Guarantee Fund (Amendment) Regulations, 2005

L.N. 413 of 2005

EMPLOYMENT AND INDUSTRIAL RELATIONS ACT

(CAP. 452)

Guarantee Fund (Amendment) Regulations, 2005

IN exercise of the powers conferred by article 21 of the

Employment and Industrial Relations Act, the Minister of Education,

Youth and Employment has made the following regulations>-

The title of these regulations is the Guarantee Fund Title.

(Amendment) Regulations, 2005 and they shall be read and construed

as one with the Guarantee Fund Regulations, 2002, hereinafter referred L.N. 432 of 2002.

to as “the principal regulations”.

In regulation 2 of the principal regulations, immediately after Amends regulation

2 of the principal

the definition “liquidator” there shall be inserted the following new regulations.

definition>

“ “Member State” means a member state of the European

Union or of the European Economic Area<”.

Regulation 3 of the principal regulations shall be amended as Amends regulation

3 of the principal

follows>-

regulations.

(a) paragraphs (a), (c), (d), (e) and (g) thereof shall be

deleted<

(b) paragraph (b) thereof shall be renumbered as paragraph

(a)<

(c) paragraph (f) thereof shall be renumbered as paragraph

(b), and for the words “the crews of sea-going vessels” there shall

be substituted the word “share-fishermen”< and

(d) after paragraph (b) thereof, there shall be inserted a new

paragraph (c) as follows>

“(c) an employee who, on his or her own or together

with his or her parents, spouse, children or siblings, was the

owner or part owner of the employer’s undertaking or business

and had a considerable influence on its activities.”.

Regulation 10 of the principal regulations shall be renumbered

as regulation 11 thereof.

Immediately after regulation 9, there shall be added the

following new regulation>-

(1) Notwithstanding any other provision in these

proceedings.

regulations, in the case of any state of insolvency, where a

request has been made for the opening of collective

proceedings based on insolvency of the employer as provided

for under the laws, regulations and administrative provisions

of a Member State, occurring and affecting an undertaking

with activities in the territories of at least two Member States,

the guarantee institution responsible for meeting any

employees’ outstanding claims made on or after the 8 th

October, 2005 shall be the institution in the Member State in

whose territory the employees registering their claim

habitually work, and the extent of the employees’ rights shall

be determined by the law of the Member State governing the

competent guarantee institution.

(2) In cases referred to in sub-regulation (1),

where insolvency proceedings have been requested in a

Member State other than Malta, any decision taken by the

competent administrative authorities in that Member State

shall be taken into account by the Administration Board in

determining the employer’s state of insolvency in respect of

any valid claims registered with the Fund.

(3) For the purpose of facilitating the

implementation of the provisions of sub-regulation (1) hereof,

the Administration Board shall take the necessary measures

to cooperate fully with the competent administrative

authorities and the guarantee institutions in other Member

States responsible for meeting any employees’ outstanding

claims in terms of Council Directive 80#987#EEC, and such

measures shall include the request for and provision of any

information considered necessary in any particular case.”.

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press