Background to the Notification of Internships
Understanding why this Notification of Internship has been put into place:
In accordance with ACT No. XXXIX of 2018, Jobsplus is assigned a number of functions, which amongst others involves maintaining employment records (Part V).
More specifically it states that :
35. (1) Jobsplus may make administrative provisions as approved by the Board under this article prescribing the registration and recording of employed persons or persons seeking employment in Malta.
In addition to this, section 39 of the said legislation further provides a clear interpretation of who is to be considered to be performing work and the notifications that are required in such cases :
39. For the purposes of this Act, a person performing work in any place of work shall be deemed to be employed or self-employed.
This would mean that unless otherwise notified and endorsed, as per section 36 of the said legislation, employers are bound to notify Jobsplus of their employees :
36. Any employer, who employs another person whole-time, part-time or otherwise under a definite or indefinite contract or on probation shall notify Jobsplus of such employment by any means which may be established by Jobsplus from time to time.
Jobsplus, being aware of the particular case of interns (which technically involve persons performing ‘work’ in a place of work as a form of ‘work practice’ which includes an on the job training component linked to an academic and/or vocational curricula), has come up with an Internship / Traineeship Regulation which stipulates what constitutes to be an internship / traineeship. The regulation also stipulates the mode of notification and subsequent endorsement of an internship.
Claimed ‘internships’ which do not follow this regulation are not endorsed as interns by Jobsplus. The lack of endorsement means that such persons are considered to be employees of the employer and are therefore required to abide by section 36 of the Employment and Training Services Act, 2018 and are required to notify Jobsplus of such employment.
In the case of Third Country Nationals, they would also be required to apply for a residency and employment license through Identity Malta.
Types of Internships/Traineeships
Internships/Traineeships can be described as a form of work practice, which includes a training component. Interns are allowed to document practical work experience as part of their individual CV, to gain work practice for the purpose of facilitating the transition from education and training to the labour market and/or as required in educational curricula.
They are predominantly short- to middle-term in duration with most internships ranging from just a few weeks up to 6 months, with a maximum duration of 12 months. Internships/traineeships within education can be an optional or mandatory part of the curriculum of the graduation procedure.
For the purpose of these regulations, Jobsplus considers the following types of Internships/Traineeships;
- Internships/Traineeships forming an optional or compulsory part of academic and/or vocational curricula (i.e. during education);
- Internships/Traineeships following recent successful completion of studies (completed within the previous 12 months).
In both cases, Internships/Traineeships must be linked to educational and training programs and curricula and in the case of current students, the Educational Institutions are to be involved in their organisation and monitoring.
The Intern/Trainee or Receiving Organisation is requested to inform Jobsplus by submitting the Internship/Traineeship Notification Form (LCU13) together with a signed agreement between the Sending Educational Institution (only in the case of current students), the Receiving Organisation and the Intern/Trainee. Applications for Internships/Traineeships are to be sent to:Internship Unit, Jobseeker Services Division, Hal-Far, BBG 3000 or by email on firstname.lastname@example.org at least two weeks prior to the start of the Internship/Traineeship.
Following receipt of all documentation, Jobsplus will be in a position to verify the information, request any clarifications and eventually confirm or otherwise its acceptance. Jobsplus will then issue a confirmation/rejection letter indicating whether or not a notification has been accepted. In case of rejection, Interns/Trainees and/or Receiving Organisations are given the chance to submit a request for reconsideration following which the outcome of the notification will be final.
Internships/Traineeships whereby the Sending Educational Institution is either MCAST or ITS are regulated by Chapter 576 of the Laws of Malta (Work-Based Learning and Apprenticeship Act). Such Internships/Traineeships are exempted from this notification procedure.
Accepted Internships/Traineeships are not deemed to constitute an employment relationship and as such Receiving Organisations should not submit an Engagement Form and in cases whereby the Interns/Trainees are Third Country Nationals, an Employment Licence.
This process is separate from any other processes related to VISAs/Residency Permits, National Insurance and Tax. Hence, any related issues are to be dealt directly with the respective authorities/departments.
Tel: +356 2220 1685