The governemnt of Malta published its new Labour Migration Policy Consultation Document, open for public consultation until 9 February.

The document is based on four guiding principles: retention and stability, protection of employee rights and enhancing working conditions, aligning labour migration with labour market needs, and a skills-based approach to migration. 

The policy specifies 32 recommendations in total, including:

• Minimum termination rates allowed prior to application: employers with high turnover of third-country nationals (TCNs) will fail the Labour Market Needs Test (LMNT) and be barred from hiring new TCNs, with thresholds of 50% for small firms, 40% for medium firms, and 35% for large firms.

• Renewal period up from 1 to 2 years: work permit renewals will be extended to 2 years for retained workers, provided they have 2-year employment contracts.

• Higher fees for first-time permits, lower fees for renewals: the fee for first-time work permits will increase from €300 to €600, while renewal fees will decrease to €150 annually to encourage long-term employment.

• Salary payment method for newly engaged TCNs: employers will be required to pay TCNs salaries via bank transfers to enhance monitoring and prevent exploitation.

• Extension of grace period for TCNs whose employment has been terminated: TCNs will have up to 60 days (an initial 30 days plus an additional 30 days if certain conditions are met) to find new employment after job termination.

• Strengthening the vacancy requirement: employers must advertise job vacancies on local (Jobsplus) and EU (EURES) platforms for at least 3 weeks and justify rejections of Maltese or EU applicants.

• Pre-departure integration course: TCNs must complete an online course on Maltese language, culture, and values before arriving in Malta, promoting smoother integration.

• Establishing a high-risk country list for employment applications: applications from countries deemed high-risk for security, public health, or public policy reasons will be automatically rejected.

• Minimum number of Mal/EU nationals prior to application for TCNs: employers must employ a minimum number of Maltese/EU nationals or any other TCN who enjoys equal treatment as Maltese/EU nationals, before hiring TCNs, with thresholds varying by company size. 

• A study on skilled-occupation salaries: a study will establish occupation-specific salary thresholds to ensure TCNs are paid fair, market-aligned wages.