AUXILIARY WORKERS AND TRAINING SCHEME [ S.L.594.15 1 SUBSIDIARY LEGISLATION 594.15 AUXILIARY WORKERS AND TRAINING SCHEME REGULATIONS 16th February, 1988 LEGAL NOTICE 15 of 1988, as amended by Legal Notices 134 of 1990 and 16 of 1991; and Act XXVII of
- The title of these regulations is the Auxiliary Workers and Training Scheme Regulations.
- In these regulations, unless the context otherwise requires: "Act" means the Employment and Training Services Act; "auxiliary worker" shall have the same meaning as that in the Act; Citation. Interpretation. Amended by: L.N. 134 of 1990; L.N. 16 of
- Cap.
- "Director of Labour" includes any officer of the Department of Labour who is authorised by the Director to act on his behalf, and "Director" shall be construed to have the same meaning; "employment service" has the same meaning as that in the Act; "Minister" means the Minister responsible for labour; "the scheme" means the Auxiliary Workers and Training Scheme. 3.
(1)The Director of Labour shall be directly responsible for the administration and management of the scheme.
(2)The Minister may direct officers of the Department of Labour or of Jobsplus to be seconded for duties with the scheme.
(3)The Director shall execute such policy directives issued by the Minister and observe such regulations or instructions as are issued under labour laws. 4.
(1)The Director shall provide and seek temporary work for auxiliary workers in the Government, parastatal and private sectors and carry out the projects entrusted to it. Responsibility of the Director. Revoked by: L.N. 134 of 1990. Added by: L.N. 16 of 1991. Amended by: XXVII. 2016.6. The work phase. Amended by: L.N. 16 of 1991.
(2)The Board shall appoint a manager who shall be responsible for the daily administration of the scheme with regard to matters related to the work phase as well as to the execution of projects for which the scheme will be directly responsible. 5.
(1)Enrolment in the scheme shall take place following written applications according to calls made from time to time by the employment service and published in the Government Gazette for categories of persons from among those referred to in the Act. The employment service may also offer persons registering for work to join the scheme and, for the purposes of the Register of Applicants for Employment (Part Two) Order, membership in the scheme shall be considered as an offer of suitable employment.
(2)Prior to being enrolled in the scheme, a person shall be served with a written notice regarding the general conditions of work and training and shall complete the enrolment form and sign the necessary statements for the purposes of the contract of work Enrolment in the scheme. Amended by: L.N. 16 of 1991. S.L.594.14 2 [ S.L.594.15 AUXILIARY WORKERS AND TRAINING SCHEME and training under the scheme.
(3)Saving the provisions of any other law regarding false statements, any person making a false statement shall forfeit the ri ght of enrolment under the scheme and should such false statement be discovered subsequently to such person’s enrolment under the scheme, such person shall be automatically dismissed.
(4)The officer in charge shall be satisfied that the individual shall have understood the contents of the notice and of the enrolment form as well as the statements signed by him.
(5)A person shall become an auxiliary worker under the scheme on signing the said statements.
(6)When the term in the scheme is to be renewed, account will be taken of the behaviour and performance of the auxiliary worker throughout his term within the scheme. Medical examinations. Amended by: L.N. 16 of 1991. 6.
(1)Auxiliary workers shall be subject to such medical examinations as may be necessary from time to time both before and after enrolment in the scheme.
(2)Medical examinations shall be carried out by a Medical Board composed of a panel of medical practitioners and paramedics appointed by the Director. Work clothes and equipment. Amended by: L.N. 16 of 1991. 7.
(1)Auxiliary workers shall wear such work clothes as are normally required in the Government service or in the particular sector to which they will have been attached according to the Director’s decision.
(2)Work clothes and equipment or tools that auxiliary workers shall be provided with shall remain Government’s property and shall be returned in good condition, except for fair wear and tear, within seven days from one’s termination of service in the scheme. Wages. Amended by: L.N. 16 of 1991. 8.
(1)Auxiliary workers shall receive a wage payable every fortnight which shall in no case be lower than the national minimum wage in addition to the bonus.
(2)The Director may, with the approval of the Minister, establish various grades and categories of auxiliary workers and also establish different scales of remuneration based on the type of work assigned, one’s skill, efficiency and trade. Working hours.
- Auxiliary workers shall work an average of forty hours spread over a week of five or six days or the hours of work (or training) as may apply at the place of work or establishment where they are placed. Holidays. Amended by: L.N. 16 of
- 10.
(1)Auxiliary workers are entitled to all those public holidays established by law.
(2)Without prejudice to the exigencies of the service, auxiliary workers shall be entitled to twenty vacation leave days (twenty-four when they work a six-day week) with full pay every calendar year, with effect from the lapse of three months from the date of enrolment in the scheme.
(3)Auxiliary workers shall also be entitled to full pay during sickness up to a maximum of twenty days in a calendar year. AUXILIARY WORKERS AND TRAINING SCHEME [ S.L.594.15 3 Sickness pay shall only be payable if one satisfies the conditions which the Director may set out from time to time, including that requiring auxiliary workers to submit to an examination by the Medical Board or by a medical practitioner appointed by the Medical Board.
(4)Auxiliary workers shall also be entitled to three days leave on marriage and to two days leave on the birth of a child to the auxiliary worker’s wife, provided that the said two days leave are availed of consecutively within one month from the date of the child’s birth.
(5)Auxiliary workers shall also be entitled to two days leave on the death of any of the following relatives: the father, mother, wife, husband, son, daughter and brothers or sisters of the auxiliary worker.
(6)Auxiliary workers shall be entitled to maternity leave as established by law.
(7)Auxiliary workers shall be entitled to their pay when called to serve as jurors in Court. 11.
(1)Auxiliary workers may not perform private work without the Director’s written permission to do so. Other conditions. Amended by: L.N. 16 of 1991.
(2)In those cases where it results that these regulations do not make specific provision, the Director may, in consultation with the Director of Labour, decide and his decision shall be final. 12.
(1)Auxiliary workers are expected to observe the regulations in force from time to time and to carry out the orders and work given to them by their superiors at all levels.
(2)Disciplinary measures may be taken, including dismissal from the scheme, deduction of pay, suspension without pay or with half pay, against auxiliary workers who are found guilty of any offence listed in the Schedule.
(3)There shall be a Disciplinary Board composed of three persons, appointed by the Director to investigate and decide disciplinary cases in the scheme and to determine due punishment, according to the seriousness of the case.
(4)In any disciplinary case, an auxiliary worker shall be given details in writing of the charge brought against him and shall have the right to answer in writing to such charge, without prejudice to the right to appear before the Disciplinary Board if the disciplinary proceedings are continued.
(5)An auxiliary worker has the right to be present during the hearing of his case and the Disciplinary Board shall consider anything that he may say in his defence. In every case, an auxiliary worker shall have the right to hear the evidence against him and cross-examine witnesses, testify on his own behalf, and to summon witnesses for his defence. No auxiliary worker may be compelled to testify in his own defence.
(6)An auxiliary worker may be assisted by another person of his own choice. Discipline. Amended by: L.N. 16 of 1991. 4 [ S.L.594.15 AUXILIARY WORKERS AND TRAINING SCHEME
(7)The Disciplinary Board shall regulate its procedures in such a way that, in conformity with the norms of natural justice, the proceedings are expedited for the early conclusion of cases. Work. 13.
(1)Auxiliary workers are expected to carry out all the work assigned to them accurately and conscientiously as instructed by their superiors and are to do their best to complete the work assigned to them satisfactorily and in the least possible time.
(2)Auxiliary workers may be engaged in construction work, maintenance work, street cleaning, land cultivation schemes, the necessary preparation work for projects or on actual projects, as well as any other work they are capable of carrying out in the Government, parastatal and private sectors, as may be necessary.
(3)Auxiliary workers may be placed with establishments, factories and contractors to carry out work that is suitable to them and/or in which they are receiving training.
(4)An auxiliary worker who rejects an offer for employment without a valid reason loses his right to continue in the scheme. Casual workers. 14. Subject to the provisions of these regulations, casual workers may, while still receiving the wages of the place of work where they are employed as casuals and with other conditions similar to those generally applicable to Government employees, be given work and training within the scheme according to exigencies. Excess workers. 15. Workers employed in terms of article 110 of the Constitution of Malta, who are found to be in excess of the needs of the enterprise within which they are em ployed, may, while remaining on the books of the enterprise under the same conditions, be trained in the scheme if the need arises and perform work which would be as analogous as possible in the scheme while still retaining the right to revert to the enterprise in which they had been employed, when a vacancy occurs. SCHEDULE Regulation 12 List of offences falling under the jurisdiction of the Disciplinary Board: (
- a)absence from work or late attendance for work without a valid reason; (
- b)abandonment of a place of work without permission or a valid reason; (
- c)the utterance of language signifying insubordination to superior officers; (
- d)the use of violence on a superior officer or any other person; (
- e)lack of obedience to a legitimate order or command given by a superior officer; (
- f)loitering or the simulation of illness or disability, bad AUXILIARY WORKERS AND TRAINING SCHEME [ S.L.594.15 workmanship and low productivity; (
- g)the negligent loss or damage of property belonging to Government or to third parties; (
- h)the wilful destruction or damage of any property belonging to Government or to third parties, issued or entrusted to members within the scheme; (
- i)the making or aiding in the making of a false or malicious statement when this is known to be false, or of an omission, with a malicious intent, in a report, prospect, pay list or other document which is drawn up or signed by a member within the scheme, or on whom it is incumbent to check the exactness of the contents thereof; (
- j)failure to attend as a witness in an inquiry about a breach of discipline when an order has been issued summoning such attendance; (
- k)an offence which may lead to criminal proceedings; (
- l)any act, conduct or negligence prejudicial to the good order and discipline of the scheme. 5