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

S.L. 452.130 Art. 15Coercion.

En vigueurTexte officiel

(1) It shall prohibited and considered unlawful for any licensee to undertake any action or measure that results or may result in:

(a) the restriction of movement of any employees making use of their employment services, including but not limited to the withholding of identification documents, physical confinement or the creation of financial dependencies. Any licensee shall ensure that employees making use of his employment services, are allowed the freedom to seek other employment without fear of any financial or other consequences that may result in a deterrent for them doing so;

(b) deceiving any employees making use of his employment services, into incurring substantial debts with the consequence that the said employees are not able to leave their employment or seek other employment opportunities;

(c) any employees making use of their employment services, not being able to terminate their employment through the use of threats, coercion or other retaliation measures or for fear of facing such exploitative situations and not being able to seek other employment opportunities; or

(d) forcing or coercing employees making use of their employment services, to work against their will and be subjected to involuntary labour.

(2) Should the Director be notified by the Malta Police Force, Identity Malta Agency, the Principal Immigration Officer or any competent authority dealing with employment that any licensee or applicant for a licence, whether original or renewed, has acted in breach of the provisions of sub-regulation (1), the Director shall revoke any existing licence or refuse to issue or renew any such licence, as the case may be, whereupon the applicable provisions relating to such revocation or refusal shall apply. mutatis mutandis

(3) The provisions of sub-regulation (1) shall be without prejudice to any other consequence of the act or omission of the offender under civil or criminal law.