Amendments proposed to Persons with Disability (Employment) Act

Presently on the agenda of the House of Representatives is a Bill tabling legislative amendments to the Persons with Disability (Employment) Act, Chapter 210 of the Laws of Malta (the “Act”).

The central aim of the Act is to promote and push for the employment of persons with disability.

The main objective of the Bill is to revise the provisions relating to the fixing of quotas for the employment of persons with disability, as well addressing other ancillary matters.

One of the key amendments introduced in this regard is the introduction of a provision that stipulates that any employee who is not registered as a person with disability but who is medically certified to fall within the definition of disability may be acknowledged solely for the purpose of determining the quota.

Another is the removal of the current concept whereby any person engaged by an employer to whom the employee is related by consanguinity or affinity up to the third degree shall not be calculated for the purpose of determining the quota.

Moreover, the Bill obliges an employer who fails to adhere to the statutory quota, to pay an annual contribution of €2,400 for every person with disability that should have been employed, capped at a maximum of €10,000. The current Act solely empowers the competent body to request such payment.

Lastly, another amendment relates to the removal of the imprisonment penalty when one is convicted of an offence under the Act.