S.L. 594.18 Art. 6Conditions of licence.

(1) A licence to carry on an employment agency or an employment business in terms of regulation 3(1)(a) shall be issued by the Director for a period of one year (or for such longer period, not exceeding five years, as the Director may specify in any particular case) beginning with the date specified therein for its commencement. Such licence shall be renewed for further periods each of one year subject to the continuous fulfilment of the requirements laid down in the Act and in these regulations: Provided that when a request for renewal has been received prior to the expiry of a licence in force, the licence shall remain in force until a decision is taken by the Director with regard to the request for renewal of the licence.

(2) Licences shall be issued by the Director on the form prescribed in the Second Schedule subject to the conditions laid down in the Act or in any regulations made thereunder as may from time to time be in force and subject to such conditions as the Director may lay down in the licence to ensure the proper management of the employment agency or employment business or for the protection of the users, and in particular of applicants for employment. Such conditions may be varied by the Director:

Provided that licences shall be issued by the Director within the period of twenty working days from the receipt of the application and the necessary documents in terms of these regulations provided that all the requirements laid down by the Act and by these regulations have been complied with. A lack of response within the aforementioned period of twenty working days shall not be deemed to imply a tacit approval of the applicant’s application.

(3) The holder of a licence granted by virtue of these regulations or the person mentioned in regulation 3(1)(b) shall keep displayed on the premises to which the licence relates or at which the business of an employment agency is carried out, as the case may be, in such a position that it can be readily seen by persons resorting to those premises -

(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 constitutes an offence against these regulations.

(4) It shall be a condition of any licence that a competent person is available at all times to manage the employment agency or employment business, provided that the licensee may nominate one or more competent persons to act as substitutes for the person nominated by him, if such person is not at any time available for any justifiable reason. Failure to comply with the provisions of this sub-regulation constitutes an offence against these regulations.

(4A) The person mentioned in regulation 3(1)(b) shall ensure that a competent person is available at all times to manage the employment agency or employment business, provided that such person may nominate one or more competent persons to act as substitutes for the person nominated by him, if such person is not at any time available for any justifiable reason. Failure to comply with the provisions of this sub-regulation constitutes an offence against these regulations.

(5) 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 mentioned in regulation 3(1)(b) shall notify the Director in writing of the proposed change not later than one month before the proposed change. Failure to notify the director shall constitute an offence against these regulations: Provided that nothing in this sub-regulation shall be taken as authorising the holder of a licence to carry on any business in accordance with regulation 3(1) otherwise than in accordance a) with the provisions of the said licence: Provided further that every licence granted in terms of these regulations shall be endorsed with notice of the effect of this regulation.

(6) No transfer of a licence to another person shall be complete before it is approved in writing by the Director. When applying for a transfer of a licence, the licensee shall furnish the Director with the name, address and a legally valid identification document number of the person to whom it is intended to transfer the licence and all the particulars and documents specified in regulation 4 in respect of the person to whom the licence is to be transferred.

(7) A licence renewal fee of three hundred and forty-nine euros and forty-one cents (349.41) shall be paid to the Director together with each application for renewal of licence. Such fee shall not be refundable if the application for renewal is refused.