Rechtsbibliothek und Fallanalyse · Österreich · Belgien · Europäische Union
LAWxPERT Anmelden Kostenloses Konto

Cap. 343 · cap/343 (Cap. 343)

Cap. 343 Art. 2Interpretation.

In KraftAmtlicher Text

In this Act unless the context otherwise requires -

"Authority" means the National Employment Authority established by article 3;

"Board" means the Board of the Corporation; "Corporation" means Jobsplus established by article 5 and, to the extent of the authority given, includes any officer of the Corporation duly authorized by it in that behalf;

"dependants" means individuals wholly or mainly dependant for their maintenance on an individual and being in relation to such individual -

(i) if married - his wife, her husband, his or her children or stepchildren, his or her grandchildren if the parents are dead;

(ii) if unmarried - his or her children, his or her father, or his or her mother, his or her unmarried brothers or sisters;

(iii) if a widower or widow - his or her children or stepchildren, his or her grandchildren, if their parents are dead;

"Director" means the Director of Industrial and Employment Relations and includes any officer of the Department of Industrial and Employment Relations who is authorized by the Director to act on his behalf; "employment agency" or "employment business" means any activity carried out in Malta for the recruitment of persons for employment in Malta or outside Malta;

"financial year" means the period of twelve months ending on the 31st December of any year:

Provided that the financial year which commenced on the 1st October, 2007 shall be for a period of fifteen months and shall terminate on the 31st December, 2008; "Member State" means a member state of the European Economic Area; "Minister" means the Minister responsible for labour and includes, to the extent of the authority given, any person authorised by the said Minister in that behalf for any purpose of this Act; "person" includes a body of persons and any body corporate established by law; "prescribe" means prescribe by regulations made under this Act; "Register" means the Register referred to in article 11.

Employment Authority composed of three independent persons, two other persons appearing to the President to represent the interests of employers and two other persons appearing to the President to represent the interests of employees. In this article "independent persons" means persons who are neither Government employees nor officials of any organization representing employers or employees.

(2) The President shall also appoint a secretary to the Authority.

(3) One of the independent members of the Authority shall be appointed by the President to be chairman and another deputy chairman.

(4) Every member of the Authority shall, before entering upon his duties, take an oath of office before the Attorney General in the form set out in the Schedule to this Act.

(5) Every member of the Authority shall hold office for a term of two years and if otherwise qualified may be re-appointed at the end of his term of office.

(6) The President may determine the remuneration payable to the members of the Authority.

(7) No member of the Authority may be removed from office before the expiration of his appointment except by the President upon a resolution of the House of Representatives praying for such removal on the ground of proven misbehaviour or inability to perform the functions of his office:

Provided that if the House of Representatives stands dissolved or prorogued or adjourned for more than fourteen days, it shall be lawful for the President to suspend any member from his office on the ground of misbehaviour or inability to perform the functions of his office, so however, that such suspensions shall not extend beyond the first three sittings of the House of Representatives immediately following the date of such suspensions.

(8) The quorum of the Authority shall be of three members, one of whom shall be the chairman or the deputy chairman.

(9) Subject to the provisions of subarticle (8), the Authority shall not be disqualified from the transaction of business on account of any vacancy among its members.

(10) The Director and/or any person deputed by him shall have the right to be present at all meetings of the Authority and to be

(12) Decisions of the Authority shall be taken by majority of the votes of the members present. The chairman or, in his absence, the deputy chairman, shall have only a casting vote.

(13) Subject to the provisions of this Act and of any regulations made thereunder, the Authority may regulate its own proceedings.

(14) For the purposes of the following articles of the Criminal Code, that is to say, article 91, articles 115, 119 and 120, articles 124 and 125, article 133 and article 138, the members of the Authority shall be deemed to be public officers.