Training Course: KY02 - Award in Know your Rights - Basics in Employment Law

Course Description: This course ensures that the applicants differentiate between all their rights and obligations at law within their respective workplaces. Whilst bearing in mind that the target group in question has, for lengthy periods of time, been unemployed, it is very likely that they are unaware of their rights, or, if they are so aware, overlook them so as not to run the risk of facing unemployment once more.

EQF/ MQF Level: Level 2                                                       ECTS per course: 1

Mode of Delivery: Traditional/ Face to Face                         Total Hours: 25 hours

Mode of Attendance: Part Time                                           Language: English    

Programme Duration: 3 Weeks

Target Audience: 16-18, 25+,

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Target Group: office environment, retail, hospitality.

Accreditation Category: Further Education Programme

Accredited by: Malta Further & Higher Education Authority. (MFHEA).

Course Structure: By the end of this course, the applicants will be able to:

·         Recognize basic knowledge of their employment rights.

·         Distinguish between different types of employment contracts.

·         Identify the legal obligations of their employer.

·         Recall what is expected of them at their workplace.

·         Recognize the remedies granted to them by law should their rights be violated. Identify the consequences should they breach their employment contracts.

·         Define procedures which have been set up by law and to which they may resort to.

·         Recognize actions which are required to initiate such procedures to remedy said violations.

Entry Requirements: Applicants should have, but not necessarily*, the ability to read and write basic English or Maltese.

Outline of course:

Learning Outcomes

Module 1.1: Kuntratt ta’ Servizz

A contract of employment is defined as a contract of service in the Maltese legal system. There are various types of contracts of services within the Employment and Industrial Relations Act. The most basic principle of employment is under which contractual regime the employee falls.

Competences:

·         Identify the pre-requisites of employment.

·         Differentiate between different employment contracts.

·         List and differentiate between the three types of contracts of services.

Knowledge:

·         Distinguish any possible violations of the contract of services.

·         Identify different clauses which can be present within a contract of service.

·         Recognise any documentation required if it his/her first contract of service.

Skills: Applying knowledge and understanding.

·         Interpret the content of any conditions found within the contract of service.

·         Compare and contrast various case studies and instances where certain clauses are applicable or not.

Judgement Skills and Critical Abilities:

·         Identify the consequences of actions which will be in breach of employment contract.

·         Review any considerations arising from the omission certain vital clauses such as hours of work, payment etc.

Additional Module-Specific Learner Skills:

·         Compare own experiences with others when applicable.

·         Relate to others’ own experiences

·         Practice participating in debates and opinions with other applicants and trainers.

Module-Specific Learner Skills:

·         Identify experience as a window of opportunity for similar mistakes not to be repeated.

Module 1.2: Zmien ta’ Prova

The probation period is essential to understand because it has various rules and regulations which vary from the conventional rules of employment.

Competences:

·         Recognize the differing regulations during the probation period

·         Compare and contrast these different regulations with the conventional rules dictating termination of employment.

Knowledge:

·          Identify available remedies in case the probation period is not outlined.

·          Identify the consequences to which they are liable in breach of employment contracts.

·          Identify timeframes regarding probation.

Skills:

·         Use problem solving skills to discuss probation timeframes.

Judgement Skills and Critical Abilities:

·         Identify the notions between probation period and terms of notice.

Module 1.3: Paga

There are certain criteria which must be followed when an employee receives due payment for the services carried out for the employer. Furthermore, there are certain sectors of society whose minimum wage by law varies from the norm.

Competences:

·         Identify the rules binding the employer regarding payment.

·         Distinguish between the various wage regulation orders.

Knowledge:

·         Identify and recognise how and where one can view the minimum wage to be received by an employee.

Skills:

·         Distinguish between various wage regulation orders.

·         Consider the various requisites for payment to be valid in the eyes of the law.

Judgement Skills and Critical Abilities:

·         Predict the consequences of actions which can deter the receipt of full payment for the service rendered.

·         Distinguish which dispute resolution method will best remedy a violation of their rights.

Module 1.4: Perjodu ta’ Serhan u Leave

An employee has a right by law to have certain hours of rest throughout their term of employment and daily routine at work. It is important for the employee to identify the amount of time allotted for his rest.

Competences:

·         Review instances when he/ she is not being allowed sufficient time to rest.

·         Choose instances when they can use the periods of leave allotted to him/ her.

Knowledge

·         Identify the different types of leave.

·         Compare between the different rest periods in different sectors of the economy.

Skills

·         Identify instances when he/ she may demand leave.

·         Identify, compare, and evaluate the issues regarding overtime.

Judgement Skills and Critical Abilities:

·         Identify instances when their right period of rest is being violated.

Additional Module Specific Communication Skills:

·         Compare own experiences with others when applicable.

·         Relate to others’ own experiences.

·         Practice participating in debates and opinions with other applicants and trainers.

Additional Module Specific Learning Skills:

·         Identify past experience as a window of opportunity for similar mistakes not to be repeated.

Module 1.5 Avviz ta’ Temm t’Impjieg

When an employee wants to terminate his/ her contract of service, one does not simply leave employment. There are certain procedures which must be followed to leave one’s employment without following certain procedures and time-limits.

Competences

·         Identify the instances when the employee’s contract of service is about to expire.

·         Interpret the instances when they shall be required to give notice or any timeframes which must be replaced.

Knowledge

·         Compare and review instances where there are different types of contracts of service which have different notice periods.

·         Identify that there are certain reasons which cannot be given by the employer to terminate a contract of service.

Skills

·         Recognise and identify solutions of problems efficiently and effectively.

Judgement Skills and Critical Abilities:

·         Identify the consequences of terminating a contract of service prior to its expiry.

·    Recognise that there are instances here it is justifiable for an employee to leave without delivering notice.

Additional Module Specific Communication Skills:

·         Identify the criteria to formally deliver the notice of termination of employment.

Additional Module Specific Learning Skills:

·         Identify past experience as a window of opportunity for similar mistakes not to be repeated.

Module 1.6: Procedura ghat-Tilwim

There are instances where the rights of an employee are violated. The procedure is not a lengthy one, however, it is important to identify the process and individuals in the process of resolving any disputes between the employee and the employer.

Competences

·         Recognise the instances when they can resort to the Industrial Tribunal.

·         Identify the various key players involved in an industrial dispute.

·         Review an instance where an amicable resolution may be reached or conversely, when a dispute is referred before the board.

Knowledge

·         Identify the procedure to be followed in employment claims.

·      Identify the binding force of the decision of the Industrial Tribunal and/ or its subsequent appeal.

Skills

·         Recognise the instances when the employer has infringed any employment rights.

·         Identify the roles of the individuals sitting on the Industrial Relations board.

Judgement Skills and Critical Abilities:

·         Choose which dispute resolution method will best remedy a violation of their rights.

Additional Module Specific Communication Skills:

·         Demonstrate one’s own experiences in the presence of others.

·         Learn from others’ own experiences.

·         Discuss and debate respectfully opinions with other applicants and trainers.

Additional Module Specific Learning Skills:

·         Identify past experience as a window of opportunity for similar mistakes not to be repeated.

Learning Outcomes:

List examples of the rights obligations granted to him/her by the Maltese legal system. Interpret certain situations where their rights have been violated. Differentiate between instances when he has a right to take a course of action against his employer and instances when he does not have a right to take a course of action. Memorize the instances when he/she can or cannot avail of work leave. Identify the type of contract of service his employment is ruled by. Recognize his different rights and in future eventuality, explain his understandings to other people in his situation.

Assessment:

Apart from the questions which are posed to the participants throughout the course by the trainer, the learner also practises peer learning by answering any questions which are asked by fellow participants throughout the course. Furthermore, a 45-question assessment will identify the learner’s interpretation of the information grasped and will be used as summative assessment.

Hours of Total Learning – 25:

Total Contact Hours: 15

Self-Study Hours: 7

Supervised Placement and Practice Hours: 3

Assessment Hours: 0

Course Fee: Starting from €900