S.L. 452.130 Art. 7Conditions of a licence. 

(1) A licence to operate an employment agency or an employment business in accordance with regulation 3(1)(a) shall be issued by the Director, on the recommendation of the Working

Committee, for a period of three (3) years commencing on the date specified in the licence. Such licence shall be renewed for further periods of three (3) years, subject to the submission of an application for such renewal and the continuous fulfilment of the requirements established in these regulations:

Provided that where a request for renewal has been received prior to the expiry of a valid licence, the licence shall remain valid until a decision on the request is taken by the Director.

(2) Licences shall be issued by the Director subject to the conditions laid down in the Act or these regulations, as may be in force from time to time, and may also be subject to such conditions as the Director may impose upon the recommendation of the Working Committee in accordance with paragraph (d) of sub-regulation (16) of regulation 9A. In addition, the Director may impose other conditions in the licence to ensure the proper management of the employment agency or employment business or for the protection of the user undertakings, and in particular of applicants for employment. Such conditions may be varied by the Director.

(3) The holder of a licence granted by virtue of these regulations or the person referred to in regulation 3(1)(b) shall keep displayed on the premises to which the licence relates or from which the business of an employment agency or employment business is carried out, as the case may be, in such a position that it can be readily seen by persons entering those premises and displayed prominently on any website that the holder of the licence may use for the purpose of the employment agency or employment business to which the licence relates:

(a) the licence granted by virtue of these regulations, if applicable; and

(b) a copy of these regulations which shall be available for inspection by any interested person:

Provided that failure to comply with the provisions of this sub-regulation shall constitute an offence in terms of these regulations.

(4) It shall be a condition of any licence that a competent person shall be available at all times to manage the employment agency or employment business. For this purpose, the competent person shall be employed by the employment agency or employment business on a full-time basis and shall, throughout such employment, be allowed to occupy such position with one (1) such employment agency or employment business only:

Provided that the employment agency or employment business may appoint a designated employee to assist the competent person to fulfil their function effectively and, whenever necessary, to temporarily replace the competent person when absent. In any case, the employment agency or employment business shall obtain the prior approval of the Director and his eligibility shall be subject to the same criteria established for the competent person. Any designated employee shall work under the direction of the competent person.

(5) (a) When the existing competent person is no longer employed with the employment agency or employment business, and the new competent person is pending approval by the Director, the employment agency or employment business shall, as soon as practicable on becoming aware of such fact, notify the Director in writing thereof and provide the Director with the details of the employee who, shall be assuming temporarily the role of competent person and to whom any requests or queries are to be addressed, which employee may be a previously appointed designated employee;

(b) the Director shall also be notified whether the termination of employment of the competent person was in any way related to the implementation of the competent person’s obligations in accordance with these regulations and whether this had any implication that should be brought to the attention of the Director. The notification referred to in sub-regulation (5)(a) shall be made within fifteen (15) days from the date of termination of the competent person’s employment.

(6) Failure to comply with the provisions of this regulation shall constitute an offence in terms of these regulations.

(7) The person referred to in regulation 3(1)(b) shall ensure that a competent person is available at all times to manage the employment agency or employment business. The provisions of sub-regulations (4) to (6) shall apply to the competent mutatis mutandis person referred to in this sub-regulation.

(8) 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 or the person referred to in regulation 3(1)(b) shall notify the Director in writing of the proposed change not later than one (1) month before the proposed change. Failure to notify the Director shall constitute an offence in terms of these regulations:

Provided that nothing in this sub-regulation shall be considered as an authorisation to the holder of a licence to operate any business in accordance with regulation 3(1)(a) other than in accordance with the provisions of the said licence:

Provided further that every licence issued in accordance with these regulations shall be endorsed with notice of the effect of this regulation.

(9) A transfer of a licence to another person shall be deemed to be complete once it is approved in writing by the Director. When applying for a transfer of a licence, the licensee shall provide the Director with the name, address and the registration number of a valid identification document of the person to whom it is intended to transfer the licence and all the particulars and documents specified in regulation 5 in respect of the person to whom the licence is to be transferred.