Version: 1.1
Effective Date: March 11, 2022
Originally Enacted: September 1, 2017
Issued by: Legal & Compliance Division, NOVARIC®
1. Purpose and Scope
This policy establishes NOVARIC®‘s right to recover internal costs incurred during candidate screening, pre-employment consultation, eligibility evaluation, and administrative processing. It applies to all candidates who engage with NOVARIC® for recruitment, employment, relocation, or credentialing services but voluntarily disengage without justified cause.
It is particularly relevant for Third Country Nationals (TCNs), whose applications may involve complex immigration compliance, multilateral documentation, consular processing, and timelines outside NOVARIC®‘s control. The policy safeguards NOVARIC®‘s investment in human and operational resources during pre-contractual phases.
This policy is enacted in alignment with EU law, GDPR, Albanian Labour Code, and Maltese employment agency regulations.
2. Definitions
- Administrative Cost Recovery Fee: A flat fee of EUR 150, charged to offset internal costs related to candidate processing. These include profile preparation, CV optimization, employer-client coordination, internal eligibility checks, and documentation.
- Drop-Out: A candidate-initiated withdrawal from the application or consultation process after formal engagement, without providing a legally acceptable or verifiable reason.
- In-Scope Services: Any of the following: recruitment, employment, relocation, visa support, credentialing, and onboarding consultations provided by NOVARIC® prior to the formation of an employment contract.
- Third Country National (TCN): A non-EU national requiring immigration authorization to be employed in an EU or third-country destination.
- Pre-Employment Consultation: The structured onboarding and advisory process that assesses a candidate’s suitability and readiness for job matching, legal relocation, and visa processing. This includes early coordination with employers and third-party service providers.
3. Policy Statement
NOVARIC® incurs measurable administrative and personnel costs while offering candidate consultation, document support, relocation assessments, and interview facilitation. To protect the operational integrity of its recruitment system, NOVARIC® applies an Administrative Cost Recovery Fee when a candidate voluntarily exits the process without just cause.
This fee is:
- Not a placement or employment access fee;
- Not tied to the outcome of a job offer or visa issuance;
- A cost recovery mechanism applicable exclusively during pre-employment stages.
4. Fee Structure and Conditions
The fee becomes applicable if a candidate:
- Confirms interest but later withdraws after profile submission;
- Misses scheduled interviews without reasonable justification;
- Becomes inactive or unresponsive for over five (5) business days post-confirmation.
Invoicing: The EUR 150 fee is invoiced electronically, with payment due within five (5) calendar days. Non-payment may affect eligibility for future NOVARIC® services.
Relevant Reference:
- Directive 2005/29/EC, Article 7(1): Transparency of service-related charges and conditions;
- Albanian Labour Code, Article 5: Conditions must not be arbitrary or unjustifiably disadvantageous to candidates.
5. Exceptions and Waivers
The Administrative Cost Recovery Fee is waived if the candidate:
- Provides evidence of medical or family emergencies;
- Is impacted by embassy or immigration authority delays beyond their control;
- Experiences force majeure (e.g., war, natural disaster, political unrest);
- Encounters withdrawal or renegotiation initiated by the employer.
Assessment Process: Candidates may submit supporting documentation for discretionary review by NOVARIC®‘s compliance team.
Relevant Reference:
- Directive (EU) 2019/1152, Recital 2 and Article 3: Clarity of mutual obligations and fairness in pre-employment transparency.
6. TCN-Specific Guidance
TCNs often face prolonged and uncertain immigration workflows. NOVARIC®‘s administrative efforts may include:
- Legal document collation;
- Consular appointment assistance;
- Translation, notarization, and apostille advisory;
- Timeline monitoring for visa issuance and entry procedures.
The Administrative Cost Recovery Fee reflects internal resource allocation before visa approval, separate from government fees or placement outcomes.
Relevant Reference:
- Directive 2005/29/EC, Article 6: Prohibits misleading omissions; all such administrative distinctions are clearly communicated.
- GDPR, Article 6(1)(b): Justifies data processing necessary for performance of pre-contractual measures.
7. Candidate Acknowledgement
“I acknowledge and accept NOVARIC®’s Administrative Cost Recovery Policy. I understand that unjustified withdrawal from the consultation or application process may result in a EUR 150 administrative charge to cover internal service costs.”
[ ] I Agree
Signature: ____________________
Full Name: ____________________
Date: ____________________
8. Policy Review and Governance
The Legal & Compliance Division of NOVARIC® reviews this policy annually, or more frequently as needed based on regulatory changes. The applicable jurisdiction will be that of the service location (e.g., Malta, Albania).
Dispute Resolution: All challenges will be first reviewed internally. If unresolved, cases will be referred to a competent authority under the laws of the applicable country.
Relevant Reference:
- Maltese S.L. 594.18, Regulation 9(1): No fees may be charged for employment access;
- Clarification: This policy is for pre-employment consultation, not employment brokerage.
9. Legal Disclaimer
“This Administrative Cost Recovery Fee is not a job placement charge or a condition for employment access. It exclusively covers internal operational costs incurred during early-stage candidate engagement and consultation, especially where relocation or visa guidance is provided for TCNs.”
Appendix A – Legal Compliance Framework
1. EU Directive 2005/29/EC – Unfair Commercial Practices
Full Text: Directive 2005/29/EC
- Prohibits misleading or aggressive commercial practices;
- Requires pre-contractual transparency.
- Relevance: Fee is transparent, pre-agreed, not disguised as employment access.
2. Directive (EU) 2019/1152 – Transparent and Predictable Working Conditions
Full Text: Directive 2019/1152
- Regulates transparency before employment begins;
- Establishes information rights.
- Relevance: Fee applies pre-contract; no employment obligations exist.
3. GDPR – General Data Protection Regulation (EU 2016/679)
- Article 6(1)(b): Lawful basis for processing personal data when executing a contract.
- Relevance: Personal data used strictly for pre-employment administrative procedures.
4. Albanian Labour Code
Source: Euralius Code PDF
- Article 5: Prohibits arbitrary or discriminatory candidate treatment.
- Relevance: Fee only applies under transparent and proportionate conditions.
5. Maltese Law – S.L. 594.18 (Employment Agencies Regulations)
Source: Legislation Malta
- Regulation 9(1): Prohibits charging candidates for employment access.
- Clarification: This fee covers consultation and administration only; not tied to employment access.
Enacted on September 1, 2017
Revised on March 11, 2022
Issued by: Legal & Compliance Division, NOVARIC®