Employers will be disqualified from recruiting third-country nationals if they breach employment law under the Government’s new Labour Migration Policy, which is now being finalised. The policy was open for public consultation from 8th January to 9th February.
A substantial section on protecting workers’ rights and conditions outlines that disqualification will be possible in the following six circumstances:
1. An employer does not properly submit engagement forms for all employees, including those who have been granted a work permit, within two working days.
2. An employer asks for any form of financial compensation from employees in relation to their hiring or the ending of their employment.
3. Failure to comply with the Persons with Disability (Employment) Act – this requires that at least 2% of an employer’s workforce should be persons with disabilities (or that a financial contribution be made if this is not the case).
4. A breach in any other conditions of employment outlined in Maltese law.
5. A breach in employment-related regulations.
6. A breach of any legal requirements, such as those related to taxation and social security.
The disqualifications will mainly apply until the situation is resolved, except for points 4 and 5 which will allow the employer to be disqualified for 12 months. A database of job postings for third-country nationals will be created and used to verify that the roles assigned to these individuals correspond precisely with the appropriate work contract.
All salary payments to third-country nationals must be conducted exclusively via bank transfers to enhance the monitoring of employment contract conditions.
A grace period for workers who lose their jobs is also proposed. At present, a single permit holder is required to leave Malta immediately if their employment ends. The new more flexible approach proposes a 30-day period following employment termination, during which the worker may legally remain in Malta to seek new employment. This may be extended by another 30 days if the third-country national can demonstrate sufficient financial resources to support themselves without seeking social assistance.
Third-country nationals who are legally present in Malta on visas that do not permit employment should not be granted to work in the country. This seeks to prevent the exploitation of individuals without an employment licence and curtail irregular stays (such as applying for work while visiting as a tourist).
Where a third-country national applies for a permit within 60 days of entering the EU, they will be granted an interim permit allowing them to remain in Malta while their application is processed. However, individuals applying between 61 and 90 days after entry will be required to leave the EU and wait elsewhere until the application is decided.
Special consideration will be given to the partners of Maltese nationals, and the parents of Maltese nationals who are under 23 years old. People in each of these groups will be issued with a residence permit that explicitly confirms their entitlement to seek employment.
A comprehensive list of high-risk third countries – on the grounds of security, public policy, or public health – will be created; applications for low-skilled employment from nationals of these countries will be rejected. A more nuanced approach is recommended for other forms of employment, with applications evaluated on a case-by-case basis (e.g. whether the person is already legally residing in another EU member state or EEA country).
A study will be carried out to determine salary levels across skilled occupations, which will help to set salary thresholds for each of those occupations.
Third-country nationals who are identified as victims of human trafficking and who apply for a residence permit will not need to pay the application fee. The residence permit issued to these individuals shall be valid for one year (instead of the current six months) and renewed throughout the whole period and the whole duration of the court proceedings.
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