    PERSONS WITH DISABILITY (EMPLOYMENT)           [ CAP. 210.         1
CHAPTER 210
 PERSONS WITH DISABILITY (EMPLOYMENT) 
ACT 
Amended by: 
XXVI.1995.2.
To provide for the employment of persons with disability and for matters
connected therewith or ancillary thereto.
(7th February, 1969) *
Enacted by ACT II of 1969, as amended by Acts: XIV of 1969, XXII of
1976, XI of 1977, XIII of 1983 and XXVI of 1995.
Short title.
Amended by:
XXVI.1995.2,3.
1. This Act may be cited as the Persons with Disability
(Employment) Act.
Interpretation. 
Amended by: 
XIV.1969.18; 
XXII. 1976.4; 
XI.1977.2; 
XXVI.1995.2,4.
2. In this Act, unless the context otherwise requires -
"association of persons" includes any society of persons, whether
corporate or unincorporate and whether vested with legal
personality or not;
Cap.343.
"the Authority" means the National Employment Authority
established by section 3 of the Employment and Training Services
Act;
"blind person" means a person who has no sight or whose sight
is, or is likely to become, so defective that he is unable to obtain or
keep any employment, or to undertake any work on his own
account, for which sight is essential;
Cap. 247.
"compulsory school age" in relation to any person means the age
at which such person ceases to be subject to the provisions of the
Education Act;
"the Corporation" means the Employment and Training
Corporation established by section 5 of the Employment and
Training Services Act;
"deaf person with speech" means a person who, even with a
hearing aid, has little or no useful hearing and whose normal
method of communication is by speech and lip reading;
"deaf person without speech" means a person who has no useful
hearing and whose normal method of communication is by signs,
finger spelling or writing;
"disablement resettlement services" means such facilities as are
designed to place in suitable employment registered persons;
"industrial rehabilitation courses" means such facilities of
physical training, exercise and occupation conducive to the
restoration of fitness, whereby persons with disability may be
rendered fit for undertaking employment or work on their own
account, of a kind in which they were engaged before they became
disabled or of some other kind suited to their age, experience and
* See  Government Notice No 138 of 7th February, 1969.
  2      CAP. 210. ]         PERSONS WITH DISABILITY (EMPLOYMENT) 
qualifications, or for making use of a vocational training course,
and includes such other incidental facilities as may appear to the
Minister to be requisite for enabling persons attending such courses
to obtain the full benefit thereof;
"Minister" means the Minister responsible for labour; 
"person" includes an association of persons;
"person with disability" means a person, being over compulsory
school age, who, by reason of injury, disease, congenital deformity
or other physical or mental incapacity, is substantially handicapped
in obtaining or keeping employment or in undertaking work on his
own account, of a kind which apart from that injury, disease,
deformity or incapacity would be suited to his age, experience and
qualifications; and the word "disability", in relation to any person,
shall be construed accordingly;
"placement medical officer" means any suitably qualified
medical officer authorized in writing by the Minister;
"prescribed" means prescribed by regulations made by the
Minister under this Act;
"public service" has the same meaning as is assigned to it by
section 124 of the Constitution of Malta;
"the register" means the register of persons with disability kept
under section 5 of this Act;
"registered person" means a person whose name is for the time
being entered in the register;
"suitable employment" means such employment, or such work on
one’s own account, as a placement medical officer, having regard
to the age, experience and qualifications of the person with
disability, considers suitable for that person;
"vocational guidance services" means facilities designed to guide
persons with disability in their choice of employment or work on
their own account, of a kind suited to their age, experience and
qualifications;
"vocational training courses" means facilities for the training of
persons with disability who are in need of training in order to
render them competent to undertake employment or work on their
own account, of a kind suited to their age, experience and general
qualifications.
Provision of 
services and 
courses and 
arrangements by 
the Minister.
Amended by:
XXVI.1995.2,5.
3. (1) The Minister may provide, or make arrangements for
the provision by any government department or the Corporation or
otherwise of - 
( a ) vocational guidance services;
( b ) vocational training courses;
( c ) industrial rehabilitation courses; and 
( d ) disablement resettlement services.
(2) Where any person with disability is receiving any of the
services or is attending any of the courses referred to in subsection
    PERSONS WITH DISABILITY (EMPLOYMENT)           [ CAP. 210.         3
(1) of this section, he shall be under adequate medical supervision.
(3) Any arrangements made by the Minister under subsection
(1) of this section may include the dispensation from or
modification of any qualification or condition relating generally to
the entry, attendance, or otherwise, in respect of any services for
vocational guidance or any courses for vocational or industrial
training provided for persons other than persons with disability.
Defrayment of 
expenses and grant 
of assistance.
4. (1) The Minister may defray, or contribute towards,
expenses incurred - 
( a ) in the provision of vocational training courses or
industrial rehabilitation courses as are referred to in
subsection (1) of section 3 of this Act; and
( b ) by persons attending such courses in travelling to and
from the place where the course is held,
and may also, to or in respect of such persons, grant further
assistance, in cash or in kind, as he may from time to time
determine.
(2) Any assistance granted under subsection (1) of this section
shall be subject to such conditions as the Minister may impose
either generally or in respect of any particular person.
Register of persons 
with disability. 
Amended by: 
XXVI.1995.6.
5. (1) The Corporation shall set up and maintain a Register of
Persons with Disability.
(2) The register shall be kept in such form, and may be divided
into such parts, and entries and alterations therein and removal of
entries therefrom shall be made in such manner, as the Minister
may determine.
Certificate of 
registration.
6. Every person whose name is entered in the register shall be
provided with a certificate of registration and such document shall,
until the contrary is proved, be sufficient evidence of the facts
shown therein.
Power to make 
regulations with 
respect to 
certificates of 
registration.
7. The Minister may make regulations prescribing -
( a ) the manner of issue of certificates of registration;
( b ) the conditions for the issue of a duplicate certificate of
registration on evidence of the loss or accidental
destruction of the original certificate;
( c ) the manner in which such loss or accidental
destruction is to be proved;
( d ) the conditions under which, subject to the provisions
of this Act, any such certificate shall become null and
of no validity; and
( e ) the manner of withdrawal of any certificate issued
under this Act.
  4      CAP. 210. ]         PERSONS WITH DISABILITY (EMPLOYMENT) 
Power to make 
regulations with 
respect to entries in 
register. 
Amended by: 
XXVI.1995.7.
8. (1) The Minister may make regulations prescribing matters
which are to constitute conditions of, or disqualifications from, the
entry or the retention in the register of the names of any persons,
either generally or in particular circumstances, including, without
prejudice to the generality of this power, regulations prescribing
the manner in which a person may apply to have his name entered
or retained in the register.
(2) The matters which may be prescribed under subsection (1)
of this section shall be such as, in the opinion of the Minister, on
the advice of the Authority, are to be so prescribed in order to
secure that the fact that a person’s name is entered in the register
will afford reasonable assurance of his being a person capable of
entering into and keeping employment, or of undertaking work on
his own account, under the conditions under which, in accordance
with the provisions of this Act, employment may be offered to him
or work may be available for him, and the said matters shall,
without prejudice to the generality of this provision, include -
( a ) unreasonable refusal or failure to attend a vocational
training course or an industrial rehabilitation course; 
( b ) unreasonable refusal to accept, or unreasonable failure
to keep, suitable employment;
( c ) the fact that a person is not ordinarily resident in
Malta;
( d ) habitual bad character.
Entry and retention 
of names in the 
register  Amended 
by: XXVI.1995.2,8 .
9. (1) Upon the receipt of any application made in the
prescribed manner the Corporation shall, after ascertaining that any
prescribed condition as to the entry or retention of the applicant’s
name in the register is satisfied and that there is no prescribed
disqualification in respect of such entry or retention, refer the
application to a placement medical officer who shall decide
whether the name of the applicant should be entered or retained in
the register.
(2) Where a placement medical officer is satisfied that any
person whose application has been referred to him under subsection
(1) of this section is a person with disability, and that his disability
is likely to continue for a period of at least twelve months from the
time of the entry or retention, as the case may be, of his name in the
register, he shall inform the Corporation that the name of the
applicant is to be entered or retained, as the case may be, in the
register and the Corporation shall cause such name to be
immediately so entered or to be retained.
Duration of entry 
in register.
Amended by:
XXVI.1995.9.
10. (1) Subject to the provisions of the next following
subsection, when the name of a person has been entered in the
register it shall be retained therein until the expiration of such
period as may have been specified by a placement medical officer
at the time of the entry as the time for which such name is to be
retained therein without further application or until the expiration
of such further period as such name shall have been caused to be
retained under the last preceding section.
    PERSONS WITH DISABILITY (EMPLOYMENT)           [ CAP. 210.         5
(2) If at any time whilst the name of any person is entered in
the register the Corporation is of opinion that any prescribed
condition as to the retention of names in the register applicable to
that person is not satisfied, or that such person is subject to any
prescribed disqualification in that behalf, the Corporation shall
remove from the register the name of that person:
  Provided that, where the prescribed condition or
disqualification, as the case may be, is of a medical nature, the
Corporation shall, before removing the name of such person from
the register, refer the matter to the placement medical officer for
his decision and shall abide thereby.
Placement medical 
officer may seek 
other medical 
advice.
11. A placement medical officer may, before coming to any
decision on any matter referred to him in accordance with the
provisions of this Act, seek the advice of any medical officer in the
public service who shall give his advice as early as possible.
No application for 
entry or retention 
in register may be 
made after refusal 
to enter, or 
removal of, name 
in register. 
Amended by: 
XXVI.1995.10.
12. When an application for the entry or retention of a person’s
name in the register has been refused by the Corporation, or where
the name of a person is not for the time being in the register by
reason of a decision taken under subsection (2) of section 10 of this
Act or a determination of the Authority, no further application may
be made for the entry or retention of such person’s name in the
register unless the circumstances relevant to that decision or
determination, as the case may be, have since changed.
Notification of 
decision by 
Corporation and 
appeal therefrom. 
Amended by: 
XXVI.1995.11.
13. (1) Any decision taken under or in pursuance of the
provisions of this Act shall be notified in writing by the
Corporation to the person to whom it relates.
(2) When any person is dissatisfied with any decision taken as
aforesaid (other than a determination of the Authority), he may
appeal to the Authority against such decision in such manner and
within such time as the Minister may prescribe by regulations made
under this section.
(3) Where the Minister is of opinion that any decision taken
under or in pursuance of the provisions of this Act (other than a
determination of the Authority) should be reviewed by the
Authority, he shall notify the Corporation accordingly and the
Corporation shall refer the matter to the Authority for its
consideration.
(4) The Authority may, in its determination on any appeal
entered in accordance with subsection (2) or on any reference made
under subsection (3) of this section, confirm, reverse or vary, in
whole or in part, the original decision.
Right to remove 
one’s own name 
from register.
Amended by: 
XXVI.1995.12.
14. Notwithstanding anything contained in this Act, any person
whose name is entered in the register shall be entitled to have his
name removed from the register on making a written application
therefor to the Corporation.
Compulsory 
employment of 
registered persons.
Amended by: 
XXVI.1995.13.
15. (1) Any person to whom this section applies shall give
employment to such number of registered persons as is his quota in
accordance with the provisions of section 16 of this Act:
  6      CAP. 210. ]         PERSONS WITH DISABILITY (EMPLOYMENT) 
  Provided that any person to whom, on the coming into operation
of this Act, this section applies, shall (if needs be) comply with the
provisions of this subsection as and when vacancies occur.
(2) A person to whom this section applies shall not at any time
take, or offer to take, into his employment any person other than a
registered person, if, immediately after the taking in of that person,
the number of registered persons in his employment (excluding
persons employed by him in an employment of a class at that time
designated under section 19 of this Act) would be less than his
quota.
(3) The provisions of subsection (2) of this section shall not
apply to a person taking into his employment at any time a person
whom, apart from that subsection, it would have been his
obligation so to take at that time by virtue of an agreement entered
into before the 22nd November, 1968.
(4) The provisions of subsection (2) of this section shall not
apply to a person taking, or offering to take, into his employment
any person in accordance with a permit issued in that behalf by the
Minister under the provisions of section 18 of this Act.
(5) A person to whom this section applies who for the time
being has in his employment a registered person shall not, unless he
has good and sufficient cause, discontinue the employment of that
person if, immediately after such discontinuance, the number of
registered persons in his employment (excluding persons employed
by him in an employment of a class at that time designated under
section 19 of this Act) would be less than his quota:
  Provided that this subsection shall not have effect if,
immediately after such discontinuance, the employer would no
longer be a person to whom this section applies:
  Provided further that an employer may not set up as a good and
sufficient cause - 
( a ) that such registered person is a member of a trade
union; or
( b ) that such registered person no longer enjoys the
employer’s confidence.
(6) A prosecution for a contravention of subsection (5) of this
section shall not be instituted against any person unless - 
( a ) the matter has been referred to the Authority;
( b ) the Authority, before considering the matter, has
notified such person so as to give him an opportunity
of making, within a period not shorter than seven days
from the sending or giving of the notification to him,
such oral or written representations to the Authority as
he may desire; and
( c ) the Authority has made a report to the Corporation. 
(7) Where any proceedings are taken under subsection (5) of
this section, it shall not be necessary to prove compliance with the
provisions of the last preceding subsection but, if the defence
    PERSONS WITH DISABILITY (EMPLOYMENT)           [ CAP. 210.         7
pleads non-compliance therewith, a certificate signed by the
chairman or by the deputy chairman of the Authority to the effect
that those provisions have been complied with shall be sufficient
and conclusive evidence thereof.
(8) This section applies to any person who for the time being
has, or would in accordance with his normal practice have, in his
employment not less than twenty persons:
  Provided that, in the computation of the number of persons
employed, no account shall be taken of any employees who are
related to the employer by consanguinity or affinity up to the third
degree.
Determination of 
employer’s quota. 
Amended by: 
XXVI.1995.2,14.
16. (1) The quota at any time of a person to whom section 15
of this Act applies shall be a number ascertained in accordance with
the following provisions of this section.
(2) The Minister, after consultation with the Corporation, shall
by order specify a standard percentage and may, in like manner,
specify a special percentage, either greater or smaller than the
standard percentage.
(3) A special percentage specified by the Minister under
subsection (2) of this section shall be made with respect to
employment in any trade or industry, or in any branch or part of
any trade or industry, or to employment with any class of employer,
being employment to which, in the opinion of the Minister, a
percentage, other than the standard percentage, should be assigned
owing to its distinctive characteristics as respects its suitability for
persons with disability.
(4) An order specifying a special percentage shall contain such
provisions as may appear to the Minister to be requisite for more
particularly defining for the purposes of this section the trade or
industry, branch or part of a trade or industry, or class of employer,
to employment in which or with whom such percentage is assigned.
(5) The quota at any time of a person to whom section 15 of
this Act applies shall be the number ascertained by applying to the
number of all the persons at that time in his employment (excluding
persons employed by him in an employment of a class at that time
designated under section 19 of this Act and any employee related to
him by consanguinity or affinity up to the third degree) - 
( a ) so far as they consist of persons employed by him in
an employment other than one to which a special
percentage is at that time assigned, the standard
percentage; and
( b ) so far as they consist of persons employed by him in
an employment to which a special percentage is at that
time assigned, that percentage:
  Provided that, if the number so ascertained includes or consists
of a fraction less than one half, such fraction shall be disregarded,
and, if the number so ascertained includes or consists of a fraction
being one-half or more, the quota shall be the nearest higher whole
number.
  8      CAP. 210. ]         PERSONS WITH DISABILITY (EMPLOYMENT) 
(6) The Minister may, in consultation with the Corporation,
and after application is made in that behalf by any person to whom
section 15 of this Act applies, reduce the standard percentage or
special percentage, as the case may be, applicable to him if it is
proved that his quota would be too great having regard to the
particular circumstances in which all or any of the persons
employed by him, are employed, which reduction shall be for a
term not greater than twelve months.
Severely disabled 
persons. 
Amended by: 
XXVI.1995 . 15.
17. Where any person to whom section 15 of this Act applies
has in his employment, or takes into his employment, a registered
person being a severely disabled person as certified by a placement
medical officer, he shall, for the purposes of complying with the
quota applicable to him, consider each such registered person as
two units.
Permit to employ 
persons not 
registered although 
quota condition is 
not satisfied. 
Amended by: 
XXVI.1995.16.
18. (1) On an application being made in that behalf by any
person to whom section 15 of this Act applies, the Minister may
grant a permit for the purposes of subsection (4) of that section if it
appears to him to be expedient so to do having regard to the nature
of the work for which the applicant desires to take a person or
persons into his employment and the qualifications and the
suitability for the work of any available registered person or
registered persons, or if he is satisfied that there is no such person
or an insufficient number of such persons available therefor.
(2) Any such permit may be made subject to such conditions as
may be specified therein and may be granted as respects the
employment either of one or more persons specified or described
therein or of a specified number of persons.
(3) The Minister shall, before granting or refusing any permit
under the provisions of subsection (1) of this section, refer the
application to the Corporation for their recommendations.
Designation of 
classes of 
employment. 
Amended by: 
XXVI.1995.2,17.
19. (1) The Minister may, in consultation with the
Corporation, by order designate classes of employment as classes
to which this section is to apply, being classes of employment as
appear to afford specially suitable opportunities for the
employment of persons with disability.
(2) No person shall take into his employment in an employment
of a class designated by an order made under subsection (1) of this
section any person other than a registered person, or cause or
permit a person in his employment, other than a registered person,
to perform in his service the duties relating to an employment of a
class so designated:
Provided that the provisions of this subsection shall not apply -
( a ) to any person who, under his contractual obligations
ensuing from an agreement of employment entered
into before the 22nd November, 1968, is precluded
from employing therewith;
( b ) to any person in possession of a permit issued by the
Minister under the provisions of section 18 of this Act;
or
    PERSONS WITH DISABILITY (EMPLOYMENT)           [ CAP. 210.         9
( c ) in respect of any person related to the employer by
consanguinity or affinity up to the third degree.
Register and 
records to be kept 
by employers. 
Amended by: 
XXVI.1995.18.
20. (1) Every person to whom section 15 of this Act applies
shall keep a register showing - 
( a ) the number and the names of persons employed by
him;
( b ) the number and the names of registered persons
employed by him;
( c ) such other matter as shall be necessary to show
compliance by the employer with the provisions of this
Act. 
(2) Every person who employs any person in an employment of
a class designated under section 19 of this Act shall keep such
records, including the name and other particulars relevant to such
employee, as shall be necessary to show compliance by the
employer with subsection (2) of the said section.
(3) Any person shall, on being so required, produce to the
Corporation any register or records kept in accordance with the
provisions of this section.
(4) The Minister may, by regulations, prescribe the manner in
which the register and the records are to be kept, the matter to be
registered or recorded therein, and the period during which such
register and records are to be preserved.
Provision of 
facilities for 
persons with 
serious disability.
Amended by: 
XXVI.1995.2,19
21. (1) The Minister may provide, or make arrangements for
the provision by any government department or the Corporation or
otherwise of, facilities for enabling registered persons, who by
reason of the nature or severity of their disability are unlikely
either at any time or for a prolonged period of time to be able
otherwise to obtain employment or to undertake work on their own
account (because they would be unlikely to be able to compete
therein on terms comparable as respects earnings and security with
those enjoyed by persons engaged therein who are not subject to
disability), to obtain employment or to undertake such work under
special conditions, as well as facilities for the training of such
persons for the employment or work in question.
(2) While any person with disability is availing himself of any
of the facilities provided under subsection (1) of this section, such
person shall be under adequate medical supervision.
(3) The Minister may defray, or contribute towards, expenses
incurred - 
( a ) in the provision of any facilities as are referred to in
subsection (1) of this section; and
( b ) by persons for whom any such facilities are provided
in travelling to and from the place where they are
employed or work or where training is provided,
and may also to or in respect of such persons, grant such further
assistance, in cash or in kind, as he may from time to time
  10      CAP. 210. ]         PERSONS WITH DISABILITY (EMPLOYMENT) 
determine.
(4) Any assistance granted under subsection (3) of this section
shall be subject to such conditions as the Minister may impose
either generally or in respect of any particular person.
Preference among 
registered persons. 
Substituted by: 
XXVI.1995.20.
22. In submitting to any person to whom section 15 of this Act
applies the names of registered persons for employment, the
Corporation shall give preference to persons with severe disability
as certified by a placement medical officer:
  Provided that nothing in this section shall be deemed to imply
that the employer, in taking into his employment a person with
disability for the purpose of complying with the provisions of this
Act, shall be bound to engage a person submitted to him by the
Corporation under this section.
Constitution of the 
Disablement 
Resettlement 
Advisory 
Committee.
23. Repealed by XXVI.1995.21.
Functions of the 
Corporation.
Amended by: 
XXVI.1995.2,22.  
24. It shall be the function of the Corporation to advise and
assist the Minister in matters relating to the employment or training
of, or to the undertaking of work on their own account by, persons
with disability, and to perform any functions required to be
performed by the Corporation under this Act; and in particular, but
without prejudice to the generality of the foregoing, to encourage
measures designed to -
( a ) afford for persons with disability an equal opportunity
with persons not handicapped by disability to obtain
and keep employment;
( b ) promote opportunities for persons with disability to
obtain and keep employment;
( c ) overcome, in respect of training or employment,
discrimination against persons with disability on
account of their disability; and
( d ) promote the awareness by employers of the residual
abilities and work capacities of persons with disability.
Disablement 
Resettlement 
Officer. 
Substituted by: 
XXVI.1995.23.
25. (1) There shall be an official of the Department of Labour
to be styled Disablement Resettlement Officer.
(2)  It shall be the duty of such officer to monitor generally the
conditions of employment and the work environment in which
persons with disability are gainfully employed. In carrying out such
duties the Disablement Resettlement Officer shall be expected to -
( a ) investigate any complaints he may receive regarding
the conditions of employment under which any person
with disability is employed, taking into account the
physical or mental disability of the person with
disability, and 
( b ) report to the Director of Labour and the Chief
Executive of the Corporation the results of his
    PERSONS WITH DISABILITY (EMPLOYMENT)           [ CAP. 210.         11
investigations.
(3) In carrying out his investigations the Disablement
Resettlement Officer shall have access to the registration records of
persons with disability and he may seek the advice of placement
medical officers or any other medical officer as may be
appropriate.
(4) A copy of the report of the Disablement Resettlement
Officer shall be sent to the National Employment Authority and to
the person who has submitted the complaint.
Continuity of 
employment on 
cessation of 
registration.
26. Where any registered person ceases to be so registered
while in employment, he shall thereafter, while still in that
employment and for the purpose of that employment, be considered
as if he had continued to be a registered person.
False information.
( a ) for any person to give any false information for the
purposes of this Act with a view to having his name
entered or retained in the register;
( b ) for any person to include, or to cause or knowingly to
allow to be included, in the register or records to be
kept in accordance with the provisions of section 20 of
this Act any particular which he knows to be false in a
material respect, or to produce or to furnish, or to
cause or knowingly to allow to be produced or
furnished, for purposes connected with this Act, any
register, record or information which he knows to be
false in a material respect.
Part-time 
employment.
28. The Minister may make regulations defining the extent to
which the provisions of this Act shall apply to part-time
employment.
Penalties. 
Amended by: 
XIII. 1983.5
29. (1) Where any person commits an offence against any of
the provisions of this Act or of any regulations made thereunder he
shall, on conviction, be liable to a fine ( multa ) not exceeding one
hundred liri or to imprisonment not exceeding three months or to
both such fine and imprisonment.
(2) Where the offence consists in the failure to produce
registers or records as provided under subsection (3) of section 20
of this Act, the offender shall, in addition to the punishment
prescribed under subsection (1) of this section, be awarded a
further penalty of five liri for each day on which such failure
continues unless he proves to the satisfaction of the court that the
failure is due to his not having kept, or not having preserved, the
required registers or records, as the case may be.
Offence by 
association of 
persons.
30. Where an offence against any of the provisions of this Act
or of 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
  12      CAP. 210. ]         PERSONS WITH DISABILITY (EMPLOYMENT) 
that the offence was committed without his knowledge and that he
exercised all due diligence to prevent the commission of the
offence.
Limitation of 
action.
31. Notwithstanding any provisions of any other law,
proceedings in respect of an offence against any of the provisions
of this Act or of any regulations made thereunder may be instituted
at any time within the period of five years from the commission of
the offence.
Orders to be 
published.
32. Any order made by the Minister under this Act shall be
published in the Government Gazette.
