64 tal-1987

L.t\'. 64 uf 1987

rEU': i\IALTA C OIWOKATION AC r. 1'175

, ACT NO. XVI OF 111751

tJC\'tion of [lirector-Worker Kegul"lion~. 1'lX7

IN E XE RCISE of the pvw<:~ conferred by seclion 4A of the

Tel.:maha Corporilli,," Acl. 1\175. tile Minis ter for Development of

Infra,tru,'lurc has made the followin,.; rcgulalion~ : -

I. The>c regulation, may Dc cited as the Telc maha Corporation

( Ekel;!)" of D irCClor·Workcrj Regu lations. 1%7.

I n I heS£' regu la, ions. unle!>S Ih<: C"nle ~ l mhcrwi..c r~q Ul res -

"At!"" rne;lIlS ,he Tclcmaha Co rporation Act. 1'.175.

m~a"s

"body" "

any body .. "abli.hcd by la w and any

par!n~rshlp or o(ha body in which

the Go~crnmclH or any ,ueh

bvdy h~s cfkcli\'c cont rol

"DireclOr-Worker" means a member o f the Board of

DirecTO rs of the Corporation "'<,cted under section .1(1) oftne Act

""' ··employec··

mean~ a person who is a p<.'rmanent employee of

tn e Co rporation but does not includc -

a worker

who has not completed the p<.'rlOO of

(a)

probation according to law

a part ·time worker

(bl

a worker on ~ COntr"Ct fo r a ddinnc time

(C)

(d) a publ ic officer or OIher worker P<'rtormmg duty

with the Corporalion bu t who is cmployed with the

Gm·c rnment or with any other body: and

(e) J worker of any subsidiary company of the

Corporation or of any wmpany in which the Corporalion has

an illlcrcst;

and ··employed·· ,hall be construed accordingly.

J. Subject 10 the provisions of thes<: regulations. a person Shall be

<jualified to be ekcted a Director- Workeronly if hc is a citizen of Maha

who is employed with the Corpomtion and if his nomination for the

election is supported in writing by no less than ten employees en titled to

' ·ot C ~1 that election.

(I) In addition to the disqualifications for membership or the

Hoard of Directors mentioned in ..ect,on ti of the Act. an employee of

the Corporation shall be dbqualitied for election to Director·Worker or

for rcm~;ning a member of (he Board if -

(a) he was a candidatc for election 10 the House of

Repre sen tati ves in the last general election; or

(b)

he is a shopsteward of any trade union: or

(cl is interdicted or incapacitated for any mental infirmity or

for prodigality by a court in Malta or is otherwise determined in

Malta 10 be of un,;ound mind.

(2) Notwithstanding the provisions of subparagraph (b) of

paragraph (I) of this regulation, an employee who is also a shopsteward

o f a trade union may stand for election as a Director-Worker, provided

that he shall nOI assume the duties o f Director-Worker , if elected, unless

and until he resigns his post as shopsteward. and provided further that if

suc h person shalt not have so resigned his post as shop5\eward within

fifteen days after the official announcement of the result of the said

elect ion such person shall be deemed to have resigned his office as

Director-Worker,

S. Subject 10 the provisions uf Ihese regulalions. the office of a \1"""11<)'01

Director-Worker shall become vacant _

l)i"'ctor· Worker.

(a) If he is dismissed according to established disciplinary

proceedings. or if he retires from the employment with Ihe

Corporation or his said emplo),ment is Olherwise terminated; ur

(b) if he has such financial or o ther interest in an)' contract.

entcrprise or activity as. in the opinion of Ihc Board expressed as a

decision taken by a secrel vote. is likely 10 afk-ct prejudiciall)' the

discharge by hIm of his functions as a member of the Board; or

(c) if any circumstances arise that. if he we re not a Director-

Wo rker . cause him to be disqualified for e lection as such.

(I) Th e Director-Worker shall be elected b)' secret ballot by Poll.

Ihe employees of the Corporation,

(2) At the election no person shall be permitted to vote on

behalf of an other.

(1) When an election of a Director- Worker is held there v",;",.

shall be declared elected the candidate who obtains more than fifty per

centum of all valid votes cast at that election,

(2) In case more than tWO candidates stand for an eleclion

and no one of them obta ins the number of votes men tioned in the pre-

ceding paragraph. another election shall be held between the twocandi-

dates who had obtained the greater number of votes_

Every election of a Director-Worker shall be held. conducted El<ction

and supervised b)' an Election Commission composed of the Principal C<Hnm;soon.

Electoral Commissioner and of two other members of the Electoral

Commission established under section 60 of Ihe Constitution who shall

be elected by an d from amongst the members of the said Electoral

Commission.

Subje~t to the provisions of these regulation. the election of 1tO"""I"'-

Director-Worker shall be held in such time or times and shall be con- el.."ioon.

ducted in such manner as the E lect ion Comm ission shaH deem approp-

riate.

An election which becomes [Iccessary for substituting the Di.

rector-Worker on the termination o f Ihe period of his office, shall be

held one month immediately before the period laid down in regulation

16 expires, provided that the Director"Worker so elected shall only

elller upon his duties as a member orlhe Board on th e expiration of that

period.

11 . When the office of Director-Worker becomes vacant. Ihe va-

cancy shall be filled from amongst the employees oflhe Corpomtion by

an election which shall be held for that purpose in accordance with these

regulations a nd such e lection shall be held as soon as practicable but in

no case later than four weeks after the vacancy giving rise to it occurs.

Mela l·poslla' Dirc ltu r·Hadd icm isir yaka nli , din jJ·yakanza ElmJOO' ..-ar.

ghaudha limle la mill· impjegali lal·Korporazzjoni b'elezzjoni li ssir gllal "',nu.

hckk sko nd dawn ir· rcgolamenti u din l·elezzjoni ghandha ssir kemm

jisla' jkun malajr, iida rebda ka l iklar tard minll erba' gi mghal Wara li

ligTi I·yakanza li minhabba fiha Irid issi r.

A Director-Worker , if he is otherwise qualified, shal l be elig·

ible for re-election.

The remuneration payable to the Director-Worker shall be

that established for the other members of the Board of the Corporation.

14_ The Director· Worker may resign his office by letter addres-

sed to the Minister.

A vacancy of a Di rcctor-Workershall be forthwith nOlified to

thc Ministcr.

Subject to the provisions of these regulations. the Director-

Worke r shall hold office for a period of two years commencing on the

date of his election and ending on the same date twO years later

Provided that the first Di rector-Workersha ll only enter upon

his duties as a membe r of the Board on the 1st February , 1988.

The Director-Worker shall have the same rights and duties as

are by law laid down in re spect of the other Directors of the Board.

lppubbl;ut mit_Toqsim. " t-T'Ctuif Pl'blulotJ by lh. I"fo,ma/i<m v.·,U;Q" K.,<ili.

Mitl:>u~~ n_ht ... ~ni. "I-G....,m - /'rin,tJ '" IM Go'~'n_", /'rinl~ p""

J>t<u le _1'_le