Paul Gonzi is a partner at Fenech & Fenech Advocates specialising in Employment Law, Data Protection and TMT Law and assists clients in both litigious and non-litigious matters
Mattea Pullicino is an Associate at Fenech & Fenech Advocates specialising in Employment and Data Privacy Law, and assists clients in both litigious and non-litigious matters
A Bill seeking to amend Chapter 210 of the Laws of Malta, the Persons with Disability (Employment) Act (the Act), has been tabled before the House of Representatives. The Bill seeks to update the provisions of the Act relating to the quotas for the employment of persons with disability and to address other consequential amendments thereto.
Chapter 210 currently regulates several matters appertaining to the employment of persons with disability, including the setting of a Register of Persons with Disability and the obligation on certain employers that engage more than 20 employees to employ persons with disability based on a defined quota (currently 2% of the workforce).
If the quota is not respected, the Corporation is empowered to ask that the employer pays an annual contribution of €2,400 per person with disability that should be in employment, up to a maximum €10,000.
An offence against the Act, on conviction, gives rise to a fine (multa) not exceeding €232.94 and/or imprisonment.
Among the most noteworthy amendments, the Bill proposes:
With regards to the penalties established under Article 29 of the Act, the Bill proposes to do away with the imprisonment penalty and instead stipulates that failure to pay the contribution within the time established by the Corporation shall be considered to be an offence and upon conviction, a person shall become liable to the payment of the contribution and the fine (multa). This is to be read in conjunction with the existing Article 30, which provides that where an offence against the Act or any regulations made thereunder is committed by an association of persons, every person who, at the time of the commission of the offence, was a director, manager, secretary or other similar officer of such association or was purporting to act in any such capacity, shall be guilty of that offence unless he proves that the offence was committed without his knowledge and that he exercised all due diligence to prevent the commission of the offence.
The Bill is still being discussed at a legislative level and further amendments to such Bill may therefore be implemented. Employers ought to keep in mind the various laws which regulate equal opportunities and persons with disability as well as the fiscal incentives that are applicable to employers who employ persons with disability.
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