EMPLOYMENT AGENCIES g S.L.343.24 1
SUBSIDIARY LEGISLATION 343.24
EMPLOYMENT AGENCIES REGULATIONS
1st January, 1996
LEGAL NOTICE 127 of 1995, as amended by Legal Notice 96 of 1997.
Citation.
Regulations.
Interpretation.
Cap. 343.
"advertisement" includes any advert in any publication or
broadcast on any radio or television station or cable network;
"applicant for employment" includes any person who seeks to
avail himself of opportunities for employment offered by an
employment agency or employment business;
"Authority" means the National Employment Authority set up in
terms of article 3 of the Act;
"competent person" means a fit and proper person approved by
the Director to manage an employment agency or employment
business and who is in possession of the qualifications and the
experience laid down in regulation 7;
"conditions of employment" means wages, the period of
employment, the hours of work and leave;
"Director" means the Director of Labour and includes any officer
of the Department of Labour who is authorised by the Director to
act on his behalf;
Cap. 248.
"editor" shall have the same meaning as is assigned to it by the
Press Act;
"employer" includes a partnership, company, association or other
body of persons, whether vested with legal personality or not;
"employment" includes also self-employment;
"employment agency" or "employment business" means any
activity carried out in Malta for the recruitment of persons for
employment in Malta or outside Malta;
"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 adverts 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;
"licensee" includes also any person to whom a licence is
transferred upon the death of the holder in terms of article 23(9) of
the Act;
"person" includes a body of persons and a body corporate
2 g S.L.343.24 EMPLOYMENT AGENCIES
established by law;
"user" 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.
Conditions for 
conducting 
employment 
agencies or 
business.
3. (1) No person shall carry on an employment agency or an
employment business unless he is the holder of a current licence
granted by the Director authorising him to carry on such an agency
or business in the premises specified in the licence.
(2) No person shall be qualified to be granted a licence to
conduct any employment agency or employment business unless he
is twenty-five years of age or over and has in accordance with
article 23 of the Act displayed a notice of his intention to run the
employment agency and has advertised notice of the application.
(3) The provisions of subregulation (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.
Application for 
licence.
4. (1) Applications for licences to carry on an employment
agency or employment business shall be submitted to the Director
on the form prescribed in the First Schedule. Each application shall
include the following particulars:
( a ) name, address, identity card number, Value Added Tax
registration number and Income Tax registration
number of the applicant;
( b ) address of the place where the activity is proposed to
be carried out;
( c ) 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 procedures proposed to be followed by
applicants for employment and by users;
(iii) the method of financing of the employment
agency or of the employment business or
employment services, if any, proposed to be
offered;
(iv) a declaration by the applicant to the effect that a
notice of intention had been displayed by him
and that advertisements have been published in
EMPLOYMENT AGENCIES g S.L.343.24 3
at least two newspapers as required by the
provisions of article 23 of the Act. A copy of the
notice and of the newspapers showing the
advertisements shall accompany the application;
(v) the name, address and identity card number and
the  curriculum vitae  showing the date of birth,
educational and professional qualifications and
professional experience of the person who is to
manage the employment agency or employment
business.
(2) Applications shall be accompanied by a birth certificate,
and a recent Police conduct certificate of the applicant and of the
person, if different from the applicant, who is to manage the
employment agency or employment business.
(3) A licence fee of one hundred and fifty liri shall be paid to
the Director together with the application. Such fee shall not be
refunded to the applicant if the application is refused.
Notice of intention.
to carry on an employment agency or employment business to show
to the satisfaction of the Director that he has displayed and
published the notice as required in terms of article 23 of the Act.
Conditions of 
licence.
6. (1) A licence to carry on an employment agency or an
employment business shall be issued by the Director for a period of
one year, but may be renewed for further periods each of one year:
Provided that when an application for renewal has been
received prior to the expiry of a licence in force, the licence shall
remain in force until it is revoked by the Director or until a decision
is taken by him with regard to the application 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.
(3) The licensee shall keep the licence and its current renewal
as well as a notice stating that a copy of these regulations is
available for inspection, displayed on the premises to which the
licence relates in  such a position that it can be readily seen by
persons who resort to the premises and shall also keep a copy of
these regulations available for inspection by any such person.
Failure to comply with the provisions of this subregulation
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
4 g S.L.343.24 EMPLOYMENT AGENCIES
any reason. Failure to comply with the provisions of this
subregulation 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 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.
(6) Where a licence has been transferred by succession in
terms of article 23(9) of the Act, the licensee shall produce the
licence to the Director together with the following:
( a ) a copy of the death certificate of the previous holder
and a statement signed by a notary to the effect that the
licensee is entitled to the licence by succession on
inheritance;
( b ) a birth certificate and a recent Police conduct
certificate of the person to whom the licence has been
transferred;
( c ) the Value Added Tax registration number and the
Income Tax registration number of the person to whom
the licence has been transferred;
( d ) the name, address, identity card number, recent Police
conduct certificate and  curriculum vitae  showing the
educational and professional qualifications and
professional experience of the person, if different from
the licensee, who is to manage the employment agency
or employment business:
Provided that this information need not be submitted if the
competent person who was managing for the previous licence
holder is retained.
(7) Pending the registration of the transfer by succession, it
shall be the responsibility of the executor of the estate of the
deceased and of the heirs to ensure that the provisions of these
regulations are complied with.
(8) 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 identity card 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.
(9) A licence renewal fee of one hundred and fifty liri 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.
Competent person. 7. (1) A competent person nominated by a licensee or by an
applicant for a licence to manage an employment agency or
business, or to act as substitute for such person, shall:
EMPLOYMENT AGENCIES g S.L.343.24 5
( a ) be not less than twenty-five year of age;
(b) be of good moral character; and
( c ) have:
(i) not less than six years’ experience in any
activity which includes the management of
human resources; or
(ii) not less than three years’ experience in any
activity which includes the management of
human resources and be in possession of a
University degree or diploma in a field which, in
the opinion of the Director, is relevant to the
management of an employment agency or
employment business.
(2) A competent person nominated by the applicant for a
licence or by the licensee to manage an employment agency or
employment business shall be responsible for the proper
management of the employment agency.
(3) It shall be the responsibility of the applicant for a licence
or of the licensee, as the case may be, to ensure that the Director is
notified in writing of the name, address, identity card number, and
that he is furnished with the  curriculum vitae , qualifications and
testimonials of experience and with a recent Police conduct
certificate of the person nominated by him as a competent person to
manage the employment agency or employment business and of
any person or persons nominated by him to act as substitute for
such person. It shall be a condition of every licence that a
competent person is employed to manage the employment agency
or business; and that, where such competent person is not
employed, the Director may revoke the licence.
(4) Nothing in these regulations shall prevent any applicant for
a licence or any licensee from nominating himself as competent
person or as a substitute for a competent person to manage the
employment agency or business, provided that the applicant for a
licence or the licensee, as the case may be, is qualified according to
these regulations and is approved by the Director as a competent
person.
Refusal or 
revocation or 
varying of licence.
8. The Director may refuse or revoke an application, as the
case may be, on any of the following grounds:
( a ) that the applicant is under twenty-five years of age or
has failed to comply with the provisions of these
regulations; or
( b ) that the applicant or the person nominated by him as a
competent person to manage the employment agency
or employment business is unsuitable; or
( c ) that the premises where the employment agency or
employment business is proposed to be carried out or
where any of the employment services contemplated in
the application for a licence or in the licence is
proposed to be carried out, as the case may be, are
unsuitable; or
6 g S.L.343.24 EMPLOYMENT AGENCIES
( d ) that the applicant has failed to comply with any of the
provisions of the Act or of these regulations or of any
other regulations in force under the Act or has failed to
comply with any conditions laid down in the licence;
or
( e ) that the licensee or the competent person nominated by
him to manage the employment agency or 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 employment; or
( f ) that the applicant for a licence or the licensee or any
competent person nominated by the applicant for the
licence or by the licensee has been convicted by any
Court of fraud or of any offence under these
regulations or has been imprisoned for any other
offence; or
( g ) 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
furnish 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 substitute for such
person.
Provisions of 
article 24 of the 
Act to apply.
9. Where the Director intends to refuse to grant or transfer or
intends to revoke or vary a licence, the provisions of article 24 of
the Act shall apply.
No payment to be 
demanded.
10. No payments shall be demanded nor any deductions made
from the wages of any employee for any services rendered by an
employment agency or employment business.
Procedures to be 
observed.
11. 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 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
from submitting such contract where it appears to him
that the interests of the person selected are adequately
protected. The licensee 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
EMPLOYMENT AGENCIES g S.L.343.24 7
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 shall keep records showing names,
address, identity card 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 identity card 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 the Employment and
Training Corporation 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.
Cap. 234.
( 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.
Employment of 
expatriates.
Added by:
L.N. 96 of 1997.
Cap. 217.
12. (1) It shall not be lawful for any employment agency -
( 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 Prime Minister to exercise any
8 g S.L.343.24 EMPLOYMENT AGENCIES
profession or occupation or hold any appointment or be employed
by any other person or engage in business in Malta, in terms of
article 11 of the Immigration Act.
Advertisements. 13. (1) It shall be the responsibility of any employment
agency or employment business to forward a reply in writing within
one 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 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 advert 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 subregulations constitutes an offence against 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
regulation 13(2) have been complied with. Any editor who
publishes or broadcasts any advertisement contrary to these
provisions shall be guilty of an offence against these regulations.
Confidential 
information.
14. Any information furnished to any employment agency or
employment business by any applicant for employment or by any
user shall be carefully guarded as confidential, and it shall not be
divulged for any purpose other than that for which it had been
furnished, except with the consent in writing of the person
furnishing the information, or without such consent for purposes of
complying with the provisions of regulation 10( d ) or in compliance
with any order by a competent Court, or any request by the
Authority in pursuance of any investigation into any complaint
referred to it. Any breach of this regulation shall constitute an
offence against these regulations.
Director’s rights. 15. 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 to demand any information which in
his opinion is reasonably required for ensuring that the conditions
of any licence issued by him or the provisions of these regulations
are being complied with, or for protecting the interests of
applicants for employment or applicants for training services.
Failure to comply with any demand made by the Director in
pursuance of this regulation shall constitute an offence against
these rgulations.
Article 110 of the 
Constitutiion.
16. No person may in virtue of a license issued under these
regulations perform the services referred to in article 110(6) of the
EMPLOYMENT AGENCIES g S.L.343.24 9
Constitution.
Issue of directives 
by the Authority.
17. The Authority may from time to time give to the Director
directives of a general nature on the manner of the exercise of his
functions under these regulations and the Director shall give due
consideration to such directives.
Penalties.
regulations shall be guilty of an offence and shall on conviction be
liable to a fine ( multa ) of not less than fifty liri and not more than
one thousand liri, 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 penalty, take into consideration any refund made
by such person to the applicant for employment of any payment
received or deduction made.
10 g S.L.343.24 EMPLOYMENT AGENCIES
FIRST SCHEDULE
(Regulation 4)
EMPLOYMENT AND TRAINING SERVICES ACT (CAP. 343)
Application for a licence for carrying on an employment agency or employment 
business
(Regulation 4 of the Employment Agencies Regulations)
1. Name of applicant ................................ Identity Document No. ...................
2. Address .......................................................................................................
.....................................................................................................................
Telephone number ...................................
3. If the applicant is a company or body corporate or a body of persons, a list
signed by the applicant showing the name, identity card number and address of each
Director or of each officer acting in a like capacity shall be annexed.
4. Value Added Tax registration number of applicant .......................................
5. Income Tax registration number of applicant ................................................
6. The address of the premises at which the business is to be carried out:
.....................................................................................................................
7. Activities proposed to be carried out:
.....................................................................................................................
.....................................................................................................................
8. Particulars of the competent person nominated by the applicant:
Name: ................................................. Identity Document No......................
Address .......................................................................................................
Date of birth .................................
Qualifications and experience:
.....................................................................................................................
.....................................................................................................................
.....................................................................................................................
A birth certificate, recent Police conduct certificate and  curriculum vitae  of
the competent person shall be attached. Original certificates and testimonials or
certified true copies thereof shall be produced.
(An applicant may nominate more than one competent person to act as substitute.
In such case, the above particulars regarding each of the competent persons so
nominated shall be forwarded).
9. Methed of financing of the services proposed to be provided:
.....................................................................................................................
.....................................................................................................................
10. Describe the procedures proposed to be followed by:
EMPLOYMENT AGENCIES g S.L.343.24 11
(i) applicants for employment:
.....................................................................................................................
.....................................................................................................................
(ii) users:
.....................................................................................................................
.....................................................................................................................
11. The following declaration is to be filled in and signed by applicant:
I declare that the particulars given above are to the best of my knowledge
correct. I also decare that:
(i) a notice of intention has been displayed during the period .................. to
.................... as required in terms of article 23 of the Act at a place near
the premises where the business is proposed to be carried out, and
(ii) advertisements have been published in the following newspapers as
shown below:
Name of newspaper Date of publication
.................................. .................................
.................................. .................................
A copy of the notice of intention and of the newspapers showing the
advertisments are hereto attached.
Signature of applicant .................................... Date .......................
SECOND SCHEDULE
(Regulation 6)
EMPLOYNIENT AND TRAINING SERVICES ACT (CAP. 343)
Licence to operate an Employment Agency or Employment Business
(Regulation 6 of the Employment Agencies Regulations)
Date: ..................
A licence is hereby being granted in terms of regulation 6 of the
Employment Agencies Regulations to:
Name of licensee: .................................. Identity Document number ....................
Address: ...............................................................................................................
.....................................................................................................................
Value Added Tax registration number ...............................
Income Tax registration number .......................................
for carrying out the employment agency or employment business described below:
.....................................................................................................................
.....................................................................................................................
12 g S.L.343.24 EMPLOYMENT AGENCIES
from premises situated at:
Address of premises: ....................................................................................
.....................................................................................................................
This licence is being issued subject to the provisions of Part V of the
Employment and Training Services Act, and the Employment Agencies Regulations,
and to the following special conditions:
.....................................................................................................................
.....................................................................................................................
.....................................................................................................................
The licensee shall be required to display a copy of this licence and of the
Employment Agencies Regulations in a place on the premises where they can be
easily seen and read by the persons who resort to the premises.
This licence shall be valid for a period of one year from the ........................ .
DIRECTOR
