Cap. 594 ст. 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 sub-articles (2) and (3), be recruited through the employment service provided by Jobsplus.

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

(a) 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

(b) persons engaged from outside Malta,

Jobsplus may cause or authorise recruitment, whether through referral by it or otherwise, under such conditions or in such manner as Jobsplus 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 Jobsplus.

(3) Under such circumstances, and in respect of such vacancies, as may be prescribed, Jobsplus shall refer for employment with any employer as is referred to in sub-article (1), in preference to any other person, persons who, within the three (3) months immediately preceding such referral, have been discharged as redundant from such employment as may be prescribed.

(4) If upon a request for employees made to Jobsplus by a Government department or any other employer as is referred to in sub-article (1), Jobsplus is unable to submit suitable applicants, the department or other employer may recruit the employees required in virtue of such other arrangements as Jobsplus may authorise in any case or class of cases.

(5) A Government department or other employer as is referred to in sub-article (1), rejecting an applicant submitted by Jobsplus shall specify in writing the reasons for rejection. Where in any case Jobsplus, 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 Jobsplus.

(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 sub-article (1) on the grounds of sex, religion or belief, economic means, race or ethnic origin, political opinion, disability, colour, sexual orientation or gender identity, shall be guilty of an offence against this Act.