If you are you a recruitment agency in the practice of recruiting persons for employment in or outside of Malta or are in the business of operating a temporary work agency or an outsourcing agency, then you have likely heard of the new Employment Agencies Regulations which were published on 23 November 2023 through Legal Notice 270 of 2023, and which will come into force on 1 June 2024.

Registrations have been open as of 1 January 2024 but may now also be submitted in a more efficient manner through the Employment Agencies Web Portal found here.

What you need to know.

  • The license will be granted for ONE activity only i.e., for the recruitment of persons for employment in/outside Malta or for rendering activities accustomed to temporary work agencies or outsourcing agencies;
  • A licence is valid for a period of one year;
  • Renewals must be submitted at least two months prior to the expiry date of the applicable licence (if you have one), and may be renewed for periods of not more than 2 years, albeit subject to the Director's decision;
  • You need to elect a competent person to manage to employment agency;
  • Fee for a first-time applicant is €3,000; Fee for renewal is €1,500;
  • A bank guarantee will need to be provided for the amount of €20,000 for agencies employing less than 20 employees and €20,000 plus a sum equivalent to 2% of the total annualised wages of all employees up to a maximum of €300,000, for agencies employing 20 or more employees.

Are there exemptions?

Yes, exemptions could apply where:

  • employers recruit within their own organisation,
  • agencies recruit on behalf of an employer whose identity is specified in the advert,
  • outsourcing agencies offering professional, technical and surveying services,

Jobsplus also benefits from an exemption in the performance of the function of an employment agency.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.