S.L. 452.130 · Employment Agencies Regulations (S.L. 452.130)
S.L. 452.130 чл. 9AWorking Committee.
(1) There shall be a Working Committee which shall have the function to issue recommendations to the Director regarding the issue of licences and renewals of licences under these regulations, including any conditions which are to be attached to such licences in terms of these regulations, and to issue recommendations to the Director for the revocation of licences or any other matter which is to be referred to the Working Committee in accordance with these regulations.
(2) The Working Committee shall consist of a Chairperson and five (5) other members, one (1) of whom shall be a lawyer. One
(1) of its members shall be an officer of Identità nominated by its Chief Executive Officer while another member shall be an officer of Jobsplus nominated by its Chief Executive Officer.
(3) The members of the Working Committee shall be appointed by the Minister for a term of three (3) years, but the members so appointed shall be eligible for re-appointment on the expiration of their term of office.
(4) The Minister may designate any one (1) other member of the Working Committee as Deputy Chairperson and the member so designated shall have all the powers and perform all the functions of the Chairperson during his temporary absence or inability to act as Chairperson, or while the Chairperson is on vacation, or during any vacancy in the office of the Chairperson.
(5) Any member may, before expiration of his term of office, resign by letter addressed to the Minister:
Provided that the members of the Working Committee may be removed from office by the Minister prior to the expiry of their term of office where, in the opinion of the Minister, a member is unable to perform the duties of his office or there are other reasonable grounds for his removal.
(6) The Director and the employees of the Department shall not be eligible to be members of the Working Committee.
(7) The remuneration paid to members of the Working Committee shall be established by the Minister in accordance with established Government of Malta guidelines.
(8) The meetings of the Working Committee shall be called by the Chairperson as often as may be necessary for the performance of its functions under these regulations either on his own initiative or at the request of the Director.
(9) The quorum at all meetings of the Working Committee shall in no case be less than three (3) members.
(10) The Working Committee shall regulate its own procedure.
(11) An act or proceeding of the Working Committee shall be valid notwithstanding any vacancy among its members.
(12) In the absence of the Chairperson and the Deputy Chairperson at any meeting of the Working Committee, the members present may select from amongst themselves a person to act as Chairperson at the meeting.
(13) The decisions of the Working Committee shall be taken by a majority of the votes of the members present and voting. In the case of equal votes, the Chairperson or the other person presiding at the meeting shall have a second or casting vote.
(14) The Working Committee may appoint any employee of the Department to act as Secretary to the Working Committee.
(15) The Director or his representative shall attend meetings of the Working Committee and shall provide the Working Committee with all information concerning any matter under consideration including the full vetting process.
(16) The Working Committee shall review applications for a licence, or renewals of a licence, submitted to it by the Director and shall have the final say on whether an application is favourably recommended for approval or otherwise, ensuring that decisions made are fair and objective and according to law. When reviewing applications, the Working Committee shall:
(a) consider all the information submitted by the applicant and the full vetting process conducted on the applicant, and exercise appropriate methods of inquiry and examination with respect to the information submitted;
(b) request the Director to provide any further information or to conduct any further verifications or enquiries as the Working Committee may consider necessary in the circumstances;
(c) consider whether all the requirements of these regulations have been satisfied or whether any requirement is pending; and
(d) where any requirement is pending, consider whether the applicant has sufficiently proved that he is in the process of satisfying the said requirement taking due account of an action plan submitted by the applicant in this regard, and in such case, consider whether a licence may be issued subject to the fulfilment of the conditions by the applicant.
(17) It shall be entirely within the discretion of the Working Committee to decide whether a licence may be issued subject to the fulfilment of conditions by the applicant, and nothing in the foregoing provision or in these regulations, shall be construed as granting a right to applicants to request the issue of a licence where they have not fulfilled all the requirements of these regulations.
(18) Upon a request by the Director, the Working Committee shall also have the final say on whether to vary or impose additional conditions to a licence or whether a licence shall be revoked, ensuring that decisions made are fair and objective and according to law. Before making any such recommendation the Working Committee shall also consider any submissions in writing filed by the licence holder on the matter in accordance with regulation 9(5)(b).
(19) The members of the Working Committee shall treat as confidential all information concerning applicants and any information communicated to them by the Director or any other officer, employee or advisor of the Department.
История на изменения
- Amended by L.N. 109 of 2024