MIM calls for substantial reform in education and accreditation systems

The Malta Institute of Management has once again called for a reform in education and in accreditation systems. The MIM has been for more than a decade stating that the education sector needs a reform as it is not meeting the needs of the economy in various sectors.

Various sectors are having issues in identifying the right human capital in order to ensure it provides the services necessary towards the business that they have attracted. At the same time, the number of young people leaving school at the young age of 16 is one of the highest in the European Union. This is a clear indication that the education system is not working and is becoming non attractive to younger persons. There are various measures that one can take in this sense including but not limited to the increasing of the school leaving age to 18 years of age and in reviewing the assessment system as well as the obligatory subjects in proceeding into certain educational programmes. MIM feels that there is need for more focus on exit points rather than entry points.

The MIM has proposed various alternative routes to various governments with unfortunately no follow-ups by the appropriate ministers. The MIM has created itself alternative qualification, just to be turned down by the archaic method of assessment for accreditation. The main comment was “it does not fall within the traditional system of education”. It is evident that the assessors are not in a position to consider new methods of delivery and/or assessment.

The system of warrants (practising certificates) in Malta is also an old one aimed at creating a cartel which beats the whole concept of competition. In addition, the laws of Malta, in certain circumstances, are more favourable towards foreigners than towards Maltese. The laws have created injustices and a vacuum when it comes to engineering, accountancy and other qualifications. Governments have failed to address this in spite of the fact that some of these qualifications are offered by the Malta College for Arts Science and Technology.

The National Commission for Further and Higher Education needs to upgrade itself and be more open to different propositions. However, more importantly it needs to work in order to disseminate information of its function with other authorities and institutions in Malta. It is uncalled for that what is recognised and accredited by the NCFHE is not recognised by other institutions and/or other ministries. The paradox is that what is accredited by NCFHE will be recognised in other EU member states but it will not be recognised by Maltese government bodies.

MIM calls on the Minister for Education to immediately set up a working group with executive powers to address the alarming situation.

MIM presents The Impact of the Marriage Act on Maltese Employment Law report to the Minister for European Affairs and Equality, Dr Helena Dalli

On 11 October, the president of the Malta Institute of Management, Reuben Buttigieg together with the MIM Council, presented the Minister for European Affairs and Equality, Dr Helena Dalli with the report titled The Impact of the Marriage Act on Maltese Employment Law.

Buttigieg said: “The MIM felt that the changes in the Marriage Act would impact on various aspects within the business world. Indeed, in negotiations of contracts, certain matters started to come up. The Council felt the need to point out that in order to ensure full implementation of the Marriage Act and not to leave room for excessive interpretation such changes need to start taking place. The first study engaged into was in relation to the Employment legislation. The MIM is currently engaging into other studies that will propose more changes in order to ensure smooth transition.”

In its report, the MIM has outlined the changes enacted in the Marriage Act of 2017, namely significant changes to various laws with the aim of marriage equality for all. However, the report goes further in clarifying certain instances within the same Act, which pertain to different sectors of the economy, proposing changes to traditional references to husband, wife, mother and father, in a bid to wholly standardise regulations for all sectors. MIM is proposing that these same references become gender neutral and offer legal clarity for same-sex married couples throughout all relevant laws.

Buttigieg added: “As MIM we look at things from a practical point of view and in order to be efficient, laws and regulations need to be clear enough in order not to waste time in trying to interpret what the regulator intended or understand why subsidiary legislation is in conflict with the main legislation. This in the name of efficiency and in order to avoid unnecessary litigation.”

With regard to Parental Leave Regulation, in its report the MIM reiterates that the wording used in this particular instance, “the right to parental leave granted to both male and female workers” needs to be changed to “both parents” to reflect the scenario where same-sex couples have become new parents. A similar recommendation within the report tackles the Urgent Family Leave Regulations outlining the need to change the terminology “husband, wife” to more gender neutral “spouses”.

An even more significant change proposed by the MIM is in the definition of birth leave used in the Minimum Special Leave Entitlement Regulations, which states “leave without loss of wages granted to a father on the occasion of the birth of his child” which in itself is discriminatory and creates a conundrum in the case of female same-sex couples. In its report, the MIM recommends that this phraseology be changed to “leave without loss of wages granted to the other parent on the occasion of the birth of his/her child”.

The report proceeds with highlighting the required changes in the current terminology used in the Wage Regulation Orders for various sectors, mainly focusing on Birth Leave, Bereavement Leave and Special Leave regulations for each.

In its conclusion, the report emphasises the importance of gender inclusive language to be applied in both existing and new Collective Agreements, as well as Policies and Procedures executed by companies. Further to this, the MIM reiterates that any benefits given to heterosexual couples are also given equally to same sex couples, to provide further protection and ensure that discrimination is eliminated at the workplace. The report also suggests that mandatory audits be introduced, in order to ensure that employers are actually fulfilling their legal obligation and failure to adhere to such obligations will result in the imposition of administrative penalties.