15 tal-1988

L .N . Isor 19AA

EMI-'LOYMENT SERVICE ACT. 1955

(ACT NO . XIV OF 1955)

Auxiliary Worke rs Hnd Trainillg Scheme Rl"gullltiOns , ]9118

IN EXERCIS E of the powers oonferred by section 13,\ of the

Empl"y m ~nt Service Act . 1955. the MiniSl..,r for Social Policy has made

the following rcgulations:-

I. TilesI' rcgulation~ may be cited as the Auxiliary Workers and

Training Scheme Regulations. 1988.

dwar I· ls kcllla dwar ltaddicma Awiiljarji u I·Tahr;g Taghhom.

Regolament 14

Lista la' offii:i lalll il-gurisdizzjoni tal· Bard la" Dixxiplina

(a) assenza mix-xoghol jew tardjar fl-attendcnza gl'lax-xogho! miogl'lajr

ragunI x'crqa;

(b)

abballdun lal -iX'sllax-xoghol minghajr permess icw raguni gusta;

(c)

u:i:u la' Iod iem la' insubordinazzjoni ma' uffiCjal sllpcrjllri;

(d)

UZlI la' vjolenza fuq ufficjal superjuri jew fuq haddiehor;

(c) nuqqas ta' ubbidjenza la' xi ordni jew kmand legittimu moghti minn

uffii:jal supcrjuri;

([) t nikkir jew sim ulazzjoni ta' mard jtw inkapaCita, xoghol hai;in u nuqqas

ta' produujoni

(g)

telfjew hsara bi traskuragni la' proprjetiltal·Gvern jew la' teni persuni

(h) dislruzzjoni jew hsara volontarja ta' xi proprjeta tal·Gvern, jcw la' lerzi

pcrsuni, mahruga jew fdata lill·membri fl-Iskema

(i) ghem iljew ghaJnuna n-gl'lemil ta' xi dikJaraujoni falza jewqarrieqa met;,

jkun magliruf li din tkun falza, jew ta' xi nuqqas, bil'lisieb la' qerq, f'xi rapport,

prospett. lista lal-pagi jcw dokumcnt ichor maghmul jew iffirmat mill-membru fl ·

Iskema jcw li jkun id·dmir ta' dak il-membru li jadena I-eiattezza ta' dak li jkun

jinsab fihom;

(j) Iluqqas la' attcndenza bhaJa xhud f'inkjesta dwar ksur ta' dixxiplina me!a

tkun harget ordni glial dik I-attendcn:r.a

(k)

offii;a li lista' twassal glial proccduri kriminali

(I) gllemil ta' xi atl, imgicba jcw traskuragni bi pregudiuju ghall-bon' ordll i

u dixxiplilla ta'I, Jskema.

In these regulations, unless the comext otherwise requires

"aul<iliary worker" shall have the same meaning as that in the

Act

"the Board" means the Board of Directors, appointed in

accordance with regulation 3 of these regulations

"Director of Labour and Emigration" includes any officer of

the Department of Labour and Emigration who is authorized by

Ihe Director to act on his behalf;

"Employmcnt Servicc" has thc samc mcaning as that in thc

Act;

"Mmister" means the Minister responsible for labour;

"thc Schcmc" means the Auxiliary Workers and Training

Scheme.

J. (I) There shall be a Boa rd of Direetorswhich shall be directly

responsible for the Scheme of training. work and placing of auxiliary

workers in suiTablc employment.

(2) The Board shall be appointed by the Minister and shall

consist of a Chairman, a Deputy Chairman, such representatives of

Min istries according to the exigencies of the Scheme and a

representaTive from each of the Confederation of Trade Unions. The

Employers" Association, the Fede ration of Industries and the General

Work ers' Union . The Mi nister shall al>o appoint a substitute person for

each direcTor for the same period as the director whom he shall be

substituting and who may attend Board meetings in Ihe absence of the

director.

(3) The Minister may appoint another person 10 act as

SecreTary TO The Board.

(4) The Board shaH execute policy directives issued by the

Mini ster and observe such regu];<tions o r instructions as are issued by

the DirecTOr of Labour and Emlgral10n under tabour taws .

(5) The Board may function notwithstanding any vacancy in

the numbcrofils members. hut it shall not function unless the Chai rman

or th e Deputy Chairman and fou r other members are present .

(6) Wi,hout prejudice \0 paragraph (S)of this regulation. the

Boa rd may regulate its own proced ure.

(\) There shall be an Assessment and Placement Office A""">m<n' ,00

established by the Board which

(a ) examines the applicants subm itted by the Employment

Service a nd conducts the necessary interviews and invcstiga tions

with an aim of obtaining the beSt assessment possible o f the

applicants' disJXlSition for training and ability in some work orskiU ;

,,'

(b) places auxiliary worke rs eithe r in the tra imng phase or in

the work phase according 10 the exigencies a nd the possibilities of

the Scheme.

(2) The Board shall appoint e ~amine rs to assess applicants

by means of a trade aptitude test and/or a trade test in a part icular trade

indicated by them.

(3) [n this Office there shall be, to the extent possible.

qualified personnel in vocational guidance to assist Scheme members in

any problems they may have , and also to give them such ad vice as may

be deemed necessary.

S. (I) The Board shall establish a Skills Training Agency Sl<il\,

(he reinafte r caned "t he Agency"). within the Scheme, which shall havc Trainin,

the a im of promoting, developing and implementing teaching, trai ning, Ag<ocy.

practice and experience programmes which are intended generally to

further advance the educational leve! and pe rsonality development of

the auxiliary workers and. in particular, to develop trades and othe r

abilities. as may be identi lied for the needs of the means of production

!II the industrial and tertiary s.cctors. and also to foster further

motivation in the workers to achieve beller quality and more efficiency

in thei r work.

(2) Thc Agency sha ll s.cck to ensure that the tcachingand the

training are given

(a) in sectors where skills are required to be revived with an

aim of conserving the nation'scultural and environmental heritage

(b)

in traditional technical skills

(c)

in the manufacturing and services secto rs; and

(d)

in high technology sectors.

(3) Th e Agency ~hall promote the teaching and training of

the members in the Scheme in diffcrcnI systems of productive

associat ions including co-operatives.

(4) The Agency shall in its operat ions give attention \0 the

human resource of women within the Scheme with an aim of increasing

the presence of women at allleveb of the labour mark e\.

(5) The Agency shall, in co-ordination with other

departments and organizations, provide facilities for the rehabilitation

and special training of handicapped pe rsons in the Scheme.

(6) The Board shall ensure Ihal the Agency shall have the

necessary structures and organization (such as space, teachers.

vocational guidance , training and teaching tools, etc.) so as to give to

workers within the Scheme the necessary training at a suitable level and

to retrain workers in such manner that. when they are constraincd to

change their work, they will be ab le to move from one kind of work to

another according to the cxigencics of changes in the labour market.

(7) The Agency shall work in dose collaboration with the

Depanment of Education, tbe Malta Dcvelopme nt Corporation,

workers' Unions and employers' Associations, and ensure that the

teaching .. nd training programmcs will be integrated within the

framework of the national systcm of technical and vocational

education.

(8) The Agency shall ensure that members are te~ted for

their ability in thc trade in which they are trained by It, and that those

who are ~ucecssful in such tests are given the relative certificate.

(9) The Board shall appoint an Administrator who shall be

immediately responsible for th is Agency and the peT50nnel necessary

for the carrying out of the functions and work expected from it.

(JO) The Agency shall also promote programmes of spons

and cultural ac tivities in which auxiliary wor kers engaged in the Scheme

shall be invi ted to participate.

(\) The Board shall provide and sec k temporary work for

au xiliary workers in the Government, parasta tal and private sectors and

carry out the projects entrusted to it.

(2) AUXili ary workers who in the opinion of the Skills

Training Agellcy show all aptilllde for. and make satisfactory progress

ill the training in a particular trade or skill and also indicate their

willingness to further their kn owledge , shall, where possible. be given

e mployment relevant to the trainillg.

(3) The Board shall appoint a Manager who shall be

responsible for the daily administration of the Scheme with regard to

mallcrs related to the work pha>e as well as to the exec ution of projects

for which the Scheme will be di rectly responsible.

(I) Enrolment in the Scheme shall take place following En""l"",n'

wriUen applications according 10 calls made from lime 10 time by the j~tl><

Employmen t Service and published in the Government Gazette for Schen ...

catcgoricsof persons from among those referred to in section 13A ofthc

Ac!. The Employmen t Service may also offer pcr:;()ns rcgi:;tcr;ng for

work 10 join the Scheme and , for the purposes of the Register of L, J'/ . S2

Applicants for Employment (Pa rt Two) Order, 191\0, membership in o/l<1SO

the &heme shall be considered as an offer of suitable employmen t.

(2) Prior to being enrolled in Ihe Scheme. a person shan be

served with a written notice regarding the general condit ions of work

and train ing and shall complete the enrol ment form and sign the

necessary statements for the purposes of the contract of work and

training under the Sch~me .

(3) Saving the provisions of any other law regarding false

statements. any person making a false statement shall forfeit the right of

enrolment under the Scheme and shou ld such false statement he

discovered subsequently to such person 'senrolment under the Scheme,

such person shall be aUlOmatically dismissed.

(4) The officer in charge shall be satisfied that the individual

sh311 have understood the contenTS of the notice and of the enrolment

form as well as the statemen ts signed by him.

(5) A person shall become an a UXiliary worker under the

Sche me on signing the said statements.

(6) When the term in the Scheme is to be renewed , account

will be laken of the advice of the Assessment and Placement Office

which shall ta ke into consideration the behaviour and performance of

the auxiliary worke r throughout his term within the Scheme d uring bolh

the training and work phases. the skill and trade of the individual, as

well as the laller's disposition for fun her train ing.

( 1) Auxiliary workers shall be subject 10 such medical Mcd""'l

exa minations as may be necessary from time to time both before and c,"m,n.,ion •.

after enrolment in the Scheme.

(2) Medical examination s shall be c .. rried out hy a Medical

Board composed of a panel of medical practitioners and paramedics

appointed hy the Board.

(I) Auxiliary workers shall wear such work clothes as arc Wo,' d .."h<:,

normally reqUlred in thc GO"crnment service or in the pa rticular sector .ndc~"ipmcn,.

towhich theywili have been attached according tothe Board·sdecision.

(2) Work clothes and equipment or tools that auxiliary

workers shall be provided with shall remain Gov~rnmenl's property and

shall be returned in good condition, except for fair wear and tear , within

seven days from one's termination of service in the Scheme.

(\) Auxiliary workers shall recc,ve a wagc payable every w.~<>.

tortmgltt which shall In no case be lower lhan the national minimum

wage in addition 10 Ih e Bonus.

(2) Th e Board may, with the approval of the Mini,ICT,

establish. various grades and categories of auxiliary workers and also

establish different scales of remuneration based on the type of work

assigned. onc's skill, efficiency and tradc .

(1)

Auxiliary workers shall work an average of forty hours

spread over a week of five or six days or Ihe hours of work (or training)

as may apply al the place of work or establishment where they arc

placed.

(\) Auxiliary workers are ent itled \0 alJ those public

holidays established by law.

(2) Without prejudice (0 the exigencies of the service.

auxiliary workers shall be entitled to twenty vacation leave days

(twenty·four whcn they work a six-day week) with full pay every

calendar year, wilh. effect from the lapse oflhree months from the date

of enrolment in the S<;heme,

(3) No vacation lcave shall be availcd of during the !raining

phase except in e~ceptional cases.

(4) Auxiliary wurkers shall also be enti tled to full pay during

sickncss up to a maximum of twcnty days in a calendar year. Sickness

pay Sh'111 unly be payable if one satisfies the conditions which the BOMd

may set out from time 11,1 lime, including that requiring auxiliary workers

to suhmit to an examination by the Medical Board or by a medical

practitioner appointed by the Medical Buard.

(5) Auxtliary workers shall also be enlitled 10 Ihree day,

leave on marriage and to two days leave on the birth of a child to the

auxiliary worker's wife , provided that the said IWQ days leave are

aV<liled uf cunsecutively within onc month from the date uf the child's

birth,

(6) Auxiliary workers shall also be entitled to two days leave

on the death uf any of the following relatives: the father, mother, wife,

husb<lnd, son, daughter and brolhers or sisters of Ihe auxiliary worker ,

Al1xiliary workers shall be entitled 11,1 m<lternity leave as

(7)

established by law,

(8) Aux iliary wurkers shall be entitled 11,1 Iheir pay whe n

called to serve as jurors in Court ,

\J. (I) Auxiliary workers may not perform private work

without the Board's writlen permission to do so.

(2) In those cases where it results Ihatlhesc regulations do

nOI make specific provision, the Board may, in consultation with the

Director of Labour and Emigration, decide and ils decision shall be

final.

(I) Haddicm aw:i:iljarju ma jistax jaghmcl xoghol privat Koooizzjonijiet

jekk ma jkunx ingbata permess bil-mi ktuh biex jaghmel dan mill-Bord. oil ...

(2) F dawk il-kafi fejn jirrifulta li dawn ir-regolamenti ma

jipprovdux b'mod spetifiku. il -Bord jista', b'konsullazzjoni mad·

Dircttur tax-Xogholll Emigrazzjoni, jiddeciedi u d-deCitjoni tal-Burd

t kun finali.

(I) Au ~i liary w{}rker~ arc expected \0 ohserve the DOOpIH><.

regulations in force from time to time and to carry 01l11he orde rs and

work given to them by Iheir superiors at alllcvcls.

(2) Disciphnary measures may be taken. mclud ing dism issal

from the Scheme. deduction of pay, suspension without payorwith half

pay, against auxiliary workers who arc fou nd guihyof anyorfencc listed

in the Sc hedule to these regulat ions.

(3) There shall be a Oi >eiplinary Board composed of three

persons, appointed by the Board to in vestigate and decide disciplinary

ca:;cs in the Scheme and to determine due pun ish me nt , accord Ing to the

seriousness of the case.

(4) In any disciplinary case, an auxiliary worker shall be

given details in writing of the charge brought againSl him and shall have

the nght to answer in wn ting 10 such charge, without prejudice to the

righ t to appear before the Disciplinary IJoard if the discipli nary

proceedings are continued,

(5) An auxiliary worker has the right to be present during the

hearing of his case and the Disciplinary Board shall consider anyth ing

that he may say in his defence, In every case , an auxiliary worker shall

have the right to hear the evidence against him i. nd cToss-e xamine

wi tnesses, testify on his own behalf. and to summon wi,m esses for his

defence . No auxili~ry worker may be compelled to testify in his own

defence.

(6) An auxiliary worker may be assisted by anOlher person of

his own choice.

(7) The Disciplinary Board shall regulate its procedu res in

such a way that, in conformity with the norms of natural jostice, the

proceedings are expedi ted for the early conclusion of cases.

(I) Au xiliary worke rs arc expected to carry out all the work Work

assigned 10 them accurately and conscientiously as instructed by the ir

supe riors and ~re todo their best to complete the work ~ssigned to them

satisfactorily and in the least possible time.

(2) Auxiliary workers may be engaged in construction work.

maintenance work, stree t cleaning. land cu lt ivation >chemcs, the

necessary preparation work for projects or on a<:\ual projects. as well as

any other work they arc capable of carrying out in the Government.

parastatal and private sectors, as may be necessary.

(3) Auxiliary work ers may he placed wilh establishments,

factories and contractors to ca rry out work that is suitable to them andl

or in which they are receiving train ing.

(4) An auxilia ry worker who rejects an offer for employment

wi thout a valid reason loses his righ t to continue in the Scheme.

Subject to the provisions of thcse regula!ions. casual workers.

meaning th.ose workers who fall within the category of work ers

m~ntioned in scc tion J3A (I) (b) of the Act. may. while still receiving

the wag~s of the place of work where Ihey arc employed as casuals and

with other conditions simila r 10 those generally applicable to

Government employees. be given work and training within the Scheme

'1Ccording to exigenc ies.

Workers employed in terms of section IlOof the Constitution

of Malta. who are found 10 be in excess of th ~ needs of th~ enlerpris~

within which they arc employed. may. while remaining on the books of

th e enterprise under the same conditiuns, be trained in the Scheme if the

need arises and perform work which would be as analogous as possible

in the Scheme while sti ll retaining the right to revert to the enterprise in

wh.ich they had been employed. when a vacancy occurs.

SCHEDU LE

Regulation 14

List of offences falling under the jurisdiction of the Disciplinary Board

(a)

abscnce from work or latc attendancc for work without a valid reason

(h)

abandonment of a place of work without pemlission or a valid reason

(c)

the utterance of language signifying insubordination to superiorofficers

(d)

the use of violence on a superior officer or any other person

(c)

lack of obedience to a Icgitimate order or command givcn by a supetior

(f) loitering or the simu];ltion of illness or disability. bad workmanship and

low product ivity

(g) the negligent loss or damage of property belonging to Government or to

third parties

(h) the wilful destruct ion or damage of any property belonging tu

Government or tu third parties, issued or entrusted to members within the

(i) tile making or aiding in the making of a falsc or ma licious statemen t wllen

this is known to be f"lse, or of ~n umission. with a malicious intent. in a report.

prospect. pay list or other documeot which is drawn up or signed by a member

within the Scheme , or on whom it is mcumbent to cheek the oaetn css of thc

contents thereof;

(j)

fililure tu attend ;IS a witness in an inquiry about a breach of discipline

when ao order has been issued summon ing such attendance;

(k)

an offence which may lead to criminal proceedings;

(I) any act. oollduct or negligence prejudicial to the good orde r and

discipline of the Scheme _