ACT No. III of 2018 AN ACT to regulate Work-Based Learning and Apprenticeships within the context of a Vocational Educational and Training Programme.

I assent.

(L.S.)

MARIE-LOUISE

COLEIRO PRECA

President

6th March, 2018

ACT No. III of 2018

AN ACT to regulate Work-Based Learning and Apprenticeships

within the context of a Vocational Educational and Training

Programme.

BE IT ENACTED by the President, by and with the advice and

consent of the House of Representatives, in this present Parliament

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

The short title of this Act is the Work-Based Learning and

Apprenticeship Act, 2018.

(Article 2)

Work-Placements, Apprenticeships and Internships

Work-Placement

• Allocation of a learner with a registered sponsor to gain basic

work experience and skills.

Levels 1-4 or

• Work-placements lead to a vocational qualification or an

award at Malta Qualifications Framework Level 1 to Level 4

or similar.

• The learner is linked to the sponsor with a training agreement

for work-placements compiled by the VET provider and the

sponsor.

• The learner may or may not receive remuneration for the

work-based learning portion of the work-placement.

• ECVET credits or similar are allocated by a VET provider for

learning outcomes achieved during the work period and

assessed as part of the work-placement programme.

• Training programmes at these levels may also take the form of

Apprenticeships as described in this Act.

Apprenticeship

• Allocation of an apprentice in a joint programme of school-

based learning at an accredited VET provider and work-based

Levels 3-4 or

learning with a registered sponsor.

• Apprenticeships lead to a recognised vocational qualification

or award at Malta Qualifications Framework Level 3 and

Level 4 or similar.

• The apprentice is linked to the sponsor with a training

agreement for apprenticeships compiled by the VET provider

and the sponsor.

• The apprentice receives remuneration for the work-based

learning portion of the apprenticeship.

• ECVET credits or similar are allocated by a VET provider for

learning outcomes achieved during the work period and

assessed as part of the apprenticeship programme.

Internship

• Allocation of an intern in a joint programme of school-based

learning at an accredited VET provider, and work-based

Levels 5 and

learning with a registered sponsor.

above or similar

• Internships lead to a recognised vocational or professional

qualification or award at Malta Qualifications Framework

Level 5 and above or similar.

• The intern is linked to the sponsor with a training agreement

for internships compiled by the VET provider and the

sponsor.

• The intern may or may not receive remuneration for the work-

based learning portion of the internship.

• ECVET and ECTS credits or similar are allocated by a VET

provider to learning outcomes achieved during the work

period and assessed as part of the internship programme.

• Training programmes at these levels may also take the form of

apprenticeships as described in this Act.

In this Act unless the context otherwise requires

"academic year" for the purpose of this Act means that period

determined as the academic year by VET providers;

"apprentices" means learners engaged in training programmes

for apprenticeships in accordance with this Act;

"apprenticeships" means the programme in which apprentices

are engaged on joint programmes of school-based learning at a

licensed VET provider, and work-based learning with a registered

sponsor, leading to a recognised vocational qualification or award as

outlined in Schedule 1;

"award" refers to the title of certification of learning achieved

through courses, which do not have the required number of credits at

the specific Malta Qualifications Framework Level or of international

qualification structures recognised by industry to be considered as a

qualification;

"compulsory school age" means the age as defined in the

Education Act;

"conditions of employment" has the same meaning as assigned

to it in article 2 of the Employment and Industrial Relations Act;

"European Credit System for Vocational Education and Training

(ECVET)" means the system that allows credits earned for knowledge

and skills acquired in different systems and countries, to be validated,

recognized and aggregated to count towards qualifications or awards;

"European Credit Transfer and Accumulation System (ECTS)"

means the standard mechanism for comparing the study attainment

and performance of students of higher education across the European

Union and other collaborating European countries;

"European Qualifications Framework" means the translation

tool that helps communication and comparison between qualifications

systems in Europe regarding learning outcomes;

"European Quality Assurance Reference Framework" means the

tool to recognise qualifications and awards received by learners

across different countries or learning environments, thereby

promoting modernisation, mutual trust and mobility in vocational

education and training;

"financial year" means the period of twelve months ending on

31 December of any year;

"Government" means the Government of Malta;

"interns" means learners engaged in training programmes for

internships in accordance with this Act;

"internships” means interns who are engaged in a joint

programme of school-based learning at a licensed VET provider, and

work-based learning with a registered sponsor, leading to a

recognised vocational or professional qualification or award as

outlined in Schedule 1;

"learning outcomes" means the knowledge, skills, behaviours

and attitudes required to develop the vocational competences

necessary to carry out a skilled and technical occupation;

"lead trainer" means the person designated by the sponsor to be

the main reference point of the learner and to coordinate other trainers

if more than one trainer is designated to the learner during the work-

based learning period of a training programme;

"Malta Qualifications Framework" means the framework for

lifelong learning and has the same meaning assigned to it by article

63 of the Education Act;

"Minister" means the Minister responsible for education or

similar competent body, and includes, within the limits of any given

authority, any person who is specifically authorised by the Minister

for any of the purposes of this Act, and "Ministry" shall be construed

accordingly;

"National Commission for Further and Higher Education" is the

authority that accredits Vocational Education and Training Providers

and their programmes as established by virtue of article 64 of the

Education Act;

"occupational standards" means the standards, as set by the

National Commission for Further and Higher Education as stipulated

in the Validation of Non-Formal and Informal Learning Regulations;

"parent" or "guardian" means any person who has the legal care

or custody or the care or custody of a person who has not attained the

age of eighteen years;

"qualification" means the attainment of a level of knowledge and

skill that makes a person suitable to do a particular employment or

activity and must meet the conditions of the Malta Qualifications

Framework, or of international qualification structures recognised by

industry;

"school-based learning" means a period during which learners

attend a period of instruction within a vocational education and

training environment within post compulsory education setting as part

of a training programme;

"skilled and technical occupations" means skills, trades, crafts,

or other occupation or section thereof required to develop the national

work force;

"skills card" means a card issued to a learner upon successful

completion of a training programme indicating the level of

competence attained in a recognised occupation;

"sponsors" means the organisations or individuals which are

approved by VET providers to deliver the work-based learning

component, or which would take the dual role and the rights and

obligations of both the sponsors and the VET providers as stipulated in

this Act, when delivering both the work-based and school-based

training programme, leading to a qualification or award forming part of

the Malta Qualifications Framework or of international qualification

structures recognised by industry;

"trainer" means the person designated by the sponsor to train the

learner, under the supervision of the lead trainer, during the work-

based learning period of a training programme;

"training agreement" means the agreement entered into by the

VET provider, the sponsor and the learner with respect to a training

programme;

"training logbook" means a reflective work-based logbook,

which presents a systematic report of activities conducted during the

periods of work-based learning in accordance to the vocational

competences and, or the programme learning outcomes;

"training programme" means an accredited learning programme

for post-compulsory education, administered by a VET provider

based on learning outcomes which shall address the needs of one or

more skills and technical occupation by combining systematic,

structured alternating periods of work-based learning delivered by the

sponsor and school-based learning delivered by a VET provider;

"training programme plan" means the definition of the specific

requirements of a training programme set by the VET provider, which

provides detailed information on learning outcomes, duration,

timetables, examinations, credits, certification, equivalence and

recognition;

"training programme vacancies" means the apprenticeship

vacancies offered by sponsoring entities, as part of the training

programme plan in relation to the development of vocational

competences;

"VET provider" means an individual or body corporate which

acts as the administrator of work placements, apprenticeships and

internships there by providing vocational educational programmes at

further education or higher levels, and which is licensed by the Cap. 327.

National Commission for Further and Higher Education in accordance

with the Education Act, or approved by international qualification

structures recognised by industry;

"vocational competences" are the knowledge, skills, behaviours

and attitude required to carry out a skilled and technical occupation,

and conform to the occupational standards;

"Vocational Education and Training (VET)" means education

and training which aims to equip learners with vocational education,

knowledge, skills and competences required for specific occupations;

"work-based learning" means an educational approach that

provides students with work experiences where they can apply

academic and technical skills and develop their employability. It is a

period during which learners attend a period of instruction and

training within an industrial, commercial or service workplace as part

of on-the-job training or an education programme;

"work placements” means the engagement of learners with a

registered sponsor to gain basic work experience and skills leading to

a vocational qualification or an award as outlined in Schedule 1;

"young persons" shall have the same meaning as assigned to it

in regulation 2 of the Young Persons (Employment) Regulations.

(Article 16)

Training Programmes

Training Agreements for Work-Placements

(1) Work placement with a registered sponsor which enables

the learner to gain basic work experience and skill leading to a

vocational qualification or award may be either remunerated or not;

(2) A training agreement for work-placements that are not

remunerated shall under pain of nullity contain the following

(a)

identification of the recognised skilled and technical

occupation for which the work-based learning is conducted;

(b) identification of the VET provider who is acting as

the overseer of the training programme;

(c)

identification of the sponsor and the lead trainer

within the organisation who would act as the lead trainer for the

learner throughout the training programme;

(d) start, end date, duration, and the specific hours of

the work-based component of the training programme;

(e)

training programme plan issued by the VET

provider in accordance with the provisions of this Act;

(f)

indication of the premises for the work-based

(3) A training agreement for work-placements that are

remunerated shall under pain of nullity contain the following

(a)

identification of the recognised skilled and technical

occupation for which the training programme is conducted;

(b) identification of the VET provider that is acting as

the overseer of the training programme;

(c)

identification of the sponsor and the lead trainer

within the organisation throughout the training programme;

(d)

start, end date, duration and hours of the work-based

(e)

activities taking place outside the training premises;

(f)

hours of work-based learning;

(g)

hours of unpaid observations period;

(h)

probationary period;

(i)

payment of wage and the rate to be applied;

(j)

payment of maintenance grant and the rate to be

(k)

payment of overtime and the rate to be applied;

(l)

payment of bonuses;

(m) payment of national insurance for the purpose of

social security, and any other insurance;

(n) time off allocated for the purpose of school-based

learning, including assessment with the VET provider;

(o) holiday leave and sick leave in accordance to

national legislation;

(p) conditions under which the training agreement may

be terminated;

(q) reference to collective agreements, plant agreements

or service agreements applicable to the training relationship and

indications where the documents can be accessed;

(r)

training programme plan issued by the VET

provider in accordance with the provisions of this Act;

(s)

location of the premises where the work-based

learning shall be provided;

(t)

identification of the sponsor and the lead trainer

responsible for the apprentice.

(4) Where the learner is a young person such learner shall still

be regulated in terms of the Young Persons (Employment)

Regulations (S.L. 452.92) throughout the training period.

(5) During the VET providers’ Christmas, Easter and summer

breaks, learners may attend the work-based learning component of

the training programme as agreed with the sponsor in the training

programme plan.

(6) Learners on a training programme for work placements,

whether paid or unpaid, continue to receive any social benefits due to

them in the form of, but not limited to, disability and single parent

benefits.

B.

Training Agreements for Apprenticeship

(1) A training relationship shall be established upon the

signing of the training agreement between the VET provider, sponsor

and the apprentice.

(2) Several natural persons or legal entities may cooperate

within the framework of a collaborative training venture to discharge

the contractual obligations of the sponsor as long as responsibility for

the stages of training and for the period of training as a whole are

ensured.

(3) Apprentices shall be regulated in terms of the Employment

and Industrial Relations Act (Cap. 452), the Young Persons

(Employment) Regulations (S.L. 452.92), if applicable, and the

Social Security Act (Cap. 318) with regards and not limited to

(a)

probation period;

(b)

work-based learning hours;

(c)

overtime;

(d)

cost of living increases;

(e)

occupational health and safety;

(f)

vacation leave and sick leave;

(g) maternity leave, parental leave and leave for urgent

family reasons;

(h)

public holidays falling on weekly day of rest;

(i)

wages to be paid at regular intervals;

(j)

payment of statutory bonuses;

(k)

rights to social security benefits;

(l)

hours a learner spends with the sponsor shall be

considered as the hours spent on the work-based learning

component of the training programme as defined in the training

programme plan.

(4) The training agreement shall also establish the apprentice’s

eligibility to work overtime provided that the sponsor has obtained

the necessary written consent from the VET provider.

(5) Apprentices are entitled to avail themselves of up to four

days of unpaid study leave per academic year to be used during

assessment periods upon presentation of official timetables from the

VET provider.

(6) During the VET providers’ Christmas, Easter and summer

breaks, learners are to attend the work-based learning component of

the training programme as agreed with the sponsor in the training

programme plan, and subject to the minimum hours required for the

work-based learning component as required by this Act.

(7) The sponsor shall not grant any leave on any day during

which the learner shall be required to attend school-based learning as

part of the training programme.

(8) Learners shall be remunerated by the stipulated income for

up to a maximum of six weeks if they are

(a) available for the programme, but work-based

learning and training is not provided;

(b) prevented for any other personal reason beyond their

control from discharging their obligations under the training

agreement.

(9) The training agreement shall, under pain of nullity, contain

the following

(a)

identification of the recognised skilled and technical

occupation for which the training programme is conducted;

(b) identification of the VET provider that is acting as

the overseer of the training programme;

(c)

identification of the sponsor and the lead trainer

within the organisation throughout the training programme;

(d)

start, end date, duration and hours of the work-based

(e)

activities taking place outside the training premises;

(f)

hours of work-based learning;

(g)

hours of unpaid observations period;

(h)

probationary period;

(i)

payment of wage and the rate to be applied;

(j)

payment of maintenance grant and the rate to be

(k)

payment of overtime and the rate to be applied;

(l)

payment of bonuses;

(m) payment of national insurance for the purpose of

social security, and any other insurance;

(n) time off allocated for the purpose of school-based

learning, including assessment with the VET provider;

(o) holiday leave and sick leave in accordance to

national legislation;

(p) conditions under which the training agreement may

be terminated;

(q) reference to collective agreements, plant agreements

or service agreements applicable to the training relationship and

indications where the documents can be accessed;

(r)

training programme plan issued by the VET

provider in accordance with the provisions of this Act;

(s)

location of the premises where the work-based

learning shall be provided;

(t)

identification of the sponsor and the lead trainer

responsible for the apprentice.

(10) A training agreement regulating apprenticeship shall be

null and void if it

(a)

obliges learners to pay for their training programme;

(b) imposes penalties on the learner other than penalties

regulated by the Employment and Industrial Relations Act (Cap.

452);

(c)

excludes or limits claims to compensation for

damages, and, or determines the rate of compensation for

damages as a lump sum.

(11) Learners on a training programme of apprenticeship

continue to receive any social benefits due to them in the form of, but

not limited to, disability and single parent benefits.

C.

Training Agreement for Internships

(1) A training agreement for internships shall be concluded

before the commencement of a training programme and shall be

signed by the VET provider, sponsor and the intern.

(2) Internship may be either remunerated or not remunerated.

(3) A training agreement for internships that are not

remunerated shall, under pain of nullity, contain the following

conditions

(a)

identification of the recognised skilled and technical

occupation for which the work-based learning is conducted;

(b) identification of the VET provider who is acting as

the overseer of the training programme;

(c)

identification of the sponsor and the lead trainer

within the organisation who shall act as the lead trainer for the

learner throughout the training programme;

(d) start, end date, duration, and the specific hours of

the work-based component of the training programme;

(e)

training programme plan issued by the VET

provider in accordance with the provisions of this Act;

(f)

indication of the premises for the work-based

learning.

(4) A training agreement for internships that are remunerated

shall, under pain of nullity, contain the following conditions

(a)

identification of the recognised skilled and technical

occupation for which the training programme is conducted;

(b) identification of the VET provider that is acting as

the overseer of the training programme;

(c)

identification of the sponsor and the lead trainer

within the organisation throughout the training programme;

(d)

start, end date, duration and hours of the work-based

(e)

activities taking place outside the training premises;

(f)

hours of work-based learning;

(g)

hours of unpaid observations period;

(h)

probationary period;

(i)

payment of wage and the rate to be applied;

(j)

payment of maintenance grant and the rate to be

(k)

payment of overtime and the rate to be applied;

(l)

payment of bonuses;

(m) payment of national insurance for the purpose of

social security, and any other insurance;

(n) time off allocated for the purpose of school-based

learning, including assessment with the VET provider;

(o) holiday leave and sick leave in accordance to

national legislation;

(p) conditions under which the training agreement may

be terminated;

(q) reference to collective agreements, plant agreements

or service agreements applicable to the training relationship and

indications where the documents can be accessed;

(r)

training programme plan issued by the VET

provider in accordance with the provisions of this Act;

(s)

location of the premises where the work-based

learning shall be provided;

(t)

identification of the sponsor and the lead trainer

responsible for the apprentice.

(5) Where the learner is a young person, such learner shall still

be regulated in terms of the Young Persons (Employment)

Regulations (S.L. 452.92) throughout the training period.

(6) During the VET providers’ Christmas, Easter and summer

breaks, learners may attend the work-based learning component of

the training programme as agreed with the sponsor in the training

programme plan.

(7) Learners on a training programme for interns, whether paid

or unpaid, continue to receive any social benefits due to them in the

form of, but not limited to, disability and single parent benefits.

Passed by the House of Representatives at Sitting No. 88 of the 28th

February, 2018.

ANĠLU FARRUGIA

Speaker

RAYMOND SCICLUNA

Clerk of the House of Representatives

€3.06

Subject to the proviso hereto, this Act shall regulate

education providers and sponsors that administer VET programmes in

terms of the provisions of this Act.

(1) Persons who have attained school leaving age as

defined by the Education Act shall be eligible to enrol for work

placements, apprenticeships and internships in accordance with this

Act.

(2) It shall be the responsibility for the VET providers to set

the entry requirements for respective training programmes.

The training programme shall be subject to the

accreditation processes by the National Commission for Further and

Higher Education as prescribed in the applicable Act and in

compliance with the Malta Qualifications Framework and any other

relevant legislation or of international qualification structures

recognised by industry.

(1) A learner shall be eligible for the award of a Degree

or Diploma or Certificate or Award or similar after all conditions

relevant to that qualification or recognition have been fulfilled and

insofar as all the other obligations and responsibilities of the learner

have been fulfilled.

(2) The VET provider shall establish the title of the

qualification or award, the level on the Malta Qualifications

Framework or on international qualification structures recognised by

industry, ECVET and ECTS credits or similar, duration, and ratio of

work-based and school-based learning for a training programme as

defined by this Act.

The VET provider may also decide to issue a skills card Skills cards.

with the qualification or award, to provide the learner with portable

evidence of the level of competence attained in a recognised

occupation; the skills card shall include the name of the qualification

holder, identification, title of the recognised occupation, title of the

training programme, level of qualification or award, date of

attainment, serial number and name of the awarding VET provider.

There shall be a training programme plan that shall be part Training

of the training agreement as described in this Act, and shall contain programme

for work-

the following information

placements,

apprenticeships

and internships.

(a)

training programme title;

(b)

relevant skilled and technical occupation;

(c)

eligibility and entry requirements;

(d) calendar dates and hours to be spent at the school-

based and work-based learning locations including number of

hours or working days for each week of the calendar year when

a learner will be engaged in work-based learning with the

sponsors and engaged in school-based learning with the VET

provider;

(e)

learning outcomes and credits for school-based and

work-based learning, defining the knowledge, skills behaviours

and attitudes to be gained;

(f)

assessments methodology providing the types of

assessments, dates, duration, location at the sponsor and the

VET providers premises;

(g) qualification or award level obtained on the Malta

Qualifications Framework and the equivalent European

Qualifications Framework or on international qualification

structures recognised by industry on successful completion of

the full learning programme;

(h)

progression to further training programmes;

(i)

due date of review of the educational content of the

training programme by the VET provider.

(1) VET providers shall act as the administrators of the

training programmes and shall be responsible for the development,

coordination, control, assessment and certification of the training

programmes, as well as the provision of the school-based learning

component and have such functions as set out in this Act and such

other functions as may devolve upon them under any other law or as

may be assigned by the Minister under this Act.

(2) With respect to training programmes it shall be the duty of

VET providers to

(a)

develop training programmes for skills that are in

demand or are expected to be in demand in the future, based on

national research reports and national requirements for skilled

and technical occupations;

(b) identify potential sponsor and training programme

vacancies for learners;

(c)

develop training programmes in consultation with

sponsors;

(d) review and update the

training

programmes

periodically at least every three years;

(e)

conduct internal quality audits on training

programmes and their support administrative processes;

(f)

develop internal training programme regulations on

educational and operational matters of the respective

programmes;

(g) set up of a Work-Based Learning Operational Board,

as stipulated in this Act, intended to develop, administer, control

and improve all processes pertaining to the training programmes

in relation to work-placements, apprenticeships and internships;

(h) deliver school-based learning as part of the training

programme;

(i)

conduct assessments of the skills gained by learners

through work-based learning and school-based learning, based

on learning outcomes specified in the training programme plan;

(j)

determine the transfer of credits earned in a training

programme to another, taking into account the learning

outcomes acquired in the course of such previous training;

(k)

compile a training programme plan as specified in

this Act;

(l)

develop a training programme plan so that working

and training hours shall be, as reasonably possible, flexible in

order to make them more accessible to learners with

dependents;

(m) ensure that training programmes, systems and

processes reflect the national strategy for social inclusion in

education.

(3) VET providers shall ensure that consideration is given to

the special training programme requirements of disabled persons and

that training of disabled persons is coordinated with other measures to

promote their participation in working life.

(4) With respect to qualifications and awards, it shall be the

duty of the VET provider to

(a)

issue the qualification or award for each training

programme in accordance with the Malta Qualifications

Framework or on international qualification structures recognised

by industry;

(b) exercise the voluntary option to issue a skills card as

specified in this Act, to the learner on the successful completion

of the training programme;

(c)

issue

the

EUROPASS

Certificate/Diploma

Supplement or similar to learners on the successful completion

of the training programme.

(5) With respect to training agreements it shall be the duty of

the VET provider to

(a)

ensure that the content of the training agreement

signed by the learners, the sponsor and the VET provider is

compliant to the terms of this Act;

(b) ensure that the training programme plan pertaining

to the balance of work-based learning and school-based learning

is compliant in terms of this Act;

(c)

maintain a Register of Training Agreements.

(6) It shall be the function of the VET provider with regards to

the sponsors, trainers and learners to

(a)

supervise the suitability of sponsors and appointed

lead trainers;

(b) supervise the suitability of the premises where

work-based learning is held;

(c)

ensure that the learners have a designated lead

trainer on the work premises for the whole period of the training

programme;

(d) determine the maximum number of learners that

sponsors can engage, based on their respective resources for

training and learning;

(e)

maintain regular contact, communication and co-

operation with the sponsors on all aspects of the training

programme;

(f)

provide information and access for learners

regarding offers of work-placement, apprenticeship, and, or

internship opportunities by sponsors;

(g) match learners with training programme vacancies

for final selection by the sponsor;

(h)

provide counselling and guidance services to

learners;

(i)

take all necessary action to ensure the wellbeing of

learners during the work-placement, apprenticeship and, or

internship opportunities provided by sponsors;

(j)

mediate on issues relating to work-based learning

and training which may arise between the learner and sponsor;

(k) manage the transfer of learners from one sponsor to

another when the need arises and if the transfer is required by

the nature of the training programme;

(l)

ensure that entry requirements and the selection of

learners are equitable and free from discrimination on the

grounds of: age, belief, creed and, or religion, colour, ethnic

origin and, or race, disability, family responsibilities and, or

pregnancy, family and, or civil status, gender expression and, or

gender identity, genetic features, health status, political opinion,

sex and, or sex characteristics, and sexual orientation.

The work-based learning component shall be provided in

Location of

work-based

learning.

(a)

companies engaged in economic activity; or

(b) organisations not engaged in economic activity, such

as those of the public service and in establishments of members

of the independent professions; or

(c)

non-company premises in suitable facilities outside

the main training premises, if and to the extent necessary, for the

purposes of training including training in different companies,

and partial joint instruction at a VET provider; or

(d) vocational training facilities outside the system of

school-based and work-based learning and training (non-

company training); or

(e)

partly abroad in countries offering compatible skills,

vocational support systems and qualifications frameworks, as

part of an international exchange of which the VET provider,

company or the country is a participant

Provided that for the purpose of this Act, training

programmes shall not apply to vocational training programmes that

are conducted in their entirety either in vocational schools, or in

simulated environments whereby work processes and systems are

replicated in an artificial environment.

(1) The VET provider shall identify and supervise the Suitability of

suitability of sponsors and trainers who engage learners for the sponsors

trainers.

purposes of this Act, which sponsors and trainers must have the

sufficient technical experience, technical qualifications and personal

competences

Provided that sponsors who do not, in the opinion of the

VET provider, possess the necessary technical qualifications may

only be permitted by the VET provider to engage learners after

appointing trainers with the necessary technical experience, technical

qualifications and personal competences to directly impart the

essential training in a responsible manner on the training premises

Provided further that persons shall be deemed to have the

necessary technical experience if they possess the vocational

knowledge and skills required by the training programme and have

been employed in a practical capacity for a period of five years in

their own occupation.

(2) The VET provider shall deem that a person possesses the

necessary technical qualifications if they have obtained a certification

recognised by the Malta Qualifications Framework or by international

qualification structures recognised by industry in a technical field

corresponding to the skilled and technical occupation

Provided that the VET provider may still recognise persons

as trainers without having the technical qualifications after having

produced evidence that they have acquired through experience the

technical competences necessary to tutor learners;

(3) Any other person, who possesses the knowledge, skills,

behaviours, attitudes and the personal competences necessary to

deliver the learning outcomes defined in the training programme plan,

may, under the responsibility of the lead trainer, participate in the

provision of work-based learning and training processes

Provided that a person shall not be deemed to have the

necessary personal competences if he has been found guilty of

repeated or serious contraventions of this Act or of the provisions

issued and regulations made according to this Act.

(1) The VET provider shall provide regular monitoring

of the learners during the work-based period with the sponsor. Visits

to learners should be at least twice per academic year, which can be

part of visits pertaining to interim and final assessments.

(2) The VET provider may conduct any inspection and request

information from the sponsor as it may deem necessary to ascertain

that the learner is receiving adequate training in relation to the agreed

learning outcomes

Provided that if the VET provider deems that the learner is

not receiving adequate training, it shall order the sponsor to remedy

the situation and in the event that the sponsor fails to comply, the

learner may be withdrawn from the sponsorship.

(1) The VET provider shall ascertain that the premises

of the sponsors are suitable in accordance with the provisions of this

Act.

(2) The VET provider shall verify that the environment and

the equipment at such premises are suitable for the learning

objectives of the training programme and that the ratio of learners and

the training facilities or of skilled staff is adequate to ensure the

achievement of work-based vocational competences for the required

work-based learning

Provided that training premises where the necessary

vocational knowledge, skills and competences cannot be imparted in

their entirety, shall be deemed suitable, only if those competences can

be imparted through work-based learning at alternative training

premises approved by the VET provider.

(1)

It shall be the right of the sponsor to

Rights and

obligations of

sponsor.

(a)

select prospective learners who apply for training

programme vacancies;

(b) advertise work-based learning and training

programme vacancies through the VET providers or

independently.

(2) sponsors may be eligible for tax incentives for the cost

incurred to engage a Learner on a training programme.

(3) It shall be the obligation of the sponsor to

(a)

pay a remuneration to the learner in accordance with

the rate established by the relevant legislation, for the duration

of the time the learner spends at the place of work as part of the

work-based learning component, as predefined in the training

programme plan;

(b) ensure that learners are provided with the

environment to achieve the learning outcomes as defined in the

training programme plan;

(c)

run the work-based training process systematically,

in accordance with the training programme plan, syllabus and

timetable, in an appropriate form so that the training is achieved

within the specified period;

(d) allow learners to attend school-based learning

sessions, assessments or any other commitments, which are

related to the training programme, as specified in the training

programme plan;

(e)

allow learners to participate in international

exchanges which are related to work-based learning and which

provide for the development of vocational competences as part

of the training programme plan;

(f)

identify individuals who possess technical

knowledge, experience and personal competence to act as lead

trainers in terms of this Act;

(g) ensure that learners have a designated lead trainer on

the work premises for the whole period of the training

programme;

(h) entrust work-based training to the lead trainers or to

suitable competent persons as agreed with the VET provider for

the whole period of the training programme, and to other

trainers who shall remain under the direction of the lead trainer;

(i)

ensure that the lead trainer is available at all times to

monitor the learner and ensure that the learner is receiving

adequate training;

(j)

provide the facilities and training necessary for the

learner to achieve the learning outcomes necessary for the

successful completion of the training programme’s interim and

final assessment, administered by the VET provider;

(k) provide the premises and equip learners with the

tools and supplies necessary for the successful completion of

the training programme and the passing of their interim and

final assessments, administered by the VET provider, even if

such assessments take place right after the end of the work-

based period;

(l)

allow learners to attend at another workplace for a

specified period of time to receive essential training that cannot

be delivered within their establishment as specified in the

training programme plan

Provided that such allowance shall only be possible

by prior agreement with the sponsor before the commencement

of the learning programme as specified in the training

agreement;

(m) oblige learners to keep a written training logbook

record up to date, and to inspect the records insofar as such

records are required as part of the work placement,

apprenticeship or internship;

(n) provide proper health and safety equipment and

facilities in accordance with the Occupational Health and Safety

Authority Act;

(o) ensure that learners are covered by the sponsor’s

public liability insurance and vehicle insurance, where

appropriate;

(p) ensure that learners are entrusted with tasks that

serve the purpose required for the development of, and are

commensurate with, the physical abilities;

(q) ensure that the learners’ wellbeing is safeguarded

and that they are trained in an environment that is free from

discrimination, work place bullying or harassment;

(r)

present training agreements to be entered in the

Register maintained by the VET provider as soon as the

agreements are established. The same shall apply to

amendments to the essential stipulations of an agreement;

(s)

retain records of the training agreements and a

record of progress of the learner in terms of work-based

learning activities. Records shall be retained for a period of

three years after the termination of the training programme. The

sponsor shall pass on the records to the VET provider on

demand within the period of the training programme and the

subsequent three years;

(t)

immediately inform the VET provider of any

learner’s shortcomings in order for necessary action to be taken;

(u) allow access for monitoring purposes by the VET

provider’s official representatives and any other official who is

authorised by the VET provider.

(1)

Learners shall have the following rights

Rights and

obligations of

learners.

(a)

learners may be eligible to benefit from student’s

maintenance grant in terms of the Student Maintenance Grant S.L. 327.178

Regulations;

(b) learners on apprenticeship programmes have the

right to an income equivalent to the national minimum wage

per hour for the hours spent at the workplace as stipulated in the

training programme plan. The income per hour is calculated as

the income derived from the sponsor and from the student

maintenance grant.

(2) Learners shall have the following obligations

(a)

perform tasks entrusted to them as part of their

work-based training;

(b) undergo vocational education and examinations as

outlined in the training programme plan set by the VET

provider;

(c)

abide by the instructions given to them within the

framework of their work-based training by the sponsor, trainers

or any other persons entitled to give them such instructions;

(d) attend for work-based learning component in

accordance to the pre-established training programme plan set

by the VET provider;

(e)

attend for any school-based learning as provided by

the VET provider or any other service provider according to the

needs, without absenting themselves for unjustified reasons;

(f)

update the training logbook on a regular basis as

established by the VET provider in accordance to the

requirements of the training programme;

(g) notify the VET provider if the sponsor is not

adhering to the conditions established in the training agreement;

(h) abide by the rules of behaviour as established by the

sponsor and the VET provider.

(1) There shall be a training agreement for work

placements, apprenticeships and internships as outlined in Schedule

2, which agreements have to be signed before the commencement of

the training programmes by the sponsor, the learner and the VET

provider

Provided that if the learner is a young person, the learner’s

parents or legal guardians shall sign the training agreement before the

commencement of the training programme.

(2) The sponsor shall provide all signatories with a copy of the

signed contract on the date of signing.

(3) A training agreement is binding if it has been registered

with a VET provider in accordance with the provisions of this Act.

(4) A training agreement is binding throughout the duration of

the programme.

(5) Any agreement departing from the provisions of this Act to

the detriment of the learner shall be null and void.

(6) Nothing contained in this Act shall affect any right that a

sponsor may have to institute civil proceedings against a learner in

respect of any contravention of or failure to comply with the

provisions of the training agreement or any condition thereof.

(7) Nothing contained in this Act shall affect any right that a

learner may have to institute civil proceedings against his sponsor in

respect of any contravention of or failure to comply with any

provision of the training agreement or any condition thereof.

(1) The training programme shall end upon the Termination of

expiration of the period of training and upon successful completion work

placements,

by the learner of the training programme as established in the training apprenticeships

and internships.

agreement

Provided that if upon expiration of the term of training the

learner fails to successfully complete the training programme the

learner may request an extension until the next possible occasion for

successful completion of the training programme which period shall

not be extended for more than one year.

(2) The work-based component of the training programme can

be terminated in accordance with the relevant legislation regulating

the probationary period.

(3) Where the learner submits his resignation from a training

programme such shall be endorsed by the sponsor by signing the

‘Resignation Form’ and by the VET provider. Resignation shall lead

to a termination of the training agreement and termination of the

training programme.

A learner who discontinues the work-based period before Notice.

the time specified by the training agreement shall not be liable to pay

the sponsor any amount in respect of the training received during the

time spent at work as well as for the remainder of time specifically

agreed upon for the work-based period.

(1) It shall be the duty of the VET providers to set up Register of

and maintain a register for the training programmes that they Training

Agreements.

administer.

(2) It shall be the duty of the sponsor upon the commencement

of the training agreement to register the training agreement with the

VET provider. If a training agreement is amended, the sponsor shall

register, as soon as practicable, such amended training agreement

with the VET provider.

(3) The date of registration of the training agreement shall not

affect the date of commencement of the agreement, but a refusal by

any party to register the agreement shall cause the agreement to be

null and void from the date of refusal. The date of commencement of

an agreement shall be the date of signing by all the parties or such

date as may be stipulated therein.

(4) It shall be the duty of the VET provider to maintain and

update the Register of Training Agreements to include information on

the successful completion or early termination of programmes.

(5) The VET provider shall be responsible to submit an annual

report to the National Commission for Further and Higher Education,

inter alia on the following

(a) training programmes in progress by occupation,

gender, nationality and level of certification;

(b) training programmes concluded that year by

occupation, gender, nationality and level of certification;

(c)

training programmes to be concluded in the

forthcoming year by occupation, gender, nationality and level of

certification

Provided that the National Commission for Further and

Higher Education shall have the right to request any further

information as it may deem fit and the VET provider shall be obliged

to provide any such information as may be requested.

(1) It shall be the duty of the VET provider to

administer interim assessments and final assessments based on the

learning outcomes in the training programme plan.

(2) Interim assessments shall occur at least once every six

months during the training programme.

(3) Interim assessments can take place at the place of work or

at the premises of the VET provider or any other premises, which

may be designated by the VET provider. The object of the final

assessment shall be to determine whether learners have achieved the

learning outcomes defined in the training programme plan for both

the school-based and work-based components. The final assessment

shall demonstrate that Learners have mastered the necessary

knowledge, skills, behaviours, attitudes and vocational competences

required to carry out a skilled and technical occupation.

(4) The sponsor may withdraw from the training agreement

with the VET provider and the learner if the learner fails the final

assessment.

(5) Learners shall be admitted to the final assessment provided

that

(a)

the Learner completed the full period of combined

school-based and work-based learning in accordance with the

training programme plan or if the period is due to end no later

than two months from the date set for the assessment; and

(b) the learner conducted and passed the prescribed

interim assessments.

(6) The decision on admission to the final assessment shall be

taken by the VET provider. If it deems that the conditions for

admission have not been fulfilled, a decision shall be taken by the

Board of Examiners.

(7) In the event of failure to pass interim or final assessments,

the assessments may be repeated subject to the regulations

established by the VET provider.

(1) The VET Provider shall establish a Work-Based Work-Based

Learning Operational Board which shall consist of at least three Learning

Operational

members one of whom shall serve as Chairperson who shall have Board

sufficient expertise and knowledge on the subject matter and shall be

an employee of the VET provider

Provided that no member appointed to serve on the Work-

Based Learning Operational Board may concurrently be a sponsor of

the same programme.

(2) The Work-Based Learning Operational Board shall have

such functions as set out in this Act and in particular to

(a)

adapt where possible existing curricula into training

programmes including a work-based learning component;

(b)

review training programmes;

(c)

set up a Board of Examiners for each training

programme;

(d) establish regulations and policies for the Board of

Examiners which shall include admission of learners for the

assessment, the structure of the assessment and the criteria for

assessment;

(e)

oversee the operation of the Boards of Examiners;

(f)

establish regulations for the assessment of training

programmes.

(1) The Work-Based Learning Operational Board shall

establish such Board of Examiners to administer assessments for each

training programme.

(2) The Board of Examiners shall take decisions with regard to

the grades to be given for assessment performance in individual areas

and for the overall assessment performance as well as decisions

concerning the passing or failing of the final assessment.

(3) The Board of Examiners shall consist of at least three

members who shall have sufficient expertise and knowledge on the

subject matter.

(4) The Board of Examiners shall include a member of the

VET provider’s administration and a member representing the

relevant industry.

(5) The Work-Based Learning Operational Board shall appoint

members on the Board of Examiners for a period of two years which

can be renewed to a maximum of four years.

(6) The quorum for the Board of Examiners shall be of two-

thirds of the members

Provided that at least three members are present to form a

quorum.

(7) The Board of Examiners shall take decisions by a majority

of votes provided that if the vote is not unanimous a minority report

may be drawn up.

(1) The rights and obligations of any sponsor under any

training agreement may, with the consent of all parties, be transferred

to another sponsor.

(2) No such transfer shall be deemed to be complete until it

has been registered in the Register of Training Agreements

Provided that the VET provider shall not register a transfer

if such transfer is not in the interest of the learner or if it infringes the

right of the previous sponsor.

(3) The VET provider may, upon the request of the sponsor, or

learner, or both, or upon its own discretion, terminate the agreement

by giving written notice of such decision to both parties, and transfer

the learner to complete the training programme with another sponsor

in the eventuality that

(a)

either the sponsor or the learner is unable to fulfil

the conditions of the training agreement; or

(b) either the sponsor or the learner fails to observe any

of the conditions of this agreement; or

(c)

any difference or disagreement arises between the

sponsor and the learner; or

(d) either the sponsor or the learner is convicted of a

serious criminal offence.

(1) The sponsor is not obliged to retain the learner Employment

following

beyond the period of the training programme.

apprenticeship.

(2) If learners continue to work for their sponsor after their

training programme has ended an employment relationship is deemed

to have been established.

(1) Where, during the period of training, any dispute Disputes.

arises between a sponsor and a learner, the sponsor shall be entitled,

as from the date of reporting the circumstances to the VET provider,

to suspend the learner from work, saving the right of the learner for

full reinstatement if the final decision is in the learner’s favour.

(2) Disputes between the learner and the VET provider shall

be addressed through the VET provider’s internal dispute resolution

system, regulated by the conditions of accreditation of educational

institutions.

(3) There shall be a Work-Based Learning Appeals Board,

hereinafter referred to as the Appeals Board, to which any party may

appeal if aggrieved by a decision of the VET provider.

(4) Appeals provided for in sub-article (3) shall be filed in the

Registry of the Appeals Board within fifteen working days from the

date when the decision of the VET provider is communicated to the

party.

(5) In the event of a dispute between the sponsor and the VET

provider, either party can raise the issue to the Appeals Board.

(6) The Appeals Board shall consist of an independent

chairperson and two independent members appointed by the Minister

from among persons of known integrity who appear to him to be

qualified by reason of experience of and capacity in matters deemed

appropriate for such purpose.

(7) A member of the Appeals Board shall abstain and may be

challenged in such circumstances as would disqualify a judge in terms

of Sub-Title II of Title II of Book Third of the Code of Organization

and Civil Procedure and in any such case the member shall be

substituted by another person appointed for such purpose by the

Minister.

(8) The members of the Appeals Board shall hold office for a

period of three years, and shall be eligible for re-appointment.

(9) A member of the Appeals Board may be removed from

office by the Minister on grounds of gross negligence, conflict of

interest, incompetence, or act or omissions unbecoming a member of

the Appeals Board.

(1) The Minister may, subject to the provisions of this

Act, make regulations to give effect to any of the provisions of this

Act or to regulate or otherwise provide about any matter in respect of

the functions and activities which affect work-based learning in

accordance with this Act.

(2) The Minister may, acting in accordance with the provisions

of this Act, make regulations for the better carrying out of the

provisions of this Act and may appoint any person or body to be the

designated authority for the purposes of exercising any duties or

obligations which the government has under this Act.

(3) Without prejudice to his powers under the provisions of

this Act, the Minister may direct any person or any department,

agency, corporation or authority established by law to carry out any

functions or duties in terms of this Act or of any regulations made in

terms of this Act, and, or to ensure the proper implementation of this

Act or of any regulations made in terms of this Act, and the Minister

may by regulations prescribe and regulate the procedures and

methods to be adopted by such person or department, agency,

corporation or authority in exercise of such functions.

(4) The Minister may, from time to time, give to any of the

entities or to any of its officers or employees such directives and

orders, not being inconsistent with the provisions of this Act, as the

Minister may deem opportune with regard to the policy that has to be

followed by them and to the operation and implementation of their

functions, and on any other matter which appears to the Minister to be

connected with work-based learning, and the entity, officer or

employee concerned shall, as much as possible, without delay comply

with and act in accordance with these directives and orders and shall

conduct their functioning in accordance with these principles.