PERSONS WITH DISABILITY (EMPLOYMENT) ACT

PERSONS WITH DISABILITY (EMPLOYMENT)

CHAPTER 210

PERSONS WITH DISABILITY

(EMPLOYMENT) ACT

To provide for the employment of persons with disability and for matters

connected therewith or ancillary thereto.

(7th February, 1969) *

ACT II of 1969, as amended by Acts XIV of 1969, XXII of 1976, XI of

1977, XIII of 1983 and XXVI of 1995; Legal Notice 411 of 2007; and Acts

XXII of 2015 , XXVII of 2016, XXIX of 2019 and XXXIV of 2021.

The short title of this Act is the Persons with Disability

(Employment) Act.

In this Act, unless the context otherwise requires -

"association of persons" includes any society of persons, whether

corporate or unincorporate and whether vested with legal

personality or not;

"the Authority" means the National Employment Authority

established by article 3 of the Employment and Training Services

Act;

"blind person" means a person who has no sight or whose sight

is, or is likely to become, so defective that he is unable to obtain or

keep any employment, or to undertake any work on his own

account, for which sight is essential;

"compulsory school age" in relation to any person means the age

at which such person ceases to be subject to the provisions of the

Education Act;

"the Corporation" means Jobsplus established by article 5 of the

Employment and Training Services Act;

"deaf person with speech" means a person who, even with a

hearing aid, has little or no useful hearing and whose normal

method of communication is by speech and lip reading;

"deaf person without speech" means a person who has no useful

hearing and whose normal method of communication is by signs,

finger spelling or writing;

"disablement resettlement services" means such facilities as are

designed to place in suitable employment registered persons;

"industrial rehabilitation courses" means such facilities of

physical training, exercise and occupation conducive to the

restoration of fitness, whereby persons with disability may be

rendered fit for undertaking employment or work on their own

account, of a kind in which they were engaged before they became

disabled or of some other kind suited to their age, experience and

*See Government Notice No 138 of 7th February, 1969.

PERSONS WITH DISABILITY (EMPLOYMENT)

qualifications, or for making use of a vocational training course,

and includes such other incidental facilities as may appear to the

Minister to be requisite for enabling persons attending such courses

to obtain the full benefit thereof;

"Minister" means the Minister responsible for labour;

"person" includes an association of persons;

"person with disability" shall have, for any person over compulsory

school age, the same meaning assigned to it in article 2 of Part I of the

Equal Opportunities (Persons with Disability) Act; and the word

"disability", with respect to any person, shall be construed

accordingly;

"placement officer" means any suitably qualified officer authorized in

writing by the entity responsible for the register;

"prescribed" means prescribed by regulations made by the

Minister under this Act;

"public service" has the same meaning as is assigned to it by

article 124 of the Constitution of Malta;

"the register" means the register of persons with disability kept

under article 5;

"registered person" means a person whose name is for the time

being entered in the register;

"suitable employment" means such employment, or such work on

one’s own account, as a placement officer, having regard to the age,

experience and qualifications of the person with disability,

considers suitable for that person;

"vocational guidance services" means facilities designed to guide

persons with disability in their choice of employment or work on

their own account, of a kind suited to their age, experience and

qualifications;

"vocational training courses" means facilities for the training of

persons with disability who are in need of training in order to

render them competent to undertake employment or work on their

own account, of a kind suited to their age, experience and general

qualifications.

(1) The Minister may provide, or make arrangements for

the provision by any government department or the Corporation or

otherwise of -

(a)

vocational guidance services;

(b)

vocational training courses;

(c)

industrial rehabilitation courses; and

(d)

disablement resettlement services.

(2) Where any person with disability is receiving any of the

services or is attending any of the courses referred to in sub-article

(1), he shall be under adequate supervision as and when necessary.

(3) Any arrangements made by the Minister under sub-article

(1) may include the dispensation from or modification of any

PERSONS WITH DISABILITY (EMPLOYMENT)

q u a l i f i c a t i o n o r c o n d i t i o n r e l a t i n g g e n e r a l l y t o t h e e n t r y,

attendance, or otherwise, in respect of any services for vocational

guidance or any courses for vocational or industrial training

provided for persons other than persons with disability.

(1) The Minister may defray, or contribute towards,

expenses incurred -

(a) in the provision of vocational training courses or

industrial rehabilitation courses as are referred to in

article 3(1); and

(b) by persons attending such courses in travelling to and

from the place where the course is held,

and may also, to or in respect of such persons, grant further

assistance, in cash or in kind, as he may from time to time

determine.

(2) Any assistance granted under sub-article (1) shall be

subject to such conditions as the Minister may impose either

generally or in respect of any particular person.

(1) The Corporation shall set up and maintain a Register of

Persons with Disability.

(2) The register shall be kept in such form, and may be divided

into such parts, and entries and alterations therein and removal of

entries therefrom shall be made in such manner, as the Minister

may determine.

Every person whose name is entered in the register shall be

provided with a certificate of registration and such document shall,

until the contrary is proved, be sufficient evidence of the facts

shown therein.

The Minister may make regulations prescribing -

(a) the manner of issue of certificates of registration;

(b) the conditions for the issue of a duplicate certificate of

registration on evidence of the loss or accidental

destruction of the original certificate;

(c) the manner in which such loss or accidental

destruction is to be proved;

(d) the conditions under which, subject to the provisions

of this Act, any such certificate shall become null and

of no validity; and

(e) the manner of withdrawal of any certificate issued

under this Act.

(1) The Minister may make regulations prescribing matters

which are to constitute conditions of, or disqualifications from, the

entry or the retention in the register of the names of any persons,

either generally or in particular circumstances, including, without

prejudice to the generality of this power, regulations prescribing

the manner in which a person may apply to have his name entered

or retained in the register.

PERSONS WITH DISABILITY (EMPLOYMENT)

(2) The matters which may be prescribed under sub-article (1)

shall be such as, in the opinion of the Minister, on the advice of the

Authority, are to be so prescribed in order to secure that the fact

that a person’s name is entered in the register will afford reasonable

assurance of his being a person capable of entering into and

keeping employment, or of undertaking work on his own account,

under the conditions under which, in accordance with the

provisions of this Act, employment may be offered to him or work

may be available for him, and the said matters shall, without

prejudice to the generality of this provision, include -

(a) unreasonable refusal or failure to attend a vocational

training course or an industrial rehabilitation course;

(b) unreasonable refusal to accept, or unreasonable failure

to keep, suitable employment;

(c) the fact that a person is not ordinarily resident in

Malta.

(1) Upon the receipt of any application made in the

prescribed manner the Corporation shall, after ascertaining that any

prescribed condition as to the entry or retention of the applicant’s

name in the register is satisfied and that there is no prescribed

disqualification in respect of such entry or retention, refer the

application to a placement officer who shall decide whether the

name of the applicant should be entered or retained in the register.

(2) Where a placement officer is satisfied that any person

whose application has been referred to him under sub-article (1) is

a person with disability, and that his disability is likely to continue

for a period of at least twelve months from the time of the entry or

retention, as the case may be, of his name in the register, he shall

inform the Corporation that the name of the applicant is to be

entered or retained, as the case may be, in the register and the

Corporation shall cause such name to be immediately so entered or

to be retained.

(1) Subject to the provisions of the next following sub-

article, when the name of a person has been entered in the register

it shall be retained therein until the expiration of such period as

may have been specified by a placement officer at the time of the

entry as the time for which such name is to be retained therein

without further application or until the expiration of such further

period as such name shall have been caused to be retained under the

last preceding article.

(2) If at any time whilst the name of any person is entered in

the register the Corporation is of opinion that any prescribed

condition as to the retention of names in the register applicable to

that person is not satisfied, or that such person is subject to any

prescribed disqualification in that behalf, the Corporation shall

remove from the register the name of that person

Provided that, where the prescribed condition or

disqualification, as the case may be, is of a medical nature, the

Corporation shall, before removing the name of such person from

the register, refer the matter to the placement officer for his

PERSONS WITH DISABILITY (EMPLOYMENT)

decision and shall abide thereby.

A placement officer may, before coming to any decision on

any matter referred to him in accordance with the provisions of this

Act, seek the advice of any medical officer in the public service

who shall give his advice as early as possible.

When an application for the entry or retention of a person’s

name in the register has been refused by the Corporation, or where

the name of a person is not for the time being in the register by

reason of a decision taken under article 10(2) or a determination of

the Authority, no further application may be made for the entry or

r e t e n t i o n o f s u c h p e r s o n ’s n a m e i n t h e r e g i s t e r u n l e s s t h e

circumstances relevant to that decision or determination, as the

case may be, have since changed.

(1) Any decision taken under or in pursuance of the

provisions of this Act shall be notified in writing by the

Corporation to the person to whom it relates.

(2) When any person is dissatisfied with any decision taken as

aforesaid (other than a determination of the Authority), he may

appeal to the Authority against such decision in such manner and

within such time as the Minister may prescribe by regulations made

under this article.

(3) Where the Minister is of opinion that any decision taken

under or in pursuance of the provisions of this Act (other than a

determination of the Authority) should be reviewed by the

Authority, he shall notify the Corporation accordingly and the

Corporation shall refer the matter to the Authority for its

consideration.

(4) The Authority may, in its determination on any appeal

entered in accordance with sub-article (2) or on any reference made

under sub-article (3), confirm, reverse or vary, in whole or in part,

the original decision.

Notwithstanding anything contained in this Act, any person

whose name is entered in the register shall be entitled to have his

name removed from the register on making a written application

therefor to the Corporation.

(1) Any person to whom this article applies shall give

employment to such number of registered persons as is his quota in

accordance with the provisions of article 16

Provided that any person to whom, on the coming into

operation of this Act, this article applies, shall (if needs be) comply

with the provisions of this sub-article as and when vacancies occur.

(2) A person to whom this article applies shall not at any time

take, or offer to take, into his employment any person other than a

registered person, if, immediately after the taking in of that person,

the number of registered persons in his employment (excluding

persons employed by him in an employment of a class at that time

designated under article 19) would be less than his quota.

(3)

The provisions of sub-article (2) shall not apply to a person

PERSONS WITH DISABILITY (EMPLOYMENT)

taking into his employment at any time a person whom, apart from

that sub-article, it would have been his obligation so to take at that

time by virtue of an agreement entered into before the 22nd

November, 1968.

(4) The provisions of sub-article (2) shall not apply to a person

taking, or offering to take, into his employment any person in

accordance with a permit issued in that behalf by the Minister

under the provisions of article 18.

(5) A person to whom this article applies who for the time

being has in his employment a registered person shall not, unless he

has good and sufficient cause, discontinue the employment of that

person if, immediately after such discontinuance, the number of

registered persons in his employment (excluding persons employed

by him in an employment of a class at that time designated under

article 19) would be less than his quota

Provided that this sub-article shall not have effect if,

immediately after such discontinuance, the employer would no

longer be a person to whom this article applies

Provided further that an employer may not set up as a good

and sufficient cause -

(a) that such registered person is a member of a trade

union; or

(b) that such registered person no longer enjoys the

employer’s confidence.

(6) A prosecution for a contravention of sub-article (5) shall

not be instituted against any person unless -

(a) the matter has been referred to the Authority;

(b) the Authority, before considering the matter, has

notified such person so as to give him an opportunity

of making, within a period not shorter than seven days

from the sending or giving of the notification to him,

such oral or written representations to the Authority as

he may desire; and

(c) the Authority has made a report to the Corporation.

(7) Where any proceedings are taken under sub-article (5), it

shall not be necessary to prove compliance with the provisions of

the last preceding sub-article but, if the chairperson pleads non-

compliance therewith, a certificate signed by the chairman or by

the deputy chairperson of the Authority to the effect that those

provisions have been complied with shall be sufficient and

conclusive evidence thereof.

(8) This article applies to any person who for the time being

has, or would in accordance with his normal practice have, in his

employment not less than twenty (20) persons.

(1) The quota at any time of a person to whom article 15

applies shall be a number ascertained in accordance with the

following provisions of this article.

(2)

The Minister, after consultation with the Corporation, shall

PERSONS WITH DISABILITY (EMPLOYMENT)

by order specify a standard percentage and may, in like manner,

specify a special percentage, either greater or smaller than the

standard percentage.

(3) A special percentage specified by the Minister under sub-

article (2) shall be made with respect to employment in any trade or

industry, or in any branch or part of any trade or industry, or to

employment with any class of employer, being employment to

which, in the opinion of the Minister, a percentage, other than the

standard percentage, should be assigned owing to its distinctive

characteristics as respects its suitability for persons with disability.

(4) An order specifying a special percentage shall contain such

provisions as may appear to the Minister to be requisite for more

particularly defining for the purposes of this article the trade or

industry, branch or part of a trade or industry, or class of employer,

to employment in which or with whom such percentage is assigned.

(5) The quota at any time of a person to whom article 15

applies shall be the number ascertained by applying to the number

of all the persons at that time in his employment (excluding persons

employed by him in an employment of a class at that time

designated under article 19 and any employee related to him by

consanguinity or affinity up to the third degree) -

(a) so far as they consist of persons employed by him in

an employment other than one to which a special

percentage is at that time assigned, the standard

percentage; and

(b) so far as they consist of persons employed by him in

an employment to which a special percentage is at that

time assigned, that percentage

Provided that, if the number so ascertained includes or

consists of a fraction less than one half, such fraction shall be

disregarded, and, if the number so ascertained includes or consists

of a fraction being one-half or more, the quota shall be the nearest

higher whole number.

(5A) A person who fails to respect the quota referred to in sub-

article (2), as determined in accordance with sub-article (5), shall

be required to make an annual contribution as determined by the

Corporation

Provided that the annual contribution shall be two thousand

and four hundred euro (€2,400) for every person with disability that

should be in his employment, to a maximum of ten thousand euro

(€10,000) for any one person who so fails to respect the quota

Provided further that the maximum amount of ten thousand

euro (€10,000) referred to in the above proviso shall not apply to a

group of companies which is duly registered with the relevant

authorities.

(5B) The Minister may, following consultations with the

Corporation, by means of regulations amend the amounts referred to in

sub-article (5A).

(6)

The Minister may, in consultation with the Corporation, and

PERSONS WITH DISABILITY (EMPLOYMENT)

after application is made in that behalf by any person to whom

article 15 applies, reduce the standard percentage or special

percentage, as the case may be, applicable to him if it is proved that

his quota would be too great having regard to the particular

circumstances in which all or any of the persons employed by him,

are employed, which reduction shall be for a term not greater than

twelve months.

(7) Particular employers, like temporary work agencies,

temporary service contractors, and companies with fluctuating or

seasonal levels of employment, shall be entitled, for quota calculation

purposes, to establish the true size of their workforce by counting a

temporary employee as a fraction of 1 in mathematical proportion to

the number of days actually worked by such employee from 1st

January to the 31st December.

Where any person to whom article 15 applies has in his

employment, or takes into his employment, a registered person

being a severely disabled person as certified by a placement officer,

he shall, for the purposes of complying with the quota applicable to

him, consider each such registered person as two units.

(1) On an application being made in that behalf by any

person to whom article 15 applies, the Minister may grant a permit

for the purposes of sub-article (4) of that article if it appears to him

to be expedient so to do having regard to the nature of the work for

which the applicant desires to take a person or persons into his

employment and the qualifications and the suitability for the work

of any available registered person or registered persons, or if he is

satisfied that there is no such person or an insufficient number of

such persons available therefor.

(2) Any such permit may be made subject to such conditions as

may be specified therein and may be granted as respects the

employment either of one or more persons specified or described

therein or of a specified number of persons.

(3) The Minister shall, before granting or refusing any permit

under the provisions of sub-article (1), refer the application to the

Corporation for their recommendations.

(1) The Minister may, in consultation with the

Corporation, by order designate classes of employment as classes

to which this article is to apply, being classes of employment as

appear to afford specially suitable opportunities for the

employment of persons with disability.

(2) No person shall take into his employment in an employment

of a class designated by an order made under sub-article (1) any

person other than a registered person, or cause or permit a person in

his employment, other than a registered person, to perform in his

service the duties relating to an employment of a class so

designated

Provided that the provisions of this sub-article shall not apply -

(a) to any person who, under his contractual obligations

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ensuing from an agreement of employment entered

into before the 22nd November, 1968, is precluded

from employing therewith;

(b) to any person in possession of a permit issued by the

Minister under the provisions of article 18; or

(c) in respect of any person related to the employer by

consanguinity or affinity up to the third degree.

(1) Every person to whom article 15 applies shall keep a

register showing -

(a) the number and the names of persons employed by

him;

(b) the number and the names of registered persons

employed by him;

(c) such other matter as shall be necessary to show

compliance by the employer with the provisions of this

Act.

(2) Every person who employs any person in an employment of

a class designated under article 19 shall keep such records,

including the name and other particulars relevant to such employee,

as shall be necessary to show compliance by the employer with

sub-article (2) of the said article.

(3) Any person shall, on being so required, produce to the

Corporation any register or records kept in accordance with the

provisions of this article.

(4) The Minister may, by regulations, prescribe the manner in

which the register and the records are to be kept, the matter to be

registered or recorded therein, and the period during which such

register and records are to be preserved.

(1) The Minister may provide, or make arrangements for

the provision by any government department or the Corporation or

otherwise of, facilities for enabling registered persons, who by

reason of the nature or severity of their disability are unlikely

either at any time or for a prolonged period of time to be able

otherwise to obtain employment or to undertake work on their own

account (because they would be unlikely to be able to compete

therein on terms comparable as respects earnings and security with

those enjoyed by persons engaged therein who are not subject to

disability), to obtain employment or to undertake such work under

special conditions, as well as facilities for the training of such

persons for the employment or work in question.

(2) While any person with disability is availing himself of any

of the facilities provided under sub-article (1), such person shall be

under adequate supervision.

(3) The Minister may defray, or contribute towards, expenses

incurred -

(a) in the provision of any facilities as are referred to in

sub-article (1); and

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(b) by persons for whom any such facilities are provided

in travelling to and from the place where they are

employed or work or where training is provided,

and may also to or in respect of such persons, grant such further

assistance, in cash or in kind, as he may from time to time

determine.

(4) Any assistance granted under sub-article (3) shall be

subject to such conditions as the Minister may impose either

generally or in respect of any particular person.

In submitting to any person to whom article 15 applies the

names of registered persons for employment, the Corporation shall

give preference to persons with severe disability as certified by a

placement officer

Provided that nothing in this article shall be deemed to

imply that the employer, in taking into his employment a person

with disability for the purpose of complying with the provisions,

shall be bound to engage a person submitted to him by the

Corporation under this article.

Repealed by XXVI.1995.21.

It shall be the function of the Corporation to advise and

assist the Minister in matters relating to the employment or training

of, or to the undertaking of work on their own account by, persons

with disability, and to perform any functions required to be

performed by the Corporation under this Act; and in particular, but

without prejudice to the generality of the foregoing, to encourage

measures designed to -

(a) afford for persons with disability an equal opportunity

to obtain and keep employment;

(b) promote opportunities for persons with disability to

obtain and keep employment;

(c) overcome, in respect of training or employment,

discrimination against persons with disability on

account of their disability; and

(d) promote the awareness by employers of the residual

abilities and work capacities of persons with disability.

(1) There shall be an official of the Department of Labour

to be styled Disablement Resettlement Officer.

(2) It shall be the duty of such officer to monitor generally the

conditions of employment and the work environment in which

persons with disability are gainfully employed. In carrying out such

duties the Disablement Resettlement Officer shall be expected to -

(a) investigate any complaints he may receive regarding

the conditions of employment under which any person

with disability is employed, taking into account the the

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disability of that person with a disability and his particular

circumstances, and

(b) report to the Director of Labour and the Chief

Executive of the Corporation the results of his

investigations.

(3) In carrying out his investigations the Disablement

Resettlement Officer shall have access to the registration records of

persons with disability and he may seek the advice of placement

officers or any other medical officer as may be appropriate.

(4) A copy of the report of the Disablement Resettlement

Officer shall be sent to the National Employment Authority and to

the person who has submitted the complaint.

(1)An employer who does not employ the number of

persons with disability in accordance with article 16, but who can

prove, to the satisfaction of the Corporation, that he is offering

equivalent hours of work to persons with disability through an in-

service or an outsourced work arrangement or is actually providing

work to a person with disability who is officially employed by

another employer shall be deemed to satisfy the quota referred to in

article 16.

(2) Recruitment efforts, work trials and discussions with

entities towards the employment of persons with disability will not

exonerate an employer from the obligations referred to in article

16. (3) If a person with disability resigns within one year of

employment, that employee shall still be considered for the

purposes of determining the quota for the year in which

employment commenced.

(4) Employees who, on the date of the coming into force of

this Act, are not registered as persons with disability, but who are

medically certified to be within the definition of disability in

accordance with this Act, may be acknowledged by the

Corporation, only for the purposes of an employer ’s quota

calculation

Provided that any such person shall not become eligible for

incentives of any kind until he is certified as Registered Disabled

Persons (RDPs) by a placement officer as prescribed in this Act.

It shall be an offence against the provisions of this Act-

(a) for any person to give any false information for the

purposes of this Act with a view to having his name

entered or retained in the register;

(b) for any person to include, or to cause or knowingly to

allow to be included, in the register or records to be

kept in accordance with the provisions of article 20

any particular which he knows to be false in a material

respect, or to produce or to furnish, or to cause or

knowingly to allow to be produced or furnished, for

purposes connected with this Act, any register, record

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or information which he knows to be false in a

material respect.

The Minister may make regulations defining the extent to

which the provisions of this Act shall apply to part-time

employment.

(1) Where any person commits an offence against any of

the provisions of this Act or of any regulations made thereunder he

shall, on conviction, be liable to a fine (multa) not exceeding two

hundred and thirty-two euro and ninety-four cents (232.94).

(2) Failure to pay the contribution referred to in article 16(5A)

within the time established by the Corporation shall be considered as

an offence under this Act and, upon conviction, a person accused of

failure to pay the contribution shall become liable to the payment of

the contribution and the punishment established in sub- article (1).

(3) Where the offence consists in the failure to produce

registers or records as provided under article 20(3), the offender

shall, in addition to the punishment prescribed under sub-article

(1), be awarded a further penalty of eleven euro and sixty-five cents

(11.65) for each day on which such failure continues unless he

proves to the satisfaction of the court that the failure is due to his

not having kept, or not having preserved, the required registers or

records, as the case may be.

Where an offence against any of the provisions of this Act

or of any regulations made thereunder is c ommitted by an

association of persons, every person who, at the time of the

commission of the offence, was a director, manager, secretary or

other similar officer of such association or was purporting to act in

any such capacity, shall be guilty of that offence unless he proves

that the offence was committed without his knowledge and that he

exercised all due diligence to prevent the commission of the

offence.

Notwithstanding any provisions of any other law,

proceedings in respect of an offence against any of the provisions

of this Act or of any regulations made thereunder may be instituted

at any time within the period of five years from the commission of

the offence.

Any order made by the Minister under this Act shall be

published in the Gazette.