Cap. 343 Art. 15Engagement of employees by Government and Government owned or controlled bodies and companies.

(1) All employees required by the Government of Malta from outside its service or by any body corporate or company referred to in article 110(6) of the Constitution whether these are, in each case, employed on a contract for a specified time or for an indefinite period, shall, save as provided in the Constitution and in subarticles (2) and (3) of this article, be recruited through the employment service provided by the Corporation.

(2) Where the recruitment of employees by the Government or any other employer to which subarticle (1) refers is in connection with the employment of -

(i) persons required to fill posts, on the basis of a contract for a definite time requiring a special trust or posts for which academic or professional qualifications are necessary; or

(ii) persons engaged from outside Malta, the Corporation may cause or authorise recruitment, whether through referral by it or otherwise, under such conditions or in such manner as the Corporation may deem appropriate:

Provided that any employee who is employed by the Government of Malta or by any body corporate or company referred to in article 110(6) of the Constitution from amongst persons who already are public officers or are employees of any other body corporate or company referred to in article 110(6) of the Constitution, then such employee shall be deemed to have been employed through the recruitment service provided by the Corporation.

(3) Under such circumstances, and in respect of such vacancies, as may be prescribed, the Corporation shall refer for employment with any employer as is referred to in subarticle (1), in preference to any other person, persons who, within the three subarticle (1), the Corporation is unable to submit suitable applicants, the department or other employer may recruit the employees required in virtue of such other arrangements as the Corporation may authorise in any case or class of cases.

(5) A Government department or other employer as is referred to in subarticle (1), rejecting an applicant submitted by the Corporation shall specify in writing the reasons for rejection. Where in any case the Corporation, after due investigation, is satisfied that the department or employer has rejected an applicant without just cause, it may order the department or employer concerned to give employment to the applicant concerned in the occupation for which he was originally submitted by the Corporation.

(6) Any person who -

(a) contravenes any of the foregoing provisions of this article; or

(b) shows favour to, or uses discrimination against, any person for employment with any employer referred to in subarticle (1) on the grounds of race, colour, sex, creed or on the grounds of his party or other political beliefs or associations, shall be guilty of an offence against this Act.