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S.L. 452.130 · Employment Agencies Regulations (S.L. 452.130)

S.L. 452.130 чл. 11Procedures to be observed.    S.L. 452.126.      Cap. 234.

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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.