S.L. 594.18 Art. 11Procedures to be observed.

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 business or for any user, the licence number or any other identification number issued by the Director shall be quoted.

(b) No person seeking employment outside Malta shall be referred for employment outside Malta unless a copy of the contract of employment proposed to be offered to such person has been approved by the Director; provided that the Director may exempt the licensee or the person mentioned in regulation 3(1)(b) from submitting such contract where it appears to him that the interests of the person selected are adequately protected. The licensee or the person mentioned in regulation 3(1)(b) shall be responsible to ensure that the conditions approved by the Director are included in the contract of employment.

(c) Where a person is employed by an employment agency or employment business and referred to an employer by it to perform service temporarily for that employer, the employment agency or employment business shall not charge such employer rates for the services provided which are less than those payable by such employer to his regular employees for similar work.

(d) The licensee or the person mentioned in regulation 3(1)(b), as the case may be, or in the absence of the licensee or the person mentioned in regulation 3(1)(b), the competent person shall keep records showing names, address, a legally valid identification document number, qualifications and job experience of applicants for employment and records showing the name, address, Value Added Tax registration number and Income Tax registration number of the users of employment services. Such records shall be retained for periods of at least two years and they shall be subject to inspection at any time by inspectors appointed under the Act. The licensee shall ensure that the particulars including name, address and a legally valid identification document number of persons employed through the employment agency as well as the name, address, Value Added Tax registration number and Income Tax registration number of the employer with whom such persons have been employed, are submitted to Jobsplus not later than four weeks from the date on which such employment has been effected.

(e) It shall be the responsibility of an employment agency or employment business to ensure that no applicants for employment are referred to any user unless the user has furnished the employment agency with precise information about the vacancy to be filled, including an adequate job description, the terms and conditions of employment offered and any special requirements of the employer. The employer shall undertake to furnish any applicants for employment engaged by him with a written agreement incorporating the terms and conditions of employment.

(f) In the employment of seamen, it shall be the responsibility of the employment agency or employment business as well as of the user to ensure that the provisions of the Merchant Shipping Act are complied with.

(g) Failure to comply with the provisions of paragraphs

(a) to (f) shall constitute an offence against these regulations.