A new Labour Migration Policy will seek to give more priority to Maltese and most other European nationals when job vacancies are advertised. The policy was open for public consultation until 9th February and is now being finalised by the Government.
The policy seeks to give more time for Maltese, EU, European Economic Area and Swiss nationals (or third-country nationals who are already in the Maltese job market) to apply for vacancies.
An employer must place one job advert with Jobsplus and the EURES portal for at least three weeks within the two months before proceeding with an employment permit for a third-country national.
If an employer rejects an application from a person with a nationality mentioned above, they must provide reasons for this rejection.
Jobsplus will retain a right to refuse any application that does not meet these conditions:
1. A CV presented with each application – signed by both the applicant and employer.
2. Copies of qualification certificates and accreditation/recognition.
3. Approval from a regulatory body for all regulated occupations.
4. At least two references attesting to the applicant’s experience and character.
5. Evidence of sufficient knowledge of English or Maltese (consistent with IELTS Band 6 or above).
For low-skilled occupations, the above conditions shall not apply, except for evidence of language proficiency.
Employers are eligible to apply for additional third-country nationals based on a fixed percentage of their current total workforce at the end of 12 months for the period preceding the application, as follows:
1. Micro firms (1-9 employees): not exceeding 200%.
2. Small firms (10-50 employees): not exceeding 100%.
3. Medium firms (51-249 employees): not exceeding 50%
4. Large firms (250+ employees): not exceeding 25%
For example, if a small firm has already recruited one third-country national, it will not be allowed to recruit more than one further third-country national.
Requests to temporarily waive this condition will be considered where necessary, including on the advice of Malta Enterprise, and considering business plans and growth projections.
The Labour Market Needs Test currently excludes newly registered businesses from any labour market testing – and this condition will be removed. A newly registered business whose ownership does not include Maltese, EU nationals, or long-term residents will be excluded from applying for third-country national employees (although temporary requests from these companies will be considered).
The first person to be recruited for a business should be of Maltese or EU nationality (or be a third-country national with similar status to Maltese or EU nationals). A series of ratios will apply to the following types of businesses:
1. Micro firms (1-9 employees) – two full-time persons in those categories prior to application for third-country nationals.
2. Small firms (10-50 employees) – four full-time persons in those categories prior to application.
3. Medium firms (50-249 employees) – 20 full-time persons in those categories prior to application.
4. Large firms (250+ employees) – 40 full-time persons in those categories prior to application.
If more than 80% of a company’s workforce is from third countries, the employer will be viewed unfavourably and will be subject to an enhanced test.
Jobsplus will continue to analyse the labour market, and may implement quotas or even temporary bans on hiring for occupations where there is an excess supply of labour.
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