National Employment Policy

I The Present Situation

(1) The Laws of the Country

(a) The Constitution of Malta

1.0 According to the first article of our Constitution: "Malta is a democratic republic based on work, and respect for the fundamental rights and freedoms of the individual".

1.1 The Constitution establishes as a principle the obligation of the State to acknowledge that every Maltese citizen has the right to work, and in article 7 of the Constitution of Malta it is established that:

"The State recognises the right of all citizens to work, and shall promote such conditions as will make this right effective".

1.2 The Constitution puts further obligations on the Maltese State to protect work, and to provide for professional, or vocational training and advancement of workers (article 12). Furthermore, disabled persons and persons incapable of work are entitled to education and vocational training (article 17(3)).

1.3 It must be stated that the above-mentioned Constitutional articles are not enforceable in a court of law, but the principles they embody are nonetheless "fundamental to the governance of the country, and it shall be the aim of the State to apply these principles in making laws" (article 21).

(b) Disabled Persons (Employment) Act - Act No. II of 1969, Chapter 210 of the Laws of Malta

1.4 This law established:

(a) the setting up of a Register of Disabled Persons, which must be kept and administered by the Director of Labour (article 5).

(b) that any person employing not less than twenty (20) workers must also employ a quota (at present 2%) of disabled persons, chosen from the Register (article 15(8)). The percentage is established by the Minister responsible after consultation with the Committee mentioned in para. (d) below (article 16(2)).

(c) the power of the Minister to designate special classes of employment as reserved employment (article 19) for disabled persons.

(d) the setting up of a Disablement Resettlement Advisory Committee, having the function of advising and assisting the Minister in matters relating to the employment or training of disabled persons which will have the power to enforce the laws (article 23).

(e) the setting up of an Official within the Department of Labour, known as the Disablement Resettlement Officer. The DRO has various duties, one of which is the placing of registered persons in suitable employment (article 25). The Disablement Resettlement Unit may provide for, or make arrangements for a Government department or other body to provide for :

i. the provision of services aimed at assisting and advising disabled persons in their choice of employment, or self-employment;

ii. the organisation of courses for disabled persons who require training in order to achieve the competence necessary to gain employment or self-employment;

iii. the organisation of industrial rehabilitation courses, which give physical training, exercises, and occupations leading to the regaining of ability, with which disabled persons may regain the ability to work as employees or self-employees as the had before their disability;

iv. services to re-establish disabled persons aimed at placing registered persons in appropriate employment.

(f) the breach of any provision of the law or of any regulations arising from it, is deemed to be a punishable offence carrying a fine not exceeding Lm100, or imprisonment not exceeding three months, or both (article 29).

(c) The Conditions of Employment (Regulation) Act - Act No. XI of 1952, Chapter 135 of the Laws of Malta

1.5 This Act provides, inter alia, for the protection of the employment of any person unable to work for a given period, because of injuries suffered in an accident arising out of and in the course of employment, or by any occupational disease, for which there is compensation according to the Social Security Act (Chap. 147 of the Laws of Malta).

(d) The Social Security Act - Act No. X of 1987

1.6 This act provides inter alia that persons receiving a non-contributory pension, and who have additional income from part-time employment, may continue to do so, provided that their total income does not exceed the national minimum wage. If this income exceeds the national minimum wage, then the pension is reduced on a pro rata basis.

(e) Act on Industrial Development - Act No. XXI of 1988

1.7 This Act provides for:

i. an incentive payable to qualified companies for organising training programmes which are aimed at increasing the skills and proficiency of their employees. These incentives take the form of deductions from Income Tax, and are substantially increased if the programmes are completely or principally aimed at benefiting disabled persons (article 10 (1)).

ii. training grants to those companies having full-time employees working under an indefinite contract of employment (i.e. having no time limit), and who are receiving training related to the business activities of such companies. In those cases where the employee is a disabled person, the grant may be equivalent to three quarters of the weekly minimum wage for every week of training, up to a maximum of 48 weeks (article 19 (2)).

(2) Services currently available in Malta

2.0 The National Commission Persons with Disability, has been informed that the following services are available in Malta:

(a) The Disablement Resettlement Unit

2.1 This Unit is established within the Labour Office, Valletta.

2.2 According to a report published by the Department of Labour, in April 1994 there were 649 disabled persons registering for permanent work in the First and Second parts of the Register. These persons are classified as follows:

(i) Persons registering for work

	Males	Females	Total 2
Malta	235	67	302
Gozo	74	16	90
TOTAL 1	309	83	392

(ii) Persons not registering for work

	Males	Females	Total 2
Malta	131	48	179
Gozo	54	24	78
TOTAL 1	185	72	257

2.3 Disabled persons applying for registration in this Register must be interviewed by a board composed of:

a Medical Officer

a Social Worker (when available)

the Disablement Resettlement Officer (DRO).

(b) Employment Training Corporation (ETC)

2.4 The main function of the ETC is to provide training and to find employment for those who register for work, including those who register as disabled persons. In order to carry out this function an assessment of the capabilities and talents of each individual registering for work is required, including those with special needs, in order to:

assist these persons in preparing themselves to integrate into the national workforce;

generate positive attitudes in prospective employers, through contact and communication;

provide training schemes or assistance in facilitating employment.

2.5 According to reports published by the Corporation, between November 1993 and April 1994 the ETC set up three schemes which had the specific aim of identifying employment opportunities for disabled persons. The results were as follows:

Scheme	Date	Placements
Direct Placements	Nov �93-April �94	20
Employment & Training Placement	Jan-Feb �94	3
On Line	Nov �93-April �94	12

(c) The Department of Family Affairs and Social Assistance

2.6 The Department of Family Affairs and Social Assistance has five Adult Centres:

three for persons with a mental disability;

one for persons who are blind;

one in Gozo; and a

a section in the Istituto Vincenzo Bugeja, Centru Hidma Socjali for persons with a physical disability

2.7 The aims of these Centres are:

to help disabled persons to develop mentally, emotionally and physically by occupying themselves with light employment, in order to prepare themselves for a work-oriented life and environment;

to offer periods of respite to the parents of disabled persons whilst they are at the Centre;

to help and educate parents of disabled children by means of communication and meetings.

2.8 The Adult Centres for persons with mental disability are situated at Fleur-de-Lys, Imtarfa and Hal-Far. These offer activities of a social, religious, and educational nature, as well as so-called 'occupational work'. Each person attending any one of these centres receives the non-contributory pension for disabled persons.

2.9 The Centre for the Blind at St. Venera offers vocational activities (mainly cane work and the manufacturing of clothes-hangers) as well as other activities.

2.10 The Gozo Centre concerns itself with the needs of persons having mental disability, and persons who are blind. The new Centre in Gozo was founded as a joint venture between the Gozitan Society for the Handicapped, the Gozitan Ecclesiastical authorities, and the Maltese Government. This Centre provides training facilities in appropriate work related activities, and in other areas related to independent living.

2.11 The Istituto Vincenzo Bugeja, Centru Hidma Socjali in St. Venera brings together a number of persons with a physical disability, some of whom are given the opportunity to undertake work within the Centre itself, This introduces them to their first work experience, and serves as training for prospective employment.

(d) The Special Aid Services

2.12.1 Through the Special Aid Services, the National Commission Persons with Disability offers consultation, advice, and financial assistance to disabled persons, supporting them in their efforts to lead a more independent life and find appropriate employment.

2.12.2 Since April 1992, this service has processed about 380 applications for financial assistance to purchase various apparata, while 60 persons limited themselves to requesting advice about apparata appropriate to their needs.

(e) The Eden Foundation

2.13 The principal aim of the Eden Foundation is to help persons with a developmental disability to develop their abilities and personalities, to lead as independent a life as possible, and to integrate with the community. With this aim in mind, the Foundation provides a Training Programme for adults (at the Eden Ability Centre in Bulebel).

2.14 This Programme includes an exercise which is aimed at identifying appropriate employment opportunities. Training is given at the workplace and the individual is supported by Job Coaches whose main role is to facilitate integration in that working environment.

(f) The Physically Handicapped Rehabilitation Fund, Corradino

2.15 The role of the Corradino Centre is to help disabled persons during the process of transition towards a more independent lifestyle. This includes training these persons so that they may find employment with adequate conditions in the industrial sector, clerical work, etc.

II The World Programme of Action Concerning Disabled Persons and Employment

The World Programme Of Action Concerning Disabled Persons adopted by the United Nations (UN) General Assembly at its 37th regular session on 3rd December 1982, by its resolution 37/52.

In Chapter III �Proposals for the Implementation of The World Programme Of Action Concerning Disabled Persons�, section four, we find that section 4(e) concentrates on the action which needs to be taken by UN member states in order for every person with disabilities to be provided with equal opportunities.

Part (e) which deals with the employment sector contains the following:

128. Member States should adopt a policy and supporting structure of services to ensure that disabled persons in both urban and rural areas have equal opportunities for productive and gainful employment in the open labour market. Rural employment and the development of appropriate tools and equipment should be given particular attention.

129. Member States can support the integration of disabled persons into open employment through a variety of measures, such as incentive-oriented quota schemes, reserved or designated employment, loans or grants for small businesses and co-operatives, exclusive contracts or priority production rights, tax concessions, contract compliance or other technical or financial assistance to enterprises employing disabled workers. Member States should support the development of technical aids and facilitate access for disabled persons to aids and assistance, which they need to do their work.

130. The policy and supporting structures, however, should not limit the opportunities for employment and should not hinder the vitality of the private sector of the economy. Member States should remain able to take a variety of measures in response to their domestic situations.

131. There should be mutual co-operation at the central and local level between government and employers� and workers� organisations in order to develop a joint strategy and joint action with a view to ensuring more and better employment opportunities for disabled persons. Such co-operation could concern recruitment policies, measures to improve the work environment in order to prevent handicapping injuries and impairments, measures for rehabilitation of employees impaired in the job, e.g., by adjusting work places and work contents to their requirements.

132. These services should include vocational assessment and guidance, vocational training (including training workshops), placements and follow-up. Sheltered employment should be made available for those who, because of their special needs or particularly severe disabilities, may not be able to cope with the demands of competitive employment. Such provisions could be in the form of production workshops, homeworking, and self-employment schemes, and small groups of severely disabled people employed in sheltered conditions within competitive industry.

133. When acting as employers, central and local governments should promote employment of disabled persons in the public sector. Laws and regulations should not raise obstacles to the employment of disabled persons.

III Maltese Policy Regarding Employment And Persons With Disability

Declaration of Principles

I. Maltese society is one which firmly believes in respecting the dignity of every person, without any form of distinction or discrimination. This dignity can only be fully realised when every individual citizen of our country is integrated into the process of social, cultural and economic development of these islands and their people. Our society must therefore be committed to providing equal opportunities to every citizen.

II. This principle is best applied in the work sector. Consequently the right of employment for all persons, able to work according to their personal capabilities, is acknowledged and incorporated into the Constitution itself.

III. Persons with disability form an integral and essential part of the country's human resources. Therefore, they not only have the right to participate in the development of the country and to contribute wherever possible, but the country has the duty to create a least restrictive environment conducive to the integration of every disabled person.

IV. The contribution of persons with disability in the work sector is essential to the country's development, not only from a purely economic perspective, but also because in itself, it emphasises other values on which Maltese society is founded. Therefore, it is not enough that every form of discrimination against disabled persons be removed, but if necessary, measures must also be taken to encourage the employment sector to integrate disabled persons through positive discrimination.

These Principles as Applied in Practice on a National Level

1. Elimination of discrimination

1.0 Any form of discrimination against disabled persons caused by their disability must be eliminated, particularly in the context of assessment, training, placement, or promotion in the workplace. Therefore, existing laws must be reinforced, and new laws formulated in order to put an end to this type of discrimination, and just and adequate remedies found cases of voluntary or involuntary discrimination occur.

1.1 Persons with disability should have access to employment in both the public and the private sectors. It is, however, the State which should give the principal and foremost example, by ensuring that:

(a) employment should be placed amongst the highest priorities of the national agenda, with government allocating any investment which is considered both necessary and available in order for this to happen;

(b) government continues to emphasise its commitment to the principle of equal opportunity, that this principle is applied in all aspects and all levels of administration in public sector, and to remove any regulations or procedures that work against this principle;

(c) the government continues strengthening all the existing structures in the country which have the function of nurturing the employment and training sector, in a manner which will not only make it accessible to persons with disability, but which will also have the specialisations necessary to give a fully professional service;

(d) the government should encourage the private sector to apply the principle of equal opportunities to all. This may be done by creating relevant schemes and incentives which would encourage the private sector to participate in this process.

2. Education

2.0 Maltese society acknowledges the fact that work is intrinsically linked to education. This fact is particularly evident in the education and employment of disabled persons. Therefore, this document must be read alongside that document published by the National Commission Persons with Disability, which is concerned with a national policy regarding Special Education.

3. The Potential of the Person with Disability:

Comprehensive Assessment

3.0 The right for employment should also include the right for a comprehensive assessment, so that the special needs of the individual may be identified, and put into a perspective which will allow both the disabled person and his, or her, prospective employer, to understand and accept these needs. In this manner, the individual potential of the disabled person may be identified and fulfilled.

3.1 Such an assessment should begin before the person has completed his, or her, formal education, and should continue until the person has found appropriate employment, and until such time as it is considered necessary for a new assessment to be carried out. In the case of persons who develop a disability at a later stage in their lives, the assessment should begin as soon as possible after the condition has been diagnosed.

3.2 Any form assessment of this type should be made by a multidisciplinary team, which would include the person's parents, and if possible, the individual as well. This team should formulate an individualised vocational programme which would include detailed provisions, and which should be revised on a regular basis, or when any member of the team feels that a revision is necessary.

3.3 An appropriate assessment should include recommendations for any special equipment and modifications necessary to enable the individual to find employment which is appropriate to his, or her, capabilities and potential. However, it is equally important that once these needs have been identified:

the person must have access to a source of financial aid to satisfy those needs which the disabled person depends on, and

whoever employs this person shall benefit from a scheme of incentives which would help to partially alleviate the expenses incurred in rendering the workplace suitably adapted to the needs of the person with disability.

4. Vocational Training

4.0 Vocational training should begin at the school attended by the person with disability, and continue until he, or she, has found appropriate employment. Such training should be provided at Day Care Centres, Sheltered Workshops and at the ETC. In the case of persons developing disability at a later stage in their lives, vocational training should begin as soon as possible after diagnosis of the condition. Persons with disability who, for any reason, may need to change their jobs, should also have the right to appropriate training.

5. National Support Services

5.0 National support services already in existence, or which the country may be developed in the future, should incorporate the principle that persons with disability are not only an integral part of their clientele, but are and must remain amongst their highest priorities, and a group to which the principle resources at their disposal should be assigned. These services should therefore be primarily responsible for:

providing appropriate assessment and training;

identifying employment opportunities; and

creating a national culture founded on the principles of integration and equal opportunity.

5.1 Persons with disability seeking employment should receive training from the national structures which already, or may at a later date come to, exist in the country. This would allow training to take place in an integrated environment which would be beneficial to all those participating, whether they have a disability, or not. Therefore, a method has to be found in order to integrate the DRU and DRO with other national structures which are already established, or those which might be specifically set up in order to provide such training and to identify employment opportunities (at present this is done by the ETC).

5.2 This does not eliminate the possibility that, in certain circumstances, these national structures may have to make use of specialists, or to have specialised services contracted out, especially when the disability requires a specific technical analysis. However, in each and every case this exercise should be co-ordinated and monitored by the national structures, especially where employment identification and training in an integrated environment are concerned.

5.3 The authorities responsible for the development of human resources in our country (that is, the Minister responsible for Human Resources and the ETC) should provide a wide spectrum of services, in order to be in a position to assist persons with different disabilities and different needs to find employment appropriate to their individual potential and abilities. This is why the ETC should provide support for those disabled persons wishing to become self-employed, working on a part-time basis, or from their homes, so that they may be able to form co-operatives, and where necessary, work in Sheltered Workshops. Such services should include:

�in-house� assessment which would identify the academic needs and physical limitations of the individual;

the provision of remedial education, with the assistance of the Education Department, to those persons identified as requiring it;

a service providing training in various areas, subject to market demands, which service would be integrated with that offered to the rest of its clients;

a service of placement, and eventually the assessment and monitoring of that person at their place of work.

5.4 The provision of these services must incorporate the principle of integration. At the same time, one must always bear in mind the maximum potential of any given individual, and therefore the system must be flexible enough to permit a person, with proper training and constant monitoring, to be able to pass from one phase to another, and from one quality of work to another.

6. Sheltered Workshops

6.0 The philosophy guiding a Sheltered Workshop should always be a positive one, in that its aim must always be to train the individual in a particular area of employment which will eventually lead him, or her, nearer to the reality of working in an integrated environment, or towards alternatives that may offer better possibilities for the individual's future.

6.1 The application of this concept implies that:

(a) The structures regulating employment within a protected environment as in the case of Sheltered Workshops should be integrated within the existing structures concerned with Human Resources development in our country. This means that the administrative responsibility of these Workshops should belong to the Ministry responsible for Human Resources.

(b) An immediate exercise to identify the quality, types, and variety of activities which can and should be performed in these Workshops must be undertaken. This exercise should be carried out by competent individuals, and the choice of activities should as far as possible be related to, and compatible with, the employment in demand on the open market. This exercise should be revised and updated on a regular basis, and must necessarily be carried out by persons involved in human resources development.

(d) An appropriate investment should be made to locate suitable persons, and/ or for training to be provided to those persons who have been identified to work in these workshops.

(e) There should be established a method of professional assessment of persons with disability presently attending the Day Centres, in order to identify those persons who may be released from the Day Care Centre system, as is proposed in this document, in order for them to become integrated into the environment of sheltered employment, and vice-versa.

(f) A procedure should be established by which, at regular and fixed intervals, an assessment of the progress registered by each individual can be carried out. The aim of this is to determine whether an individual should remain in one particular structure, or whether he, or she, should move to any other structure which could help him, or her, to develop further.

7. The Co-operatives

7.0 The Ministry responsible for Human Resources, together with other existing structures of the country, should offer incentives for the establishment of commercial co-operatives of which the majority of employees would be persons with disability. The implementation of this policy should not weaken the principle that the work environment should be an integrated one. Therefore, it must be especially emphasised that an initiative of this sort must:

(a) be commercially viable;

(b) provide every participant with remuneration on a par with that currently being paid on the open market for work of a similar nature and level;

8. Day Care Centres

8.0 It is inevitable that in certain circumstances, due to the nature of the person�s disability, an assessment might indicate that a given individual would benefit more by attending a Day Care Centre, where emphasis is not put on productive employment, but rather on the development of essential life skills to help the person to attain as high a degree of independence and quality of life as possible. It is the State's responsibility to provide such services. But it should be emphasised that assessment and monitoring must continue even while the person is attending these Centres. The aim of this is to bear in mind the possibility that this person may eventually be integrated into one of the related services which may already, or could be made, suitable to them.

8.1 These centres should have a strong social element which would function on two levels:

on the individual person with disabilities, and

on the parents.

The outstanding characteristic of these centres is not employment, but rather the development of the individual and of the quality of life enjoyed by that individual and his, or her, family.

8.2 Co-ordination between the Ministry responsible for Social Development and the Ministry responsible for Human Resources is essential.

9. Act on The Employment of Handicapped Persons - Act No. II of 1969, Chapter 210 of the Laws of Malta - proposed amendments

9.0 Without prejudice to paragraph 9.1 below, the Government should ensure that all of the clauses in this law are applied, and that the structures suggested therein be established, and made to function in an efficient manner. This applies to both the private and the public sectors.

9.1 The Act on the Employment of Handicapped Persons of 1969 should be updated to accommodate today's needs, and should be amended particularly as follows:

(a) The name of this law should change and become known henceforth as the Employment of Persons with Disability Act.

(b) The quota level should be raised. However, this is not to be an obligatory quota, because, instead of fulfilling the established quota, an employer may be granted the option of paying a sum of money equivalent to a percentage of the wage, which sum would be deposited into a special fund which would be used to:

(a) create incentive schemes;

(b) initiate vocational programmes, and

(c) The Law should specify in detail which categories of disabilities may be considered for the purposes of establishing a legal quota, according to this Act.

(d) It is essential that the necessary mechanism be set up in order to ensure that this Act is enforced. In particular, a revision needs to be made to that part of the law which focuses on redress available at law to a disabled person whose rights under the Act have been infringed. The penalties incurred by those who break this law should also be increased.

(e) Although the World Programme of action regarding persons with disability suggests the concept of reserved employment as a method of support (Section B above, para. 129), the national political stand should be that this concept is supplanted by one of positive discrimination. In this way the policy would ensure that employment in our country is open to a disabled person, on condition that this person is capable of fulfilling the functions expected of that particular work. In the case of equal ability, preference should be given to the person with disability.

10. The implementation of these policies

10.0 It is essential to have personnel suitably trained at all levels, if the measures set out in this document are to be implemented. Therefore, all forces concerned should take every necessary measure to ensure that such personnel is properly trained.

10.1 A principal measure in the implementation of these policies should be the enactment of an Equal Opportunities (Persons with Disability) Act. Such a bill would aim at declaring illegal any act of discrimination on the basis of disability, in every aspect of a disabled person�s life, but in particular the employment sector. It would also seek to offer suitable redress.

10.2 The entirety of the country's social forces should be involved in implementing every one of these policies, in particular the worker unions and the constituted bodies which represent employers.