1 / 3
Caption Text
2 / 3
Caption Two
3 / 3
Caption Three

The Employment and Training Services ACT

The Employment and Training Services Act which regulates Malta’s public employment service has entered into force in a continued effort to enhance the labour market and sustain a healthy economy. The Act includes a number of important amendments addressed at both jobseekers and employers so as to serve as a better deterrent to undeclared work.

Update Yourself.

Consult the Act

FAQs

Employment Records

Article 36 of the Employment and Training Services Act 2018 states that; “Any employer who employer another person, whole-time, part-time or otherwise under a definite or indefinite contract, or on probation, shall notify Jobs plus of such employment by any means which may be established by Jobsplus from time to time”. Notifications must be made on the prescribed Form and may be submitted either On-Line, by post or dropped at any Job Centre.

Article 37 of the Employment and Training Services Act 2018 states that; “Any person, hereinafter referred to as a ‘self-employed’ person who takes up a gainful occupation, whole-time, part-time or otherwise, other than in a contract of employment with an employer shall notify Jobs plus of such employment by any means which may be established by Jobsplus from time to time”. Notifications must be made on the prescribed Form and may be submitted either On-Line, by post or dropped at any Job Centre.

Article 40 (1) of the Employment and Training Services Act 2018 states that; “When a contract of employment is terminated, the employer shall within four (4) days from the date of termination, notify Jobsplus, by any means as may be established from time to time, of the date of termination. Jobsplus shall then issue an acknowledgement as soon as possible”. Notifications must be made on the prescribed Form and may be submitted either On-Line, by post or dropped at any Job Centre.

Article 40 (2) of the Employment and Training Services Act 2018 states that; “The provisions of sub article (1) above, shall apply mutatis mutandis to a self-employed person, when such person ceases to be engaged in a gainful occupation.

Article 39 clearly states that; “For the purpose of this Act, a person performing work in any place of work shall be deemed to be employed or self-employed”. Maltese labour laws allow for a period of Probation. That is the time for the employer to judge whether the new employee possesses the declared skills or not.

The only exceptions would be in cases of official Apprenticeships, Traineeships and Internships. In any case these must be covered by the required documentation / permits.

When Jobsplus Compliance officers conduct an inspection at a place of work and it results in an infringement with regards to Employment Records, the employer will receive an intimation by Jobsplus for the payment of a penalty of five hundred euro (€500) for having contravened these articles (articles 36,37,39 and 40). If the employer pays the penalty and complies with such provisions within fifteen days, the case stops there.

In the event that such penalty is not paid in accordance with the preceding paragraph, such employer shall be liable to a fine {multa) of not less than five hundred euro (€500) and not more than two thousand five hundred euro (€2,500).

Employment of Minors

Article 42 states that no person shall employ a minor of compulsory school age except where the Minister responsible for Education grants written permission to employ such minor in terms of the Education Act or under any Training Scheme approved by the Minister responsible for Education in terms of the Education Act or as provided for in any other Law. Provided also that the employer shall be bound to ensure that the conditions, if any, laid down in the mentioned written permission or training scheme, are compiled with.

Any person who contravenes the provisions of article 42, shall be liable, on conviction, to a fine (multa) of not less than one thousand euro (€1,000) and not more than five thousand euro (€5,000).

Employment of Third Country Nationals

All the above applies to all employees, moreover in the case of Third Country Nationals, they would also need to be in possession of a Single Work/Residence Permit or an Employment Licence as the case may be.

Jobsplus will only accept Engagement Forms for Third Country Nationals if a copy of the Single Permit/Employment Licence accompanies them. Also. The Employment and Training Services Act 2018 Article 43 states that any employer who employs any person who is not a Maltese/EU National, other than such person as may be in possession of a Single Permit or Employment Licence, shall be guilty of an offence.

Any person who contravenes the provisions of Article 43 shall, on conviction, be liable to a fine of not less than two thousand euro (€2,000) and not more than five thousand euro (€5,000) as well as a suspension of the applicable business or trade licence.

Enforcement

The Minister may designate in writing specified Enforcement Officers of Jobsplus or any other person to be inspectors for the purposes of this Act. These Compliance Officers are issued with an identification tag and this has to be shown to the employer when conducting their inspection.

Designated Compliance Officers are empowered to enter freely and without previous notice at all reasonable times any premises or place liable to inspection under the Employment and Training Services Act 2018. They are also empowered to carry out in any such premises or place, any examination, test or inquiry that they may consider necessary in order to satisfy themselves that the provisions of this Act or any regulations or orders thereunder as well as any recognised conditions of employment are being observed.

Any person who, in connection with any matter under this Act, furnishes any information which s/he knows to be false in a material particular, or recklessly furnishes any information which is false in a material particular, or with intent to deceive produces, furnishes, sends or otherwise makes use of any document which is false in a material particular shall be guilty of an offence. This also applies to any person who wilfully refuses or without lawful excuse (the proof whereof shall lie on him) withholds any material information. In both cases, on conviction be liable to a fine (multa) of not less than five hundred euro (€500) but not exceeding two thousand five hundred euro (€2,500) or to imprisonment for a period not exceeding one year, or to both such fine and imprisonment.

Notwithstanding any other Law, proceedings for an offence under this Act, or of any regulations or orders made thereunder may be commenced at any time within six (6) years from the commission of the offence.

Freephone

153

Opening Hours

Monday to Friday
from 8:00 till 16:00