This consultation has concluded.
This consultation ran from 12.04.2016 to 25.05.2016.
In October 2015 during the Employment and Training Corporation’s Annual General meeting, whereby its 25th anniversary was also celebrated, the new vision, mission and re-branding were announced. The Employment and Training Corporation will be re-branded to Jobsplus and will retain the status of a public entity.
Furthermore, in the Budget 2016 Speech,2 the Government emphasised its commitment to enhance the labour market in order to sustain a healthy economy through strengthening this pivotal public entity.
The Employment and Training Services Act (CAP.343) entered into force in August 1990. Although minor amendments were made along the years, its main parts remained unchanged. A quarter of a century later, the government along with the Entity see the need to update the contents of this Act in view of the developments that have occurred since it was first published.
This consultation document presents the proposed amendments to the current legislation – The Employment and Training Services Act (CAP.343). A brief overview of the proposed amendments are outlined below:
» The Employment and Training Services Act (CAP.343) will be repealed and substituted by the Jobsplus Act.
» The Jobsplus Act will in its most part be based on the current legislation.
» Part II of the current legislation regulates the establishment and functions of the National Employment Authority. It is being proposed that the functions set by Article 4(1)(c), namely the provisions of monitoring local employment trends, will become the responsibility of Jobsplus.
» Part III regulates the foremost functions of this public entity.
» Article 11 establishes the powers to maintain a Register of persons seeking employment, which is currently divided into three parts. It is being proposed that this practice is streamlined through the amalgamation of Part One and Part Two into one holistic Register, whilst Part Three will be substituted by the Jobsplus web portal.
» Article 13 and 15 set the provisions for the referral of persons for employment, whereby preference is given to those who have been registering for employment the longest. In order to address the ever changing dynamics of the labour market, preference will henceforth be given to those matching the required employment criteria.
» Part V regulates Employment Agencies, however their licensing and supervision are vested in the Director responsible for Industrial and Employment Relations (DIER), which is regulated by the provisions set out in the Employment and Industrial Relations Act (CAP.452). It is being proposed that Part V of the Employment and Training Services Act (CAP.343) is deleted and its provisions are to be incorporated within the Employment and Industrial Relations Act (CAP.452).
» Part VI entitled Manpower Records, establishes the provisions for the registration and recording of the gainfully occupied population as well as the imposition of fines. It is being proposed that the current procedure for the filing of engagement and termination of employment forms is simplified accordingly from time to time at the entity’s discretion.
» Part VII sets the provisions for the engagement of apprentices and trainees. It is being proposed that Jobsplus will retain its legal vires to provide training courses, traineeships and schemes as well as to maintain a register of apprentices and trainees, however the organisation of apprenticeships and traineeships by education institutions will fall under the respective institution’s responsibility.
» Part VIII, Enforcement, Offences and Penalties regulates the provisions of the inspectorate department. An amendment to the fines enforced is being proposed.
STRUCTURE OF THIS DOCUMENT
A brief summary of the matters covered by each chapter is provided below:
» Chapter 3 explores several Parts and Articles of the current legislation and lists the amendments being proposed to be incorporated in the Jobsplus Act.
» Chapter 4 sets out the way forward.
» Chapter 5 sets the questions pertaining to this consultation.