EMPLOYMENT AND TRAINING SERVICES ACT *

EMPLOYMENT AND TRAINING SERVICES

CHAPTER 343

EMPLOYMENT AND TRAINING SERVICES ACT *

To provide for a National Employment Authority, for the establishment of an employment

and training corporation and for the regulation of employment and training services, and for

matters connected therewith or ancillary thereto.

7th August, 1990

5th November, 1990

1st January, 1996

ACT XXVIII of 1990 , as amended by Acts XV of 1995 , XVI of 1997 , II of 2005 , VII of

2006 and XXXII of 2007 ; Legal Notice 424 of 2007 ; and Acts XXIII of 2009 , VII of

2015 and XXVII of 2016 .

.

The short title of this Act is the Employment and Training

Services Act.

[ARTICLE 3]

FORM OF OATH TO BE TAKEN BY MEMBERS OF THE AUTHORITY

I,................................................................ having been appointed to be Member

of the National Employment Authority constituted under the Employment and

Training Services Act, do hereby swear that I will faithfully, fully, impartially and to

the best of my ability discharge the trust and perform the duties devolving upon me

by virtue of the said appointment.

So help me God.

In this Act unless the context otherwise requires -

"Authority" means the National Employment Authority

established by article 3;

"Board" means the Board of the Corporation;

"Corporation" means Jobsplus established by article 5 and, to the

e x t e n t o f t h e a u t h o r i t y g i v e n , i n c l u d e s a n y o ff i c e r o f t h e

Corporation duly authorized by it in that behalf;

"dependants" means individuals wholly or mainly dependant for

their maintenance on an individual and being in relation to such

individual -

(i)

if married - his wife, her husband, his or her

children

or

stepchildren,

his

or

her

grandchildren if the parents are dead;

(ii) if unmarried - his or her children, his or her

father, or his or her mother, his or her unmarried

brothers or sisters;

(iii) if a widower or widow - his or her children or

stepchildren, his or her grandchildren, if their

parents are dead;

"Director" means the Director of Industrial and Employment

Relations and includes any officer of the Department of Industrial

and Employment Relations who is authorized by the Director to act

on his behalf;

"employment agency" or "employment business" means any

activity carried out in Malta for the recruitment of persons for

employment in Malta or outside Malta;

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

31st December of any year

Provided that the financial year which commenced on the 1st

October, 2007 shall be for a period of fifteen months and shall

terminate on the 31st December, 2008;

"Member State" means a member state of the European

Economic Area;

"Minister" means the Minister responsible for labour and

includes, to the extent of the authority given, any person authorised

by the said Minister in that behalf for any purpose of this Act;

"person" includes a body of persons and any body corporate

established by law;

"prescribe" means prescribe by regulations made under this Act;

"Register" means the Register referred to in article 11.

EMPLOYMENT AND TRAINING SERVICES

PART II

T HE N ATIONAL E MPLOYMENT A UTHORITY

(1) The President of Malta shall appoint a National

Employment Authority composed of three independent persons,

two other persons appearing to the President to represent the

interests of employers and two other persons appearing to the

President to represent the interests of employees. In this article

"independent persons" means persons who are neither Government

employees nor officials of any organization representing employers

or employees.

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

Authority.

(3) One of the independent members of the Authority shall be

appointed by the President to be chairman and another deputy

chairman.

(4) Every member of the Authority shall, before entering upon

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

form set out in the Schedule to this Act.

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

of two years and if otherwise qualified may be re-appointed at the

end of his term of office.

(6) The President may determine the remuneration payable to

the members of the Authority.

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

before the expiration of his appointment except by the President

upon a resolution of the House of Representatives praying for such

removal on the ground of proven misbehaviour or inability to

perform the functions of his office

Provided that if the House of Representatives stands

dissolved or prorogued or adjourned for more than fourteen days, it

shall be lawful for the President to suspend any member from his

office on the ground of misbehaviour or inability to perform the

functions of his office, so however, that such suspensions shall not

extend beyond the first three sittings of the House of

Representatives immediately following the date of such

suspensions.

(8) The quorum of the Authority shall be of three members, one

of whom shall be the chairman or the deputy chairman.

(9) Subject to the provisions of subarticle (8), the Authority

shall not be disqualified from the transaction of business on

account of any vacancy among its members.

(10) The Director and/or any person deputed by him shall have

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

EMPLOYMENT AND TRAINING SERVICES

heard on any matter.

(11) The proceedings of the Authority may, if the Authority so

considers expedient, be conducted in camera.

(12) Decisions of the Authority shall be taken by majority of the

votes of the members present. The chairman or, in his absence, the

deputy chairman, shall have only a casting vote.

(13) Subject to the provisions of this Act and of any regulations

made thereunder, the Authority may regulate its own proceedings.

(14) For the purposes of the following articles of the Criminal

Code, that is to say, article 91, articles 115, 119 and 120, articles

124 and 125, article 133 and article 138, the members of the

Authority shall be deemed to be public officers.

(1)

The functions of the Authority shall be

(a) to monitor employment and to investigate and

adjudicate, in such manner as it may determine, any

complaints which any interested party may bring

before it regarding employment and training services

provided by the Corporation;

(b) to hear appeals as provided for in this Act;

(c) to tender advice to the Minister on any matter relating

to the employment or training of workers, either at the

request of the Minister or on its own initiative,

including proposals for regulations for such purposes

or in such circumstances as in the opinion of the

Minister or of the Authority it is necessary or

expedient to make provision by regulation;

(d) to make rules subject to the provisions of this Act

(i) regarding the circumstances under which a

person registered for employment may lose his

priority for referral for employment; and

(ii) providing for special consideration to be given

to determinate classes of applicants being

applicants with dependants, applicants who are

disabled, infirm or incapacitated or applicants

requiring physical or social rehabilitation;

(e) such other functions as are or may be assigned to it by

this Act or any other law.

(2) Where the Authority acts as a tribunal to hear appeals as

provided in paragraph (b) of the foregoing subarticle, the following

provisions shall, without prejudice to the provisions of any

regulations made under article 54, apply

(a) the Authority shall reject any appeal which is not made

in writing within the time specified in the provision of

this Act allowing such appeal;

(b) the chairman of the Authority or in his absence the

EMPLOYMENT AND TRAINING SERVICES

deputy chairman shall have the powers to summon

witnesses and to administer an oath to any witness and

to require him to give evidence or to produce books or

other documents before it;

(c) summons for attendance of witnesses shall be signed

by the chairman or, in his absence, the deputy

chairman, and may be served either personally or by

registered post, and in the latter case, in proving

service, it shall be sufficient to prove that the

summons was properly addressed and posted;

(d) all persons summoned to attend and give evidence at

any sitting of the Authority shall be bound to obey the

summons served on them; and any person refusing or

omitting without sufficient cause to attend at the day,

time and place mentioned in the summons served on

him or to answer, to the best of his knowledge and

belief, all questions put to him by or with the

concurrence of the Authority, or to produce books or

other documents required by the Authority to be

produced before it, shall be guilty of an offence

against this Act

Provided that no person giving evidence before the

Authority shall be compelled to incriminate himself

and every such person shall, in respect of any evidence

given by him before the Authority, be entitled to all the

privileges to which a person giving evidence before a

court of law is entitled in respect of evidence given by

him before such court;

(e) the decisions of the Authority on any appeal made

under this Act shall be final.

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

report of its activities to the Minister who shall lay the same on the

Table of the House of Representatives not later than the sitting first

occurring after thirty days from its receipt.

PART III

J OBSPLUS

(1)

There shall be a Corporation to be known as Jobsplus.

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

legal personality and shall be capable of entering into contracts, of

acquiring, holding and disposing of any property for the purpose of

its functions under this Act, of suing and of being sued, and of

doing all such things and entering into all such transactions as are

incidental or conducive to the exercise or performance of its

functions under this Act.

(1) The affairs and business of the Corporation shall be the

responsibility of and shall be conducted by a board of directors,

which shall be known as "the Board". The legal representation of

EMPLOYMENT AND TRAINING SERVICES

the Corporation shall be vested in the chairman or in any other

director as the Board may by resolution designate. Any such

resolution shall be published in the Gazette as soon as may be after

its approval and shall not have effect until it is so published.

(2) The Board shall consist of such number of directors, being

not less than eight, as the Minister may from time to time appoint.

Three of the members of the Board shall be appointed, after due

consultation with the ministers concerned, from amongst such

persons as best represent the ministries responsible for labour, for

education and for industry. One of the members of the Board shall

be a person with disability.

(3) The chairman of the Board and a deputy chairman shall be

appointed by the Minister from amongst members of the Board.

(4) Where the chairman is absent from Malta or is otherwise

temporarily unable to perform the functions of his office, or where

the post of chairman is temporarily vacant, the deputy chairman

shall act as chairman.

(5) The chairman and the other directors shall be appointed

yearly and shall hold office under such terms and conditions as the

Minister may deem proper; and they shall be eligible for

reappointment.

(6) Subject to the provisions of this Act and to any directions

of the Board, the executive conduct of the Corporation, its

administration and organisation, and the administrative control of

its officers and servants shall be the responsibility of the chief

executive of the Corporation who shall also have such other powers

as may from time to time be delegated to him by the Board. The

chief executive shall have the right to attend and be heard at all

meetings of the Board. He shall not, however, have a vote or be

counted for the purpose of constituting a quorum.

(7) The provisions of article 3(14) shall mutatis mutandis apply

to the Corporation, the chief executive and other employees of the

Corporation.

(1) A person shall not be qualified to be appointed, or to

hold office as a member of the Board if he -

(a) is a member of the House of Representatives; or

(b) is legally incapacitated; or

(c) has been declared bankrupt or has made a composition

or arrangement with his creditors; or

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

theft or fraud or of knowingly receiving property

obtained by theft or fraud.

(2) A member of the Board may be relieved of office by the

Minister on the ground of inability to perform the functions of his

office, whether due to infirmity of mind or of body, or to any other

cause, or on the ground of misbehaviour.

(3) A member of the Board may resign his office by means of a

letter to the Minister.

EMPLOYMENT AND TRAINING SERVICES

(1) The Board shall meet as often as may be necessary or

expedient, but in no case less frequently than once every three

months. Meetings shall be called by the chairman either on his own

initiative or at the request of any two of the other members.

(2) The Board shall not act unless a quorum consisting of not

less than half the number of members is present.

(3) The meetings of the Board shall be chaired by the chairman

or, in his absence, by the deputy chairman.

(4) The decisions of the Board shall be taken by a majority of

the votes of the members present and voting; and in the case of an

equality of votes 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 of this Act, the Board may

regulate its own proceedings.

(1) The Corporation shall have such functions as are set

out in this Act and such other functions as may devolve upon it

under any other law, or as may be assigned to it by the Minister.

(2) The Corporation shall consider any matter relating to the

formulation of an overall national policy for employment and

training, and all matters relating to any of its functions under this

Act, and the Corporation may also advise any department of

Government on such matters.

(3) The Corporation shall afford the Minister the necessary

facilities for obtaining information with respect to the property and

activities of the Corporation, and furnish him with returns,

accounts and other information with respect thereto, and afford him

the necessary facilities for the verification of the information

furnished in such manner and at such time as he may require.

(4) The Minister may, after consultation with the Corporation,

give to the Corporation such directives in writing as he may deem

appropriate, being directives of a general character not inconsistent

with the provisions of this Act and the Corporation shall comply

with such directives.

(5) In carrying out any of its functions under this Act, or in any

other thing or activity, the Corporation shall conform its policies

and activities with the aims and objectives of national economic

planning from time to time in force.

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

exercise its functions under this Act through the agency of other

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

persons.

In relation to employment, the Corporation shall have the

following functions

(a) in general to provide and maintain an employment

EMPLOYMENT AND TRAINING SERVICES

service to assist persons to find suitable employment

and to assist employers to find suitable employees; and

(b) in particular -

(i) to register persons seeking employment in the

Register, taking note of their qualifications,

experience, skills, aptitudes, desires and such

other details as may be deemed necessary or

expedient;

(ii) to interview such persons and evaluate, if

necessary, their physical and vocational

capacity;

(iii) to assist persons seeking employment by

guidance and advice on the choice of

employment, and the training and retraining

which may be necessary;

(iv) to obtain from employers information on

vacancies and on requirements to be met by the

employees they require;

(v) to refer to available employment persons with

suitable skills, aptitudes and physical capacity;

(vi) to collect and analyse information about the

situation of the labour market and probable

changes.

(1) The Corporation shall maintain a Register of persons

seeking employment.

(2) The Register shall consist of such separate parts: Part One,

for the registration of persons who are unemployed; Part Two, for

the registration of persons who, without a good and sufficient

cause, terminate employment or reject an opportunity of

employment or training, or who otherwise refuse or fail to

participate in any employment or training measure or scheme of the

Corporation; Part Three, for persons in gainful occupation who are

seeking alternative employment; such other Part for any category

of persons or purposes as may be prescribed after consultation with

the Corporation.

(3) Subject to such provisions as may from time to time be

otherwise prescribed, for the purpose of determining the length of

registration in one part of the Register, no account shall be taken of

the period of registration in any other part.

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

registered under the appropriate part of the Register.

(1) Subject to the provisions of this Act and to any

regulation made thereunder, the registration of persons seeking

employment shall be made in such manner and shall be subject to

such formalities and conditions as the Corporation may deem fit.

(2) At the time of first registration for employment and at any

time during the period of validity of registration, the Corporation

may require the person seeking employment to furnish information

or produce documents in his possession or control relating to his

EMPLOYMENT AND TRAINING SERVICES

date of birth, previous employment, dependants, experience,

qualifications and other matters relevant to his registration.

(3) If any person fails to provide any information requested

from him under subarticle (2), such person shall forfeit his right to

registration under this article or to referral for employment under

article 13, and shall be notified accordingly in writing.

(4) Any person aggrieved by a decision of the Corporation

under this article may, within fifteen days from the notification of

such decision, appeal to the Authority.

(1) Without prejudice to the other provisions of this Act,

and subject to any regulations made thereunder, in selecting

persons for referral to employers, the Corporation shall be guided

by the following principles, namely

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

experience are required, regard shall be had to -

(i) the employer’s requirements as to former

employment and other factors relevant to the

type of employment offered;

(ii) the length of registration for employment;

(b) where employees with special skill, knowledge,

experience or qualifications are required, regard shall

be had to -

(i) the persons who best satisfy the requirements of

the employer;

(ii) as between persons who are equally considered

to be the best available, length of registration for

employment

Provided that, in referring any person for employment, the

Corporation shall, unless otherwise prescribed, give preference to

persons registered in Part One over those registered in any other

Part of the Register.

(2) When a person who is registered for employment refuses,

without a good and sufficient cause, to avail himself of any suitable

opportunity for employment or training or of any other assistance

or service offered to him by the Corporation, he shall lose his

priority for referral for employment and shall be notified

accordingly in writing.

(3) Any person who, whilst registered in Part One or Part Two

of the Register, is engaged in a gainful occupation or who, without

the prior permission of the Corporation, is engaged in any

occupation consisting in the provision to any person of services

that are normally remunerated, shall forfeit his right to registration

under article 12 or to referral for employment under this article.

(4) Any person who forfeits his right to registration or to

referral under article 12 or this article shall not be entitled to be

registered in Part One or Part Two of the Register or to referral for

employment unless such person proves to the satisfaction of the

EMPLOYMENT AND TRAINING SERVICES

Corporation that after having forfeited such rights as aforesaid he

had been gainfully occupied for a continuous period of six months

and has ceased to be gainfully occupied for reasons that are deemed

to be good and sufficient.

(5) Any person aggrieved by a decision of the Corporation

under this article may, within fifteen days from the notification of

such decision, appeal to the Authority.

(1) In making a request to the Corporation for the referral

of employees, an employer shall specify the skill, experience and

other qualifications, if any, of the employees he requires, the

conditions of employment he offers and the number of persons to

be referred to him for possible employment, so however that the

employer shall have no right to indicate individual persons when

making his request to the Corporation.

(2) In referring persons for employment, the Corporation shall

seek to satisfy the needs of the employer as expeditiously as

possible. The employer shall be entitled to reject any person

submitted by the Corporation.

(1) All employees required by the Government of Malta

from outside its service or by any body corporate or company

referred to in article 110(6) of the Constitution whether these are,

in each case, employed on a contract for a specified time or for an

indefinite period, shall, save as provided in the Constitution and in

subarticles (2) and (3) of this article, be recruited through the

employment service provided by the Corporation.

(2) Where the recruitment of employees by the Government or

any other employer to which subarticle (1) refers is in connection

with the employment of -

(i)

persons required to fill posts, on the basis of a

contract for a definite time requiring a special

trust or posts for which academic or professional

qualifications are necessary; or

(ii) persons engaged from outside Malta,

the Corporation may cause or authorise recruitment, whether

through referral by it or otherwise, under such conditions or in such

manner as the Corporation may deem appropriate

Provided that any employee who is employed by the

Government of Malta or by any body corporate or company

referred to in article 110(6) of the Constitution from amongst

persons who already are public officers or are employees of any

other body corporate or company referred to in article 110(6) of the

Constitution, then such employee shall be deemed to have been

employed through the recruitment service provided by the

Corporation.

(3) Under such circumstances, and in respect of such

vacancies, as may be prescribed, the Corporation shall refer for

employment with any employer as is referred to in subarticle (1), in

preference to any other person, persons who, within the three

EMPLOYMENT AND TRAINING SERVICES

months immediately preceding such referral, have been discharged

as redundant from such employment as may be prescribed.

(4) If upon a request for employees made to the Corporation by

a Government department or any other employer as is referred to in

subarticle (1), the Corporation is unable to submit suitable

applicants, the department or other employer may recruit the

employees required in virtue of such other arrangements as the

Corporation may authorise in any case or class of cases.

(5) A Government department or other employer as is referred

to in subarticle (1), rejecting an applicant submitted by the

Corporation shall specify in writing the reasons for rejection.

Where in any case the Corporation, after due investigation, is

satisfied that the department or employer has rejected an applicant

without just cause, it may order the department or employer

concerned to give employment to the applicant 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

article; or

(b) shows favour to, or uses discrimination against, any

person for employment with any employer referred to

in subarticle (1) on the grounds of race, colour, sex,

creed or on the grounds of his party or other political

beliefs or associations,

shall be guilty of an offence against this Act.

(1) Where the Prime Minister considers that an employee,

of a body or partnership referred to in article 110(6) of the

Constitution who by reason of the reorganisation or restructuring of

any said body or partnership may lose his employment or who has

otherwise become redundant, may be redeployed in the public

sector in another employment with another body or partnership as

above mentioned, he may issue an order which shall order such

redeployment and such order shall have effect and for the purpose

of the said redeployment any employment made by the employment

service provided by the Corporation shall be made in accordance

with the said order.

(2) An order issued under subarticle (1) may include such

terms, conditions, provisions and time limits as the Prime Minister

may consider it appropriate to include for the purpose of regulating

the said redeployment or for the purpose of avoiding any undue

burden, anomaly and hardship upon the employer or upon the

employee or upon other employees of the body or partnership

where the said employee shall have been or shall be about to be

redeployed.

(1) In relation to training, the Corporation shall have the

following functions

(a) to provide training courses or other schemes for the

purpose of assisting persons desiring to fit themselves

EMPLOYMENT AND TRAINING SERVICES

for gainful occupation, or desiring to improve or

update the quality of their knowledge and skills for the

same purpose;

(b) to obtain information from employers regarding the

number, educational level, skills and aptitudes of

persons they may require for employment both in the

short term and in the long term;

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

any other person, for the provision of training courses

or other schemes contemplated by this article.

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

courses or other schemes shall be construed as including a

reference to the making of payments to persons who attend any

such course or scheme, locally or abroad in respect of their

travelling expenses, the provision of residential accommodation

and to the provision of any other facility or service incidental

(1) For the purpose of encouraging adequate training

through courses or other schemes contemplated by article 16, the

Corporation may -

(a) provide or secure the provision of such courses and

other schemes as it may consider adequate, having

regard to any courses or schemes otherwise available;

(b) approve such courses and schemes provided by other

persons;

(c) from time to time consider such employments as

appear to require consideration and publish

recommendations with regard to the nature and length

of the training for any such employment, the further

education to be required with the training, the persons

by and to whom the training ought to be given, the

standards to be attained as a result of the training and

the methods of ascertaining whether those standards

have been attained;

(d) make arrangements for the application of selection

tests and of tests or other methods for ascertaining the

attainment of any standards recommended by it and

may award certificates of the attainment of those

standards;

(e) assist any person in finding facilities for being trained

where it cannot provide such training;

(f) carry on or assist other persons in carrying on research

into any matter relating to training.

(2) The Corporation may enter into contracts of service or of

apprenticeship with any person who intends to attend courses or

avail himself of any other scheme it has provided.

(3)

The Corporation may -

(a) at the request of the Authority provide such other

EMPLOYMENT AND TRAINING SERVICES

advice, and such other courses and schemes for

training, as are mentioned in the request;

(b) at the request of any employer provide advice about

training connected with his activities;

(c) enter into agreements with employers relative to

payments by them to the Corporation in respect of the

exercise by the Corporation of any of its functions.

(4)

The Corporation may -

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

other schemes approved by the Corporation;

(b) pay fees to persons providing further education in

respect of persons who receive it in association with

their training in courses or other schemes provided or

approved by the Corporation;

(c) make payments to persons in connection with

arrangements under which they or their employees

make use of courses or other schemes provided or

approved by the Corporation.

PART IV

A DMINISTRATIVE AND F INANCIAL P ROVISIONS RELATING TO THE

C ORPORATION

(1) Subject to the provisions of the Constitution of Malta

and of any other enactment applicable thereto, including this Act,

the Corporation, acting with the concurrence of the Minister, may

appoint such officials and other employees on such terms and

conditions of employment as the Corporation may, from time to

time, determine.

(2) Public officers seconded for duty with the Corporation shall

be under the administrative authority and control of the

Corporation, but shall for all other intents and purposes remain and

be considered and treated as public officers.

(1) The Corporation shall be endowed with an initial

capital of five hundred and eighty-two thousand and three hundred

and forty-three euro and thirty-five cents (582,343.35) which shall

be paid by the Government out of the Consolidated Fund, without

further appropriation other than 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 articles

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

connection with its function as an employment service for the

purposes of article 110 of the Constitution, nothing in this Act shall

prevent the Corporation from entering into arrangements for

EMPLOYMENT AND TRAINING SERVICES

securing part of its funds from sources other than the public

revenue.

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

financial year, and shall not later than six weeks before the end of

each financial year adopt, estimates of the income and expenditure

of the Corporation for the next following financial year.

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

such information and such comparisons with previous estimates as

the Minister may direct.

(5) The Corporation shall within the same time mentioned in

subarticle (3), make a report of its activities during that year

containing such information relating to the functions and activities

of the Corporation as the Minister may from time to time require.

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

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

forthwith to the Minister.

(7) The Minister shall, at the earliest opportunity and not later

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

the report of the Corporation, or, if at any time the House is not in

session, within four weeks from the beginning of the next following

session, cause such estimates and such report to be laid before the

House together with a motion that the House approve the said

estimates. Not less than one sitting shall be allotted for the debate

in the House on such motion; and both the motion and the approval

of the estimates by the House may be with or without amendment

to the estimates.

(8) No expenditure shall be incurred by the Corporation that

has not been approved by the House

Provided that -

(a) until the expiration of six months from the beginning

of a financial year or until the approval of the

estimates for that year, the Corporation may make or

incur expenditure for carrying out its functions under

this Act not exceeding in the aggregate one half of the

amount approved for the preceding financial year;

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

of the estimates may, with the approval of the Minister,

be incurred in respect of another head or sub-head of

the estimates;

(c) if in respect of any financial year it is found that the

amount approved by the House is not sufficient, or if a

need has arisen for expenditure for a purpose not

provided for in the estimates, the Corporation may

adopt supplementary estimates for approval by the

House and, pending such approval, but subject to its

being given, the Corporation may in special

circumstances and with the approval of the Minister,

incur the relative expenditure; and the provisions of

this Act applicable to the estimates shall, as near as

EMPLOYMENT AND TRAINING SERVICES

practicable, apply to the supplementary estimates

Provided further that in respect of the first financial year of

the Corporation, this article shall apply as if it required the

Corporation to adopt estimates for that year not later than twelve

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

expenditure that may be made or incurred by the Corporation until

the approval of the estimates for that year by the House may not

exceed one half of the amount shown in such estimates.

(9) All estimates and supplementary estimates approved by the

House shall, as soon as practicable, be published in the Gazette.

(1) The Corporation shall cause to be kept proper books of

accounts and other records in respect of its operations and shall

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

financial year.

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

auditor or auditors to be appointed by it and approved by the

Minister

Provided that the Minister responsible for finance may

require the books and other records of the Corporation to be audited

or examined by the Auditor General who shall for this purpose have

power to carry out such physical checking and other verifications,

and may require such information, as he may deem necessary.

(3) After the end of each financial year, at the same time as a

copy of the estimates of the Corporation is forwarded to the

Minister under article 19, the Corporation shall cause a copy of the

statement of accounts duly audited to be transmitted to the Minister

together with a copy of any report made by the auditor or auditors

on that statement or on the accounts of the Corporation.

(4) The Minister shall cause a copy of every such statement and

report to be laid before the House of Representatives together with

the motion laid before the House under article 19.

(1) The Corporation may, with the approval in writing of

the Minister given after consultation with the Minister responsible

for finance, borrow or raise money in such manner, from such

person, body or authority, under such terms and conditions and

against such security as it may deem appropriate, for any one or

more of the following purposes

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

this Act;

(b) any other expenditure properly chargeable to capital

account.

(2) The Corporation may also from time to time borrow, by

way of overdraft or otherwise, for periods not exceeding twelve

months, such sums as it may require for carrying out its functions

under this Act

Provided that for any amount in excess of four hundred and

sixty-five thousand and eight hundred and seventy-four euro and

EMPLOYMENT AND TRAINING SERVICES

sixty-eight cents (465,874.68), there shall be required the approval

of the Minister in writing.

(3) Whenever it may be necessary for the Corporation to

borrow by way of advances from the Government any sums

required by it to carry out any of its functions under this Act, the

Minister responsible for finance may, after consultation with the

M i n i s t e r, b y w a r r a n t u n d e r h i s h a n d a n d w i t h o u t f u r t h e r

appropriation other than this Act, authorise the Accountant General

to make advances to the Corporation either out of the proceeds of

any loan contracted or raised for the purpose or out of the

Consolidated Fund; and such advances shall be made on such terms

and conditions as the Minister responsible for finance may direct.

(4) The Minister responsible for finance may, for any

requirements of the Corporation of a capital nature, contract or

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

and conditions as he may deem appropriate; and any sums due in

respect of or in connection with any such loan or liability shall be a

charge on the Consolidated Fund.

(5) Notice of any loans, liabilities or advances made or

incurred under the foregoing provisions of this article shall be

given by the Minister to the House of Representatives as soon as

practicable.

The Corporation shall be exempt from any liability for the

payment of income tax and duty on documents under any law for

the time being in force.

PART V

E MPLOYMENT A GENCIES

(1) (1) Without prejudice to the provisions of Part III of

this Act, no person shall carry on an employment agency or an

employment business unless

(a) he is the holder of a current licence granted by the

Director authorizing him to carry on such an agency or

business in premises specified in the licence, or

(b) he is the holder of a relevant authorization to conduct

business as an employment agency by a competent

authority in a Member State, and has notified the

Director of his intention to provide or that he is

providing services of an employment agency in Malta

within five working days from the date of the

commencement of this activity

Provided that for the purposes of this article, the term

‘relevant authorisation’ means the authorization to perform the

services of an employment agency issued by a competent authority

of a Member State and it shall be read and construed in terms of the

Services (Internal Market) Act

Provided further that the Director may impose any

necessary requirements on holders of relevant authorizations

referred to in paragraph (b) in terms of the Services (Internal

EMPLOYMENT AND TRAINING SERVICES

Market) Act.

(2) This article shall not apply to the supply of port workers in

accordance with the Port Workers Ordinance, and shall be without

prejudice to the provisions of the Merchant Shipping Act.

(1) Where the Director intends to refuse to grant or

transfer a licence, or to revoke the same, he shall notify the

applicant for, or the holder of, the licence or the person to whom it

is requested that the licence be transferred, of his intention and the

reasons therefor.

(2) A person who receives a notification of the intention of the

Director as is mentioned in subarticle (1) may make written

representations thereon to the Director within thirty days of the

receipt of such notification.

(3) If the Director receives such representations within the time

specified in subarticle (2), he shall consider them and -

(a) if he decides not to proceed with his intentions and

accordingly decides to grant or not to revoke or

transfer the licence, he shall notify the applicant or

holder of his decision;

(b) in any other case, the Director shall notify the

applicant or holder accordingly, and the latter may,

within fifteen days from such notification, appeal to

the Authority.

The Minister may make regulations to secure the proper

conduct of employment agencies and businesses and to protect the

interests of persons availing themselves of the services of such

agencies whether as persons seeking employment or employers,

and such regulations may without prejudice to the generality of the

foregoing in particular make provision -

(a) requiring persons running such agencies and

businesses to keep records as may be prescribed;

(b) prescribing the qualifications required for persons

running such agencies and businesses;

(c) regulating advertising by persons running such

agencies and businesses;

(d) regulating the provision of services by persons running

such agencies and businesses in respect of persons

who seek employment outside Malta.

PART VI

M ANPOWER R ECORDS

(1) The Minister may make regulations under this article

prescribing the registration and recording of gainfully occupied

persons or persons seeking employment whether by means of work

books, identity cards, by means of electronic-related data recording

and recovery systems or other documents. Such regulations may in

particular provide

EMPLOYMENT AND TRAINING SERVICES

(a) for the use of work or identity cards or other

documents for all or any one or more classes of such

persons;

(b) the method of issue and control of such documents;

(c) for the fees to be paid for the issue and replacement

thereof;

(d) for the conditions under which such documents may be

issued;

(e) who the persons responsible for the custody of such

documents may be; and

(f) the particulars to be shown or entered in such

documents or records.

(2) Any such regulations may also provide for such

documentation as may be prescribed for purposes of registrations

for employment or employment training.

(3) The Minister may also make regulations providing for the

restriction of the disclosure of any particulars furnished in

accordance with regulations under this article, or in accordance

with article 27, for prescribing the conditions under which records

of any such particulars may be kept and for requiring such records

to be destroyed after such period as may be prescribed.

(4) The Minister may delegate any power vested in him by this

article to the Corporation.

(1) The Corporation may from time to time require any

person in charge of a school to furnish in such manner as may be

requested and within a reasonable time such particulars as the

Corporation may require with respect to pupils leaving school or

who, while attending school, attain a stated age.

(2) Without prejudice to the generality of the power conferred

in subarticle (1), the particulars which may be required shall

include such particulars, relating to age, sex, ability, educational

attainments and other particulars of the persons to whom they relate

as appear to the Corporation to be necessary or expedient to enable

adequate advice to be given on employment prospects and to

prepare plans for their training pursuant to the provisions of this

Act.

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

under this article shall be guilty of an offence against this Act.

(1) The Corporation may, from time to time, request any

employer or any gainfully occupied person to furnish, within a

reasonable time such information as the Corporation may require in

connection with employment and other occupations.

(2) Any such request may be either general or with respect to a

class or classes of employers, or to a particular employer or

employers, or to a class or classes of gainfully occupied persons.

(3) Where any such request is general or with respect to a class

or classes of employers or to a class or classes of gainfully

EMPLOYMENT AND TRAINING SERVICES

occupied persons, it shall be made by notice published in the

Gazette.

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

under this article shall be guilty of an offence against this Act.

PART VII

A PPRENTICES AND T RAINEES

In this Part, unless the context otherwise requires -

"apprentice" means a person over the age of fifteen years who is

bound by a written agreement to serve an employer for a

determined period with a view to acquiring knowledge, including

theory and practice, of a calling in which the employer is

reciprocally bound to instruct that person and "apprenticeship"

shall be construed accordingly;

"calling" means any skill, trade, craft, or other occupation or

section thereof, designated from time to time by a scheme or by the

Minister by notice in the Gazette;

"conditions of employment" has the same meaning as assigned to

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

"journeyman" means a person who has served his apprenticeship

and has satisfied a Trade Testing Board as to his proficiency in a

calling;

"parent" in addition to its ordinary meaning includes any person

who has the legal care or custody or the care or custody in fact of

another person who has not attained the age of eighteen years;

"prescribed" means prescribed by a scheme or by regulations

under this Part;

"scheme" means a scheme under this Part;

"Trade Testing Board" means a board constituted as in article 40;

"trainee" means a person other than an apprentice, who is not of

compulsory school age and who is receiving training under an

agreement in writing in a calling or part of a calling otherwise than

at a recognised educational establishment, provided that a trainee

may be required to attend a recognised educational establishment

as part of such training and "traineeship" shall be construed

accordingly.

(1) No person may employ an apprentice or trainee

without a written permit from the Corporation which shall specify

the maximum number of apprentices or trainees that may be

employed

Provided that no such permit shall be given under this

article for the employment of apprentices or trainees unless a draft

scheme or agreement which includes provisions respecting the

qualifications, training and conditions of employment of an

apprentice or trainee has been previously drawn up by the person

applying therefor and approved by the Minister on the advice of the

Corporation and unless such a person shows to the satisfaction of

EMPLOYMENT AND TRAINING SERVICES

t h e C o r p o r a t i o n t h a t h i s e s t a b l i s h m e n t o ff e r s r e a s o n a b l e

opportunities for the proper training of the number of apprentices

or trainees proposed to be employed therein.

(2) Any person who contravenes any of the provisions of

subarticle (1) shall be guilty of an offence against this Act.

(1) An employer on engaging an apprentice or trainee

shall enter into a written agreement with him.

(2) If such apprentice or trainee is a minor he shall not so bind

himself except with the consent of his parent, or if there is no

parent, with the consent of the Director.

(3) A minor who binds himself as an apprentice or trainee as

provided in subarticle (2), shall be bound by the agreement

throughout its currency notwithstanding that he may have in the

meantime attained the age of eighteen years.

(1) No agreement of apprenticeship in a calling or

traineeship shall be binding unless and until it has been registered

with the Corporation in accordance with the provisions of this Act.

(2) When registering such agreement, the Corporation shall

ensure that

(a) such agreement complies with the provisions of the

apprenticeship or traineeship scheme applicable to the

trade or calling;

(b) the employer and the apprentice or trainee are fit and

proper persons to enter into such agreement;

(c) the apprentice or trainee has produced to the employer

a medical certificate certifying his capability to

undertake training in the calling;

(d) the apprentice or trainee has the necessary standards of

education prescribed by the scheme.

(3) The Corporation shall keep a Register of Apprentices and a

Register of Trainees and all agreements shall be registered therein.

(4) The date of registration shall not affect the date of

commencement of the agreement, but a refusal 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 herein.

(5) Any party aggrieved by a decision of the Corporation under

this article may within fifteen days from the date of notification in

writing of such decision appeal to the Authority.

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

agreement of apprenticeship or traineeship may, with the consent of

the Corporation, be transferred to another employer.

(2) Subject to the provisions of subarticle (4) no such transfer

shall be complete until it has been registered with the Corporation.

EMPLOYMENT AND TRAINING SERVICES

(3) The Corporation may refuse to register any transfer which,

in its opinion, is not in the interest of the apprentice or trainee.

(4) If any person is engaged as an apprentice or trainee by a

partnership, his agreement shall not be terminated by reason of the

death or retirement of any partner, if the business of the partnership

is continued by another person or partnership; and the rights and

obligations of the employer under the agreement shall be deemed to

be transferred to the person or partnership continuing the business.

(1) Subject to the provisions of articles 35 and 41, an

agreement of apprenticeship or traineeship may only be rescinded

by the Corporation at the written request of the parties thereto on

proof of good and sufficient cause.

(2) An appeal from a decision of the Corporation under this

article may be made to the Authority within fifteen days from the

notification in writing of the decision.

(1) The first three months of an agreement of

apprenticeship or traineeship shall be a period of probation during

which the agreement may be terminated by either party on three

days notice in writing being given, and any agreement to the

contrary, whether expressed or implied, shall be null and void

without however affecting the validity of any other part of the

agreement of which it forms part.

(2) No apprentice or trainee who has completed his

probationary period shall attend to any selective interviews, test or

examination and no person may interview, test or examine any such

apprentice or trainee, with a view of alternative employment,

unless such apprentice or trainee has been so authorised by his

employer and the Corporation has given its approval; and any

person acting in contravention of any of the provisions of this

subarticle shall be guilty of an offence against this Act.

(1) Every employer upon whom an agreement of

apprenticeship or traineeship is binding, shall at all times keep in

respect of every apprentice or trainee such records as may be

prescribed.

(2) Every person who is or has been an employer referred to

above shall retain any record made in terms of the preceding

subarticle for a period of three years subsequent to the date of the

record, and shall on demand by the Corporation made at any time

during the said period of three years produce the said records for

inspection.

(3) Any person acting in contravention of any of the foregoing

provisions of this article, or failing to comply with any demand

made thereunder, shall be guilty of an offence against this Act.

(1) The Minister may, after consulting the Corporation, by

regulations under this Part make a scheme or schemes for

regulating the conditions of employment and training of

apprentices and trainees. Every such scheme may in particular

prescribe

EMPLOYMENT AND TRAINING SERVICES

(a) the qualifications, including age and educational

standard, required for apprentices or for trainees;

(b) the period of apprenticeship or traineeship, the

variations in such period which may be allowed, and

the circumstances under which those variations may be

allowed;

(c) the rates according to which apprentices and trainees

shall be remunerated, the circumstances under which

those rates may be reduced or shall be increased, and

the extent of the reduction or increase

Provided that no rate based upon the quantity of

work done shall be prescribed except in the last year of

apprenticeship or traineeship;

(d) the classes of instruction which apprentices or trainees

shall attend and the number of hours per week,

whether within or outside their ordinary working

hours, and the period during which they shall attend

such classes;

(e) the practical training which employers shall provide

for apprentices and trainees in their employ;

(f) the proficiency tests or examinations which

apprentices or trainees shall undergo from time to

time;

(g) the maximum number of ordinary working hours

which apprentices or trainees may be required or

permitted to work during any week or on any day, and

the days on which, the hours on any day before or after

which and the intervals during which no apprentice or

trainee may be required or permitted to work;

(h) the maximum period of overtime which apprentices or

trainees may be required or permitted to work during

any specified period, and the rates according to which

they shall be remunerated in respect of overtime;

(i) the number of paid holidays to be allowed to

apprentices or trainees during any year of

apprenticeship or traineeship and the rates according

to which they shall be remunerated in respect of such

holidays;

(j) the circumstances under which an employer shall pay

additional remuneration to any apprentice or trainee in

his employment and the amount of the additional

remuneration or the manner in which it shall be

calculated;

(k) the remuneration and the other conditions of

apprenticeship or traineeship in respect of any period

during which an apprentice or trainee is unable by

reason of any condition of apprenticeship or

traineeship or other specified circumstance to render

service to his employer during ordinary working

hours.

EMPLOYMENT AND TRAINING SERVICES

(2) A scheme may provide for the making of orders for giving

effect to the purpose of the scheme.

(3) A scheme may be amended or revoked by a subsequent

scheme or by an order made by the Minister, after consultation with

the Corporation.

(4) Different conditions of apprenticeship or traineeship may

be prescribed under subarticle (1) in respect of different classes of

employers or apprentices or trainees, and different designated

callings, and in prescribing such different conditions the Minister

may apply any method of differentiation he may deem advisable.

(5) The Minister may, in any scheme published under

subarticle (1) provide that the conditions of apprenticeship or

traineeship therein prescribed or such of the said conditions as may

be specified therein shall, as from a date so specified, apply in

respect of apprentices or trainees who have entered into an

agreement of apprenticeship or traineeship upon or after the date on

which the calling concerned was designated and before the date

upon which the said conditions come into operation, and no such

agreement shall cease to be binding upon the parties thereto by

reason of the fact that as a result of the scheme, the conditions of

apprenticeship or traineeship applicable in respect of those

apprentices or trainees have changed.

(1) The Corporation shall have power to make such

inspection and enquiry as may be necessary for the purpose of

ascertaining that apprentices and trainees are receiving adequate

training.

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

trainee is not receiving adequate training, the Corporation may

order the employer of the apprentice or trainee to take such action,

specified in the order, as the Corporation deems necessary to ensure

that the apprentice or trainee will receive adequate training, and

may withdraw or vary any such order.

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

provisions of any scheme applicable in the case, specify the classes

of work on which the apprentice or trainee is to be trained, the

periods during which, the intervals at which or the dates between

which he shall be so trained, the conditions relating to supervision,

the method or place of work, and any other matters or conditions

relating to the training of the apprentice or trainee.

(1) The Corporation may, on an application from the

employer, authorise in writing, for such period and subject to such

conditions as it may determine, the loan of the services of an

apprentice or trainee to another employer, if in its opinion it is in

the interest of the apprentice or trainee to do so.

(2) No loan of the services of an apprentice or trainee to

another employer authorized under subarticle (1) shall release the

person who is the employer in terms of the agreement of

apprenticeship or traineeship from any obligation under the

agreement.

EMPLOYMENT AND TRAINING SERVICES

(1) The Minister may, in consultation with the

Corporation, appoint such Trade Testing Boards as he may deem

necessary for the purpose of conducting the examination of

apprentices or trainees designed to ascertain their proficiency or

competence in a calling.

(2) The Corporation shall issue to each apprentice or trainee

who has completed his term of apprenticeship or traineeship a

journeyman’s certificate or a certificate of competence as the case

may be, if the apprentice or trainee has satisfied a Trade Testing

Board that he has attained the required standard of proficiency or

competence

Provided that the Corporation may with the concurrence of

the Minister issue such certificates without reference to a Trade

Testing Board if it is satisfied that suitable arrangements exist

within any industry or undertaking, whether belonging to

Government or not, for the assessment of apprentices or trainees as

regards attainment of the required standard of proficiency or

competence in the particular calling.

The Minister responsible for education may, in

consultation with the Corporation, make regulations for the setting

up of standards of proficiency or competence in the various callings

and the certification of persons who shall have obtained such

standards.

(1) If any difference arises between an employer and an

apprentice or trainee, or if it appears to the Corporation that either

the employer or the apprentice or trainee is unable to fulfil any of

the conditions of the agreement of apprenticeship or traineeship, or

if either fails to observe the convenants thereof or if either is

convicted of a serious criminal offence, the Corporation shall, at

the request of either party or both, or of its own motion, consider

all the circumstances of the case and it shall have power to

determine all matters relative thereto including the cancellation of

the agreement or the transfer of the apprentice or trainee. An appeal

from any such decision of the Corporation may be made within

fifteen days from the notification of 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 employer shall be entitled as from the

date of reporting the circumstances to the Corporation, to suspend

the apprentice or trainee from work without pay, saving the right of

the apprentice or trainee to full reinstatement with back-pay if the

final decision is in his favour.

(1) No person shall, directly or indirectly, require or

permit any person, other than the Government or the Corporation,

to pay or give any consideration in order to employ an apprentice or

trainee in a calling or receive any such consideration from any

person other than the Government or the Corporation; and any

person acting in contravention of the foregoing provisions of this

subarticle shall be guilty of an offence against this Act.

(2)

Any person who has, in contravention of the provisions of

EMPLOYMENT AND TRAINING SERVICES

subarticle (1), paid or given any such consideration, may recover

the same in a court of law and any court, before which any person

is proved to have committed a contravention of the said subarticle,

may on proof of the amount improperly received, order such

person, to refund the same and any such order shall be of the same

force and effect and be executable in the same manner as if it had

been given in a civil action duly instituted in that court between

such person and the person who paid or gave the consideration

Provided that any such claim for the refund of the money

improperly received shall be barred by the lapse of two years from

the termination of the apprenticeship or traineeship.

(1) The Minister may, in consultation

with

the

Corporation, make regulations prescribing -

(a) the certificates, in respect of birth and educational

standard, which may be demanded and medical

examination which may be required in connection with

the registration of an agreement of apprenticeship or

traineeship, the forms on which such an agreement and

medical certification of apprentices and trainees is to

be made;

(b) the nature of returns which employers may from time

to time be required to furnish and the period within

which those returns shall be so furnished;

(c) the circumstances and manner in which any

amendment may be made in an agreement of

apprenticeship or traineeship;

(d) all matters which by this Part are required or permitted

to be prescribed;

(e) generally all matters which he considers necessary or

expedient to prescribe in order that the purposes of this

Part may be achieved.

(2) Different regulations may be made under subarticle (1) in

respect of different classes of employers or apprentices or trainees

and of different callings, and in making such regulations the

Minister may apply any method of differentiation he may deem

Nothing contained in this Act shall affect -

(a) any right which an apprentice or trainee may have to

institute civil proceedings against his employer in

respect of any contravention of or failure to comply

with any provision of an agreement of apprenticeship

or traineeship or any condition thereof;

(b) any right which an employer may have to institute

civil proceedings against an apprentice or trainee in

respect of any contravention of or failure to comply

with the provisions of the agreement of apprenticeship

or traineeship or any condition thereof.

EMPLOYMENT AND TRAINING SERVICES

PART VIII

E NFORCEMENT , O FFENCES AND P ENALTIES

(1) The Minister may designate in writing specified

officers of the department of labour or of the Corporation or any

other person to be inspectors for the purposes of this Act.

(2) Inspectors under this Act shall have such functions and

duties as may be prescribed.

(3)

Inspectors designated as aforesaid shall be empowered -

(a) to enter freely and without previous notice at all

reasonable times any premises or place liable to

inspection under this Act;

(b) to carry out in any such premises or place any

examination, test or inquiry which they may consider

necessary in order to satisfy themselves that the

provisions of this Act or of any regulations or orders

thereunder as well as any recognised conditions of

employment are being observed, and in particular -

(i) to interrogate, alone or in the presence of

witnesses, the employer or the employees or the

apprentices or trainees on any of the said

matters;

(ii) to require the production of any books, registers

or other documents the keeping of which is

prescribed by this Act or by any order issued

under this Act and to copy such documents or

make extracts therefrom.

(4) On the occasion of an inspection visit, an inspector shall

notify the employer or his representative of his presence, unless he

considers that such a notification may be prejudicial to the

performance of his duties.

(5) The premises and places liable to inspection under this Act

are any premises or places in respect of which any provisions of

this Act or of any regulation or order thereunder or any recognised

conditions of employment apply or any premises or places in

respect of which an inspector has reasonable cause to believe that

this Act or any regulations or orders thereunder or any recognised

conditions of employment apply.

(1) No person shall improperly influence or attempt to

influence directly or indirectly on behalf of himself or on behalf of

any other person, the Authority, the Corporation or their members

or directors, or persons employed by them, in the exercise of their

functions under this Act.

(2) Any person who contravenes any of the foregoing

provisions of this article shall be guilty of an offence against this

Act.

EMPLOYMENT AND TRAINING SERVICES

Any person who, in connection with any matter under this

Act -

(a) furnishes any information which he knows to be false

in a material particular, or recklessly furnishes any

information which is false in a material particular; or

(b) with intent to deceive produces, furnishes, sends or

otherwise makes use of any document which is false in

a material particular; or

(c) wilfully refuses or without lawful excuse (the proof

whereof shall lie on him) withholds any material

information,

s h a l l b e g u i l t y o f a n o ff e n c e a g a i n s t t h i s A c t a n d s h a l l o n

conviction be liable, to a fine (multa) of not less than one hundred

and sixteen euro and forty-seven cents (116.47) but not exceeding

one thousand and one hundred and sixty-four euro and sixty-nine

cents (1,164.69), or to imprisonment for a period not exceeding one

year, or to both such fine and imprisonment.

(1) Any person who -

(a) contravenes or fails to comply with any provision of

an agreement of apprenticeship or traineeship or any

provision of a scheme which is binding upon him; or

(b) contravenes or fails to comply with the provisions of

article 30, article 35(2), article 36, article 43(1); or

(c) knowingly or recklessly makes any incorrect statement

or entry in any record or return kept or furnished under

this Part or any regulations made thereunder; or

(d) refuses or fails to answer to the best of his knowledge

any question which the Director or his representative,

an officer of the Corporation or an inspector has put to

him in the exercise of his functions under this Part; or

(e) refuses or fails to comply with any requirements duly

provided for under this Act; or

(f) hinders the Corporation or the Director or their

representatives or an inspector in the performance of

their functions under this Act,

shall be guilty of an offence against this Act.

(2) Where any contravention against Part VII of this Act or

any regulations made thereunder is committed by a person who is

under the authority, control or charge of another person, liability

therefor shall be contracted not only by the person committing the

contravention but also by such other person if the contravention

could have been prevented by the exercise of diligence on the part

of such other person.

Any person guilty of an offence against this Act under

article 15 or article 47 thereof shall be liable, on conviction, to a

fine (multa) of not less than one thousand and one hundred and

sixty-four euro and sixty-nine cents (1,164.69) but not exceeding

eleven thousand and six hundred and forty-six euro and eighty-

EMPLOYMENT AND TRAINING SERVICES

seven cents (11,646.87).

(1) Any person guilty of an offence against this Act or

who fails to comply with any of the provisions of any regulations or

orders made thereunder, shall, unless a particular penalty is

provided therefor in this Act or in any such regulation or order, be

liable, on conviction, to a fine (multa) of not less than forty-six

euro and fifty-nine cents (46.59) and not more than nine hundred

and thirty-one euro and seventy-five cents (931.75).

(2) No proceedings shall be taken against any person for any

offence against this Act other than an offence against articles 15

and 47 thereof, where such person, having received an intimation

by the Director for the payment of a penalty of thirty-four euro and

ninety-four cents (34.94) for having contravened the provisions

a f o r e s a i d o f t h i s Ac t o r o f a n y re g u l a t i o n s o r o r d e r s m a d e

thereunder, complies with such provisions and pays such penalty to

the Director in either case within fifteen days from the receipt by

him of such intimation.

The punishments provided in this Act shall apply unless

the fact constitutes a more serious offence under the Criminal Code

or any other law, in which case such Code or other law shall apply.

Notwithstanding any other law, proceedings for an offence

under this Act may be commenced at any time within six years

from the commission of the offence.

PART IX

M ISCELLANEOUS

(1) The Minister may make regulations generally for

giving effect to the provisions of this Act, and the enforcement

thereof, and in particular, but without prejudice to the generality of

the foregoing -

(a) for providing for any matter which is required or

authorised by this Act to be prescribed;

(b) for prescribing the powers and procedures of the

Authority in the hearing and disposal of appeals under

this Act.

(2) The powers of the Minister to make regulations under any

of the provisions of this Act shall include the power to establish the

punishments in respect of any violation or contravention thereof, or

failure to comply therewith

Provided that such punishments shall not exceed a fine (multa) of

two thousand and three hundred and twenty-nine euro and thirty-

seven cents (2,329.37) or imprisonment exceeding three months.

(1) A director, officer, employee, agent or consultant of

the Corporation who is in any way directly or indirectly interested

in any contract made or proposed to be made by the Corporation or

in any activity or service to be provided for or by the Corporation,

shall as soon as possible after the relevant circumstances shall have

come to his knowledge, disclose the nature of his interest to the

EMPLOYMENT AND TRAINING SERVICES

Board of the Corporation.

(2) Any disclosure made under subarticle (1) by a director shall

be recorded in the minutes of the meeting at which it is made, and

the director -

(a) shall, after the disclosure, withdraw from the meeting

while that matter is being discussed or decided by the

Board; and

(b) shall be disregarded for the purpose of constituting a

quorum of the Board for any such discussion or

decision.

(3) The Corporation shall without delay inform the Minister of

any disclosure made under this article.

(1) Until such time as they are revoked, repealed or

replaced, any scheme made, permit or exemption granted, any

agreement entered into and any regulation or order made, under or

in virtue of the Employment Service Act * and the Industrial

Training Act * shall continue in force and shall be deemed to have

been made under and in virtue of this Act.

(2) The provision of the Employment Service Act * relating to

the Auxiliary Workers and Training Scheme, and to workers

engaged therein, shall continue to apply until such time as the

Minister may by order determine.

(3) Any person registered for employment under the

Employment Service Act * shall continue to enjoy the same priority

for referral for employment under this Act, to which he was entitled

immediately before the coming into force of this Act.

*Repealed by this Act; but see Legal Notices Nos. 124 and 175 of 1990, and 126 of

1995. EMPLOYMENT AND TRAINING SERVICES