S.L. 594.18 Art. 3Conditions for conducting employment agencies or business.

(1) In terms of article 23 of the Act, no person shall carry on an employment agency or an employment business unless:

(a) he is the holder of a valid licence granted by the

Director authorizing him to carry on such an agency or business in premises specified in the licence; or

(b) he is lawfully established to conduct business as an employment agency in a Member State, and has informed the Director that he is providing services of an employment agency in Malta within five working days from the date of the commencement of such activity: Provided that for the purposes of these regulations, "lawfully established" shall be read and construed in terms of the Services (Internal Market) Act: Provided further that the Director may impose any necessary requirements on persons referred to in paragraph (b) in terms of the Services (Internal Market) Act and it shall be an obligation on persons referred to in paragraph (b) to comply.

(2) No person shall be qualified to be granted a licence to conduct any employment agency or employment business in terms of sub-regulation (1)(a) unless he is twenty-five years of age or over and has displayed a notice of his intention to run the employment agency and has advertised notice of the application in accordance with sub-regulation (2A).

(2A) The procedure which is to be followed in terms of sub-regulation (2) shall be as follows:

(a) an applicant for a licence in terms of sub-regulation (1)(a) shall, not less than twenty-one days before making his application -

(i) display notice of the application in a place where it can conveniently be read by the public on or near the premises at which the employment agency or employment business is or is to be carried out and take such steps as he reasonably can to keep that notice so displayed for a period of twenty-one days; and

(ii) advertise notice of the application in two daily newspapers; and

(b) a notice under this regulation shall state the name and address of the applicant and, where the applicant is a company or other body of persons, the company’s number and registered office and the address of the premises at which the employment agency or employment business is or is to be carried out, which premises must be suitable in terms of regulation 7A.

(3) The provisions of sub-regulation (1) shall not apply:

(a) in respect of any employer who carries out any employment service related to any employment in his own undertaking or in any undertaking in which he participates in the day to day management as an active partner or for any company in which his 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 is clearly specified in the advertisement; and

(b) in respect of any employment service provided by an employment agency on behalf of any employer whose identity is clearly specified in an advertisement inviting applicants for employment.