TOURISM AND HOSPITALITY SKILLS PASS REGULATIONS

SUBSIDIARY LEGISLATION 409.22

TOURISM AND HOSPITALITY SKILLS PASS

REGULATIONS

28th May, 2024

LEGAL NOTICE 78 of 2024, as amended by Legal Notices 113 and

294 of 2025.

(1)

The title of these regulations is the Tourism and

Hospitality Skills Pass Regulations.

(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.

Tourism and hospitality courses

1. The Institute shall carry out 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 Authority, as established by article 3 of the Further and

Higher Education Act

(a)

bar staff;

(b)

front office staff;

(c)

restaurant staff;

(d)

kitchen staff;

(e)

other front-facing occupations as may be

published in the Gazette and on any website designated as the

official Skills Pass website.

2. The nomenclature used for the job categories above-

mentioned 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. The Institute shall direct applicants to the appropriate

courses that it 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

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;

"Pre-Departure Integration Course" means any course

that any person, who is a third country national, may be

required to undertake, prior to entering Malta for the purpose of

employment, as may be required by any competent authority,

irrespective of the nature of the work or employment to be

carried out in Malta;

"Skills Pass" means the certification as referred to in

regulation 4;

"tourism and hospitality courses" means the courses

TOURISM AND HOSPITALITY SKILLS PASS

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 third

country national, who intends to enter Malta to work 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 established in paragraphs (c) and (d) of regulation 4 to

obtain a temporary Skills Pass

1. Full-time students enrolled with any recognised Maltese

educational institution, in which case a temporary Skills Pass valid for

six (6) consecutive months shall be issued;

2. Students enrolled in an English language learning course

in Malta with a licensed English language teaching school, in which

case a temporary Skills Pass valid for six (6) consecutive months shall

be issued; and

3. Students enrolled in tourism and hospitality related

courses provided by recognised licensed educational institutions

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

tourism and hospitality operation in Malta, in which case a temporary

Skills Pass valid for the duration of the internship shall be issued

Provided that if any such persons require a Skills Pass for

more than the term indicated, they shall satisfy all the requisites

established in regulation 4.

PART II

The following persons are not required to satisfy the requisites

established 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 any courses required for the

obtainment of a Skills Pass; and

2. Applicants who have already obtained a full qualification

as per the below, and duly applied with the Institute to have the same

qualification recognised and subsequently awarded an equivalent level

of the Skills Pass

MQF Level

Colour

Minimum ECTS

MQF Level 2

Yellow

VNFIL Award (no

ECTS)

MQF Level 3

Green

VNFIL Award (no

ECTS)

MQF Level 4

Silver

VNFIL Award (no

ECTS)

MQF Level 5

Gold

VNFIL Award (no

ECTS)

MQF Level 6

Ruby

MQF Level 7

Platinum

Any third country national who intends to enter Malta to

work as a tourism and hospitality worker, shall be required to obtain a

Skills Pass in order to work within a tourism and hospitality

establishment.

(1)

The Institute shall issue a Skills Pass to any

person 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;

(e)

has passed any Pre-Departure Integration Course

and obtained the necessary certification confirming this

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 such term as indicated in Part I of the Second Schedule.

(3)

Repealed by Legal Notice 294 of 2025.

(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.