Two ways to safeguard the rights of persons with disabilities are the implementation, and monitoring, of laws and policies. Being the smallest state in the European Union, Malta still needs to ensure that persons with disabilities are given the right to access employment. Although this has been done during the last few years by adopting and updating existing policies, the rate of employed persons with disabilities is still low. According to Camilleri and Callus (2001), disability was considered a taboo subject before second world war and most of persons with disabilities were kept at home, in Malta. It was only between 1945 – 1973 that radical changes began to happen for people with disabilities. During that time, residential homes began to be constricted expressly to house persons with disabilities. Moreover, special schools began to cater for children with disabilities. The birth of non-governmental organisations, to support this vulnerable group, also occurred.
In Malta, four important legislations support persons with disabilities, as concerns employment:
1. The Persons with Disabilities Employment Act, Chapter 210 (The Quota Act)
2. The Employment and Industrial Relations Act, Chapter 452
3. The Equal Opportunities (Persons with Disability) act, Chapter 413
4. Employment and Training Services Act, Chapter 343
THE PERSONS WITH DISABILITIES EMPLOYMENT ACT, CHAPTER 210 (THE QUOTA ACT)
The first effort to enforce the principles of equal opportunities in work for persons with disabilities were in 1969, when the Persons with Disability (Employment) Act (1969), was introduced. This legislation also included the creation of a register for persons with disabilities, Registered Disabled Persons (RDPs), and the quota system of 2 percent for companies that employed twenty or more employees. For a disabled person to be part of the quota he/she had to be listed on the register. With the creation of the Quota Act, reserved jobs were created for persons with disabilities. The public employment service provider in Malta, Jobsplus, holds this register. According to Article 20 of this act, employers are also required to keep a record of disabled employees in their workforce, together with other information, compliant with this Act.
Even though the Quota Act has existed for forty-five years, now, persons with disabilities still struggle to enter the open labour market. During these years, the bulk of employed persons with disabilities were employed within the public sector. The Act had little effect with regards to the employment of persons with disabilities in the private sector. The main reason for this gap was that the act was not enforced until the national budget of 2015 (Minister of Finance, 2014).
THE EMPLOYMENT AND INDUSTRIAL RELATIONS ACT, CHAPTER 452
The Employment and Industrial Relations’ Act, Chapter 452 (2002), of the Laws of Malta, does not provide a clear-cut definition of who should be considered as a “person with disability”. Despite this, the Act clearly sets out that any form of discrimination against persons with disability is prohibited. This legislation is now in line with the European Union Framework Directive for Equal Treatment in Employment and Occupation, through the enforcement of the Equal Treatment in Employment Regulations that came in force in 2004. The main purpose of this set of regulations is:
‘… to put into effect the principle of equal treatment in relation to employment by laying down minimum requirements to combat discriminatory treatment on the grounds of religion or religious belief, disability, age, sexual orientation, and racial or ethnic origin…’
These regulations were also extended to employees in the public sector, through the Extension of Applicability to Service of the Government (Equal Treatment in Employment) Regulations.
THE EQUAL OPPORTUNITIES (PERSONS WITH DISABILITY) ACT, CHAPTER 413
The Equal Opportunities (Persons with Disability) Act, Chapter 413 (2000), of the Laws of Malta, prevents any form of employment discrimination against a person with disability regarding:
• Procedures relative to applications for employment;
• The hiring, promotion or dismissal of employees;
• Employees’ compensation;
• Job training; and
• Any other terms, conditions and privileges related to the employment of persons with disability.
This act also obliges employers to effect reasonable accommodation to the working conditions of persons with disabilities. The act allows that such modifications are based on the overall financial resources of the business as well as the effect on expenses and resources and the overall size of the business.
EMPLOYMENT AND TRAINING SERVICES ACT, Chapter 343
The Employment and Training Services Act Chapter 343 (1990), gives the National Employment Authority the power to make rules, which offer allowances for special consideration in cases where the job seeker is a person with disability who requires special assistance. Such services are also open to any job seeker with dependents who are disabled.
Tonio Axisa 