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Application for Registering Partial Alterations of Rules

Trade unions and employers’ associations undergo organisational changes from time to time that may require updates in their statute. Such changes in the statute need to be registered with the Registrar of Trade Unions.
Application for the Guarantee Fund

The Guarantee Fund is intended to guarantee payment of unpaid wages due by an employer, to those employees whose employment is terminated because of the employer’s proved insolvency. Insolvency is when an individual or organization can no longer meet its financial obligations.

The employee binds himself to reimburse the Fund with a sum equivalent to the amount paid out of the Fund by the Administration Board in respect of the claim made by the employee from any amounts retrieved from any court proceedings or from any settlement received from a liquidator, as the case may be.

Any person who is found guilty of registering a false claim for unpaid amounts or who is found guilty of acting in collusion with an employer or an employee in order to obtain payments from the Fund, shall be guilty of an offence and shall be liable on conviction to a fine (multa) which is equivalent to ten times the amount paid out of the Fund, together with any other punishment to which the offender shall be liable according to any other applicable law.
Application for the Registration of a Trade Union or Employers' Association

A new trade union has to be registered with the Registrar of Trade Unions, according to the Employment and Industrial Relations Act.
Licence to run an Employment Agency

Before applying for an Employment Agency License, the following procedures to be implemented:

1. Publish a 'Notice of intention' for just 1 day in two different daily newspapers. Display another copy of such 'Notice of intention' in a prominent place onto the door of your premises where the business is intended to be carried out. The 'Notice of intention' should be displayed for at least for 21 calendar days before making the application. The 'Notice of intention' should state the name, ID and address of applicant. If the applicant is a Company or Joint Venture, the Company Number/s, Company Name/s, registered address and the operating address.

When applying as a Partnership, the names, IDs and addresses of each partners together with the address of the premises at which the employment agency or employment business is to be carried out are to be included. It is also important that the published Notice of Intention is to state that it is in accordance with section 23 of the Employment and Training Service Act 1990 (Act XXVII of 1990).

You are also to mention the class of activities to be carried out such as:
• Recruitment Consultancy.
• Interviewing, selection and placements of candidates in employment.
• Recruitment persons abroad for employment in Malta or in any EU Member State.
• Recruitment persons in Malta for employment in Malta or in any EU Member State.
• Advertising of the filling of vacancies.
• Keeping a register of applicants for employment.

2. Issue a signed 'Declaration Letter' confirming that you are going to operate from an office that;
• is accessible to persons with special needs. (if not state where you are going to interview these persons).
• have a waiting room were candidates can wait before being interviewed.
• have an interview room where a candidate is interviewed away from other candidates.

This letter is to be originally signed by the Competent Person/Director and should include your Letter Head.

It is also important to show your Employment Agency License Name and Number on your Website (eg. ###-year) especially on the recruitment page. This is to be quoted in every correspondence you make with the Department of Industrial and Employment Relations. Please include all links to your sites.

For any further assistance regarding the compilation of the required documentation listed above and in the filling in of the application/renewal form please contact the Employment Agency officer on: 23975112 or email: [email protected] .
Notice of Dissolution of a Trade Union or an Employers' Association

When trade unions and employers’ association cease to exist the Secretary and the Treasurer have to notify the Registrar of Trade Unions giving details related to the dissolution of their organisation.
Request to Cancel Certificate of Registration

A Trade Union or Employers' Association may wish to cancel its Certificate of Registration in order to continue operating in another manner, but not as a trade union or employers' association.

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