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

S.L. 452.130 Art. 22Appeals.

In KraftAmtlicher Text

(1) Without prejudice to the provisions of these regulations, an appeal shall be filed to the Appeals Board with respect to:

(a) any failure to inform an applicant or a licensee, as the case may be, of the refusal of its application for a licence or the renewal thereof, or of the revocation or variation of its licence, in accordance with regulation 9(1) and the consequences arising therefrom in accordance with these regulations;

(b) any refusal of an application for a licence, whether original or renewed, or the revocation of a licence in accordance with regulation 9(1), and the consequences arising therefrom in accordance with these regulations; and

(c) any variation of a licence in accordance with regulation 9(1).

(2) The provisions of the Act relating to the Appeals Board shall apply to appeals that may be brought before the mutatis mutandis Appeals Board in accordance with this regulation.

FIRST SCHEDULE (regulation 3)

The following services shall be exempt from the application of these regulations and shall not require a licence when they are provided through an outsourcing agency:

(a) professional services where the person providing those services is in possession of a warrant, or its equivalent, to exercise that profession, including but not limited to the profession of advocate, auditor, or certified public accountant;

(b) technical services where the person providing those services makes available their technical knowledge, experience, skill, know-how or processes and provides services in relation thereto, such as those performed in relation to the installation, maintenance and repair of equipment and machinery; and

(c) surveying services in relation to machinery and vessels.

This exemption shall also apply in the event that the said services are provided by employees at the premises of the user undertaking where they are outsourced.

In the event of reasonable doubt as to whether the operation of a particular service would be subject to a licence in accordance with these regulations, the matter shall be conclusively determined by the Director.

 SECOND SCHEDULE Amended by: L.N. 109 of (regulation 5(3)) 2024.

The following licence fees shall be applicable:

(a) for recruitment services:

(i) a licence fee of three thousand euro (€3,000), shall be paid to the Director upon the submission of an application by a first-time applicant;

(ii) a fee of three thousand euro (€3,000), shall be paid to the Director upon the submission of every application for the renewal of a licence;

(b) for temporary work agencies or outsourcing agencies:

(i) a licence fee of three thousand euro (€3,000) shall be paid to the Director upon the submission of an application by a first-time applicant;

(ii) a fee of three thousand euro (€3,000), shall be paid to the Director upon the submission of every application for the renewal of a licence;

Such fees shall not be refunded to the applicant if the application or any renewal is refused.