257 tal-2015 - Regolamenti tal-2015 dwar Trusts u Trustees (Trust tal-Leave tal-Maternità)

L.N. 257 of 2015

TRUSTS AND TRUSTEES ACT

(CAP. 331)

Trusts and Trustees (Maternity Leave Trust) Regulations, 2015

BY VIRTUE of the powers conferred by article 57(1) of the

Trusts and Trustees Act, the Minister for Finance, has made the

following regulations:-

(1) The title of these regulations is the Trusts and Citation and

commencement.

Trustees (Maternity Leave Trust) Regulations, 2015.

(2) These regulations shall be deemed to have come into force

on the 1st July, 2015.

In these regulations, unless the context otherwise Interpretation.

requires -

"employee" shall have the same meaning assigned to it by the

Social Security Act

Provided that for the purposes of these regulations, the

term "employee" shall exclusively refer to an employee not engaged

in the General Government Sector, Authorities, Agencies or Public

Corporations;

"employer" shall have the same meaning assigned to it by the

Social Security Act

Provided that for the purposes of these regulations, the

term "employer" shall exclusively refer to an employer not in the

General Government Sector, Authorities, Agencies or Public

Corporations.

These regulations shall provide for the establishment of a Maternity Leave

Trust, to be known as the Maternity Leave Trust (hereinafter referred Trust.

to as "the Trust")

(a) which shall be established in writing and by means

of a unilateral declaration of trust in terms of article 7 of the

Trust and Trustees Act;

(b) which shall be established for the purposes of

receiving maternity leave contributions from employers as

provided for in terms of the Tenth Schedule to the Social Cap. 318.

Security Act;

(c)

in relation to which, the employers which

contribute to this Trust shall, subject to the terms of the Trust, be

entitled to reimbursement from this Trust, for any maternity

leave payment paid to their employees;

(d)

to which, subject to the provisions of regulation

7(2) of these regulations, the provisions of the Trusts and

Trustees Act shall apply.

The Trust Fund shall receive the contributions specifically

payable by the employers in terms of the Tenth Schedule to the Social

Security Act to fulfil the obligations set out in the terms of these

regulations and the Maternity Leave Trust.

(1) Any employer who is required to pay contributions

in terms of the Tenth Schedule to the Social Security Act, and who

fails to pay such contribution, shall be liable to fines and penalties as

indicated by Part X of the Social Security Act.

(2) Subject to the terms of the Trust, an employer as is referred

to in sub-article (1) shall, while still being responsible to pay the full

salary to the employee, lose his entitlement for any re-imbursement

for maternity leave thus paid.

The Trustees composed as set out in regulation 7,

hereinafter referred to as "the Trustees".

(1)

The Trustees shall be composed of the following

(a) the Permanent Secretary of the Ministry responsible

for Industrial Relations, ex officio;

(b) the Permanent Secretary of the Ministry for Finance,

ex officio;

(c)

three members, representing the employer

constituted bodies, appointed by the Minister responsible for

Industrial Relations from amongst the members of the Malta

Council for Economic and Social Development;

(d) one member representing trade unions appointed by

the Minister responsible for Industrial Relations from amongst

the members of the Malta Council for Economic and Social

Development.

(2) The term of office of the representatives of the constituted

bodies shall be for a period of two years and such members may be

re-appointed as Trustees.

(3) The Trustees shall be exempt from the requirements of

articles 43 and 43A of the Trusts and Trustees Act in accordance with Cap. 331.

article 57(1)(g) of the said Act

Provided that none of the Trustees shall

(a)

receive or be entitled to remuneration for so acting,

whether directly or indirectly; or

(b) receive property upon trusts or accept to act as a

trustees or co-trustees of a trust on a regular and habitual basis;

or

(c)

hold themselves out as trustees.

Any bank account in which any of the funds of the Trust Bank accounts.

are deposited shall be held in the name of the Trustees.

The Trustees shall be responsible to ensure that, in any Revenues from

financial year, revenues from the contributions specifically paid by contributions.

employers for this Trust shall be sufficient to provide for

(a)

the payment of the maternity leave incurred by the

employers; and

(b)

meeting any other disbursements authorised by the

Trustees.

The Trustees shall be responsible to recommend Adjustments.

adjustments in the rate of the contribution payable specifically by the

employer to fulfil the obligations pursuant of the Maternity Leave

Trust in terms of the Tenth Schedule of the Social Security Act, after Cap. 318.

consultation with the Minister for Finance.

In accordance with the provisions of the Protection of Applicability of

Maternity (Employment) Regulations, an employee on maternity the

Maternity

leave shall be entitled to the first fourteen weeks of maternity leave (Employment)

Regulations.

with full wages but if the employee chooses to avail herself of any S.L.452.91

additional maternity leave beyond the fourteen weeks in terms of

regulation 6(1) of the above-mentioned regulations, the employer

shall not be obliged to pay any wages for those weeks of maternity

leave which go beyond the afore-mentioned fourteen weeks, without

prejudice to any relevant benefit in respect of any period of maternity

leave which goes beyond fourteen weeks in terms of the Social Cap. 318.

Security Act to which the employee may be entitled if she chooses to

avail herself of maternity leave beyond the paid fourteen weeks.

Without prejudice to the provisions of article 29 of the

Trust and Trustees Act, and to anything to the contrary which may be

provided by the terms of the Trust, the Trustees shall, by not later than

four weeks after the end of each financial year, make and transmit to

the Malta Council for Economic and Social Development a report on

the financial state of the Maternity Leave Trust.

€0.36