EMPLOYMENT AND TRAINING SERVICES ACT

CHAPTER 594

EMPLOYMENT AND TRAINING SERVICES ACT

AN ACT to provide for the establishment of Jobsplus and for the

regulation of employment and training services, and for matters connected

therewith or ancillary to, and for a National Employment Authority.

26th November, 2019 *

ACT XXXIX of 2018. as amended by Acts XXIX of 2019 and II of

2020 .

PART I

Preliminary

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 Jobsplus;

"candidate" means a person applying for the Trade Test;

"dependants" means individuals wholly or mainly dependant

for their maintenance on an individual and being in relation to such

individual -

(a)

the spouse, the children or stepchildren, or

grandchildren if the parents are dead;

(b)

if unmarried - the children, the parents, or the

unmarried siblings;

(c)

if a widower - the children or stepchildren and

grandchildren if parents are dead;

"disability" means a long-term physical, mental, intellectual or

sensory impairment which in interaction with various barriers may

hinder one’s full and effective participation in society on an equal

basis with others;

"educational or training institutions" means any licensed

school or other institution or entity offering educational services,

secondary, post-secondary or tertiary level and also includes further

and higher educational institutions, institutions offering formal and

non-formal learning, and vocational education;

*See Legal Notice 322 of 2019.

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

the 31st December of any year;

"further and higher education" means all non-compulsory

formal, non-formal and informal learning which serves to obtain a

national qualification classified up to and including level 5 of the

Malta Qualifications Framework, or a foreign qualification at a

comparable level;

"Jobsplus" means the Jobsplus Corporation established by

article 5 and, to the extent of the authority given, includes any officer

of Jobsplus duly authorised to act on its behalf;

"Minister" means the Minister responsible for employment 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;

"parent" means the father or the mother and includes any

person who has the care and custody, whether legal or actual, of a

child under the age of eighteen years;

"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;

"scheme" means a work placement scheme under this Act;

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

26;

"trainee" means a person, who is not of compulsory school age

and who is attending formal training at Jobsplus or other courses

delivered by another person approved by Jobsplus or a person

attending a scheme.

PART II

The National Employment Authority

(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)

One of the independent members of the Authority shall

be appointed by the President to be chairperson and another to be

deputy chairperson.

(3)

The President shall also appoint a secretary to the

Authority.

(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.

(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 praying for such removal on

the ground of proven misbehaviour or inability to perform the

functions of his office

Provided that if the House 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 immediately following the date of such

suspensions.

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

one of whom shall be the chairperson or the deputy chairperson.

(9) Subject to the provisions of sub-article (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

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 chairperson or, in his absence,

the deputy chairperson, 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.

EMPLOYMENT AND TRAINING SERVICES

(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 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 Jobsplus;

(b)

to hear appeals as provided for in this Act;

(c)

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 sub-article (1)(b), the following provisions shall, without

prejudice to the provisions of any regulations made under article 47,

apply

(a)

the Authority shall reject any appeal which is not

made in writing within the time specified in the provisions of

this Act allowing such appeal;

(b)

the chairperson of the Authority or, in his

absence, the deputy chairperson 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 chairperson or, in his absence, the deputy

chairperson, 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.

(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 not later than the sitting first occurring after thirty

days from its receipt.

PART III

Jobsplus

There shall be a body, to be known as Jobsplus, which

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 Jobsplus 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

Jobsplus shall be vested in the chairperson 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 chairperson of the Board and a deputy chairperson

shall be appointed by the Minister from amongst members of the

Board.

(4) Where the chairperson is absent from Malta or is

otherwise temporarily unable to perform the functions of his office,

or where the post of chairperson is temporarily vacant, the deputy

chairperson shall act as chairperson.

(5) The chairperson 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 Jobsplus, its

administration and organisation, and the administrative control of its

officers and servants shall be the responsibility of the chief executive

of Jobsplus 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 Jobsplus, the chief executive and other employees of

Jobsplus.

(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; 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.

(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 chairperson 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

chairperson or, in his absence, by the deputy chairperson.

(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 chairperson, or in his absence the deputy

chairperson, 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)

Jobsplus 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) Jobsplus shall consider any matter relating to the

formulation of an overall national policy for employment and training

falling within its remit, and all matters relating to any of its functions

under this Act, or such other functions as are or may be assigned to it

by any other law. Jobsplus shall also tender advice to the Minister or

any department of the Government on any matter relating to

employment or training of workers or to the labour market in general,

either at the request of the Minister or on its own initiative.

(3) Jobsplus shall afford the Minister the necessary facilities

for obtaining information with respect to the property and activities

of Jobsplus, 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 Jobsplus, give

to Jobsplus such directives in writing as he may deem appropriate,

being directives of a general character not inconsistent with the

provisions of this Act and Jobsplus shall comply with such directives.

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

any other thing or activity, Jobsplus shall conform its policies and

activities with the aims and objectives of national economic planning

from time to time in force.

(6) Jobsplus 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, Jobsplus shall have the

following functions

(a)

in general to provide and maintain an

employment service to assist persons to find suitable

employment and to assist employers to find suitable

employees;

(b)

in particular -

(i)

to register persons seeking employment

in the Register;

(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;

and

(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 it is necessary

or expedient to make provision by regulation.

(1)

Jobsplus shall maintain a Register of persons

seeking employment.

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

be registered in accordance with regulations that may be prescribed

from time to time. Such regulations shall include definitions of who

qualifies for registration and any Parts of the Register that may be

established and the course of action to be adopted by Jobsplus in

relation to the referral of persons for employment.

(3) No person of compulsory school age shall qualify to be

registered unless that person has completed his compulsory education

in terms of the Education Act.

(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 Jobsplus may deem fit.

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

any time during the period of validity of registration, Jobsplus may

require the person seeking employment to furnish information or

produce documents in his possession or control relating to his date of

birth, previous employment, dependants, work experience, skills,

competences, qualifications and other matters relevant to his

registration.

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

from him under sub-article (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 Jobsplus

under this article may, within fifteen working 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, Jobsplus shall consider the persons

who best satisfy the requirements of the employer on the grounds of

qualifications, skills and, or competences and, or work experience as

the case may be.

(2) (a)

In the event that any person who is registering

for employment refuses to avail himself of any suitable opportunity

for employment, such person shall retain his right to continue

registering for employment, during the first (3) months from date of

registration. However, this does not apply where the registrant

refuses, without a good and sufficient reason, any training or any

other assistance or service offered to him by Jobsplus.

(b)

In the event that any person who has been

registering for employment for a period exceeding three (3) months

from the date of registration 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

Jobsplus such person shall be struck off the register with immediate

effect for a period of six (6) months.

(c)

Any person who fails to acknowledge any

communication by any means as may be determined by Jobsplus

from time to time, with respect to any suitable opportunity for

employment or training or any other assistance or service offered to

him by Jobsplus shall be struck off the register with immediate effect

for a period of six (6) months.

(d)

The person registering for employment may

engage in a one-off work activity, consisting of a few hours and in

any case not more than five (5) hours in any one week and not to

exceed the amount of two hundred and forty (240) hours per annum,

whilst retaining his right to remain on the Register, so long as he

obtains approval beforehand, from Jobsplus, of such engagement.

Under normal circumstances, this approval should be sought at least

one week in advance. Should the registrant fail to inform Jobsplus

and is caught working while registering, he shall be struck off the

Register with immediate effect for a period of six (6) months.

(3) Any person who, whilst registering for employment, is

engaged in a gainful occupation or who, without the prior permission

of Jobsplus, 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 for employment or to referral for employment unless such

person proves to the satisfaction of Jobsplus that after having

forfeited such rights as aforesaid he had been gainfully occupied for a

continuous period of six (6) 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 Jobsplus under

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

such decision, appeal to the Authority.

(1)

In making a request to Jobsplus for the referral

of employees, an employer shall specify the qualifications, skills and

competences and, or work experience 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 Jobsplus.

(2) In referring persons for employment, Jobsplus shall seek

to satisfy the needs of the employer as expeditiously as possible. The

employer shall be entitled to reject any person submitted by Jobsplus.

(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

sub-articles (2) and (3), be recruited through the employment service

provided by Jobsplus.

(2) Where the recruitment of employees by the Government

or any other employer to which sub-article (1) refers is in connection

with the employment of -

(a)

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

(b)

persons engaged from outside Malta,

Jobsplus may cause or authorise recruitment, whether through

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

Jobsplus 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 Jobsplus.

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

vacancies, as may be prescribed, Jobsplus shall refer for employment

with any employer as is referred to in sub-article (1), in preference to

any other person, persons who, within the three (3) 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 Jobsplus by a

Government department or any other employer as is referred to in

sub-article (1), Jobsplus is unable to submit suitable applicants, the

department or other employer may recruit the employees required in

virtue of such other arrangements as Jobsplus may authorise in any

case or class of cases.

(5) A Government department or other employer as is

referred to in sub-article (1), rejecting an applicant submitted by

Jobsplus shall specify in writing the reasons for rejection. Where in

any case Jobsplus, 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 Jobsplus.

(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

sub-article (1) on the grounds of sex, religion or belief,

economic means, race or ethnic origin, political opinion,

disability, colour, sexual orientation or gender identity,

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 Jobsplus shall be made in accordance with the

said order.

(2) An order issued under sub-article (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, Jobsplus shall have the

following functions

(a)

to provide training courses or other schemes for

the purpose of assisting persons desiring to fit themselves 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;

(d)

to provide support to Trade Testing Boards in

designing and conducting assessments to ascertain a person’s

proficiency or competences in a particular occupation.

(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 thereto.

(1)

For the purpose of encouraging adequate

training through courses or other schemes contemplated in article 17,

Jobsplus 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)

make arrangements for the application of

selection assessments and of assessments or other methods for

ascertaining the attainment of any standards recommended by

it and may award certificates of the attainment of those

standards;

(d)

assist any person in finding facilities for being

trained where it cannot provide such training;

(e)

carry on or assist other persons in carrying on

research into any matter relating to training services offered by

Jobsplus.

(2) Jobsplus may enter into contracts of service with any

person who intends to attend courses or avail himself of any other

scheme it has provided.

(3)

Jobsplus may -

(a)

at the request of any employer provide advice

about training connected with his activities;

(b)

enter into agreements with employers relative to

payments by them to Jobsplus in respect of the exercise by

Jobsplus of any of its functions.

(4)

Jobsplus may -

(a)

make grants or loans to persons providing

courses or other schemes approved by Jobsplus;

(b)

pay allowances to persons providing further and

higher education in respect of persons who receive such

education in association with their training in courses or other

schemes provided or approved by Jobsplus;

(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 Jobsplus.

(1)

No person may enrol a trainee without a written

permit from Jobsplus which shall specify the maximum number of

trainees that may be employed

Provided that no such permit shall be given under this

article for the enrolment of trainees unless a draft scheme or

agreement which includes provisions respecting the training and

conditions of employment of a trainee has been previously drawn up

by the person applying therefor and approved by Jobsplus and unless

such a person shows to the satisfaction of Jobsplus that his

establishment offers reasonable opportunities for the proper training

of the number of trainees proposed to be employed therein.

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

sub-article (1) shall be guilty of an offence against this Act.

(1)

An employer on engaging a trainee shall enter

into a written agreement with him.

(2) If such 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 his legal guardian.

(3) A minor who binds himself as a trainee as provided in

sub-article (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 traineeship or other scheme agreement shall

be binding unless and until it has been registered with Jobsplus in

accordance with the provisions of this Act.

(2)

When registering such agreement, Jobsplus shall ensure

that

(a)

such agreement complies with the provisions of

the traineeship scheme or other scheme applicable at the time;

(b)

the employer and the trainee are fit and proper

persons to enter into such agreement.

(3) The agreement is to contain the following information as

well as other information determined by Jobsplus from time to time

(a)

details of employer, trainee and placement;

(b)

agreement duration;

(c)

trainees’ and employers’ rights and obligations

during the scheme;

(d)

Jobsplus’ rights and obligations during the

scheme;

(e)

the working conditions offered to trainees; and

(f)

the calculation of trainees’ training allowance.

(4) Jobsplus shall keep a Register of Trainees and all

agreements shall be registered therein.

(5)

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

therein.

(6) Any party aggrieved by a decision of Jobsplus under this

article may within fifteen working days from the date of notification

in writing of such decision appeal to the Authority.

(1)

The rights and obligations of any employer

under an agreement may, with the consent of Jobsplus, be transferred

to another employer.

(2) Subject to the provisions of sub-article (4) no such

transfer shall be complete until it has been registered with Jobsplus.

(3) Jobsplus may refuse to register any transfer which, in its

opinion, is not in the interest of the trainee.

(4) If any person is engaged as a 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.

During the period of any dispute between an employer

and a trainee, the employer shall be entitled, as from the date of

reporting the circumstances to Jobsplus, to suspend the trainee from

work.

Nothing contained in this Act shall affect -

(a)

any right which a 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 or any condition thereof;

(b)

any right which an employer may have to

institute civil proceedings against a trainee in respect of any

contravention of or failure to comply with the provisions of the

agreement or any condition thereof.

(1)

Jobsplus shall have power to make inspection

and enquiry as may be necessary for the purpose of ascertaining that

trainees are receiving adequate training.

(2) If in the opinion of Jobsplus any trainee is not receiving

adequate training, Jobsplus may order the employer of the trainee to

take such action, specified in the order, as Jobsplus deems necessary

to ensure that the trainee will receive adequate training, and may

withdraw or vary any such order.

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

of any scheme applicable in the case, specify the areas of work on

which the 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.

The Minister may, in consultation with Jobsplus, appoint

such Trade Testing Boards as he may deem necessary for the purpose

of conducting the examination of candidates designed to ascertain

their competence in a given occupation acquired through non-formal

and informal learning.

In the absence of National Occupational Standards, the

Minister responsible for education may, in consultation with

Jobsplus, make regulations for the setting up of standards of

competence in various occupations and the certification of persons

who shall have obtained such standards.

(1)

To be awarded a Certificate of Competence, a

candidate must successfully pass from all components.

(2) Candidates who fail the assessment in part or in full

shall be granted the possibility to apply for a resit.

(1)

Candidates who apply for the assessment must

pay an administration fee, which can be revised from time to time by

Jobsplus.

(2) Candidates who apply for the Trade Test must have at

least one year work experience in the occupation applied for.

(3) When Trade Testing takes places under the regulations

that validate non-formal and informal learning, the eligibility

criterion applicable for candidates applying for the assessment must

be in line with the Validation of Non-Formal and Informal Learning

Regulations.

(4) Unemployed candidates shall be exempt from paying the

administrative fee.

PART IV

Administrative and Financial Provisions relating to Jobsplus

(1)

Subject to the provisions of the Constitution of

Malta and of any other enactment applicable thereto, including this

Act, Jobsplus, acting with the concurrence of the Minister, may

appoint such officials and other employees on such terms and

conditions of employment as Jobsplus may, from time to time,

determine.

(2) Public officers seconded for duty with Jobsplus shall be

under the administrative authority and control of Jobsplus, but shall

for all other intents and purposes remain and be considered and

treated as public officers.

(1)

Jobsplus shall be paid out of the Consolidated

Fund such sums as the House may approve in accordance with the

following provisions

Provided that, in relation to its functions, 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 Jobsplus from entering into arrangements for securing

part of its funds from sources other than the public revenue.

(2) Jobsplus 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

Jobsplus for the next following financial year.

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

contain such information and such comparisons with previous

estimates as the Minister may direct.

(4) Jobsplus shall, within the first three months of the

financial year, make a report of its activities during the previous

financial year containing such information relating to the functions

and activities of Jobsplus as the Minister may from time to time

require.

(5) A copy of the estimates of Jobsplus, together with a

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

forthwith to the Minister.

(6) 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 Jobsplus, 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.

(7) No expenditure shall be incurred by Jobsplus that has

not been approved by the House

Provided that -

EMPLOYMENT AND TRAINING SERVICES

(a)

until the expiration of six months from the

beginning of a financial year or until the approval of the

estimates for that year, Jobsplus 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, Jobsplus may adopt supplementary estimates

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

subject to it being given, Jobsplus 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 practicable, apply to the

supplementary estimates.

(8) All estimates and supplementary estimates approved by

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

(1)

Jobsplus 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 Jobsplus 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 Jobsplus 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 Jobsplus is forwarded to the Minister under

article 31, Jobsplus 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 Jobsplus.

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

and report to be laid before the House together with the motion laid

before the House under article 31.

(1)

Jobsplus 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 Jobsplus under

this Act;

(b)

any other expenditure properly chargeable to

capital account.

(2) Jobsplus 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 fifty thousand euro (€450,000), there shall be required the

approval of the Minister in writing.

(3) Whenever it may be necessary for Jobsplus 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 Minister, by warrant

under his hand and without further appropriation other than this Act,

authorise the Accountant General to make advances to Jobsplus

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 Jobsplus 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 as soon as practicable.

Jobsplus 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

Employment Records

(1)

Jobsplus may make administrative provisions as

approved by the Board under this article prescribing the registration

and recording of employed persons or persons seeking employment

in Malta.

(2) Without prejudice to the provisions of any other

applicable law, Jobsplus may also make provisions providing for the

disclosure of any particulars furnished in accordance with this article,

or in accordance with article 46, 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.

Any employer, who employs another person whole-time,

part-time or otherwise under a definite or indefinite contract or on

probation shall notify Jobsplus of such employment by any means

which may be established by Jobsplus from time to time.

Any person, hereinafter referred to as "a self-employed

person", who takes up a gainful occupation whole-time, part-time or

otherwise, other than in a contract of employment with an employer,

shall notify Jobsplus of such occupation by any means established by

Jobsplus from time to time.

Any person who, whilst registering with Jobsplus as a

person seeking employment is employed by another person, whether

whole-time, part-time or otherwise, and whether under a definite or

under an indefinite contract or on probation, shall inform Jobsplus of

such employment by any means established by Jobsplus from time to

time.

For the purposes of this Act, a person performing work

in any place of work shall be deemed to be employed or self-

employed.

(1)

When a contract of employment is terminated

the employer shall, within four days from the date of termination,

notify Jobsplus by any means as may be established from time to

time, of the date of termination. Jobsplus shall then issue an

acknowledgement therefor as soon as possible.

(2) The provisions of sub-article (1) shall apply mutatis

mutandis to a self-employed person, when such person ceases to be

engaged in a gainful occupation.

(1)

Every employer upon whom an agreement of

traineeship as defined by law is binding, shall at all times keep in

respect of every trainee such records as may be determined by

Jobsplus.

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

above shall retain any record made in terms of the preceding sub-

article for a period of three years subsequent to the date of the record,

and shall on demand by Jobsplus 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

(1)

No person shall employ a minor of compulsory

school age except

(a)

where the Minister responsible for education

grants written permission to employ such minor in terms of the

Education Act; or

(b)

under any training scheme approved by the

Minister responsible for education in terms of the Education

Act or as provided for in any other law

Provided that the employer shall be bound to ensure that

the conditions, if any, laid down in the mentioned written permission

or training scheme are complied with.

(2) Any person who fails to comply with any provision of

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

Any employer who employs any person who is not a

citizen of Malta, other than such person as may be in possession of a

single permit or employment licence, shall be guilty of an offence.

Every employer shall submit to Jobsplus a list of

employees and, or trainees, who were in his employ at any time as

required by Jobsplus.

Any person who fails to comply with any provision of

this Part shall be guilty of an offence against this Act.

PART VI

Enforcement, Offences and Penalties

(1)

The Minister may designate in writing specified

officers of Jobsplus 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 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;

(iii) to call in employers and, or self-

employed persons and employees at Jobsplus Head

Office, to attend before an inspector at a reasonable

time to answer such questions, or to supply such

information, related to employment.

(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, Jobsplus 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.

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,

shall be guilty of an offence against this Act and shall on conviction

be liable to a fine (multa) of not less than five hundred euro (€500)

but not exceeding two thousand and five hundred euro (€2,500), or to

imprisonment for a period not exceeding one year, or to both such

fine and imprisonment.

Any person who -

(a)

contravenes or fails to comply with the

provisions of article 41; or

(b)

knowingly or recklessly makes any incorrect

statement or entry in any record or return kept or furnished

under Part V or any regulations made thereunder; or

(c)

refuses or fails to answer to the best of his

knowledge any question which an officer of Jobsplus or an

inspector has put to him in the exercise of his functions under

Part V; or

(d)

refuses or fails to comply with any requirements

duly provided for under this Act; or

(e)

hinders Jobsplus or its representatives or an

inspector in the performance of their functions under this Act,

shall be guilty of an offence against this Act.

Any person guilty of an offence against this Act under

articles 15 or 40 shall be liable, on conviction, to a fine (multa) of not

less than two thousand and five hundred euro (€2,500) but not

exceeding fifteen thousand euro (€15,000).

Any person who contravenes the provisions of article 42

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

thousand euro (€1,000) and not more than five thousand euro

(€5,000).

Any person who contravenes the provisions of article 43

shall, on conviction, be liable to a fine of not less than two thousand

five hundred euro (€2,500) and not more than five thousand euro

(€5,000) as well as a suspension of the applicable business or trade

licence.

(a)

No proceedings shall be taken against any

person for any offence in contravention of articles 36, 37, 38 and 40

where such person, having received an intimation by Jobsplus for the

payment of a penalty of five hundred euro (€500) for having

contravened these articles, complies with such provisions and pays

such penalty to Jobsplus in all cases within fifteen days from the

receipt by him of such intimation.

(b)

In the event that such penalty is not paid in

accordance with paragraph (a), such person shall be liable to a fine

(multa) of not less than five hundred euro (€500) and not more than

two thousand five hundred euro (€2,500).

(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 one hundred

euro (€100) and not more than two thousand euro (€2,000).

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

any offence against this Act other than an offence against articles 15

and 40 thereof, where such person, having received an intimation by

Jobsplus for the payment of a penalty of one hundred euro (€100) for

having contravened the provisions aforesaid of this Act or of any

regulations or orders made thereunder, complies with such provisions

and pays such penalty to Jobsplus 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 or of any regulations or orders made

thereunder may be commenced at any time within six years from the

commission of the offence.

PART VII

Miscellaneous

(1)

Without prejudice to the Data Protection Act,

Jobsplus may from time to time require

(a)

any person in charge of a school or other

educational or training institutions, as the terms are defined in

the Processing of Personal Data (Education Sector)

Regulations, to furnish in such manner as may be requested

and within a reasonable time, such particulars as Jobsplus may

require with respect to students who are not of compulsory

school age in accordance with the relevant provisions of the

Education Act;

(b)

any person responsible for the implementation of

labour market policies to furnish in such manner as may be

requested and within a reasonable time such particulars as

Jobsplus may require with respect to persons who are not of

compulsory school age in accordance with the relevant

provisions of the Education Act;

(c)

any employer and any person to furnish, within a

reasonable time such information as it may require in

connection with employment and related matters;

(d)

the Commission for the Rights of Persons with

Disability, set up by virtue of the Equal Opportunities (Persons

with Disability) Act, to furnish in any manner as may be

requested and within a reasonable time such particulars as

Jobsplus may require with respect to persons between the ages

of sixteen and sixty-five years registered on any such register

established and maintained by the Commission, to satisfy the

legal obligations of Jobsplus to carry out its functions under

the Persons with Disability (Employment) Act.

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

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

(1)

Without prejudice to the generality of the powers

conferred in article 57, the particulars which may be required shall

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

attainments and other particulars of the persons to whom they relate

as appear to Jobsplus to be necessary or expedient to enable adequate

advice to be given on employment prospects, to design employment

and training policies, to design active labour market policies which

meet labour market needs and to analyse the impact of labour market

policies and initiatives

Provided that when processing of data is required for

research and statistics purposes, all identifiable data shall be rendered

anonymous, unless in the case of research, the identification of the

data subject is required to fulfil the purposes of such research.

(2) Where, for the purposes of designing employment,

training and labour market policies, the research being conducted

would require the identification details of persons, Jobsplus shall

process such data by replacing personal identification data with

pseudonymous data, and eventually limiting the re-identification of

persons only to those cases which specifically fall within the

parameters of the policy.

(3) When, for the purposes of the preceding sub-articles,

pseudonymous data are processed, Jobsplus shall ensure that

(a)

personal data is not processed for any other

purpose that is incompatible with the specific purpose of the

policy;

(b)

data enabling the attribution of information to an

identified or identifiable data subject is kept separately from

the other data;

(c)

personal data shall not be retained for a period

which is longer than necessary and all identifiable details shall

be rendered anonymous, deleted, or destroyed, following the

completion of the policy and, or initiative implementation.

(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 fifteen thousand euro (€15,000) or imprisonment

exceeding three months.

(1)

A director, officer, employee, agent or consultant

of Jobsplus who is in any way directly or indirectly interested in any

contract made or proposed to be made by Jobsplus or in any activity

or service to be provided for or by Jobsplus, shall as soon as possible

after the relevant circumstances shall have come to his knowledge,

disclose the nature of his interest to the Board of Jobsplus.

(2) Any disclosure made under sub-article (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) Jobsplus shall without delay inform the Minister of any

disclosure made under this article.

(1)

Subject to the provisions of the following sub-

articles, the Employment and Training Services Act, 1990,

hereinafter referred to as "the repealed Act", is hereby repealed.

(2) 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 or kept in

force, under and in virtue of the repealed Act shall, notwithstanding

the repeal of the said Act, continue in force and shall be deemed to

have been made under and in virtue of this Act.

(3) Any person registered for employment under the

repealed 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.

(4) Any reference in any other law to the repealed Act shall

be deemed to be a reference to the relative provisions of this Act.