the licence or the person to ~--."" •

whum it is requesled Iha! the licence be transferred. of his in tention

and Ihe reasons therdor .

(2) A person woo r«eives a notification of the intention of

the Director as i~ mentioned in subsection ( I) of this section may make

wrinen representat ions thereon to the Director wi thin 30 days of the

receipt of such notification.

(3) If the Director receives such represen tations within the

time specified in sub$ection (2) o f this section . he shall conside r them

and-

{a) if he decides nOI 10 proceed wi th his intentions and

accordingly decides to gran t or not 10 revoke o r transfer the licence.

he shall notify the applicant or holder of his decision;

(b) in any othe r case. the Director shall notify th e appl icant

o r ooldcr accordingly. and Ihe lauer may. within fifteen days from

such notificat ion. appeal to the Authority.

:ZS. The Min ister may make regulations to sec ure th e proper

conduct of employment agencies and businesses and to protect the

inte rests o f persons availing themselves of Ihe services of such agencies

whether as persons seeking employment or em ployers, and such

regulations may without prej udice to the generali ty of the foregoing

in particular make provision -

(a) req uiring persons running such agencies and businesses

10 keep records as may be prescribed;

(b) prescribing tb e qualificatio ns required for persons

running such agencies and businesses;

(c) regulating advertising by persons runn ing slIch agencies

and businesses;

(d) regul ating the provision of services by persons running

slIch agencies and businesses in respect of persons who seek

employment outside Malta.

PART VI

Manpower Rec:ords

26. (1) The Minister may make regula tions under this sect ion

prescribing the registration and recording of gainfully occupicd persons

or persons see king employment whether by mea ns of work books,

identity cards, by means of elect roni c- related data recording and

recove ry systems or othe r documents. Such regulations may in

particular provide

(a) for the use of work or identit y ca rds o r o the r documents

for all or any o ne 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 replaccn.ent

thereof;

(d)

for the conditions under which such documents may be

issued;

(e) who the persons responsib lc for the custody of such

documents may be; and

(0 the particulars to be shown or e nte red in such documents

or records.

(2) An y such regulations may also provide for such

documentation as may be prescribed for pUTp05es of registration s for

employment o r employment training.

(3) The Minister may also make regulatio ns providing for

the restriction of the disclosure of any p,Lrticulars furn ished in

acoorda nce with regulations under this $Cction . o r in accordance with

section 27 of this Act. for prel;Cribi ng the conditKms under which

reoords of any such pan icu lars may be kept and for requiri ng such

reoords to be dest royed after such period as may be prescribed .

(4) The Mini ster may delegate any power vested in him by

this section to the Corporation.

27. (I) The Corpora tion may from time 10 lime require any

person in cha rge of a school 10 furnish in such manner as may be ...... ,nio • .....-

requested and within a reasonable time such particulars as the 10";",_.

Corporation may require with respect to pupils leaving schoo l or who .

while atte nding school. attain a sta ted age.

(2) Without prej udice to the ge ne rali ty of the po .... e r

confe rred in subsect ion (I) of this section. the particulars which may be

requi red shall include such particulars . rela ting to age. sex. ability,

educational attainments and other partK:ulars of the persons to whom

they relate as appear to the Corporation to be necessary ore~pedient 10

enable adequ ate advice to be given on e mployment prospects and 10

prepare plans fo r thei r train ing pursuant to the provisio ns o f this Act.

(3) Any person who fails 10 comply with any request made

unde r this section shall be gu ilt y o f an offence against this Act.

28. ( I) Th e Corpo rat ion may. from time 10 time. req uest any lnf",,,,.h,, .. .. to

employer or any gainfull y occu pied person to furn ish. within a ~"'.nd

reasonable time such information as the Corporation may req uire in '"!>eo .................

connect iOll with employment and o ther occupations.

(2) An y such request may be either gene ral or with respecl lO

a classor classes of employe rs. or lO a particu lar employer or employers.

o r to a class or classes of gainfu lly occupied persons .

(3) Whe re any such req uest is general o r .... ith respect 10 a

class or clas5('s of e mployers o r to a class or classes of gainfully occupied

perwns. it shall be made by nOlice published in the Gaze tte .

(4) Any person who fails to comply with any request made

under this 5«tion shall be gu ilty of an offence againstlhis Act.

I'AR'{' VII

Apprent io:es and 'I'rail1ft:S

29. In th is Pa rt. unless thoe context otherwise requires -

'"apprentice" means a person ove r the age of fifleen years who

is boLlnd by a wriuen agreement 10 serve an employer for a deter-

min ed period wilh a view to acquiring knowledge. including theory

a nd practice. of a call ing in which the cmplo)'er i$ reci procally

bound to instruct that person and "apprent iceship" shall be con-

strued accord ingly.

" calling" ntcans any skill . trade, craft, or other occupation o r

section therCQf. designated from time to time by a sche mc orby the

M inister by no tice in the Gaze tte;

"co nditions of employmcn t" has the same mcaningas assigncd

to it in Section 2 o f the Conditions of Employment ( Regulation )

Act;

" journeyman" means a person woo hassc rved his appren tice-

ship and has satisrled a Trade Te!iti ng Board as to his proficie ncy in

a calli ng;

" pare nt" in addition to its ordinary me aning includes any

person who has the lcgal care or custody or tile CIIre or custody

infact o f another pefWn who has not attained tile age of eighteen

years;

" prescribed" mCHns prescribed by a schemc 01" by regulations

untkr thispan;

"schcmc" mean s a scheme under this pan ;

" Trade Testing Board" means a boardconstiwted as insection

40 o f th is Act.

" trainee " means a person o ther than an apprentioe. who is not

of compulsory school age and who is receiving training under an

agreeme nt in wri ting in a calling or pan of a calling othe rwise than

at a recognised educationa l establishment. provided that a traincc

may be requ ired to attend a recognised educat ional establishme nt

as part of such training and trainecship shall be construed

accordingly .

30,

( I)

No person may e mploy an apprentK:eor trainee without

a writlen penni t from the Corporation which shall specify the maximum

numberof apprentices or trainees that may be employed

I>rovided that no sueh permit shall be given under this section

for the e mployment of apprentices or trainees unles.i 11 draft scheme

or agreemcnt which includes provisions respecting tile qualifica-

tio ns. training and conditions o f employment o f an 1Ipprentice or

trainee has becn previously drawn up by the person applying

tile re for and approved by tile Min ister o n the 1Idvioe of the

Corporalion and unless sucll a person sholl's to the satisfaction o f

the Corporation 11131 lIis establisllme nt offcrs reasonable QPpon u-

niti es for the proper train ing of thc num ner of apprentices or

trainees proposed to be employed IlIerein.

(2) Any person who contrave nes any of tile provisions o f

subsection (I ) of th is sect ion sllaU be gu ilty of an offerK% ag3inst this

Act.

3 1. (I) An e mployer on engaging an apprentice or tra inee sha ll Wdtt<o

"!I'<'<""'"'.

enter into a wrinen agree men t wit h him.

(2) If such apprentice Of" tl'lli nee is a minor he shall not 50

bi nd himself e~cept wi th the consent of his parent . or if there is no

paren t. with Ihe consent of the Director.

(3) A minor who binds himse lf as an appren tice or trainee as

provided in subsection (2). shall be bound by the agreemen l throughout

ilS cu rrency no twi lhstandi ng Ihal he may have in the meant ime attained

the age of eight een years.

32. (I) No agree ment o f appre nti ceship in a ca lling or trainee· 11<, .. , .. ,;0.,0{

".,«"",n'.

sh ip shall be binding un less and until it has been registe red with the

Corporation in accordance with the provisions of thi s AeI .

(l)

Whe n registering such agreement . the Corporation shall

ensure that

(a) such agreeme m complies wi th the prov,s,ons of the

appre nt iceship o r trainct:ship scheme applicable 10 the trade or

calling;

( b) the e mplo)'er and the apprentice or lrain.ee are fit and

proper persons to en ter into such agrcemem ;

(c) the apprentice or trainee has produced to Ihe: employer a

medical cenificate cert ifyi ng hi s ea p"bility to unde rtake training in

the ealli ng;

(cl) the appre mice or trainee has the necessary Slandards o f

education prescribed by thl: Schl:me .

(3 ) Th e Corporation shall keep a Register o f Apprentices

and a Register of Trainees and all agreemen lS shall be registered the re·

in.

(4) TIle da te o f registration shall not affect the date of

commencement o f tlK: agreeme nt . bu t a refusal to register the agree·

ment sha ll ca use the ag reement to be null and void from the date of

refusa l. The date of comme ncement of an Hgree mem shall be the date of

signin g by all the parties or suc h date as may be: stipulated therein.

(5) Any party aggrieved by a decision o f the Corporation

unde r this,;cction ma)' wit hin fi ftee n days from thedateof not ifiC8 tion in

writin g of suc h decisi(ln appeal to the Aut hority .

(I ) The rights a nd obligat ions of any employe r under any T,.nll •• o(

. 1.'.

agree men t of apprenticeship or traineeship may. with the consent of the ... _ .... M.

Corpora tion. be transferred to anothe r empJo)·er.

(2) Subject to the pro"isions of subsection (4) of this §celion

no such transfe r shall be complete until it has been registered with the

Corporm ion.

(3) Tbt: Corporation may refuse 10 register any tra nsfer

which. in its opinion. is not in the interest of the appre mice or tra inee.

(4) If any per.;on is engaged as an appre ntice or trainee by a

partn ership. his agreement shall not be terminated by re ason of the

death or re tirement of any p;lrtne r. if the business of the p;lrtnership is

continued by a nother person or partnership: and the rights and

ob ligatiol15 o f the employer under the agreement sh~ 1I be deemed to be

transferred to the per.;on o r partnership continuing the business.

J.I . ( I) Subject to the provisions of ~ions 3S and 41. an

agree ment of apprenticesh ip or trairoeeship may only be rescinded by the

Corporation al the wriuen request of the panics thereto on proof of

good and sufficient cause.

(2 ) An appeal from a decision of tbe Corporation under Ihis

se<:tion may be made to the Authority within fifteen days from the

notification in writing oflhe decision.

35. (I) The first three months of an agreeme nt o f 8ppt"en tice-

sh ip Of traineesbip shall be a period of probation during whio:h the

agree me nt may be term ina ted by ei tber party on three days notice in

wri ting being given, and ~ny agreement to the contmry, whetber

expres..'\Cd or imp lied . shall be null a nd "oid without however affecting

the validity of any other pan of the agreement of which it forms part.

(2) No apprentice or trainee who has completed his

probationary period shall alleoo 10 any selective in terviews , test or

examinat ion and no person may interview. test o r ClIamine any sueh

apprentice or trainee, with a view of a1lemali~"C emf)loymcnt. un less

such apprentice or trainee has been so authorised by his e mployer and

the Corporatio n has given its approval: and any person acting in

contrave ntio n of any of the provisio ns of this subsect io n shall be guilty

of a n offence against this Act.

36. ( 1)

Every employer upo n whom an agreement

of

~pttor.......,., .... appre nticcshi p o r lraineeship is bindi ng. shall at all times keep in respt<:1

of every apprentice or trainee such records as may be prescribed..

(2 ) Every pe r:;cm who is or has been an employer refe rred to

above sha lt retain any record made in terms of IM preceding subsection

for a period oftbree yearssubscquent to the dateof the record, and .hall

on de mand by the Corporation made at any time during the said period

o f three years produce the said record. for inspectio n.

(3) Any per.;on acting in contrave ntion of any o f Ihe

foregoing provisions of this section . o r fa iling to comply with any

demand made thereunde r, shall be guilly of an offenae again>llhis Act .

37. (I) The Min ister may. after consult ing the Corporation . by

regula tions under th is part moke a scheme or schemes for regulating the

condi tio ns of employme nt and train ing o f apprentices and trainees.

Eve ry such scheme may in particu lar prescribe -

th.: Ilualifications. including age and educAtional

(~)

'IlIndartl. required for apprentices 01" for tra inees;

tb) the pe riod of apprenticeship or train.:eship. the

,·"rimions in such period which may be allowed . and the

circumstances under which those variations may be allowed;

(c) the rat.:s according to which apprentices and trainees

shall he rcmuncrated. the circumstances unde r which those rates

m;oy b.: reduced or shall be increased. and the extent of the

r.:duction o r incrcase

Provided that no ra te based upon the quanti ty o f work done

shall be prescribed ClIce pl in the last year o f apprenticeshi p or

trainees hip;

(d) the classes of in muction which appren tices or trai nees

,hall allend and the number of hours per wee k. whether within Or

lluhide thei r ordinary worki ng hours. and the period during which

Ih.:y sha ll allend such classes

(c ) the practical training wh ich employers shall pro"ide for

,Lppren tices a nd trai n~s in their employ

(0 the proficicney ICSlsor examinationswh ich apprentices or

tra inees shall unde rgo from time to time

(g) the ma.\ imum number of ordi nilry wor king hours which

apprentices or trai nees may be required or permined to work

uu ring .my week or on any day. and the days on which. the hourson

Ull)" day before or after which anu the intervals du ring wh ich nO

"pprcntice or trainee ma)' be required or permitted to work

( h) the max imum period of overtime which appren tices or

train('('s ma)" be required or permitted 10 wo rk during any specified

period. and the ratcs according to which they shall be rem unera ted

In rcspeet of overtime

(i) the number of paid ho lidays to be a llowed to appre ntices

<lr trainees during any year of apprent iceship or traineeshi pa nd Ihc

rates according to whi ch (hey shil ll be re mune rated in respect of

~\lch holidays;

(j) the ci rcH ms(ances under which 3n employcr sha ll P3Y

addi tional remu ncrat ion to ,Lny 'Lpprenlice or 1T~i nce in his

cmployment and the amoun t of the additiona l remuneration or the

IlllmT1e r in whidl it sh,llI be calculated;

(k ) t h ~ remunermion ;Lnd the other co nditions of appren tice·

,hip ur tra ineeship in respect of any period during which an

Hpprentil'c or trainee is unable by reaSQn of any condition of

;lpprcnticc~htp or lrainecship or other specificd circumstance to

re mic r .crvicc t<> hi .. cmplo)'cr duri n ~ ordinHry wur king hours.

(2) A scheme may provide for the makingoforden 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

Corpora tio n.

(4) Different conditions of a ppre miceship or traineeship

may be prescribed under subsection (I) in respect of different classes of

cmployers or apprentices or trainees. and different designated caJlings.

and in prescribing such different condi tions the Minister may apply any

method of differentiation he m~y deem advisable.

(5) The Mini ster may. in any sche me published under sub-

section (1 ) provide that the conditions of apprenticeship or trainceship

there in prescribed or such of the said conditions as may be specifted

therein shall, as from a date 50 specifIed . apply in respect of apprentices

or trainees who have entered into an agreement of apprenticeship or

traineeship upon o r after the da te on which the calling concerned was

designated and before the date upon which tile said conditions come into

operation. and no such agreement shal l cease to be binding upon the

parties thereto hy reason o f the fact that as a w.;uit of the sche me. the

cond itions o f appre nticeshIp or trainecship appl icable in respect of those

apprentices or trainees have changed.

38. (I) llJ<: Corporation shall have power 10 make such inspec-

tion and e nquiry as may be necessary for tile purpose of ascenaining that

apprent ices and trainees are recei~i ng adequate trai ning.

(2) If in the opinion of tile Corporation any apprentice or

trainee is not receiving adequate training. tile Corporation may order

the employer of the appre ntice or trainee to take such action. speci rled

in the order, as the Corporation deems neoessary 10 ensure that the

ap pre ntice or trainee will receive adeq uate train ing. and may witlldraw

or vary any such o rder.

(3) In any such order the Corporation may. subject to the

provisions of any scheme applicable in the case. speci fy the claSSC5 of

work on which the appren tice or trainee is 10 be traincd , the periods

du ring which. the inte rvals at which or the dates between wilich i1e shall

be so trai ned. Ihe conditions rela ting tosupcrvision. the me thod o r place

o f work. and any othe r matters or condit io ns re lating to the training of

the apprentice o r trainee .

39. (I ) The Corporation may. on an application from the

e mployer, authorise in writing. for such period and s" bject to such

co nditions as it may determine , the loan of the services of an appl"enticc

or trainee to another employer, if in its opinion it is in the interest o f the

appre ntice or trainee to do 50,

(2) No loan of the services of a n apprentice 01' trainee to

another em ploye r authorized "nder subsection ( I) shall release the

person who is the employe r in terms of the agreement of apprenticeship

or traineeship from any obligation under the agree ment.

40. ( I) Th e Minister may, in consultation with the Corporation, T ..... Tao'"

appoint such Trade Testing Boards as he: may deem necessary for the: Boud .. nd

purpose of conducting the examination of apprenti.:c$ o r trainees Cerb_.

designed to ascertain their proficiency or competence in a calling.

(2) The Corporation shaH issue 10 each apprenlke or trainee

who has completed his term of apprenticeshi p or trainee!lhip a journey·

man's certificate or a certifICate of competence as Ihe CI!iC may be. if the

appre ntice o r trainee has satisfied a Trade Testing Board that he has

attained the required standa rd of proficiency or competence

Provided that the Corporation m3Y with the: concurrence o f

the Ministc r issue such certificates wit hout reference to a Trade Testing

Board if it is satisfied that suitable arrangements eltist within any

industry or undertaking. whether belonging to GO'o'emrncnt or not . for

tbe assessment of apprentices or trainees as regards attainment of the

requ ired standard of proficiency o r compe tence in the particular ca Hing.

,--

41. The Minister responsible for Education may. in consu llat ion R<I"I"' ..... ... ;,~

with the Corporation. make regu lations for the scttingupofstandards of

proficiency o r competence in the various caHingsand the certifica tion of ..

ccnifico.;.,.,. tIC.

persons who shall have obtained such stand3rds.

42. (1) If any d ifference arises between an employer and an Se"lemen.g(

a pprentice o r trainee, or if it appears to the Corporation that either the 0;" .... ..,.,..

employe r o r the appre ntice or trainee is unable to fulfil any of the

conditions o f the agreement of apprenticeship or traineeship, or if either

fails to observe the covenants thereof or if either is convicted of a !iCrioui

criminal o ffence, the Corporation shall. at th e req uest of eit her parly or

both, o r of its own motion , consider all the circumstances of the: case and

it shall have power to de termine all matten relative there lO including thC'

cancellatio n o f the agreement or the transfer of the apprentice or

trainee. An appeal from any such decision of the Corporation may be

made wit hin fifteen da)'$ from the notiroea tion o f such decision to the

Authority whose decision shall be final.

(2) During the period of any dispute between an employer

and an apprentice or trainee, the em ployer shall be entitled as from the

date of reporting Ihe circumsta nces to the Corporation, to suspe nd the

apprentice or trainee from work without pay, saving the right of the

apprentice o r trainee to full rei nstatement with back·pay if the final

decision is in his favour.

43. ( 1 ) No person shall. direc1ly 01'" indirealy. req uire or permit

any person, o the r than the Governmen t or the Corpol1l tion , to pay or

give any consideration in o rder to employ an appren tice or trainee in a

ca lli ng or rece ive any such consideration from any person other than the

Gove rnment or the Corporation: and any person acting in

contravention of the foregoing provisions o f thi s subsection sh all be

guilty of an offence against this Act.

(2) Any person who has. in oomravemion of the pro, ision~

of subsection ( I ). paid o rgiven any such consideration. may recover the

same in a court o f law and any court. before which any person is pro,ed

to havc committcd a cont llwen tion o f the ~id subse~ion. may on proof

of the amount improperly received . oroe r such person . to refund the

same and any such o rder sh~n be of the same force and effect and be

e)(eeulable in the ~me manner as if it had bee n giwn in a d,·il action

duly insti tuted in that court be t"·l'Cn such person and th .. person who

paid or gne tho:! consideration

Proyided that any 511th claim for the refund o f the mone y im.

properly received shall be barred by the lapse of two years from the ter·

mination of the appre nticeship or trainecship.

-14. (I ) The Minister may. in consultation with the Corporation.

make regu l3tions prtscribing -

(a) the ~"Crtifiemes. in respeet of birth and educa tional

stan dard, whi ch may be demanded and medical .. xamination "·hich

may be requi red in connection with the registra tion of an

agreement of apprent icesh ip or traineeship. the forms on " ·hich

such an agreement and medical certificatio n of apprentices and

trainees is to be made

(b) th e nalUre of returns which employers may from tim .. to

time be requi red to furnish anu the period wi thin which tho5c

retu rns shall be 50 furn ished;

(c) the ci rcum staoces and manner in which any amendment

may be made in an agreement of appre nticeship or traineeship

(d)

all matters which by this Part are requi red or penniued to

be prescribed;

(e) generolly all mallers which he considers necessary or

expedient to pn.'SCribe in orde r that the purposes of this Part may be

ach ieved .

(2) Diffcre nt regu la tions may be made under subs<!etion (11

in respect o f different classes of employers or apprenticcs ortrainee<> and

of di ffe rent callin gs. and in making such regulations the Minister may

apply any method of difk re ntiat ion he may deem advisable.

"'5.

No thing contuin ed in th is Act sha ll effeet -

(a ) an y right which an appren tice or trainee may ha''C to

institute civil proceedings agai nst his employe r in respeCt o f any

contravention o f or failure to comply "·ith any pro~·ision o f an

agreement of apprcnticc:wip Of traineeship or any cond ition

thereof;

(b ) any right which an employer may have to institute ci .. il

proceedi ngs against an apprent ice: or t rai~ in respect of a ny

cont ravcntion of or failure to comply wit h the pro .. isions nf the

agreemen t of apprenticeship or trai llet!Ship Or any enn ditinn

thereof.

rART VIII

Enforcement. OIT~11U'!ii and I"'na ltiel

~6. (I) The Minist~r may designate in writing sp«ifi~d officers """""'_"'

of the Department of Labour or oftne Corporation to be inspectors fo r

Ihe purposes of this Act.

(2) Inspectors under thi s Act shall have such fu nct ions and

d uties as may be prescribed.

[nspectors designated as aforcnid shall be cmpowered-

(3)

(a) 10 ente r freely and withou t previous notice at all

reasonable times any premises or place liable 10 inspection under

Ih is Acl

(b )

to carry o ut in any such premises or place any

e ~am ination. test or in qui ry wh ich th ey may a .mside r necessary in

o rde r 10 salisfy the msel ves that Iho:: provisio ns of th is Act or of any

rcgulations or orders th ere unde r ~L~ we ll MS any recognised

cond itions of employme nt arc bei ng observcd. und in particula r -

(i) to inle rrogale. a lone or in the prese nce o f witnesses.

the employer or the em plo~'ees or the apprentices or trainees

o n ~my of the ~id mallers;

(ii) 10 re<lu ire the producti on of B!1y books. registers or

othc r documcnb the keeping of which is prcscribeu by this Act

or by any ordcr issued unde r this ACI and I" copy such

docurnents or nlUke cxtr.!cts th erdrom.

H) On the (lCCa$ion of an inSp«tion visit.lLn inspector ~h lL II

n"t ify the employcr or his u::prcsenlalivc of his prese nce. unlcs- hc

considers that such a notification may be prejudicia l to the pe rform ance

nfhi,uutie~ .

(5 ) The premises arid pllLceS liable to inspeCliQn under this

Act arc any prcmi~"l o r places in respect o f wh ich :my provisions o f this

,\ ct ur of ~ n y rcgul3 tion or o rde r there unde r or any recogoiscu

cunu iti, >n~ of e mployment a pply ur an~' prem ises o r places in respect o f

.... hich ~n inspector h3s rcasonahle ca use 10 belic~e that th is Act or ~L ny

regu l:n ions o r o rders thereunde r o r any recognised cond ition$ o f

... mplnymen l apply .

. n . ( I) No person shall improperl y influence or ancmpt to t"'l""""'"

innuence u in::ctly u r indirect ly on be ha lf of himse lf o r on behalf o f any inn ... _.

ot her person. the Authority. tho! Corporation or Iheir members ur

uirectors. o r perso ns cmplo~'ed by them. in the exercise o f thei r

funcliuns under thi s Act.

(2)

Any person .... 1\0 conlra,'cnes any of Ihe foregoing

rH "'Isinn, nf this section shall be gui lt y of an o ffence against this Act.

Any pcrwn who, in co nnection with ~ny maner under this

48. Act -

(a) furnishes any information which he Imo"'S 10 be false in a

ma terial particular, or recklessly furnishes any information which is

fa lse in a material particular; o r

( b) wi th intent to deceive: produces. furnishes. sends or

o therwise makes use of any do<:umcn t which is false in a material

particular; or

(c) wilfully refuses or withou t lawful excuse (the proof

whereof shall lie on him) wi th holds any material information;

sha ll be guilty of an offence against Ih is Act and shaU on convictioo be

liable, 10 a fine (mulro) of not less than fifty li ri but not exceeding r.,'c

hund red lin. or to imprisonment for a period nol exettd ingone year. o r

to bot h such fine and imprisonment.

49. Anypersonwho -

(I)

(a) con travenes o r fails 10 comply wilh any provision of an

agreement of apprenticeshi p or trainees hip or any provision of a

scheme which is binding upon him; or

(b) contravenes or fails to comply with the provisions of

section 30. subsection (2)ofsection 35, section 36, subsection (I) of

section 43; or

(c) knowingly or recklessly makes any incolTect statement or

en try in any rerord o r return kept or furnished under this part or

any regulations made thereunde r; or

(d) refuses or fai.ls to answer to the best ofhls knowledge any

question which the Director or his representative, an o fficer of the

Corporation or an inspector has put to him in the exercise of his

funetions unde r this part ; or

(e) refuses or fails to comply with any requiremen t dul y

provided for unde r this Act; or

(f) hinden; the Corporation or the Director or their

representa tives o r an inspector in the pe rfo nnance of their

functi ons under thi~ Act;

shall be guilty of an offentt agaill5tth is Act.

(2) Where any contravent ion against Part VII of this Act or

any regulations made thereunder is committed by a person who is under

the au thority, control or charge of another person, liabi lit y therefore

shall be contracted not only by the person committing the oomravention

but also by such othe r person if the contravention could have been

prevented by the exercise of diligence o n the part of such o ther person.

_ SO. Any pel'liOn IUihy o f an offence against this Act unde r sectio n O«~'"'''' .pin"

;r

15 or section47 thereo shall be liable, on conviction. to a fine (mll/la) of

not less than five hundred liri but not excceding five tho usand lin.

5 1. ( I) Any person guilty o f an offence agai nst th is Act o r who ec, .. ,.1

fails to com ply with any of the provisions of any regulations or orders peRlhf

made thereunder, shall. unless a part icu lar penalty is provided therefor

in this Act or in a ny such regulation or orde r. be liable. on conviction. to

a fine (m ll//a) of nolless Ihan twenly lin and not more Ihan four hundred

liri.

(2) No proceedings shall be la ke n against any person for any

o ffence against this Act othc r than an o ffence against sections 15 and 48

thereof. where such person. havi ng received an inlimal ion by Ihe

Dircctor for the payment of a penalty of r.fteen li ri for having

contravened the provisions aforesaid o flhis ACI or of any regulat ions or

orders made thereu nde r, complies with such provisions and pays such

penalty to the Director in e ither case wi thin r. neen days from the receipt

by him o f such intimatio n.

- .

52. The p unishmenl.'i provided in tltis Act shall apply unkM the

fact constitutes a more serious o ffence unde r the Criminal Code or any c ... Lcod<.

Cop. 9.

other law. in which case such Code O£othcr law shall apply.

53. Notwi thstanding any o ther law, proceedings for an offence Ptescrip'''''',

under this Act may be commenced at any lime within six years fro m the

commission of the offe nce.

PART IX

(I) The Ministe r may make regu lations gene rally for giving RCI" I,,""'"

5-$.

erfect 10 the provisions o f this Act •. and the enforce ment thereof, and in

particular. but without prejudicc 10 the ge nerality of Ihe foregoi ng -

(a) fo r providing for any matter which is requi red or

authorised by th is Act to be prescribed;

( b) for prescribing the powers and procedures of lhe

Authori ty in the hearing and disposal of appeals under this Act.

(2) l bc powers o f the Minister to make regulatiollS under

any of lhe provisions of this Act shall include the power to establish the

pun ishmenl.S in respect of any violation or con trave nlion thereof. or

failure to comply therewith

Provided that such punish men ts shai l nOI exceed a fine (mU/la)

of one thousand liri o r im prisonment exceeding three mont hs.

55. (I) A direelOO-. o ff.u:r. employee. agent or c{)Ilsuitanl ofthc

Corporation who is in any way direc,ly or indi rectly inlcresled in any

co nt rac' made or proposetl \0 be made by tile Corpornlion or in any

activity Of service 10 be provided foroTh), .he Corporation. shall as soon

as possible after the relevant dr~umstances shall have come 10 Ilis

knowledge, disclose Ihe nature of his interest to Ihe Board of ,he

Corporation.

(2) Any disclosure made under subsect ion ( I) of this section

by a diret'or shall be reoorded in the minu tcsofthe mee ting at which il is

made. and the direcloT-

(a) Shall. a fte r the disclosure. wi , kd raw from tile meeting

while Ihat matte r is being discussed or ~d by the Board; and

(b) shall be disregarded for the purpose of constituting a

quorum of Ihe Board for any such discussion ordecision.

(3) the Co rporation shall wil hoUI del~y inform lhe Ministe r

o f any d isclosu re made unde r this section.

( I ) Subject to the provisions of the following subsections of

5(\ .

thi s $Cction . the Employment ScrviCl! Act and the Ind ustri,,1 Training

Act are he reby repealed .

(2) Unlilsuch time as they arc revoked. repealed or replaced

any scheme made. pe nnitorexempliOflgran led. any agreement cntered

into and any regulation o r o rder made. under o r in virtue of the

Employme nt ScrviCl! Act and the Ind ustrial T raining Act shall .

not withst~nding the repe al o f those Acts. con tin ue in focce and shall be

deemed \() have bee n m;.de under and in virtue o f lhis Act.

(3) Th e provision of the Employment Se rvice Act rela li ng

to the Auxi liary Wo rkers and Training Scheme . and to wor kers engaged

Iherein. sha ll cont inue to apply un til sueh time as the Mini ster may hy

Order dete rm ine.

(4) Any person registered for Employment under lftc

Employme nt Se rvice Act sha ll continue 10 enjoy the same priority fo r

re ferral for em ployment under this Act. to which he WOl'S ent. tled

immed iately beforl' the coming inlO force of Ih is Act .

(5) Any rderence in ~ny other law to the Emplo)'ml'nt

Service Act o r to th e Industri al T TDin ing ACI sha ll be deemed to be a

rerere lice In the rc l3live pm vision~ of I his Act .

A

ATT Nru. XXVIllIa'I _I99Q ACT No. XXVIII of 1990 AN ACT enacted by the I>~ rl ia me nl AIT mahru~ b"ligi mill- Parlamcnt ta ' Malta.

Table of Provisions (48)

Statutory Text (48 Articles)

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