Cap. 210 Art. 16Determination of employer’s quota.

(1) The quota at any time of a person to whom article 15

applies shall be a number ascertained in accordance with the following provisions of this article.

(2) The Minister, after consultation with the Corporation, shall article (2) shall be made with respect to employment in any trade or industry, or in any branch or part of any trade or industry, or to employment with any class of employer, being employment to which, in the opinion of the Minister, a percentage, other than the standard percentage, should be assigned owing to its distinctive characteristics as respects its suitability for persons with disability.

(4) An order specifying a special percentage shall contain such provisions as may appear to the Minister to be requisite for more particularly defining for the purposes of this article the trade or industry, branch or part of a trade or industry, or class of employer, to employment in which or with whom such percentage is assigned.

(5) The quota at any time of a person to whom article 15 applies shall be the number ascertained by applying to the number of all the persons at that time in his employment (excluding persons employed by him in an employment of a class at that time designated under article 19 and any employee related to him by consanguinity or affinity up to the third degree) -

(a) so far as they consist of persons employed by him in an employment other than one to which a special percentage is at that time assigned, the standard percentage; and

(b) so far as they consist of persons employed by him in an employment to which a special percentage is at that time assigned, that percentage: Provided that, if the number so ascertained includes or consists of a fraction less than one half, such fraction shall be disregarded, and, if the number so ascertained includes or consists of a fraction being one-half or more, the quota shall be the nearest higher whole number.

(5A) A person who fails to respect the quota referred to in sub-article (2), as determined in accordance with sub-article (5), shall be required to make an annual contribution as determined by the Corporation:

Provided that the annual contribution shall be two thousand and four hundred euro (€2,400) for every person with disability that should be in his employment, to a maximum of ten thousand euro (€10,000) for any one person who so fails to respect the quota: Provided further that the maximum amount of ten thousand euro (€10,000) referred to in the above proviso shall not apply to a group of companies which is duly registered with the relevant authorities.

(5B) The Minister may, following consultations with the Corporation, by means of regulations amend the amounts referred to in sub-article (5A).

(6) The Minister may, in consultation with the Corporation, and circumstances in which all or any of the persons employed by him, are employed, which reduction shall be for a term not greater than twelve months.

(7) Particular employers, like temporary work agencies, temporary service contractors, and companies with fluctuating or seasonal levels of employment, shall be entitled, for quota calculation purposes, to establish the true size of their workforce by counting a temporary employee as a fraction of 1 in mathematical proportion to the number of days actually worked by such employee from 1st January to the 31st December.