Reference is made to Dr Anna Mallia’s article “No policy on work permits” (MaltaToday, Wednesday, 24 March 2010)
Contrary to the declaration made in Dr Mallia’s article, ETC does have guidelines about how to process applications for the issue of employment licences.
There clearly seems to be a general misunderstanding on who is and who is not entitled to an employment licence (work permit). Since Malta’ accession into the European Union, EU citizens (except Romanians and Bulgarians) have a right to work in Malta just as any Maltese has the same right to work in any EU country.
The mobility of workers is one of the pillars of the European Union. Moreover, long-term residents, refugees, and those enjoying temporary humanitarian or subsidiary protection are also entitled to employment licences without undergoing labour market considerations.
All the above categories are entitled to take up any occupation including elementary occupations as those mentioned in the article. Thus, the fact that there are foreigners working in these elementary occupations is not a case of deficient job matching or lack of training on the part of ETC.
In the case of applications for the employment of third country nationals, the applicant organisation has to justify why he/she really needs the services of third country nationals and to prove that efforts were made to find Maltese nationals. A number of stakeholders are consulted depending on the type of occupation the foreigner will be exercising. Applications for the employment of Bulgarians and Romanians must undergo the labour market test for first-time entry into the labour market.
It is Corporation policy that preference in employment must be given by employers to Maltese and EEA nationals. More than 66% of active employment licences have been issued to EEA nationals, refugees, those enjoying temporary or subsidiary protection and asylum seekers.
The Corporation invites employers to notify their vacancies to it so that it matches such vacancies with jobseekers. It regularly organises recruitment exercises with employers that claim that they cannot find Maltese to work for them. Moreover, ETC has on offer circa 130 training programmes in different occupational areas that address areas of skills shortages and that can be attended by both jobseekers and persons in employment who would like to upgrade their skills or move up the career ladder. In addition, ETC provides apprenticeship schemes at craft and technician level in co-ordination with the Malta College of Arts, Science and Technology and the Institute of Tourism Studies.
Despite the efforts made by ETC and employers to find Maltese persons to do certain jobs, sometimes such efforts prove fruitless and employment licences are issued to organisations experiencing labour and skills shortages that have not been addressed to date.
ETC confirms what Dr Mallia is saying in its article that ETC ensures that a work permit is granted to a third country live-in nannies, carers, welders, etc. only after it is satisfied that an advert was placed on local newspapers and there was a negative reply.
With regards to the regulated professions (architects, lawyers, etc…), applications for the issue of licences for TCNs is first reviewed by the regulated profession itself before being processed by ETC.
ETC declares that it has never issued employment licences to foreigners to work as hunters and bird trappers. Two employment licences were issued for specialised net weavers.
As regards to transparency, ETC has always applied the same procedure to all work permit applications, and in its bid to make the procedure even more transparent it will be publishing the guidelines on its website in the near future.
Between January 2009 and December 2009, ETC inspectors found 365 foreigners working without a valid employment licence – an increase of 57% over the previous year. During 2009, 22 court sessions were held at which ETC presented 666 cases against employers found employing persons illegally. The Corporation has recently strengthened its capability to identify foreigners who are working without a valid employment licence, or who are not working for the same employer for whom a licence was issued or are performing an occupation different from that identified in the employment licence.
It has always been and will remain ETC’s mission to help assist Maltese jobseekers to find employment and to train our workforce. The readers of your paper can rest assured that every work permit application for a third country national undergoes a very rigorous procedure.
Tonio Montebello
Manager - Communications,
Emplyment & Training Corporation
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