Employment and Industrial Relations Act (Cap. 452), article 21A

21A. (1) There shall be established an Employment Agencies Guarantee Fund (hereinafter referred to as the "Agencies Guaran tee Fund") for the purpose of providing compensation to any employe e of any temporary work agency or out sourcing agency, as the case ma y be, whose employment is terminated because of the revocation or non - renewal of the licence in terms of the provisions of any applic able regulations, which Agencies Gua rantee Fund shall be regulated a nd EMPLOYMENT AND INDUSTRIAL RELATIONS [ CAP. 452. 15 administered in such manner as the Minister may prescribe. (2) The Minister may, after consultation with the Minister for Finance and with the Board, pres cribe regulations for the purpo se of giving better effect to the provisions of this article. Without prejudice to the generality of the foregoi ng, such regulations may establ ish: (a) the manner in which the Agencies Guarantee Fund shall be set up and funded; (b) the level of proof required for funds to be utilised; (c) the manner in which the Agencies Guarantee Fund shall be administered; (d) the manner and the circumstances in which the funds may be utilised; (e) the right of the Agencies Guarantee Fund to claim reimbursement of any amounts so paid; and (f) the measures and procedures that may be required in order to prevent abuse. (3) The Agencies Guarantee Fund shall have a distinct legal personality and shall be capable of entering into contracts, of suing and being sued, and doing all such things and entering into suc h transactions as are incidental or conducive for the fulfilment of its objectives, as may be prescribed by the Minister. (4) The Agencies Guarantee Fund shall be empowered to collect, recover and institute proceedings for the enforcement of the rights vested in it in terms of the provisions of this Act and of any regulations issued thereunder. (5) The legal and judicial representation of the Agencies Guarantee Fund shall vest in th e chairperson of that authority established to administer the Ag encies Guarantee Fund or in any other person as the Agencies Guarantee Fund may authorise for this purpose. Employment Agencies Appeals Board. Added by: XLIII.2023.3.