WORK-BASED LEARNING AND APPRENTICESHIP ACT

AND APPRENTICESHIP

CHAPTER 576

WORK-BASED LEARNING AND

APPRENTICESHIP ACT

AN ACT to regulate Work-Based Learning and Apprenticeships within

the context of a Vocational Educational and Training Programme.

6th March, 2018

ACT III of 2018, as amended by Acts II of 2020 and XXXIII of 2024.

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

and Apprenticeship Act.

(Article 2)

Work-Placements, Apprenticeships and Internships

Work-Placement

Allocation of a learner with a registered sponsor to gain basic

work experience and skills.

Work-placements lead to a vocational qualification or an award

at Malta Qualifications Framework Level 1 to Level 4 or

similar.

The learner is linked to the sponsor with a training agreement

for work-placements compiled by the VET provider and the

sponsor.

The learner may or may not receive remuneration for the work-

based learning portion of the work-placement.

ECVET credits or similar are allocated by a VET provider for

learning outcomes achieved during the work period and

assessed as part of the work-placement programme.

Training programmes at these levels may also take the form of

Apprenticeships as described in this Act.

Apprenticeship

Allocation of an apprentice in a joint programme of school-

based learning at an accredited VET provider and work-based

learning with a registered sponsor.

Apprenticeships lead to a recognised vocational qualification

or award at Malta Qualifications Framework Level 3 and Level

4 or similar.

The apprentice is linked to the sponsor with a training

agreement for apprenticeships compiled by the VET provider

and the sponsor.

The apprentice receives remuneration for the work-based

learning portion of the apprenticeship.

ECVET credits or similar are allocated by a VET provider for

learning outcomes achieved during the work period and

assessed as part of the apprenticeship programme.

AND APPRENTICESHIP

Internship

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

learning at an accredited VET provider, and work-based

learning with a registered sponsor.

Internships lead to a recognised vocational or professional

qualification or award at Malta Qualifications Framework

Level 5 and above or similar.

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

internships compiled by the VET provider and the sponsor.

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

based learning portion of the internship.

ECVET and ECTS credits or similar are allocated by a VET

provider to learning outcomes achieved during the work period

and assessed as part of the internship programme.

Training programmes at these levels may also take the form of

apprenticeships as described in this Act.

AND APPRENTICESHIP

In this Act unless the context otherwise requires

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

determined as the academic year by VET providers;

"apprentices" means learners engaged in training programmes

for apprenticeships in accordance with this Act;

"apprenticeships" means the programme in which apprentices

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

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

sponsor, leading to a recognised vocational qualification or award as

outlined in Schedule 1;

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

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

the specific Malta Qualifications Framework Level or of international

qualification structures recognized by industry to be considered as a

qualification;

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

Education Act;

"conditions of employment" has the same meaning as assigned

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

"European Credit System for Vocational Education and

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

knowledge and skills acquired in different systems and countries, to

be validated, recognized and aggregated to count towards

qualifications or awards;

"European Credit Transfer and Accumulation System (ECTS)"

means the standard mechanism for comparing the study attainment

and performance of students of higher education across the European

Union and other collaborating European countries;

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"European Qualifications Framework" means the translation

tool that helps communication and comparison between

qualifications systems in Europe regarding learning outcomes;

"European Quality Assurance Reference Framework" means

the tool to recognise qualifications and awards received by learners

across different countries or learning environments, thereby

promoting modernisation, mutual trust and mobility in vocational

education and training;

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

31 December of any year;

"Government" means the Government of Malta;

"interns" means learners engaged in training programmes for

internships in accordance with this Act;

"internships” means interns who are engaged in a joint

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

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

recognised vocational or professional qualification or award as

outlined in Schedule 1;

"learning outcomes" means the knowledge, skills, behaviours

and attitudes required to develop the vocational competences

necessary to carry out a skilled and technical occupation;

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

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

trainers if more than one trainer is designated to the learner during the

work-based learning period of a training programme;

"Malta Qualifications Framework" means the framework for

lifelong learning and has the same meaning assigned to it under the

Further and Higher Education Act;

"Minister" means the Minister responsible for education or

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

authority, any person who is specifically authorised by the Minister

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

accordingly;

"National Commission for Further and Higher Education" is

the authority that accredits Vocational Education and Training

Providers and their programmes as established by virtue of article 64

of the Education Act; *

*The National Commission for Further and Higher Education has been superseded by

the Malta Further and Higher Education Authority - see article 3(1) of the Further and

Higher Education Act

AND APPRENTICESHIP

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

National Commission for Further and Higher Education as stipulated

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

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

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

attained the age of eighteen years;

"qualification" means the attainment of a level of knowledge

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

activity and must meet the conditions of the Malta Qualifications

Framework, or of international qualification structures recognized by

industry;

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

attend a period of instruction within a vocational education and

training environment within post compulsory education setting as

part of a training programme;

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

or other occupation or section thereof required to develop the

national work force;

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

completion of a training programme indicating the level of

competence attained in a recognised occupation;

"sponsors" means the organisations or individuals which are

approved by VET providers to deliver the work-based learning

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

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

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

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

the Malta Qualifications Framework or of international qualification

structures recognized by industry;

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

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

based learning period of a training programme;

"training agreement" means the agreement entered into by the

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

programme;

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

which presents a systematic report of activities conducted during the

periods of work-based learning in accordance to the vocational

competences and, or the programme learning outcomes;

"training

programme"

means

an

accredited

learning

AND APPRENTICESHIP

programme for post-compulsory education, administered by a VET

provider based on learning outcomes which shall address the needs of

one or more skills and technical occupation by combining systematic,

structured alternating periods of work-based learning delivered by the

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

"training programme plan" means the definition of the specific

requirements of a training programme set by the VET provider,

which provides detailed information on learning outcomes, duration,

timetables, examinations, credits, certification, equivalence and

recognition;

"training programme vacancies" means the apprenticeship

vacancies offered by sponsoring entities, as part of the training

programme plan in relation to the development of vocational

competences;

"VET provider" means an individual or body corporate which

acts as the administrator of work placements, apprenticeships and

internships there by providing vocational educational programmes at

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

National Commission * for Further and Higher Education in accordance

with the Education Act, or approved by international qualification

structures recognized by industry;

"vocational competences" are the knowledge, skills,

behaviours and attitude required to carry out a skilled and technical

occupation, and conform to the occupational standards;

"Vocational Education and Training (VET)" means education

and training which aims to equip learners with vocational education,

knowledge, skills and competences required for specific occupations;

"work-based learning" means an educational approach that

provides students with work experiences where they can apply

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

period during which learners attend a period of instruction and

training within an industrial, commercial or service workplace as part

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

"work placements” means the engagement of learners with a

registered sponsor to gain basic work experience and skills leading to

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

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

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

*The National Commission for Further and Higher Education has been superseded by

the Malta Further and Higher Education Authority - see article 3(1) of the Further and

Higher Education Act

AND APPRENTICESHIP

(Article 16)

Training Programmes

A.

Training Agreements for Work-Placements

(1) Work placement with a registered sponsor which enables

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

vocational qualification or award may be either remunerated or not;

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

remunerated shall under pain of nullity contain the following

conditions

(a)

identification of the recognised skilled and

technical occupation for which the work-based learning is

conducted;

(b)

identification of the VET provider who is acting

as the overseer of the training programme;

(c)

identification of the sponsor and the lead trainer

within the organisation who would act as the lead trainer for

the learner throughout the training programme;

(d)

start, end date, duration, and the specific hours

of the work-based component of the training programme;

(e)

training programme plan issued by the VET

provider in accordance with the provisions of this Act;

(f)

indication of the premises for the work-based

learning.

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

remunerated shall under pain of nullity contain the following

conditions

(a)

identification of the recognised skilled and

technical occupation for which the training programme is

conducted;

(b)

identification of the VET provider that is acting

as the overseer of the training programme;

(c)

identification of the sponsor and the lead trainer

within the organisation throughout the training programme;

(d)

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

AND APPRENTICESHIP

based period;

(e)

activities taking place outside the training

premises;

(f)

hours of work-based learning;

(g)

hours of unpaid observations period;

(h)

probationary period;

(i)

payment of wage and the rate to be applied;

(j)

payment of maintenance grant and the rate to be

applied;

(k)

payment of overtime and the rate to be applied;

(l)

payment of bonuses;

(m)

payment of national insurance for the purpose of

social security, and any other insurance;

(n)

time off allocated for the purpose of school-

based learning, including assessment with the VET provider;

(o)

holiday leave and sick leave in accordance to

national legislation;

(p)

conditions under which the training agreement

may be terminated;

(q)

reference to collective agreements, plant

agreements or service agreements applicable to the training

relationship and indications where the documents can be

accessed;

(r)

training programme plan issued by the VET

provider in accordance with the provisions of this Act;

(s)

location of the premises where the work-based

learning shall be provided;

(t)

identification of the sponsor and the lead trainer

responsible for the apprentice.

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

still be regulated in terms of the Young Persons (Employment)

Regulations throughout the training period.

(5)

During the VET providers’ Christmas, Easter and

AND APPRENTICESHIP

summer breaks, learners may attend the work-based learning

component of the training programme as agreed with the sponsor in

the training programme plan.

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

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

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

benefits.

B.

Training Agreements for Apprenticeship

(1) A training relationship shall be established upon the

signing of the training agreement between the VET provider, sponsor

and the apprentice.

(2) Several natural persons or legal entities may cooperate

within the framework of a collaborative training venture to discharge

the contractual obligations of the sponsor as long as responsibility for

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

ensured.

(3) Apprentices shall be regulated in terms of the

Employment and Industrial Relations Act, the Young Persons

(Employment) Regulations, if applicable, and the Social Security Act

with regards and not limited to

(a)

probation period;

(b)

work-based learning hours;

(c)

overtime;

(d)

cost of living increases;

(e)

health and safety at work;

(f)

vacation leave and sick leave;

(g)

maternity leave, parental leave and leave for

urgent family reasons;

(h)

public holidays falling on weekly day of rest;

(i)

wages to be paid at regular intervals;

(j)

payment of statutory bonuses;

(k)

rights to social security benefits;

(l)

hours a learner spends with the sponsor shall be

AND APPRENTICESHIP

considered as the hours spent on the work-based learning

component of the training programme as defined in the

training programme plan.

(4) The training agreement shall also establish the

apprentice’s eligibility to work overtime provided that the sponsor

has obtained the necessary written consent from the VET provider.

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

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

assessment periods upon presentation of official timetables from the

VET provider.

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

summer breaks, learners are to attend the work-based learning

component of the training programme as agreed with the sponsor in

the training programme plan, and subject to the minimum hours

required for the work-based learning component as required by this

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

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

part of the training programme.

(8) Learners shall be remunerated by the stipulated income

for up to a maximum of six weeks if they are

(a)

available for the programme, but work-based

learning and training is not provided;

(b)

prevented for any other personal reason beyond

their control from discharging their obligations under the

training agreement.

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

contain the following

(a)

identification of the recognised skilled and

technical occupation for which the training programme is

conducted;

(b)

identification of the VET provider that is acting

as the overseer of the training programme;

(c)

identification of the sponsor and the lead trainer

within the organisation throughout the training programme;

(d)

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

based period;

AND APPRENTICESHIP

(e)

activities taking place outside the training

premises;

(f)

hours of work-based learning;

(g)

hours of unpaid observations period;

(h)

probationary period;

(i)

payment of wage and the rate to be applied;

(j)

payment of maintenance grant and the rate to be

applied;

(k)

payment of overtime and the rate to be applied;

(l)

payment of bonuses;

(m)

payment of national insurance for the purpose of

social security, and any other insurance;

(n)

time off allocated for the purpose of school-

based learning, including assessment with the VET provider;

(o)

holiday leave and sick leave in accordance to

national legislation;

(p)

conditions under which the training agreement

may be terminated;

(q)

reference to collective agreements, plant

agreements or service agreements applicable to the training

relationship and indications where the documents can be

accessed;

(r)

training programme plan issued by the VET

provider in accordance with the provisions of this Act;

(s)

location of the premises where the work-based

learning shall be provided;

(t)

identification of the sponsor and the lead trainer

responsible for the apprentice.

(10) A training agreement regulating apprenticeship shall be

null and void if it

(a)

obliges learners to pay for their training

programme;

(b)

imposes penalties on the learner other than

AND APPRENTICESHIP

penalties regulated by the Employment and Industrial

Relations Act;

(c)

excludes or limits claims to compensation for

damages, and, or determines the rate of compensation for

damages as a lump sum.

(11) Learners on a training programme of apprenticeship

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

not limited to, disability and single parent benefits.

C.

Training Agreement for Internships

(1) A training agreement for internships shall be concluded

before the commencement of a training programme and shall be

signed by the VET provider, sponsor and the intern.

(2) Internship

may

be

either

remunerated

or

not

remunerated.

(3) A training agreement for internships that are not

remunerated shall, under pain of nullity, contain the following

conditions

(a)

identification of the recognised skilled and

technical occupation for which the work-based learning is

conducted;

(b)

identification of the VET provider who is acting

as the overseer of the training programme;

(c)

identification of the sponsor and the lead trainer

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

learner throughout the training programme;

(d)

start, end date, duration, and the specific hours

of the work-based component of the training programme;

(e)

training programme plan issued by the VET

provider in accordance with the provisions of this Act;

(f)

indication of the premises for the work-based

learning.

(4) A training agreement for internships that are

remunerated shall, under pain of nullity, contain the following

conditions

(a)

identification of the recognised skilled and

technical occupation for which the training programme is

conducted;

AND APPRENTICESHIP

(b)

identification of the VET provider that is acting

as the overseer of the training programme;

(c)

identification of the sponsor and the lead trainer

within the organisation throughout the training programme;

(d)

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

based period;

(e)

activities taking place outside the training

premises;

(f)

hours of work-based learning;

(g)

hours of unpaid observations period;

(h)

probationary period;

(i)

payment of wage and the rate to be applied;

(j)

payment of maintenance grant and the rate to be

applied;

(k)

payment of overtime and the rate to be applied;

(l)

payment of bonuses;

(m)

payment of national insurance for the purpose of

social security, and any other insurance;

(n)

time off allocated for the purpose of school-

based learning, including assessment with the VET provider;

(o)

holiday leave and sick leave in accordance to

national legislation;

(p)

conditions under which the training agreement

may be terminated;

(q)

reference to collective agreements, plant

agreements or service agreements applicable to the training

relationship and indications where the documents can be

accessed;

(r)

training programme plan issued by the VET

provider in accordance with the provisions of this Act;

(s)

location of the premises where the work-based

learning shall be provided;

(t)

identification of the sponsor and the lead trainer

AND APPRENTICESHIP

responsible for the apprentice.

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

still be regulated in terms of the Young Persons (Employment)

Regulations throughout the training period.

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

summer breaks, learners may attend the work-based learning

component of the training programme as agreed with the sponsor in

the training programme plan.

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

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

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

Subject to the proviso hereto, this Act shall regulate

education providers and sponsors that administer VET programmes

in terms of the provisions of this Act.

(1)

Persons who have attained school leaving age as

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

placements, apprenticeships and internships in accordance with this

Act.

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

the entry requirements for respective training programmes.

The training programme shall be subject to the

accreditation processes by the National Commission for Further and

Higher Education as prescribed in the applicable Act and in

compliance with the Malta Qualifications Framework and any other

relevant legislation or of international qualification structures

recognized by industry.

(1)

A learner shall be eligible for the award of a

Degree or Diploma or Certificate or Award or similar after all

conditions relevant to that qualification or recognition have been

fulfilled and insofar as all the other obligations and responsibilities of

the learner have been fulfilled.

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

qualification or award, the level on the Malta Qualifications

Framework or on international qualification structures recognized by

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

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

defined by this Act.

The VET provider may also decide to issue a skills card

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

evidence of the level of competence attained in a recognised

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

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

training programme, level of qualification or award, date of

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

There shall be a training programme plan that shall be

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

contain the following information

(a)

training programme title;

(b)

relevant skilled and technical occupation;

(c)

eligibility and entry requirements;

(d)

calendar dates and hours to be spent at the

AND APPRENTICESHIP

school-based and work-based learning locations including

number of hours or working days for each week of the

calendar year when a learner will be engaged in work-based

learning with the sponsors and engaged in school-based

learning with the VET provider;

(e)

learning outcomes and credits for school-based

and work-based learning, defining the knowledge, skills

behaviours and attitudes to be gained;

(f)

assessments methodology providing the types of

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

VET providers premises;

(g)

qualification or award level obtained on the

Malta Qualifications Framework and the equivalent European

Qualifications Framework or on international qualification

structures recognized by industry on successful completion of

the full learning programme;

(h)

progression to further training programmes;

(i)

due date of review of the educational content of

the training programme by the VET provider.

(1)

VET providers shall act as the administrators of

the training programmes and shall be responsible for the

development, coordination, control, assessment and certification of

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

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

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

or as may be assigned by the Minister under this Act.

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

of VET providers to

(a)

develop training programmes for skills that are

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

on national research reports and national requirements for

skilled and technical occupations;

(b)

identify potential sponsor

and

training

programme vacancies for learners;

(c)

develop training programmes in consultation

with sponsors;

(d)

review and update the training programmes

periodically at least every three years;

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(e)

conduct internal quality audits on training

programmes and their support administrative processes;

(f)

develop internal training programme regulations

on educational and operational matters of the respective

programmes;

(g)

set up of a Work-Based Learning Operational

Board, as stipulated in this Act, intended to develop,

administer, control and improve all processes pertaining to the

training programmes in relation to work-placements,

apprenticeships and internships;

(h)

deliver school-based learning as part of the

training programme;

(i)

conduct assessments of the skills gained by

learners through work-based learning and school-based

learning, based on learning outcomes specified in the training

programme plan;

(j)

determine the transfer of credits earned in a

training programme to another, taking into account the

learning outcomes acquired in the course of such previous

training;

(k)

compile a training programme plan as specified

in this Act;

(l)

develop a training programme plan so that

working and training hours shall be, as reasonably possible,

flexible in order to make them more accessible to learners with

dependents;

(m)

ensure that training programmes, systems and

processes reflect the national strategy for social inclusion in

education.

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

the special training programme requirements of disabled persons and

that training of disabled persons is coordinated with other measures

to promote their participation in working life.

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

duty of the VET provider to

(a)

issue the qualification or award for each training

programme in accordance with the Malta Qualifications

Framework or on international qualification structures

recognized by industry;

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(b)

exercise the voluntary option to issue a skills

card as specified in this Act, to the learner on the successful

completion of the training programme;

(c)

issue the EUROPASS Certificate/Diploma

Supplement or similar to learners on the successful completion

of the training programme.

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

of the VET provider to

(a)

ensure that the content of the training agreement

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

compliant to the terms of this Act;

(b)

ensure that the training programme plan

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

based learning is compliant in terms of this Act;

(c)

maintain a Register of Training Agreements.

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

to the sponsors, trainers and learners to

(a)

supervise the suitability of sponsors and

appointed lead trainers;

(b)

supervise the suitability of the premises where

work-based learning is held;

(c)

ensure that the learners have a designated lead

trainer on the work premises for the whole period of the

training programme;

(d)

determine the maximum number of learners that

sponsors can engage, based on their respective resources for

training and learning;

(e)

maintain regular contact, communication and

co-operation with the sponsors on all aspects of the training

programme;

(f)

provide information and access for learners

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

internship opportunities by sponsors;

(g)

match learners with training

programme

vacancies for final selection by the sponsor;

(h)

provide counselling and guidance services to

learners;

AND APPRENTICESHIP

(i)

take all necessary action to ensure the wellbeing

of learners during the work-placement, apprenticeship and, or

internship opportunities provided by sponsors;

(j)

mediate on issues relating to work-based

learning and training which may arise between the learner and

sponsor;

(k)

manage the transfer of learners from one sponsor

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

by the nature of the training programme;

(l)

ensure that entry requirements and the selection

of learners are equitable and free from discrimination on the

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

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

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

or gender identity, genetic features, health status, political

opinion, sex and, or sex characteristics, and sexual orientation.

The work-based learning component shall be provided

(a)

companies engaged in economic activity; or

(b)

organisations not engaged in economic activity,

such as those of the public service and in establishments of

members of the independent professions; or

(c)

non-company premises in suitable facilities

outside the main training premises, if and to the extent

necessary, for the purposes of training including training in

different companies, and partial joint instruction at a VET

provider; or

(d)

vocational training facilities outside the system

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

company training); or

(e)

partly abroad in countries offering compatible

skills, vocational support systems and qualifications

frameworks, as part of an international exchange of which the

VET provider, company or the country is a participant

Provided that for the purpose of this Act, training

programmes shall not apply to vocational training programmes that

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

simulated environments whereby work processes and systems are

replicated in an artificial environment.

AND APPRENTICESHIP

(1)

The VET provider shall identify and supervise

the suitability of sponsors and trainers who engage learners for the

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

sufficient technical experience, technical qualifications and personal

competences

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

VET provider, possess the necessary technical qualifications may

only be permitted by the VET provider to engage learners after

appointing trainers with the necessary technical experience, technical

qualifications and personal competences to directly impart the

essential training in a responsible manner on the training premises

Provided further that persons shall be deemed to have

the necessary technical experience if they possess the vocational

knowledge and skills required by the training programme and have

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

their own occupation.

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

the necessary technical qualifications if they have obtained a

certification recognised by the Malta Qualifications Framework or by

international qualification structures recognized by industry in a

technical field corresponding to the skilled and technical occupation

Provided that the VET provider may still recognise

persons as trainers without having the technical qualifications after

having produced evidence that they have acquired through

experience the technical competences necessary to tutor learners;

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

behaviours, attitudes and the personal competences necessary to

deliver the learning outcomes defined in the training programme

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

the provision of work-based learning and training processes

Provided that a person shall not be deemed to have the

necessary personal competences if he has been found guilty of

repeated or serious contraventions of this Act or of the provisions

issued and regulations made according to this Act.

(1)

The VET provider shall provide regular

monitoring of the learners during the work-based period with the

sponsor. Visits to learners should be at least twice per academic year,

which can be part of visits pertaining to interim and final

assessments.

(2) The VET provider may conduct any inspection and

request information from the sponsor as it may deem necessary to

ascertain that the learner is receiving adequate training in relation to

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the agreed learning outcomes

Provided that if the VET provider deems that the learner

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

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

learner may be withdrawn from the sponsorship.

(1)

The VET provider shall ascertain that the

premises of the sponsors are suitable in accordance with the

provisions of this Act.

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

the equipment at such premises are suitable for the learning

objectives of the training programme and that the ratio of learners

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

achievement of work-based vocational competences for the required

work-based learning

Provided that training premises where the necessary

vocational knowledge, skills and competences cannot be imparted in

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

be imparted through work-based learning at alternative training

premises approved by the VET provider.

(1)

It shall be the right of the sponsor to

(a)

select prospective learners who apply for

training programme vacancies;

(b)

advertise work-based learning and training

programme vacancies through the VET providers or

independently.

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

incurred to engage a Learner on a training programme.

(3)

It shall be the obligation of the sponsor to

(a)

pay a remuneration to the learner in accordance

with the rate established by the relevant legislation, for the

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

part of the work-based learning component, as predefined in

the training programme plan;

(b)

ensure that learners are provided with the

environment to achieve the learning outcomes as defined in the

training programme plan;

(c)

run

the

work-based

training

process

systematically, in accordance with the training programme

plan, syllabus and timetable, in an appropriate form so that the

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training is achieved within the specified period;

(d)

allow learners to attend school-based learning

sessions, assessments or any other commitments, which are

related to the training programme, as specified in the training

programme plan;

(e)

allow learners to participate in international

exchanges which are related to work-based learning and which

provide for the development of vocational competences as part

of the training programme plan;

(f)

identify individuals who possess technical

knowledge, experience and personal competence to act as lead

trainers in terms of this Act;

(g)

ensure that learners have a designated lead

trainer on the work premises for the whole period of the

training programme;

(h)

entrust work-based training to the lead trainers

or to suitable competent persons as agreed with the VET

provider for the whole period of the training programme, and

to other trainers who shall remain under the direction of the

lead trainer;

(i)

ensure that the lead trainer is available at all

times to monitor the learner and ensure that the learner is

receiving adequate training;

(j)

provide the facilities and training necessary for

the learner to achieve the learning outcomes necessary for the

successful completion of the training programme’s interim and

final assessment, administered by the VET provider;

(k)

provide the premises and equip learners with the

tools and supplies necessary for the successful completion of

the training programme and the passing of their interim and

final assessments, administered by the VET provider, even if

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

based period;

(l)

allow learners to attend at another workplace for

a specified period of time to receive essential training that

cannot be delivered within their establishment as specified in

the training programme plan

Provided that such allowance shall only be

possible by prior agreement with the sponsor before the

commencement of the learning programme as specified in the

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training agreement;

(m)

oblige learners to keep a written training

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

such records are required as part of the work placement,

apprenticeship or internship;

(n)

provide proper health and safety equipment and

facilities in accordance with the Health and Safety at Work

Act;

(o)

ensure that learners are covered by the sponsor’s

public liability insurance and vehicle insurance, where

appropriate;

(p)

ensure that learners are entrusted with tasks that

serve the purpose required for the development of, and are

commensurate with, the physical abilities;

(q)

ensure that the learners’ well-being is

safeguarded and that they are trained in an environment that is

free from discrimination, work place bullying or harassment;

(r)

present training agreements to be entered in the

Register maintained by the VET provider as soon as the

agreements are established. The same shall apply to

amendments to the essential stipulations of an agreement;

(s)

retain records of the training agreements and a

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

learning activities. Records shall be retained for a period of

three years after the termination of the training programme.

The sponsor shall pass on the records to the VET provider on

demand within the period of the training programme and the

subsequent three years;

(t)

immediately inform the VET provider of any

learner’s shortcomings in order for necessary action to be

taken;

(u)

allow access for monitoring purposes by the

VET provider’s official representatives and any other official

who is authorised by the VET provider.

(1)

Learners shall have the following rights

(a)

learners may be eligible to benefit from student’s

maintenance grant in terms of the Student Maintenance Grant

Regulations;

(b)

learners on apprenticeship programmes have the

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right to an income equivalent to the national minimum wage

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

the training programme plan. The income per hour is

calculated as the income derived from the sponsor and from

the student maintenance grant.

(2)

Learners shall have the following obligations

(a)

perform tasks entrusted to them as part of their

work-based training;

(b)

undergo vocational education and examinations

as outlined in the training programme plan set by the VET

provider;

(c)

abide by the instructions given to them within

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

trainers or any other persons entitled to give them such

instructions;

(d)

attend for work-based learning component in

accordance to the pre-established training programme plan set

by the VET provider;

(e)

attend for any school-based learning as provided

by the VET provider or any other service provider according to

the needs, without absenting themselves for unjustified

reasons;

(f)

update the training logbook on a regular basis as

established by the VET provider in accordance to the

requirements of the training programme;

(g)

notify the VET provider if the sponsor is not

adhering to the conditions established in the training

agreement;

(h)

abide by the rules of behaviour as established by

the sponsor and the VET provider.

(1)

There shall be a training agreement for work

placements, apprenticeships and internships as outlined in Schedule

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

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

provider

Provided that if the learner is a young person, the

learner’s parents or legal guardians shall sign the training agreement

before the commencement of the training programme.

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

the signed contract on the date of signing.

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

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

(4) A training agreement is binding throughout the duration

of the programme.

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

to the detriment of the learner shall be null and void.

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

sponsor may have to institute civil proceedings against a learner in

respect of any contravention of or failure to comply with the

provisions of the training agreement or any condition thereof.

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

learner may have to institute civil proceedings against his sponsor in

respect of any contravention of or failure to comply with any

provision of the training agreement or any condition thereof.

(1)

The training programme shall end upon the

expiration of the period of training and upon successful completion

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

agreement

Provided that if upon expiration of the term of training

the learner fails to successfully complete the training programme the

learner may request an extension until the next possible occasion for

successful completion of the training programme which period shall

not be extended for more than one year.

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

can be terminated in accordance with the relevant legislation

regulating the probationary period.

(3) Where the learner submits his resignation from a

training programme such shall be endorsed by the sponsor by signing

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

lead to a termination of the training agreement and termination of the

training programme.

A learner who discontinues the work-based period

before the time specified by the training agreement shall not be liable

to pay the sponsor any amount in respect of the training received

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

specifically agreed upon for the work-based period.

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(1)

It shall be the duty of the VET providers to set

up and maintain a register for the training programmes that they

administer.

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

commencement of the training agreement to register the training

agreement with the VET provider. If a training agreement is

amended, the sponsor shall register, as soon as practicable, such

amended training agreement with the VET provider.

(3) The date of registration of the training agreement shall

not affect the date of commencement of the agreement, but a refusal

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

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

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

date as may be stipulated therein.

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

update the Register of Training Agreements to include information

on the successful completion or early termination of programmes.

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

annual report to the National Commission for Further and Higher

Education, inter alia on the following

(a)

training programmes in progress by occupation,

gender, nationality and level of certification;

(b)

training programmes concluded that year by

occupation, gender, nationality and level of certification;

(c)

training programmes to be concluded in the

forthcoming year by occupation, gender, nationality and level

of certification

Provided that the National Commission for Further and

Higher Education shall have the right to request any further

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

to provide any such information as may be requested.

(1)

It shall be the duty of the VET provider to

administer interim assessments and final assessments based on the

learning outcomes in the training programme plan.

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

months during the training programme.

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

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

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

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assessment shall be to determine whether learners have achieved the

learning outcomes defined in the training programme plan for both

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

shall demonstrate that Learners have mastered the necessary

knowledge, skills, behaviours, attitudes and vocational competences

required to carry out a skilled and technical occupation.

(4) The sponsor may withdraw from the training agreement

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

assessment.

(5) Learners shall be admitted to the final assessment

provided that

(a)

the Learner completed the full period of

combined school-based and work-based learning in

accordance with the training programme plan or if the period

is due to end no later than two months from the date set for the

assessment; and

(b)

the learner conducted and passed the prescribed

interim assessments.

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

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

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

Board of Examiners.

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

assessments, the assessments may be repeated subject to the

regulations established by the VET provider.

(1)

The VET Provider shall establish a Work-Based

Learning Operational Board which shall consist of at least three

members one of whom shall serve as Chairperson who shall have

sufficient expertise and knowledge on the subject matter and shall be

an employee of the VET provider

Provided that no member appointed to serve on the Work-

Based Learning Operational Board may concurrently be a sponsor of

the same programme.

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

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

(a)

adapt where possible existing curricula into

training programmes including a work-based learning

component;

(b)

review training programmes;

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(c)

set up a Board of Examiners for each training

programme;

(d)

establish regulations and policies for the Board

of Examiners which shall include admission of learners for the

assessment, the structure of the assessment and the criteria for

assessment;

(e)

oversee the operation of the Boards of

Examiners;

(f)

establish regulations for the assessment of

training programmes.

(1)

The Work-Based Learning Operational Board

shall establish such Board of Examiners to administer assessments

for each training programme.

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

to the grades to be given for assessment performance in individual

areas and for the overall assessment performance as well as decisions

concerning the passing or failing of the final assessment.

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

members who shall have sufficient expertise and knowledge on the

subject matter.

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

VET provider’s administration and a member representing the

relevant industry.

(5) The Work-Based Learning Operational Board shall

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

which can be renewed to a maximum of four years.

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

thirds of the members

Provided that at least three members are present to form

a quorum.

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

majority of votes provided that if the vote is not unanimous a

minority report may be drawn up.

(1)

The rights and obligations of any sponsor under

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

transferred to another sponsor.

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

has been registered in the Register of Training Agreements

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Provided that the VET provider shall not register a

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

infringes the right of the previous sponsor.

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

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

agreement by giving written notice of such decision to both parties,

and transfer the learner to complete the training programme with

another sponsor in the eventuality that

(a)

either the sponsor or the learner is unable to

fulfil the conditions of the training agreement; or

(b)

either the sponsor or the learner fails to observe

any of the conditions of this agreement; or

(c)

any difference or disagreement arises between

the sponsor and the learner; or

(d)

either the sponsor or the learner is convicted of a

serious criminal offence.

(1)

The sponsor is not obliged to retain the learner

beyond the period of the training programme.

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

training programme has ended an employment relationship is deemed

to have been established.

(1)

Where, during the period of training, any dispute

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

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

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

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

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

be addressed through the VET provider’s internal dispute resolution

system, regulated by the conditions of accreditation of educational

institutions.

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

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

appeal if aggrieved by a decision of the VET provider.

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

the Registry of the Appeals Board within fifteen working days from

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

the party.

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

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

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(6) The Appeals Board shall consist of an independent

chairperson and two independent members appointed by the Minister

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

qualified by reason of experience of and capacity in matters deemed

appropriate for such purpose.

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

be challenged in such circumstances as would disqualify a judge in

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

Organization and Civil Procedure and in any such case the member

shall be substituted by another person appointed for such purpose by

the Minister.

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

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

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

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

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

the Appeals Board.

(1)

The Minister may, subject to the provisions of

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

this Act or to regulate or otherwise provide about any matter in

respect of the functions and activities which affect work-based

learning in accordance with this Act.

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

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

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

the designated authority for the purposes of exercising any duties or

obligations which the government has under this Act.

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

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

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

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

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

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

may by regulations prescribe and regulate the procedures and

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

corporation or authority in exercise of such functions.

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

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

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

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

followed by them and to the operation and implementation of their

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

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

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employee concerned shall, as much as possible, without delay

comply with and act in accordance with these directives and orders

and shall conduct their functioning in accordance with these

principles.

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