Government Notices published in Govt. Gazette No. 20,951 of 28th October 2022

IN exercise of the powers conferred by Article 91 (1) and by Article 124 (5) (a) of the Constitution of Malta, the President of Malta, acting on the advice of the Prime Minister, has approved the appointment as Acting Attorney General of Dr Philip Galea Farrugia, Deputy Attorney General, from the 13th till the 14th October, 2022.

IT is notified for general information that the following Act is published in the Supplement to this Gazette:

Act No. XIV of 2022 entitled the Veterinary Services (Amendment) Act, 2022, Cap. 437.

IT is notified for general information that the following Bill is published in the Supplement to this Gazette:

Bill No. 25 entitled the Employment and Industrial Relations (Amendment) Act, 2022.

COVID-19 Temporary Government FinancialSupport Measures Regulations

IT is notified for general information that in terms of Regulation 4 of Subsidiary Legislation 441.11 entitled COVID-19 Temporary Government Financial Support Measures Regulations, the Minister for the Economy, European Funds and Land hereby appoints Malta Investment Management Company Limited C-9588 (“MIMCOL") as the authorised entity for the purposes of enabling such authorised entity to operate and manage the grant, issuance, distribution, and redemption of the vouchers as well as assist it with any matter relating to the vouchers with retrospective effect from 18th June, 2021.

Explanatory Notes

1. Introduction

2. Summary and background

2.1 Aims & Objectives of the legislation

These amendments have two objectives.

The first objective is to amend article 45 in the English version so that the terminology is consistent with the Maltese version and to update certain paragraphs due to other previous amendments for legal certainty to avoid the possibility of different interpretations.

The second objective is to amend article 36 regarding probation of fixed term contracts to bring it in line with the requirements of Directive (EU) 2019/1152 of European Parliament and of the Council of 20 June 2019 on transparent and predictable working conditions in the European Union.

2.2 Importance of Bill

It is important that the English version of article 45 of Cap 425 is consistent with the wording used in the Maltese version and to amend particular specificities in article 75 with regard to  unfair dismissal to guarantee legal certainty. Article 36 is amended in terms of provisions governing probationary period, and certain subarticles were added so as to regulate probation of fixed term contracts  to bring it in line with the requirements of Directive (EU) 2019/1152 on transparent and predictable working conditions in the European Union.

2.3 Public Consultation

Consultations were held with the Employment Relations Board. The Employment Relations Board is a tripartite Board which comprises also trade unions and employers' associations representatives as stipulated in the Employment and Industrial Relations Act (Cap 452).

3. Overview of the structure of the instrument

This is an amending Bill of the Employment and Industrial Relations Act (Cap 452):

1 – Short title and scope; 

2 – Amendment of article 2 of the principal Act to add a new definition of 'employment relationship';

3 – Amendment of article 36 of the principal Act

Clause 3(1) substitutes sub-article 36 (1) to introduce the maximum probationary period being that of 6 months.

(2) A new sub-article 36(1a) is added. This sub-article introduces the proportionality of the probationary period with the duration of the contract of employment.

(3) A new sub-article 36(1b) is added. This sub-article stipulates the instances when the probationary period can be of 12 months.

(4) A new sub-article 36(1C) is added. This sub-article concerns the suspension of the probationary period.

4 – Amendment of article 45 of the principal Act;

5 – Amendment of article 73 of the principal Act; and

6 – Amendment of article 82 of the principal Act. 

4. Commentary on parts and regulations

Clause 3(1)(2) introducing new sub-article 36(1a) - in the case of fixed-term contracts, the length of the probationary period shall be proportionate to the expected duration of the contract and the nature of the work. The duration of fixed-term contracts shall not be shorter than six months, unless a shorter duration is due to technical reasons or other objective justifications. For a fixed term contract of six months, the probation period cannot exceed two months. For fixed term contracts between six months and fifteen months, the probation period shall be equivalent or less than one month for every three months. For fixed term contracts exceeding fifteen months, the probation period shall not exceed six months.

5. Concluding section

By virtue of this Bill, the measures mentioned above shall enter into force.

N.B. This Explanatory Note is not intended to be an exhaustive description of the instrument nor a substitute thereof or a legislative supplement to it. This Note does not purport to be an authoritative ruling on the interpretation of the legislation.

Annex

Transposition Notes for the transposition of Directive (EU) 2019/1152 of the European Parliament and of the Council of 20 June 2019 on transparent and predictable working conditions in the European Union.

IN accordance with the provisions of subarticle (2) of Article 106 and of subarticle (4) of regulation 21 of the regulations shown under Schedule Thirteen of the General Elections Act (Cap. 354), the Electoral Commission is hereby giving notice that the candidate elected as Member of the House of Representatives in the Casual Election held on Friday, 28th October, 2022, is that whose name is shown hereunder:

Tenth ELECTORAL DIVISION

BUTTIGIEG ALBERT (PN)

J. CAMILLERI

Chief Electoral Commissioner

Mr Mario Callus

Dr Veronique Dalli

Mr Richard Dimech

Dr Dianne Galea

Ms Melanie Mizzi

Ms Marion Portelli

Mr Salvu Sant

Dr Victor Scerri

Mr Angelito Sciberras

Mr Joseph Scicluna

Electoral Commissioners

Office of the Electoral Commission,

Ex-Trade Fair Grounds,

In-Naxxar.

THE Commissioner of Inland Revenue notifies that, on the date shown hereunder, the price of gold and silver on which valuations made by the Consul for Goldsmiths and Silversmiths are based has been fixed for the purposes of article 14 of the said Act as follows: