EMPLOYMENT AGENCIES REGULATIONS

SUBSIDIARY LEGISLATION 452.130

EMPLOYMENT AGENCIES REGULATIONS

1 st April, 2024 *

LEGAL NOTICE 270 of 2023, as amended by Legal Notices 108 and

109 of 2024 and 147 of 2026.

The title of these regulations is the Employment

Agencies Regulations.

(regulation 3)

The following services shall be exempt from the application of

these regulations and shall not require a licence when they are

provided through an outsourcing agency

(a)

professional services where the person providing

those services is in possession of a warrant, or its equivalent, to

exercise that profession, including but not limited to the

profession of advocate, auditor, or certified public accountant;

(b)

technical services where the person providing

those services makes available their technical knowledge,

experience, skill, know-how or processes and provides services

in relation thereto, such as those performed in relation to the

installation, maintenance and repair of equipment and

machinery; and

(c)

surveying services in relation to machinery and

vessels.

This exemption shall also apply in the event that the said

services are provided by employees at the premises of the user

undertaking where they are outsourced.

In the event of reasonable doubt as to whether the operation of a

particular service would be subject to a licence in accordance with

these regulations, the matter shall be conclusively determined by the

Director.

Amended by: 

In these regulations, unless the context otherwise

requires

"Act" means the Employment and Industrial Relations

Act;

"Administration Board" means the Employment

Agencies Administration Board established by regulation 19;

"advertisement" includes any advert in any publication or

broadcast on any radio or television station, cable network or on

the internet;

"Agencies Guarantee Fund" means the Employment

Agencies Guarantee Fund established by article 21A of the Act;

"Appeals Board" means the Employment Agencies

Appeals Board established by article 21B of the Act;

"applicant for employment" includes any person who

seeks to avail themselves of opportunities for employment

which are offered by an employment agency or employment

business;

"competent person" means a fit and proper person

approved by the Director to manage an employment agency or

employment business and who meets the criteria established in

these regulations, including but not limited to those established

in regulation 8;

"conditions of employment" shall have the same meaning

as defined in the Act;

"Department" means the department responsible for

industrial and employment relations;

*Vide the proviso to Regulation 1(2) of Legal Notice 270 of 2023 "Provided that first

time applicants are being granted a transitional period of two (2) months from the com-

ing into force of these regulations in order to fulfil their obligations in accordance with

these regulations.".

"Director" means the Director General responsible for

employment and industrial relations, and includes any officer

within the department responsible for employment and

industrial relations who is authorised by the Director to act on

his behalf;

"editor" shall have the same meaning assigned to it by

the Media and Defamation Act;

"employer" includes a partnership, company, association

or other body of persons, whether vested with legal personality

or otherwise;

"employment" shall have the same meaning assigned to

it in the Act;

"employment agency" or "employment business" means

any natural or legal person carrying out any relevant activity in

Malta

(a)

for the recruitment of

persons

for

employment in Malta or outside Malta;

(b)

as a temporary work agency; or

(c)

as an outsourcing agency,

and in the case of a legal person whose objects in its

memorandum of association include the carrying out of the said

relevant activities as well as the activities ancillary or incidental

thereto, but do not include objects which are not compatible with the

services of an employment agency or employment business;

"employment services" include the keeping of any

register of applicants for employment or the referral of

applicants for employment, the placing in employment of

applicants for employment; the placing of advertisements for

the filling of employment vacancies, the interviewing and

selection of applicants for employment and the offering of

employment contracts for, or on behalf of any employer to

applicants for employment, the assignment of employees to

user undertakings, whether such assignment is made by the

employment agency or employment business through the

activity of a temporary work agency or that of an outsourcing

agency;

"full vetting process" means the vetting, due diligence

and verification process carried out in accordance with

regulation 9(2);

"licensee" means the holder of a licence to operate an

employment agency or an employment business;

"Minister" shall have the same meaning assigned to it in

the Act;

"outsourcing agency" means a natural or legal person,

and in the case of a legal person whose objects in its

memorandum of association include the carrying out of the

relevant activities as well as all activities ancillary or incidental

thereto, but do not include such objects which are not

compatible with the services of an outsourcing agency, who

enters into contracts of employment or employment

relationships with employees and who assigns, whether on a

regular or on an irregular basis, the employees to user

undertakings to work there temporarily, by being physically

present at the premises of the user undertaking or working

remotely, under the supervision, direction and control of the

outsourcing agency, whether or not such activity is the main or

ancillary activity of the outsourcing agency;

"temporary agency worker" means a worker who has

entered into a contract of employment or an employment

relationship with a temporary work agency and who is

assigned, whether on a regular or on an irregular basis, to a

user undertaking to work temporarily under its supervision,

direction and control;

"temporary work agency" means a natural or legal

person, and in the case of a legal person whose objects in its

memorandum of association include the carrying out of the

relevant activities as well as all the activities ancillary or

incidental thereto, but do not include such objects which are not

compatible with the services of a temporary work agency,

which enters into contracts of employment or employment

relationships with temporary agency workers and who assigns,

whether on a regular or on an irregular basis, the temporary

agency workers to user undertakings to work there temporarily

under their supervision, direction and control, whether or not

such activity is the main or ancillary activity of the temporary

work agency;

"user undertaking" includes any employer or any person

other than an applicant for employment who makes use of any

services provided by an employment agency or employment

business;

"Working Committee" means the committee established

in accordance with regulation 9A."

L.N. 109 of

(regulation 5(3))

2024. The following licence fees shall be applicable

EMPLOYMENT AGENCIES

(a)

for recruitment services

(i)

a licence fee of three thousand euro

(€3,000), shall be paid to the Director upon the

submission of an application by a first-time applicant;

(ii)

a fee of three thousand euro (€3,000), shall

be paid to the Director upon the submission of every

application for the renewal of a licence;

(b)

for temporary work agencies or outsourcing

agencies

(i)

a licence fee of three thousand euro

(€3,000) shall be paid to the Director upon the

submission of an application by a first-time applicant;

(ii)

a fee of three thousand euro (€3,000), shall

be paid to the Director upon the submission of every

application for the renewal of a licence;

Such fees shall not be refunded to the applicant if the application

or any renewal is refused.

(1)

No person shall operate an employment agency or

an employment business unless

(a)

any employer who manages any employment

agency or employment business connected to any employment

in such employer’s own undertaking or in any undertaking in

which such employer participates in the day to day management

as an active partner or for any company in which such

employer’s company has an interest as majority shareholder,

provided that if any advertisement is placed for the filling of

any vacancy, the identity of the employer shall be clearly

specified in the advertisement;

(b)

such person is lawfully established to conduct

business as an employment agency in a Member State of the

European Union, and has informed the Director that they are

providing the services of an employment agency in Malta

Provided that for the purposes of these regulations,

"lawfully established" shall be read and construed in accordance with

the Services (Internal Market) Act

Provided further that the Director may impose any

necessary requirements on persons referred to in paragraph (b) in

accordance with the Services (Internal Market) Act and it shall be an

obligation on persons referred to in paragraph (b) to adhere to the said

requirements

Provided further that a licence may only be granted for

one (1) activity, specifically, either-

(a)

for the recruitment of persons for employment in

or outside Malta, or

(b)

to render any one (1) or both of the following

activities

(i)

the activities of a temporary work agency,

and, or,

(ii)

the activities of an outsourcing agency,

as the applicant shall determine

Provided further that a separate licence for each such

activity shall be required

Provided further that natural persons shall qualify to be

granted a licence to operate any employment agency or employment

business if they are eighteen (18) years of age or more.

(2)

The procedure which shall be followed for a licence to be

issued under these regulations shall be as follows

(a)

an applicant for a licence in accordance with sub-

regulation (l)(a) shall not less than twenty-one (21) days before

submitting the application

(i)

display notice of the application in a place

where it can be conveniently read by the public on or

near the premises from which the employment agency or

employment business is or is to be carried out and adopt

such measures as the applicant can reasonably take to

keep that notice so displayed for a period of twenty-one

(21) days; and

(ii)

publish a notice of its application in two (2)

daily Maltese newspapers, one is published in English

and one is published in Maltese, both in print and also

electronically, using a format provided by the Director;

(b)

a notice made under this regulation shall indicate

the name and address of the applicant, and in cases where the

applicant is a legal person, the applicant’s registration number,

its registered office, and the address of the premises from which

the employment agency or employment business is located or is

to be carried out, which premises shall be suitable in terms of

the applicable law.

(3)

In the following cases a licence shall not be required and

the provisions of sub-regulation (1) shall not apply to

(a)

any employer who carries out any recruitment

related activity connected to any employment in such

employer’s own undertaking or in any undertaking in which

such employer participates in the day to day management as an

active partner or for any company in which such employer’s

company has an interest as majority shareholder, provided that

if any advertisement is placed for the filling of any vacancy, the

identity of the employer shall be clearly specified in the

advertisement;

(b)

any recruitment related activity provided by an

employment agency on behalf of any employer whose identity

is clearly specified in an advertisement inviting applicants for

employment;

(c)

any outsourcing agencies in so far as they carry on

any of the services listed in the First Schedule, in respect of

such services;

(d)

Jobsplus while carrying out the functions of an

employment agency, whether through the agency of other

persons, or as agent or otherwise on behalf of other persons in

accordance with the Employment and Training Services Act;

and

(e)

every entity including, but not limited to every

body, organisation, agency, foundation or any other set-up in

which the Government of Malta has control.

(4)

Except in those cases where the employment business is

limited to the recruitment of persons for employment and does not

involve the conclusion of contracts of employment or employment

relationships with employees, the employment agency or employment

business may not operate under any agreement or any other

arrangement with any user undertaking which provides for exclusivity

in the provision of any employment services to such user undertaking,

and any agreement or alternative arrangement providing for a form of

exclusivity shall be null and void.

(5)

An employment agency or employment business

providing services of recruitment of persons for employment shall not

register any employees under its own name, except when such

employees are required to perform duties specifically and exclusively

for such employment agency or employment business. To ensure

compliance with this provision, the employment agency or

employment business shall provide the Director with a list of persons

employed by it, which list shall be officially obtained from Jobsplus,

and this upon the submission of the original application for a licence

under these regulations, upon every submission of an application for a

renewal thereof, and whenever requested by the Director for the

purpose of this sub-regulation.

(6)

No user undertaking shall seek employment services

from any provider unless such provider is a licensed employment

agency or employment business in accordance with these regulations.

Any person who, during any ongoing investigation or process

undertaken in virtue of these regulations, is found to be in breach or

failing to comply with the provisions of this sub-regulation shall be

guilty of an offence under these regulations.

(1)

Any person who, prior to the entry into force of

these regulations, was engaged in any activity or operation relating to

employment agencies or employment business, providing recruitment

of persons, and is in possession of a valid licence to do so under the

Employment and Training Services Act or regulations issued

thereunder, may continue to perform such activities as authorised

under their existing licence conditions until such existing licence

expires

Provided that any such person shall apply for a new

licence in accordance with regulation 3(1) with the Director at least

two (2) months before the expiration of any existing licence or, if the

existing licence expires earlier than two (2) months from the day of the

coming into force of these regulations, not later than one (1) month

from the day of the coming into force of these regulations. Any

existing licence expiring within the said one (1) month period shall be

deemed to have been extended accordingly.

(2)

In the period between the date when these regulations

come into force and the date when the new licences come into effect,

the authorised provider shall follow all directions and conditions that

the Director may establish

Provided that when such conditions are inconsistent with

the existing licence, the new conditions shall prevail.

(3)

Any person applying for a licence as a first time

applicant shall submit an application as from the 1st of January 2024.

(4)

Identity Malta Agency shall not accept and process any

application for a residence permit in accordance with the Single

Application Procedure for a Single Permit as regards Residence and

Work and a Common Set of Rights for those Third-Country Workers

Legally Residing in Malta Regulations, or any application for the

renewal of such a permit from a third-country national unless that

application is endorsed by his prospective employer who is in

possession of a valid licence issued by the Director and who in

accordance with these regulations is bound to have a valid licence

Provided that sub-regulation (4) shall not apply to

applications submitted by third-country nationals and who paid the

required fee for an employment licence prior to the coming to force of

these regulations. In such cases the third-country national applicant

may be given reasonable time by Identity Malta Agency to seek

alternative employment with another employer.

(1)

Applications for licences to operate an

employment agency or employment business shall be submitted to the

Director in such form as the Director may require. Each application

shall include the following particulars

(a)

in the case of natural persons, the name, address

and a valid identification document number, and in the case of a

legal person, the name of that legal person, its registered

address and the registration number;

(b)

the Value Added Tax registration number, Income

Tax registration number of the applicant and in the case of a

legal person a good standing certificate in respect of the

applicant issued by the Malta Business Registry, not earlier than

one (1) month from the date of application;

(c)

address of the place where the activity is proposed

to be carried out, which place shall be covered by a permit

showing that the premises can be used for commercial purposes

in Category D – Commercial Uses, Class 4A, paragraph (c) in

accordance with the Development Planning (Use Classes)

Order or by any other relevant permit as long as the Director is

satisfied that the premises are suitable for the purposes they are

intended for. A copy of the relevant permit shall accompany the

application;

(d)

detailed information about the activities to be

carried out. Such information shall include

(i)

a description of the services proposed to be

provided;

(ii)

the method of financing of the employment

agency or of the employment business proposed to be

offered;

(iii) a declaration by the applicant to the effect

that a notice of intention has been displayed by the

applicant and that advertisements have been published in

at least two (2) daily newspapers in print and

electronically, as required by the provisions of regulation

3(2)(ii). A copy of the notice and of the newspapers

showing the advertisements shall accompany the

application; and

(iv) the name, address and the registration

number of a valid identification document and the

curriculum vitae indicating the date of birth, educational

and professional qualifications and professional

experience of the competent person.

(2) Applications, whether submitted by a first time applicant

or a licensee for renewal of a licence shall also be accompanied by

(a)

a sworn declaration by the applicant to the effect

that he, or in the case of where the applicant is a

legal person each of its directors, is not an

individual who at any time was found guilty or, at

the time of the application, is being interrogated

and suspected, or has criminal charges brought

against him for any criminal offence, other than an

involuntary offence, punishable with more than two

(2) years imprisonment;

(b)

a recent original conduct certificate in relation to

the applicant, or in the case where the applicant is a

legal person, in relation to each of its directors,

EMPLOYMENT AGENCIES

from each country or countries of residence where

such a person has resided for a period of at least

two (2) years during the last ten (10) years, unless

the applicant manages to prove to the satisfaction

of the Director that it is not possible to obtain any

such certificate from any particular country of

residence

Provided that no original conduct certificates are

retained and no copies of such documents shall be

made by the Director after having examined and

kept an internal note of the contents of the

documents;

(c)

a sworn declaration by the nominated competent

person that he is not a person who at any time was

found guilty, or at the time of the application, is

being interrogated and suspected, or has criminal

charges brought against him for any criminal

offence, other than an involuntary offence,

punishable with more than two (2) years

imprisonment;

(d)

a recent original conduct certificate in relation to

the nominated competent person from each country

or countries of residence where such person has

resided for a period of at least two (2) years during

the last ten (10) years, unless the applicant manages

to prove to the satisfaction of the Director that it is

not possible to obtain any such certificate from any

particular country of residence

Provided that no original conduct certificates are

retained and no copies of such documents shall be

made by the Director after having examined and

kept an internal note of the contents of the

documents; and

(e)

a recent tax compliance certificate or equivalent,

which shall not be dated earlier than one (1) month

prior to the date of application, issued by the

Commissioner for Tax and Customs indicating the

registration details and tax compliance status of the

competent person, the applicant and each of the

applicant’s directors and shareholders where the

applicant is a legal person.

(3)

An application for the granting or renewal of a licence

shall be accompanied by the fees listed in the Second Schedule.

(4)

Every

application

submitted

to

the

Director

in

accordance with regulation 3(1)(b) shall include

(a)

the name of the employment agency and its

registered address, which shall be in a Member State;

(b)

the name, the address and the registration number

of a valid identification document of the competent person

authorised by the employment agency or employment business

to carry out the functions of the employment agency or

employment business in Malta and proof that the person is

legally established in another Member State; and

(c)

the address of the place in Malta where the

activity is proposed to be carried out.

(5)

Upon applying for the renewal of a licence to the

Director, the person seeking renewal shall provide a signed declaration

by the competent person stating that such person is still carrying out

the duties as the competent person for that employment business or

employment agency at the time of the said application.

(6)

An application for a licence shall be accompanied by

evidence that the applicant shall be able to provide a bank guarantee in

favour of the Administration Board in accordance with regulation

20(1) as well as any other terms that the Administration Board may

require.

(7)

An application for a licence by a first time applicant or

by a licensee for a renewed licence shall contain or be accompanied by

such other information and particulars as the Director may require,

including but not limited to that relating to the applicant or the

licensee, the competent person, and where the applicant or the licensee

is a legal person, to the applicant’s or the licensee’s directors,

shareholders and any person having a beneficial interest in the

applicant or the licensee, and shall be verified in the manner and to the

extent required by the Director.

(8)

The Director shall, at any time throughout the application

process for a licence or its renewal, and throughout the validity of a

licence, request the applicant or the licensee, as the case may be, to

provide such information and particulars as the Director may require

in order to enable him to exercise his functions under these

regulations, and such information may include but shall not be limited

to comprehensive and verifiable payroll documentation, including but

not limited to salary records, and any other pertinent financial records

pertaining to employees of the applicant or the licensee, as the case

may be.

(9)

The Director may, from time to time, issue procedural

guidelines to specify the operational aspects and interpretations under

these regulations.

Where after an initial assessment of the application for a

licence under these regulations, or a renewal thereof, the Director is of

the opinion that further verifications on the applicant or his business,

or on the competent person are required, the applicant or the licensee

for renewal shall be required to furnish to the Director, at the

applicant’s or the licensee’s own cost, such due diligence reports from

reputable third party operators as the Director may require and

approve in the circumstances.

(1)

A licence to operate an employment agency or an

employment business in accordance with regulation 3(1)(a) shall be

issued by the Director, on the recommendation of the Working

Committee, for a period of three (3) years commencing on the date

specified in the licence. Such licence shall be renewed for further

periods of three (3) years, subject to the submission of an application

for such renewal and the continuous fulfilment of the requirements

established in these regulations

Provided that where a request for renewal has been

received prior to the expiry of a valid licence, the licence shall remain

valid until a decision on the request is taken by the Director.

(2)

Licences shall be issued by the Director subject to the

conditions laid down in the Act or these regulations, as may be in force

from time to time, and may also be subject to such conditions as the

Director may impose upon the recommendation of the Working

Committee in accordance with paragraph (d) of sub-regulation (16) of

regulation 9A. In addition, the Director may impose other conditions

in the licence to ensure the proper management of the employment

agency or employment business or for the protection of the user

undertakings, and in particular of applicants for employment. Such

conditions may be varied by the Director.

(3)

The holder of a licence granted by virtue of these

regulations or the person referred to in regulation 3(1)(b) shall keep

displayed on the premises to which the licence relates or from which

the business of an employment agency or employment business is

carried out, as the case may be, in such a position that it can be readily

seen by persons entering those premises and displayed prominently on

any website that the holder of the licence may use for the purpose of

the employment agency or employment business to which the licence

relates

(a)

the licence granted by virtue of these regulations,

if applicable; and

(b)

a copy of these regulations which shall be

available for inspection by any interested person

Provided that failure to comply with the provisions of

this sub-regulation shall constitute an offence in terms of these

regulations.

(4)

It shall be a condition of any licence that a competent

person shall be available at all times to manage the employment

agency or employment business. For this purpose, the competent

person shall be employed by the employment agency or employment

business on a full-time basis and shall, throughout such employment,

be allowed to occupy such position with one (1) such employment

agency or employment business only

Provided that the employment agency or employment

business may appoint a designated employee to assist the competent

person to fulfil their function effectively and, whenever necessary, to

temporarily replace the competent person when absent. In any case,

the employment agency or employment business shall obtain the prior

approval of the Director and his eligibility shall be subject to the same

criteria established for the competent person. Any designated

employee shall work under the direction of the competent person.

(5)

(a)

When the existing competent person is no longer

employed with the employment agency or employment business, and

the new competent person is pending approval by the Director, the

employment agency or employment business shall, as soon as

practicable on becoming aware of such fact, notify the Director in

writing thereof and provide the Director with the details of the

employee who, shall be assuming temporarily the role of competent

person and to whom any requests or queries are to be addressed, which

employee may be a previously appointed designated employee;

(b)

the Director shall also be notified whether the

termination of employment of the competent person was in any

way related to the implementation of the competent person’s

obligations in accordance with these regulations and whether

this had any implication that should be brought to the attention

of the Director. The notification referred to in sub-regulation

(5)(a) shall be made within fifteen (15) days from the date of

termination of the competent person’s employment.

(6)

Failure to comply with the provisions of this regulation

shall constitute an offence in terms of these regulations.

(7)

The person referred to in regulation 3(1)(b) shall ensure

that a competent person is available at all times to manage the

employment agency or employment business. The provisions of sub-

regulations (4) to (6) shall apply mutatis mutandis to the competent

person referred to in this sub-regulation.

(8)

Where it is intended to effect any change in the place

where the activity of the employment agency or employment business

is carried out, or in the class of activity to be carried out, or any

substantial change in the procedures or any transfer of business is

intended, the licensee or the person referred to in regulation 3(1)(b)

shall notify the Director in writing of the proposed change not later

than one (1) month before the proposed change. Failure to notify the

Director shall constitute an offence in terms of these regulations

Provided that nothing in this sub-regulation shall be

considered as an authorisation to the holder of a licence to operate any

business in accordance with regulation 3(1)(a) other than in

accordance with the provisions of the said licence

Provided further that every licence issued in accordance

with these regulations shall be endorsed with notice of the effect of

this regulation.

(9)

A transfer of a licence to another person shall be deemed

to be complete once it is approved in writing by the Director. When

applying for a transfer of a licence, the licensee shall provide the

Director with the name, address and the registration number of a valid

identification document of the person to whom it is intended to

transfer the licence and all the particulars and documents specified in

regulation 5 in respect of the person to whom the licence is to be

transferred.

(1)

A competent person nominated in accordance

with these regulations shall be

(a)

a Maltese citizen;

(b)

a citizen of another Member State of the European

Union entitled to equal treatment to Maltese citizens;

(c)

a citizen of any other country who is entitled to

equal treatment to Maltese citizens in matters related to

employment by virtue of the application to that country, of

European Union legislation and treaty provisions dealing with

the free movement of workers; or

(d)

any other person who is entitled to equal treatment

to Maltese citizens in terms of the law or by virtue of European

Union legislation and treaty provisions, on account of their

family relationship with persons referred to in paragraphs (a),

(b) or (c);

and in any case, be a resident in Malta.

(2)

The Director shall seek the advice of the Identity Malta

Agency or Community Malta Agency, including any one of their

respective officers, with regard to the interpretation of sub-regulation

(1) and in relation to the verification of compliance of the competent

persons in accordance with the criteria laid down in these regulations.

(3)

In addition to the provisions of sub-regulation (1), a

competent person shall

(a)

(i)

have not less than six (6) years experience

in any activity which includes the management of human

resources; or

(ii)

have not less than three (3) years

experience in any activity which includes the

management of human resources and be in possession of

a university degree in a field which, in the opinion of the

Director, is relevant to the management of an

employment agency or employment business; and

(b)

provide a reference letter from their previous

employer or from a warranted professional, which letter shall

include an attestation of good moral character and, in the case

of the letter being provided by their previous employer, of the

relevant experience in the management of human resources.

(4)

The competent person shall be responsible for the proper

management of the employment agency or employment business.

(5)

It shall be the responsibility of the applicant to ensure

that the Director is notified in writing of the name, address, the

registration number of a valid identification document, and that the

Director is provided with the curriculum vitae, qualifications and

testimonials of experience of the person nominated by the applicant as

a competent person to manage the employment agency or employment

business and of any designated employee appointed by the applicant to

assist the competent person, together with the submission of the

application.

(1)

The Director may, on the recommendation of the

Working Committee, refuse an application submitted by a first time

applicant or a licensee for the renewal of a licence, or may revoke a

licence or vary any of the conditions of a licence, as the case may be,

on any of the following grounds

(a)

that the applicant has failed to comply with any of

the provisions of these regulations, the Act or of any other

regulations made thereunder, or has failed to comply with any

conditions laid down in the licence, and the applicant has failed

to remedy such non-conformity within thirty (30) days from the

date of a communication of the Director of such ground,

provided that such non-comformity may be remedied. If the

applicant fails to remedy such non-conformity within the said

period or if the non-conformity may not be remedied, then in

such cases there shall be a ground for refusal or revocation of a

licence;

(b)

that in the case where the applicant is a legal

person, the actual activities of the applicant are not compatible

with its objects in accordance with the definition of

employment agency or employment business in regulation 2

and the applicant has failed to remedy such default within thirty

(30) days from the date of a communication of the Director of

such ground;

(c)

that according to the determination of a Working

Committee, the competent person is not a fit and proper person

to provide the services concerned, based on a full vetting

process, or is no longer employed by the licensee in accordance

with these regulations;

(d)

that according to the determination of a Working

Committee, the applicant, where this is a natural person, or any

of the directors of the applicant, where this is a legal person, are

not individuals who are fit and proper persons, based on a full

vetting process;

(e)

that, according to the determination of a Working

Committee, in the case of a legal person, any person who

directly or indirectly owns or controls twenty-five percent

(25%) or more of the capital or voting rights in the applicant, or

otherwise exercises control over the management of the

applicant, is not a fit and proper person, based on a full vetting

process;

(f)

without prejudice to paragraphs (c) to (e), that any

of the persons mentioned in the said paragraphs has, as from the

date of coming into force of these regulations, been convicted

by a Court in respect of the breach of

(i)

any law relating to immigration, including

but not limited to human trafficking; or

(ii)

the Act or any regulations issued

thereunder, unless the relevant person, having been so

convicted for the first time since the date of the coming

into force of these regulations, has remedied the breach

within thirty (30) days from the date of conviction by the

Court, provided such breach may be remedied; if the

relevant person fails to remedy such breach within the

said period, or if the breach may not be remedied, then in

such cases there shall be a ground for refusal or

revocation of a licence; in addition, if the relevant person

has been convicted in respect of the breach of any law

relating to employment for a second time, irrespective of

whether the prior breaches have been remedied or not, or

if there are pending cases, then in such case this shall

also be a ground for refusal or revocation of a licence;

(g)

that the applicant does not have a clean record of

compliance with tax and social security obligations, including

but not limited to having any unpaid taxes or outstanding tax

debts and, or unpaid contributions to Malta’s social security

system and has failed to remedy such default within thirty (30)

days from the date of a communication of the Director of such

ground;

(h)

that in the case where the applicant is a legal

person, the name of the applicant is not consistent with its

activities as outlined in paragraph (b) and the applicant has

failed to remedy such default within thirty (30) days from the

date of a communication of the Director of such ground;

(i)

that the Director has acquired knowledge and

evidence indicating that the applicant or licensee, as the case

may be, has knowingly entered into arrangements or continued

to do business with any third party who has charged any fees or

demanded any payment from applicants in exchange for

employment services;

(j)

that the licensee or the competent person

nominated by the licensee to manage the employment agency or

employment business or any other person responsible for the

running of the employment agency or employment business has

charged any fees or demanded any payment from applicants for

any employment services;

(k)

that the applicant for a licence or the licensee, or

where the applicant or licensee is a legal person, any director of

the applicant or licensee, or every person who directly or

indirectly owns or controls twenty-five (25%) or more of the

capital or voting rights in the applicant for a licence or the

licensee, or otherwise exercises control over the management

thereof, or any competent person nominated by the applicant

for the licence or by the licensee has been convicted by any

Court of any offence under these regulations or in relation to

any of the criminal offences mentioned in sub-regulation (2)(d)

or (e);

(l)

that the licensee has failed to keep the Director

informed of any change in the nature of the activities carried

out or the procedures adopted or has failed to provide the

Director as required by these regulations with the particulars of

the person nominated by him as a competent person to manage

the employment agency or employment business or to act as a

designated employee to assist the competent person;

(m) that the applicant has provided information or

made declarations or statements to the Director in relation to

the application for the issuing of a licence or its renewal, which

were known by the applicant to be inaccurate, false or

misleading in any material respect, or information provided

recklessly or he made a declaration or statement which is

inaccurate, false or misleading in any material respect;

(n)

that the employment agency or employment

business has been or is being improperly conducted and the

licensee has failed to remedy such default within thirty (30)

days from the date of a communication of the Director of such

ground;

(o)

that the applicant has failed to provide, or

maintain throughout the applicability of any licence issued, a

bank guarantee on the terms provided in accordance with

regulation 20(1) and has failed to remedy such default within

thirty (30) days from the date of a communication by the

Director on such ground;

(p)

that a first time applicant or a licensee applying

for a renewed licence has failed to provide any information

requested by the Director within the time stipulated by the

Director or has withdrawn or abandoned the application at any

time during a period of twelve (12) months commencing to run

from the date of submission of the application; or

(q)

that the refusal or revocation or variation of the

licence is considered by the Director as desirable for the

protection of the general public or the reputation of Malta.

(2)

The Director shall carry out the vetting, due diligence and

verification process of the eligibility of the applicant, referred to in

these regulations as the "full vetting process", in such manner, and

according to such processes as the Director may determine from time

to time, and such full vetting process may include security verifications

to be carried out by law enforcement authorities, who may use

available tools for such purposes, as well as all other verifications as

regards money laundering and terrorism financing risks by other

competent authorities having the necessary authority to conduct such

verifications. For the purpose of this regulation, the phrase the "full

vetting process" shall include but not be limited to a thorough

investigation and evaluation of a relevant person’s background

including whether such person

(a)

has been indicted of any offence before the

Criminal Court and such person has been found guilty;

(b)

is listed with the International Criminal Police

Organization (Interpol) or Europol;

(c)

is an actual or potential threat to national security,

public policy or public health of Malta;

(d)

has at any time, been charged with and found

guilty of crimes related to

(i)

terrorism;

(ii)

fraud and money laundering;

(iii)

funding of terrorism;

(iv)

crimes against humanity;

(v)

war crimes;

(vi) crimes that infringe upon such Protection

of Human Rights and Fundamental Freedoms as

established by the European Convention on Human

Rights; and

(vii)

exploitation of workers;

(e)

has at any time been charged and found guilty of

any of the following criminal offences

(i)

paedophilia;

(ii)

defilement of minors;

(iii)

rape;

(iv)

violent indecent assault;

(v)

inducing persons under age to prostitution;

(vi)

abduction;

(vii)

living off the earnings of the prostitution of

others; and

(viii) sexual abuse;

(f)

has at any time been found guilty of, or has

criminal charges brought against such person for any criminal

offence punishable with more than two (2) years imprisonment

other than an involuntary offence;

(g)

is or is likely to be involved in any activity which

may cause disrepute to Malta;

(h)

has been denied a visa to a country with whom

Malta has visa-free travel arrangements and has not

subsequently obtained a visa from that same country;

(i)

is named or listed in international sanctions

applying restrictive measures on such person that the Director

is bound by law, or has opted, to follow.

(3)

The Director shall, by means of a public statement, make

public the fact that the licence of the applicant has been finally

revoked or not renewed on any of the grounds laid down in sub-

regulation (1) and shall disclose the name of the person sanctioned,

which persons may include the applicant and, or the competent person,

the particular breach of the provisions of these regulations and the

punishment or measure imposed. Such public statement shall be

published by the Director in any press release and, or on any website

maintained by the department responsible for employment and

industrial relations, for such period of time as the Director shall deem

fit. The Director shall further notify of such facts

(a)

Identity Malta Agency, for any required action in

respect of applications being processed or permits issued in terms

of the Single Application Procedure for a Single Permit as

regards Residence and Work and a Common Set of Rights for

those Third-Country Workers Legally residing in Malta

Regulations, whereby the application has been endorsed by the

person or persons sanctioned by the Director, as well as any

pending visa applications.

(b)

the Malta Police Force

Provided that the public statement and notifications shall

be made not later than one (1) week from the date of final revocation

or non-renewal of a licence taking into consideration the time for the

filing of an appeal or any appeal filed in accordance with these

regulations.

(4)

The sanctioned person shall be considered as a black

listed person as defined in the Public Procurement Regulations and

shall, on this ground, be prohibited from being given a public contract,

as also defined by the said regulations, and the Director shall, for the

purpose of enforcement of this sub-regulation, notify of the facts

referred to in sub-regulation (1) the Director of Contracts for the

inclusion of the person so sanctioned to the black list.

(5)

(a)

Where the Director intends to

(i)

vary any condition to which the licence is

subject or to impose a new condition thereon;

(ii)

to refuse an application for the licence or

its renewal; or

(iii)

to revoke a licence,

he shall give the applicant or the licensee, as the case may be, a

notice in writing of this intention setting out the reasons for such

decision

Provided that in setting out the reasons for such decision,

account shall be taken of any restrictions that may be considered as

necessary and proportionate measures to protect the sources and

confidentiality of legally privileged information collected in the course

of the application process or any process undertaken thereafter, to

safeguard important information objectives of general public interest

of Malta, to protect national and public security, or as may be

otherwise imposed by any applicable law.

(b)

A notice given under paragraph (a) shall state that

the recipient of the notice may, within such reasonable period of

time after receipt thereof as may be stipulated in such notice,

being a period of not less than forty-eight (48) hours and not

longer than thirty (30) days, make representations in writing to

the Director giving reasons why the proposed decision should

not be taken. The Director shall consider any representation so

made before referring the matter to the Working Committee.

(6)

The Director shall, as soon as practicable, notify the

decision in writing to the applicant or the licensee, as the case may be.

(7)

Any person who has not obtained a licence in accordance

with these regulations or whose licence has been revoked shall

immediately cease to provide the services of an employment agency or

employment business. This shall be without prejudice to the provisions

of regulation 22.

(8)

Any and all communications or notices that may be given

by the Director under these regulations may also be given by

electronic means.

(1)

There shall be a Working Committee which shall

have the function to issue recommendations to the Director regarding

the issue of licences and renewals of licences under these regulations,

including any conditions which are to be attached to such licences in

terms of these regulations, and to issue recommendations to the

Director for the revocation of licences or any other matter which is to

be referred to the Working Committee in accordance with these

regulations.

(2)

The Working Committee shall consist of a Chairperson

and five (5) other members, one (1) of whom shall be a lawyer. One

(1) of its members shall be an officer of Identità nominated by its

Chief Executive Officer while another member shall be an officer of

Jobsplus nominated by its Chief Executive Officer.

(3)

The members of the Working Committee shall be

appointed by the Minister for a term of three (3) years, but the

members so appointed shall be eligible for re-appointment on the

expiration of their term of office.

(4)

The Minister may designate any one (1) other member of

the Working Committee as Deputy Chairperson and the member so

designated shall have all the powers and perform all the functions of

the Chairperson during his temporary absence or inability to act as

Chairperson, or while the Chairperson is on vacation, or during any

vacancy in the office of the Chairperson.

(5)

Any member may, before expiration of his term of office,

resign by letter addressed to the Minister

Provided that the members of the Working Committee

may be removed from office by the Minister prior to the expiry of their

term of office where, in the opinion of the Minister, a member is

unable to perform the duties of his office or there are other reasonable

grounds for his removal.

(6)

The Director and the employees of the Department shall

not be eligible to be members of the Working Committee.

(7)

The remuneration paid to members of the Working

Committee shall be established by the Minister in accordance with

established Government of Malta guidelines.

(8)

The meetings of the Working Committee shall be called

by the Chairperson as often as may be necessary for the performance

of its functions under these regulations either on his own initiative or

at the request of the Director.

(9)

The quorum at all meetings of the Working Committee

shall in no case be less than three (3) members.

(10)

The Working Committee shall regulate its own

procedure.

(11) An act or proceeding of the Working Committee shall be

valid notwithstanding any vacancy among its members.

(12) In the absence of the Chairperson and the Deputy

Chairperson at any meeting of the Working Committee, the members

present may select from amongst themselves a person to act as

Chairperson at the meeting.

(13) The decisions of the Working Committee shall be taken

by a majority of the votes of the members present and voting. In the

case of equal votes, the Chairperson or the other person presiding at

the meeting shall have a second or casting vote.

(14) The Working Committee may appoint any employee of

the Department to act as Secretary to the Working Committee.

(15) The Director or his representative shall attend meetings

of the Working Committee and shall provide the Working Committee

with all information concerning any matter under consideration

including the full vetting process.

(16) The Working Committee shall review applications for a

licence, or renewals of a licence, submitted to it by the Director and

shall have the final say on whether an application is favourably

recommended for approval or otherwise, ensuring that decisions made

are fair and objective and according to law. When reviewing

applications, the Working Committee shall

(a)

consider all the information submitted by the

applicant and the full vetting process conducted on the

applicant, and exercise appropriate methods of inquiry and

examination with respect to the information submitted;

(b)

request the Director to provide any further

information or to conduct any further verifications or enquiries

as the Working Committee may consider necessary in the

circumstances;

(c)

consider whether all the requirements of these

regulations have been satisfied or whether any requirement is

pending; and

(d)

where any requirement is pending, consider

whether the applicant has sufficiently proved that he is in the

process of satisfying the said requirement taking due account of

an action plan submitted by the applicant in this regard, and in

such case, consider whether a licence may be issued subject to

the fulfilment of the conditions by the applicant.

(17) It shall be entirely within the discretion of the Working

Committee to decide whether a licence may be issued subject to the

fulfilment of conditions by the applicant, and nothing in the foregoing

provision or in these regulations, shall be construed as granting a right

to applicants to request the issue of a licence where they have not

fulfilled all the requirements of these regulations.

(18) Upon a request by the Director, the Working Committee

shall also have the final say on whether to vary or impose additional

conditions to a licence or whether a licence shall be revoked, ensuring

that decisions made are fair and objective and according to law. Before

making any such recommendation the Working Committee shall also

consider any submissions in writing filed by the licence holder on the

matter in accordance with regulation 9(5)(b).

(19) The members of the Working Committee shall treat as

confidential all information concerning applicants and any information

communicated to them by the Director or any other officer, employee

or advisor of the Department.

(1)

No payments or charges shall be demanded or

levied on any applicant for any employment services or any employee

in consideration of such employment services or in consideration of

any process by which such employment services are provided.

(2)

No deductions shall be made from the wages of any

employee for any services rendered by an employment agency or

employment business.

Without prejudice to any other relevant provisions in any

regulations, orders or other subsidiary legislation made under or kept

in force under the Act, an employment agency or employment

business shall observe the following procedures

(a)

when issuing advertisements for the filling of

vacancies or when making any form of publicity of the

employment agency or employment business or for any user, or

in any other official communication or in private agreements,

the licence number or any other identification registration

number issued by the Director shall be included;

(b)

in the case of an employment agency or

employment business carrying the activity for the recruitment

of persons for employment, the licensee and in the absence of

the licensee the competent person, shall keep records indicating

the names, address, the registration number of a valid

identification document, qualifications and job experience of

applicants for employment and records indicating the name,

address, Value Added Tax registration number and Income Tax

registration number of the users of such employment services.

Such records shall be subject to inspection at any time by

inspectors appointed under the Act;

(c)

in the case of temporary work agencies or

outsourcing agencies, records need to be kept in accordance

with the Transparent and Predictable Working Conditions

Regulations. Such records shall be subject to inspection at any

time by inspectors appointed under the Act;

(d)

in the case of an employment agency or

employment business carrying the activity for the recruitment

of persons for employment, it shall be the responsibility of the

employment agency or employment business to ensure that no

applicants for employment are referred to any user undertaking

unless the user undertaking has provided such agency or

business with precise information about the vacancy to be

filled, including an adequate job description, the terms and

conditions of employment offered, any special requirements of

the employer and any other information that may be required by

virtue of any other applicable law. The employer shall ensure to

provide any applicants for employment engaged by him with a

written agreement incorporating the terms and conditions of

employment;

(e)

in the employment of seamen, it shall be the

responsibility of the employment agency or employment

business as well as of the user undertaking to ensure that the

provisions of the Merchant Shipping Act are complied with;

(f)

failure to comply with the provisions of

paragraphs (a) to (e) shall constitute an offence in terms of

these regulations.

(1)

It shall not be lawful for any employment agency

or employment business

(a)

to seek to provide employment in Malta for an

expatriate, unless such employment is authorised in accordance

with the provisions of the Immigration Act; and

(b)

to seek to hire the services of an expatriate to any

employer in Malta, unless the hire of such services is authorised

under the provisions of the Immigration Act.

(2)

For the purposes of this regulation "expatriate" means a

person requiring a licence from the Minister responsible for

immigration to exercise any profession or occupation or hold any

appointment or be employed by any other person or engage in business

in Malta, in accordance with article 11 of the Immigration Act.

(1)

In the case of an employment agency or

employment business carrying the activity for the recruitment of

persons, it shall be the responsibility of such agency or business to

forward a reply in writing within one (1) month to every applicant for

employment who had forwarded an application in writing in response

to any advertisement. Such reply shall include an acknowledgement of

the application and it shall indicate the name of the employer or of the

employment agency or employment business, as the case may be.

(2)

It shall not be lawful for any employment agency or

employment business carrying the activity for the recruitment of

persons, which places an anonymous advertisement to request

applicants for employment to forward, in response thereof, any

photograph of the applicant for employment or any document which

includes any photograph of the applicant for employment.

(3)

When an advertisement is placed by any employment

agency or employment business without any specific vacancy in view,

the employer or the employment agency or employment business, as

the case may be, shall specify such fact in the advertisement.

(4)

Failure to comply with any of the provisions of the

preceding sub-regulations constitutes an offence in terms of these

regulations.

(5)

It shall be the responsibility of the editor when

publishing or broadcasting, as the case may be, any advertisement, to

ensure that the provisions of regulation 11(a) and the provisions of

sub-regulation (2) have been complied with. Any editor who publishes

or broadcasts any advertisement in breach of these provisions shall be

guilty of an offence in terms of these regulations.

Any information provided to any employment agency or

employment business by any applicant for employment or by any user

undertaking shall be guarded as confidential, and it shall not be

divulged for any purpose other than for the reasons for which it had

been provided, except with the consent in writing of the person

providing the information, or without such consent for purposes of

complying with the provisions of regulation 11(b), or in compliance

with any order issued by a competent Court, or any request by the

Director in pursuance of any investigation into any complaint or claim

referred to it or in accordance with these regulations. Any breach of

this regulation shall constitute an offence in terms of these regulations.

(1)

It shall prohibited and considered unlawful for

any licensee to undertake any action or measure that results or may

result in

(a)

the restriction of movement of any employees

making use of their employment services, including but not

limited to the withholding of identification documents, physical

confinement or the creation of financial dependencies. Any

licensee shall ensure that employees making use of his

employment services, are allowed the freedom to seek other

employment without fear of any financial or other

consequences that may result in a deterrent for them doing so;

(b)

deceiving any employees making use of his

employment services, into incurring substantial debts with the

consequence that the said employees are not able to leave their

employment or seek other employment opportunities;

(c)

any employees making use of their employment

services, not being able to terminate their employment through

the use of threats, coercion or other retaliation measures or for

fear of facing such exploitative situations and not being able to

seek other employment opportunities; or

(d)

forcing or coercing employees making use of their

employment services, to work against their will and be

subjected to involuntary labour.

(2)

Should the Director be notified by the Malta Police

Force, Identity Malta Agency, the Principal Immigration Officer or

any competent authority dealing with employment that any licensee or

applicant for a licence, whether original or renewed, has acted in

breach of the provisions of sub-regulation (1), the Director shall

revoke any existing licence or refuse to issue or renew any such

licence, as the case may be, whereupon the applicable provisions

relating to such revocation or refusal shall mutatis mutandis apply.

(3)

The provisions of sub-regulation (1) shall be without

prejudice to any other consequence of the act or omission of the

offender under civil or criminal law.

The Director shall have at any time the right to examine

the books, including any records of any licensed employment agency

or employment business or of any other employment agency or

employment business carrying out its activities in Malta in accordance

with the Act and the regulations made thereunder, or to request any

information which in the opinion of the Director is reasonably required

for ensuring that the conditions of any licence issued by the Director or

the provisions of these regulations are being complied with, or for

protecting the interests of applicants for employment. Failure to

comply with any demand made by the Director in accordance with this

regulation shall constitute an offence in terms of these regulations

Provided that the Director shall also have at any time the

right to examine the books, including any records, of any natural or

legal person operating as an employment agency or employment

business without a licence.

No person may perform the services referred to in article

110(6) of the Constitution.

The burden of proof to prove the subsistence of any of

the material facts referred to in these regulations shall, in all cases, rest

with the employment agency or employment business.

(1)

The Agencies Guarantee Fund shall be

administered by an Administration Board, which shall be composed

of

(a)

a Chairperson nominated by the Minister;

(b)

the four (4) representatives of employees

appointed on the Employment Relations Board in accordance

with article 3(2)(c) of the Act;

(c)

the four (4) representatives of employers

appointed on the Employment Relations Board in accordance

with article 3(2)(d) of the Act;

(d)

a member nominated by the Minister responsible

for finance;

(e)

the Chairperson of Jobsplus; and

(f)

a person appointed by the Minister who shall be a

member of the legal profession.

(2)

The Administration Board shall regulate its own

procedure.

(3)

The Administration Board shall keep proper books of

account and records regarding claims registered and paid out of the

Agencies Guarantee Fund and any reimbursements which are obtained

by the Administration Board in accordance with regulation 20(5)(d).

(4)

The Administration Board shall have the power to

appoint experts to assist it in any matter under its consideration, as

may be required.

(5)

The Administration Board shall publish an annual report

of its activities, together with the annual audited accounts of the

Agencies Guarantee Fund.

(6)

The Administration Board shall have a distinct legal

personality and shall be capable of entering into contracts, of suing

and being sued, and doing all such things and entering into such

transactions as are incidental or conducive to the fulfilling of its

objectives.

(7)

The legal and judicial representation shall vest in the

Chairperson or in any other member of the Administration Board

whom the Chairperson may authorise in writing for such purpose.

(8)

The address of the Administration Board shall be any

such address which may be in use from time to time as the head office

of the Department responsible for employment and industrial relations,

and any correspondence shall be addressed to the Chairperson.

(1)

For the purpose of ensuring compliance by any

temporary work agency or outsourcing agency with the licence

obligations and adherence to the relevant provisions of these

regulations throughout the term of the licence, the relevant agency

shall, prior to the commencement date of the licence in accordance

with these regulations, provide a bank guarantee in favour of the

Administration Board, the amount of which shall be the total of twenty

thousand euro (€20,000) for agencies having a number of employees

which is less than twenty (20) employees and for agencies having a

number of employees which is equal or greater than twenty (20),

twenty thousand euro (€20,000) and a sum equivalent to two percent

(2%) of the total annualised wages payable to all the employees of the

applicant as at the date of the application, whether for the first time or

for a renewal, up to a maximum of three hundred thousand euro

(€300,000).

(2)

If the Director revokes or refuses the renewal of a licence

of any temporary work agency or outsourcing agency for any of the

grounds set out in regulation 9(1), the Director shall immediately

notify the Administration Board thereof, whereupon the

Administration Board shall take all the necessary action so that the

bank guarantee shall be forfeited in full in favour of the

Administration Board and deposited into the Agencies Guarantee

Fund.

(3)

Any employee whose employment is terminated by a

temporary work agency or outsourcing agency, as the case may be,

because of the revocation or non-renewal of a licence on the basis of

any of the grounds set out in regulation 9(1), shall inform the Director

and the Administration Board of such event within two (2) months

from the date of such termination.

(4)

Should the Administration Board determine and confirm

that the employee’s employment was terminated in accordance with

sub-regulation (3), such employee shall be eligible to receive a share

of the amount of the bank guarantee provided by such employee’s

employer whose bank guarantee has been forfeited in accordance with

sub-regulation (2).

(5)

The Administration Board shall distribute the amount of

the bank guarantee referred to in sub-regulation (4), equally among all

the employees of the same employer whose bank guarantee has been

forfeited in accordance with sub-regulation (2) and who shall have

informed the Administration Board of their termination of

employment within the time period referred to in sub-regulation (3).

(6)

The employee shall, on notifying the Administration

Board, forward any documentation which may be necessary to enable

the Administration Board to make its determination of the employee’s

eligibility to the share of the amount of the bank guarantee and the

Administration Board may request any information from any person to

enable it to perform its obligations, and it shall be the duty of any such

person to cooperate fully with the Administration Board.

(7)

The Administration Board shall release the bank

guarantee within three (3) months from the date of notification by the

Director of the termination or non-renewal of the licence, as long as

the Director is satisfied that the temporary work agency or outsourcing

agency, as the case may be, shall no longer carry on any activities

requiring such licence in accordance with these regulations, and that

all the obligations under the licence and these regulations have been

met.

(8)

The provisions of this regulation shall be without

prejudice to the right of the employee to refer any entitlement for any

unpaid wages or any related matter to the Director or to any remedy

that the employee may have under any other provision of law.

(1)

Any person who breaches any provision of these

regulations shall be guilty of an offence and shall on conviction be

liable to a fine (multa) of not less than five thousand euro (€5,000) but

not exceeding seven thousand euro (€7,000)

Provided that when a person is convicted of having

received any payment from any applicant for employment or of having

made any deductions from the wages due to an employee in

consideration of any services provided by an employment agency or

employment business, the Court shall, in determining the punishment,

take into consideration any refund made by such person to the

applicant for employment services of any payment received or

deduction made

Provided further that if the offence consists in the

operation of an employment agency or employment business without

being in possession of a valid licence in accordance these regulations,

any person responsible therefor shall be guilty of an offence, and shall

on conviction be liable, to a fine (multa) of not less than twenty-five

thousand euro (€25,000) but not exceeding thirty thousand euro

(€30,000).

(2)

The provisions of sub-regulation (1) shall be without

prejudice to the right of the Director to revoke or vary the conditions

of a licence of any employment agency or employment business in

accordance with regulation 9(1), to the forfeiture of the bank guarantee

in accordance with regulation 20(2), and to any other consequence of

the act or omission of the offender under civil or criminal law.

(3)

Where an offence is committed by the applicant or any

other body or association of persons, be it corporate or unincorporated,

every person who at the time of the commission of the offence was a

director, competent person, manager or other similar officer of the

applicant or such body or association, or was purporting to act in any

such capacity, shall be guilty of that offence, unless such person

proves that the offence was committed without his knowledge and that

he exercised all due diligence to prevent the commission of such

offence.

(1)

Without prejudice to the provisions of these

regulations, an appeal shall be filed to the Appeals Board with respect

to

(a)

any failure to inform an applicant or a licensee, as

the case may be, of the refusal of its application for a licence or

the renewal thereof, or of the revocation or variation of its

licence, in accordance with regulation 9(1) and the

consequences arising therefrom in accordance with these

regulations;

(b)

any refusal of an application for a licence,

whether original or renewed, or the revocation of a licence in

accordance with regulation 9(1), and the consequences arising

therefrom in accordance with these regulations; and

(c)

any variation of a licence in accordance with

regulation 9(1).

(2)

The provisions of the Act relating to the Appeals Board

shall apply mutatis mutandis to appeals that may be brought before the

Appeals Board in accordance with this regulation.