Tourism and Hospitality Skills Pass Regulations, 2024

L.N. 78 of 2024

MALTA TRAVEL AND TOURISM SERVICES ACT

(CAP. 409)

Tourism and Hospitality Skills Pass Regulations, 2024

IN EXERCISE of the powers conferred by article 47 of the Malta

Travel and Tourism Services Act, the Minister responsible for tourism,

on the recommendation of the Malta Tourism Authority, has made the

following regulations:-

(1) The title of these regulations is the Tourism and Citation, scope

and

Hospitality Skills Pass Regulations, 2024.

commencement.

(2) The scope of these regulations is to establish the

requirements which any person working in the tourism and hospitality

sector shall possess and to provide for the minimum skills and

knowledge required, and the conditions for obtaining a Skills Pass.

(3) These regulations shall be read in conjunction with any

other laws and regulations that require persons working in the tourism

and hospitality sector to obtain any other licences and, or

qualifications and to satisfy any other requirements applicable to their

role.

(4) These regulations shall come into force within two (2)

months from their date of publication in the Gazette.

Tourism and hospitality courses

1. The Institute shall provide tourism and hospitality courses,

together with the relative assessments. Upon the coming into force of

these regulations, the following courses and assessments shall be

provided by the Institute

(a)

an English proficiency test;

(b)

a basic customer care course and assessment;

(c) a basic Maltese tourism product course and

assessment;

(d)

a basic essential English course and assessment; and

(e) a skills assessment for any one of the following job

categories and their respective National Occupational Standards

as approved by the Malta Further and Higher Education Cap. 607.

Authority, as established by article 3 of the Further and Higher

Education Act

(i)

bar staff;

(ii)

front office staff;

(iii) restaurant staff;

(iv) housekeeping staff;

(v)

kitchen staff.

2. The nomenclature used for the job categories

abovementioned is for reference only and it shall not exclude tourism

and hospitality workers and, or tourism and hospitality operators

utilising alternative nomenclatures from being subjected to the relative

assessment.

3. Any person applying for any role with a tourism and

hospitality activity, which role is not included in the job categories

referred to in item 1(e) shall undergo the courses and assessments

referred to in items 1(a) to 1(d)

Provided that if the Malta Further and Higher Education

Authority publishes any National Occupational Standards covering the

relative role not included in the job categories referred to in item 1(e),

such person shall be obliged to undergo any courses and, or

assessments and interviews covering such National Occupational

Standards.

4. The Institute may from time to time modify and vary the

list of tourism and hospitality courses and job categories referred to in

item 1 to better reflect the needs of the tourism and hospitality sector

in Malta.

5. The Institute shall direct applicants to the appropriate

courses as indicated in this Schedule or such other courses as the

Institute may organise, which align with the applicant’s role and

responsibilities within the tourism and hospitality operation.

(1)

In these regulations, unless the context otherwise Interpretation.

requires

"Act" means the Malta Travel and Tourism Services Act;

"Authority" means the Malta Tourism Authority as

established by article 3 of the Act;

"holiday premises" shall have the same meaning as

assigned to it in the Act;

"Institute" means the Institute of Tourism Studies as

established by the Institute of Tourism Studies Act;

"Member State" means any State which is a member of the

European Union;

"Minister" means the Minister responsible for tourism;

"Skills Pass" means the certification as referred to in

regulation 4;

"tourism and hospitality courses" means the courses

organised by the Institute as set out in the First Schedule;

"tourism and hospitality establishment" means any hotel,

guest house, hostel, holiday premises and any other similar

tourism establishment, which provides accommodation to

tourists and, or any catering establishments as licensed by the

Authority;

"tourism and hospitality operator" means any licensee and,

or operator of a tourism and hospitality establishment and, or any

other person responsible for a tourism and hospitality

establishment;

"tourism and hospitality worker" means any person

working in a tourism and hospitality establishment, including

those directly and, or indirectly employed with the said

establishment;

"third country national" means a person who is not a citizen

of Malta or of a Member State.

(2) Unless otherwise defined in these regulations or unless the

context otherwise requires, words and expressions used in these

regulations shall have the same meaning as assigned to them in the Act

or any regulations made thereunder and any other applicable

legislation.

(regulation 4)

PART I

The following persons shall not be required to satisfy the

requisites set out in paragraphs (c) and (d) of regulation 4 to obtain a

temporary Skills Pass valid for six (6) consecutive months

1. Full-time students enrolled with any recognised

Maltese educational institution; and

2. Students enrolled in an English language learning

course in Malta with a licensed English language teaching

school

Provided that if any such persons require a Skills Pass for

more than six (6) consecutive months they shall satisfy all the

requisites set out in regulation 4.

PART II

The following persons are not required to satisfy the requisites

set out in paragraphs (c) and (d) of regulation 4 to obtain a Skills Pass

1. Students enrolled in tourism and hospitality related

courses offered by the Institute, excluding the courses listed in

the First Schedule; and

2. Students enrolled in tourism and hospitality-related

courses provided by recognised licenced educational institutions

within a Member State, who shall be taking part in an internship

with a tourism and hospitality operation in Malta.

€0.54

Any person who is, or is deemed to be a tourism and

hospitality worker shall obtain a Skills Pass to work within a tourism

and hospitality establishment as from the following dates

(a) from the date of the coming into force of these

regulations in the case of any person being a third country

national who has not yet commenced working with a tourism and

hospitality establishment in Malta

Provided that in the case of any person being a third

country national who by the date of coming into force of these

regulations has already submitted and paid the required fee for

an employment licence or permit with the relative competent

government entities, paragraph (b) shall apply;

(b) from the 1st January 2025 it shall apply to all tourism

and hospitality workers who, before, on and, or after the coming

into force of these regulations, are and, or shall be working

within a tourism and hospitality establishment in Malta and who

shall be seeking to renew any applicable work permits with the

relative competent government entities; and

(c) from the 1st January 2026 it shall apply to all tourism

and hospitality workers not referred to in paragraphs (a) and (b),

who on and, or after the coming into force of these regulations

are and, or shall be working within a tourism and hospitality

establishment.

(1)

The Institute shall issue a Skills Pass to any person Skills Pass.

who

(a)

is at least sixteen (16) years of age;

(b) has filed the appropriate application form with the

Institute and paid any applicable fees;

(c) has attended the applicable tourism and hospitality

courses for the role that the applicant intends to undertake within

a tourism and hospitality establishment; and

(d) has passed all obligatory assessments and interviews

of the applicable tourism and hospitality courses

Provided that the persons referred to in Part II of the

Second Schedule shall not be required to satisfy the requisites of

paragraphs (c) and (d) in order to obtain a Skills Pass.

(2) The persons referred to in Part I of the Second Schedule

shall not be required to satisfy the requisites of sub-regulation 1(c) and

(d) in order to obtain a temporary Skills Pass. Such temporary Skills

Pass issued in accordance with this sub-regulation shall only be valid

for six (6) consecutive months.

(3) A tourism and hospitality operator may apply on behalf of a

tourism and hospitality worker working within, or who is or shall be

working within its tourism and hospitality establishment and who he

believes has the required skills and, or specialised knowledge, which

skills and, or knowledge exceed the requirements for the issuance of

the Skills Pass in accordance with sub-regulation (1). When the

applicant successfully passes all relative assessments and interviews,

the Institute may decide that the applicant is not required to attend all

modules forming part of the applicable tourism and hospitality course

Provided that where the tourism and hospitality worker

fails one or more relative assessments and interviews, he shall undergo

all the courses in accordance with regulation 4(1)(c) and the relative

assessments and interviews in accordance with regulation 4(1)(d).

(4) A Skills Pass as issued by the Institute shall only be valid

for the role for which the worker had applied and successfully

undergone relative courses and assessments and interviews.

(1) All tourism and hospitality operators shall ascertain

that all tourism and hospitality workers working within their tourism

and hospitality establishments are in possession of a valid Skills Pass.

(2) Tourism and hospitality operators shall maintain a record of

every Skills Pass obtained by the tourism and hospitality workers

working within their tourism and hospitality establishment and of any

other document relating to the engagement of such tourism and

hospitality workers, such as any document pertaining to the tourism

and hospitality workers’ remuneration, contracts of engagement, time-

sheets and proof of payment and, or other similar documents.

(1) Any government department or entity, including the

Authority, or any other person so authorised by the same, may request

any person to provide evidence in paper or electronic form of the

tourism and hospitality workers who obtained the necessary Skills

Pass.

(2) It shall be the duty of the tourism and hospitality operator

to submit to any government department or entity, including the

Authority, or any other person so authorised by the same, copies of any

necessary documents when so requested

Provided that the tourism and hospitality operator shall

submit the documentation by any means as shall be indicated by the

relative government department or entity or any person so authorised

by the same within such date specified in such communication.

(3) Without prejudice to any other provision in any law, the

Authority may exchange information and documentation that is in its

possession with any other government department or entity for the

purposes of enforcement.