S.L. 452.130 Art. 21Punishments.

(1) Any person who breaches any provision of these regulations shall be guilty of an offence and shall on conviction be liable to a fine (multa) of not less than five thousand euro (€5,000) but not exceeding seven thousand euro (€7,000):

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 punishment, take into consideration any refund made by such person to the applicant for employment services of any payment received or deduction made:

Provided further that if the offence consists in the operation of an employment agency or employment business without being in possession of a valid licence in accordance these regulations, any person responsible therefor shall be guilty of an offence, and shall on conviction be liable, to a fine (multa) of not less than twenty-five thousand euro (€25,000) but not exceeding thirty thousand euro (€30,000).

(2) The provisions of sub-regulation (1) shall be without prejudice to the right of the Director to revoke or vary the conditions of a licence of any employment agency or employment business in accordance with regulation 9(1), to the forfeiture of the bank guarantee in accordance with regulation 20(2), and to any other consequence of the act or omission of the offender under civil or criminal law.

(3) Where an offence is committed by the applicant or any other body or association of persons, be it corporate or unincorporated, every person who at the time of the commission of the offence was a director, competent person, manager or other similar officer of the applicant or such body or association, or was purporting to act in any such capacity, shall be guilty of that offence, unless such person proves that the offence was committed without his knowledge and that he exercised all due diligence to prevent the commission of such offence.