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L.S. 594.17(R) Regolamenti fuq id-Dokumentazzjoni dwar Ħaddiema li Jibdew jew Itemmu Impieg Imħassrin bl-Avviż Legali 137 tal-2023

MANPOWER RECORDS (COMMENCEMENT OR TERMINATION OF EMPLOYMENT) [ S.L.594.17 1 SUBSIDIARY LEGISLATION 594.17 MANPOWER RECORDS (COMMENCEMENT OR TERMINATION OF EMPLOYMENT) REGULATIONS * 1st October, 1993 LEGAL NOTICE 110 of 1993, as amended by Legal Notices 144 of 1999, 424 of 2007, 426 of 2012 and XXIX of 2019. 1. The title of these Regulations is the Manpower Records (Commencement or Termination of Employment) Regulations. Citation. 2. In these regulations words and phrases shall have the same meaning as is assigned to them under the Employment and Training Services Act. Interpretation. Cap. 594. 3. (

  1. a)Any person, hereinafter referred to as an employer, who employs another person whole-time, part-time or otherwise under a definite or indefinite contract or on probation, shall notify the Corporation of such employment as herein determined. Corporation to be notified about employment. (
  2. b)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 e m p l o y m e n t w i t h a n e m p l o y e r, s h a l l n o t i f y t h e Corporation of such occupation as herein determined. (
  3. c)In addition to the duty of an employer under paragraph (a), any penon who, while registering with the Corporation as a person seeking employment and is registered as such with the Corporation under Part I or Part II of the Register, is employed by another person, whether whole-time, part-time or otherwise, and whether under a definite or under an indefinite contract or on probation, such person shall inform the Corporation of such occupation as herein determined. 4. The notification referred to in the preceding regulation shall be made not later than the same day of the commencement of employment or self-employment on the relative engagement form as specified in the First Schedule or in the Second Schedule, as the case may be, and the Corporation shall issue an acknowledgement therefor as early as possible. Engagement form and its notification. Amended by: L.N. 144 of 1999. 5. Any person performing work in a factory, office, shop or other of place of work shall be deemed for the purposes of these regulations to be in employment or self-employed. Presumption of gainful occupation. *These regulations have been repealed by Legal Notice 137 of 2023. 2 [ S.L.594.17 Restricted employment of minors of compulsory school age. Amended by: L.N. 424 of 2007. Cap. 605. MANPOWER RECORDS (COMMENCEMENT OR TERMINATION OF EMPLOYMENT) 6.

(1)No person shall employ a minor of compulsory school age except: (i) where the Minister responsible for education grants written permission to employ such minor in terms of article 58
(1),
(2)and
(3)of the Education Act; or (ii) under an apprenticeship indenture or training scheme approved by the Minister responsible for education in virtue of article 43
(3)of the Education Act: Provided that the employer shall be bound to ensure that t h e c o n d i t i o n s , i f a n y, l a i d d o w n i n t h e m e n t i o n e d w r i t t e n permission or apprenticeship indenture or training scheme are complied with. Cap. 446. Prohibited employment. Amended by: L.N. 424 of 2007. Cap. 446. Termination of employment to be notified to Corporation. Amended by: L.N. 144 of 1999.
(2)Any employer who fails to comply with any of the provisions of this regulation shall be guilty of an offence and shall on conviction be liable to a fine (multa) of not less than two hundred and thirty-two euros and ninety-four cents (232.94) and not exceeding two thousand and three hundred and twenty-nine euros and thirty-seven cents (2,329.37), and the Court may, at the request of the prosecution and in addition to such punishment, order the suspension or cancellation of any licence held by the offender and relating to trade or business, or relating to any business premises where the persons are employed. The provisions of the Probation Act shall not be applicable in respect of such offence. 7. Any employer who employs any person who is not a citizen of Malta, other than such person as may be in possession of a work permit, shall be guilty of an offence and shall be liable, on conviction, to a fine (multa) of not less than one thousand and one hundred and sixty-four euros and sixty-nine cents (1,164.69) and not exceeding two thousand and three hundred and twenty-nine euros and thirty-seven cents (2,329.37), and the Court shall, at the request of the prosecution and in addition to such punishment, order the suspension or cancellation of any licence held by the offender and relating to trade or business, or relating to any business premises where such person is employed. The provisions of the Probation Act shall not be applicable in respect of such offence. 8. (
  1. a)When a contract of employment is terminated the employer shall, within four days from the date of termination, notify the Corporation by means of the termination form as specified in the Third Schedule, duly signed, of the date of termination. The Corporation shall then issue an acknowledgement therefor as soon as possible. (
  2. b)The provisions of paragraph (
  3. a)shall apply mutatis mutandis to a self-employed person, when such person ceases to be engaged in a gainful occupation as is referred to in regulation 3(b). List of employees. 9. Every employer shall submit to the Corporation a list of MANPOWER RECORDS (COMMENCEMENT OR TERMINATION OF EMPLOYMENT) [ S.L.594.17 3 employees who were in his employ at any given time as required by the Corporation. 10. Any person who contravenes or fails to comply with any of the provisions of regulations 3, 4, 8 and 9 shall be guilty of an offence and shall be liable on conviction to a fine (multa) of not less than one hundred and sixteen euros and forty-seven cents (116.47) and not exceeding one thousand and one hundred and sixty-four euros and sixty-nine cents (1,164.69), and the Court may, in addition to such punishment, order the suspension or cancellation of any licence held by the offender and relating to trade or business, or relating to any business premises where the persons are employed. The provisions of the Probation Act shall not be applicable in respect of such offence: Provided that no proceedings shall he taken against any person who, after receiving an intimation by the Corporation for the payment of a penalty not exceeding fifty-eight euros and twenty-three cents (58.23) for having contravened the provisions of these regulations, complies with the provisions of these regulations and pays such penalty to the Corporation in either case within fifteen days from the date of the receipt by him of such intimation. Penalties. Amended by: L.N. 424 of 2007. Cap. 446. [ S.L.594.17 4 MANPOWER RECORDS (COMMENCEMENT OR TERMINATION OF EMPLOYMENT) FIRST SCHEDULE Substituted by: L.N. 144 of 1999. Amended by: L.N. 426 of 2012. EMPLOYMENT AND TRAINING CORPORATION Declaration of Commencement of Employment for Employed Persons Notes for Employers: 1. This form should be filled in for each new employee. 2. In every case of new employment, this form duly filled is to be sent to this Corporation on the same day of commencement of employment. 3. If this is the first-time job of the person you are now taking in employment such person should provide you with:
  4. a)An informal birth certificate from the Public Registry (if under 21 years of age)
  5. b)Legally valid identification document
  6. c)Forms NI 3 and NI 5 from the Department of Social Security or, if applicable, in the case of non-Maltese nationals, a certificate from the same department regarding exemption from Social Security contributions. 4. Children who have not attained the age of 16 or who attained the age of 16 between 15th July of the year immediately preceding the current year and the 16th July of the current year, should provide you with a school exemption certificate. This certificate is obtainable from the Welfare Section of the Education Department, The Mall, Floriana. To obtain this certificate the applicant must present the said Department with:
  7. a)An informal birth certificate
  8. b)A declaration from the applicant’s intending employer, and
  9. c)A certificate from the school last attended This also applies to persons of compulsory school age who intend to work during the summer months only. 5. A person born outside Malta who has not yet reached the age of 21 years and who holds dual nationality (Maltese and that of another country), requires a certificate regarding his or her nationality from the Office of the Prime Minister (Department of Citizenship and Expatriate Affairs). 6. A non-Maltese national requires an Employment Licence obtainable from the Department of Citizenship and Expatriate Affairs before being employed. MANPOWER RECORDS (COMMENCEMENT OR TERMINATION OF EMPLOYMENT) [ S.L.594.17 5 7. The certificates indicated in paragraph 3(
  10. a)and if applicable, the certificates indicated in paragraphs 4, 5 and 6 are to be sent to this Corporation together with this form. 8. The terms used in the second column of Part II of this declaration (Employment details) should be interpreted as fo1lows:
  11. a)"Definite Contract" refers to temporary employment meaning that a predetermined termination date is agreed to by both employer and employee;
  12. b)"Indefinite Contract" refers to permanent employment, meaning that employment remains valid until one of the parties concerned decides to tertninate it;
  13. c)"Casual worker" is one who is called up for duty not on a fixed regular basis;
  14. d)"Outworker" is one who works from his own residence and is paid on a per item basis and not with a fixed salary;
  15. e)"Apprentice" is one who is still enrolled in an educational or training scheme and at the same time is attached to the employer as part of that scheme;
  16. f)Student is a person who (
  17. i)is studying full-time and receives a stipend, and (
  18. ii)is working and/or training during the school holidays. 9. In Part III (Employer Details), "Employer No:" is one given to you by the Corporation when you registered as a company or self-employed with employees. If this is the first time that you are employing anybody and still do not have this number, just leave it blank. Yet all other details have to be filled in. 10. Declaration forms should be sent - in Malta, to: in Gozo, to: E m p l o y m e n t a n d T r a i n i n g Employment and Training Corporation Corporation Human Resources Information Mgarr Road, Unit PO Box 20 Victoria Birzebbugia BBG 01 I n c a s e o f d i f f i c u l t y p h o n e In case of difficulty phone 684940 561513 A receipt will be issued for each form received. 11. Any employer who does not send in this declaration in the stipulated time is liable to a fine as envisaged in the Manpower Records (Commencement or Termination of Employment) Regulations. 12. These notes are for information purposes only. 6 [ S.L.594.17 MANPOWER RECORDS (COMMENCEMENT OR TERMINATION OF EMPLOYMENT) MANPOWER RECORDS (COMMENCEMENT OR TERMINATION OF EMPLOYMENT) [ S.L.594.17 7 [ S.L.594.17 8 Added by: L.N. 144 of 1999. Amended by: L.N. 426 of 2012. MANPOWER RECORDS (COMMENCEMENT OR TERMINATION OF EMPLOYMENT) SECOND SCHEDULE EMPLOYMENT AND TRAINING CORPORATION Declaration of Commencement of Employment Self Employed Persons Notes for self-employed persons: 1. This declaration should be filled in by persons starting self employment for the first time and by persons who were previously self employed, have stopped and now want to re-start. 2. When a self-employed person employs any employees he should fill in this Declaration of Commencement and also the Declaration of Commencement of Employment for Employed Persons for each employee commencing employment with him. 3. This Declaration should be filled in and sent to the Corporation on the same day of commencement of work. 4. If this is your first time employment, you will need:
  19. a)An informal birth certificate from the Public Registry (if under 21 years of age)
  20. b)Legally valid identification document
  21. c)Forms NI 3 and NI 5 from the Department of Social Security or, if applicable, in case of non-Maltese nationals, a certificate from the same department regarding exemption from Social Security contributions. 5. A person born outside Malta who has not yet reached the age of 21 years and who holds dual nationality (Maltese and that of another country), requires a certificate regarding his or her nationality from the Office of the Prime Minister (Department of Citizenship and Expatriate Affairs). 6. A non-Maltese national requires an Employment Licence obtainable from the Department of Citizenship and Expatriate Affairs before being employed. 7. The certificates indicated in paragraph 4(
  22. a)and, if applicable, the certificates indicated in paragraphs 5 and 6, are to be sent to the Corporation together with this form. 8. In this Declaration, the terms - "address" in Part I refers to the home address of the self employed person. "place of employment" in Part II refers to the town or village where the work is MANPOWER RECORDS (COMMENCEMENT OR TERMINATION OF EMPLOYMENT) [ S.L.594.17 9 located, if this is done in a fixed place. "business address" in Part II refers to place where you receive your business mail which should not be a PO Box number. 9. This declaration, together with any other forms that have to be sent in, should be addressed to: in Malta, to: in Gozo, to: E m p l o y m e n t a n d T r a i n i n g Employment and Training Corporation Corporation Human Resources Information Mgarr Road, Unit PO Box 20 Victoria Birzebbugia BBG 01 I n c a s e o f d i f f i c u l t y p h o n e In case of difficulty phone 684940 561513 A receipt will be issued for each form received. 10. Any self employed person who does not send in this declaration in the stipulated time is liable to a fine as envisaged in the Manpower Records (Commencement or Termination of Employment) Regulations. 11. These notes are for information purposes only. 10 [ S.L.594.17 MANPOWER RECORDS (COMMENCEMENT OR TERMINATION OF EMPLOYMENT) MANPOWER RECORDS (COMMENCEMENT OR TERMINATION OF EMPLOYMENT) [ S.L.594.17 11 12 [ S.L.594.17 MANPOWER RECORDS (COMMENCEMENT OR TERMINATION OF EMPLOYMENT) THIRD SCHEDULE Added by: L.N. 144 of 1999. EMPLOYMENT AND TRAINING CORPORATION Declaration of Termination of Employment Explanatory notes: 1. This declaration should be filled in by: ꞏ The Employer when a contract of employment has terminated. ꞏ The Employer when an employee’s employment status is changed, e.g. from part-time to full-time, or from a definite contract to an indefinite contract, or for any other reason. ꞏ The self employed person on ceasing to be self-employed. 2. This Declaration should be used in both full-time and part-time employment and, or self-employment. 3. The Declaration should be sent in to the Corporation within FOUR DAYS from the date of termination to: in Malta, to: in Gozo, to: E m p l o y m e n t a n d T r a i n i n g Employment and Training Corporation Corporation Human Resources Information Mgarr Road, Unit PO Box 20 Victoria Birzebbugia BBG 01 I n c a s e o f d i f f i c u l t y p h o n e In case of difficulty phone 684940 561513 A receipt will be issued for each form received. 4. Persons who are obliged to send in this declaration and do not do so within the stipulated time, are liable to a fine as envisaged in the Manpower Records (Commencement or Termination of Employment) Regulations. 5. These notes are for information purposes only. MANPOWER RECORDS (COMMENCEMENT OR TERMINATION OF EMPLOYMENT) [ S.L.594.17 13

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AI explanation based on the official legal text. Indicative, not a substitute for legal advice.