Overdue labour migration reform is a welcome development

The labour migration policy unveiled by Jobs Minister Byron Camilleri last week was a welcome move, albeit long overdue.

The 32 recommendations that have been published translate into concrete actions that are intended to achieve stability in the jobs market; stability in the lives of non-EU employees; and as a result, stability in Maltese society. The policy encourages employee retention, penalises companies that do not do enough to retain non-EU foreign workers and strengthens workers’ rights.

The latter aim is crucial because strengthening the rights of non-EU nationals will ensure that the jobs market is not undercut by abusive work conditions and unfair market practices.

A key aspect linked to this recommendation is that non-EU nationals seeking a work and residence permit for the first time, or who are already in Malta but changing employer, will have to have their salary deposited directly into a bank account. As from this year, employers of third country national will be unable to pay them thei  wages in cash.

This will help the authorities in monitorring against abuse since the bank transaction can easily be compared to the individual’s work contract to determine whether salary payments are above board.

Another positive measure is the granting of a grace period of 30 days to non-EU nationals who are made redundant with a chance to find alternative employment. The reasoning behind this is to encourage employement of people who are already established in Malta rather then tap new sources of labour.

Nonetheless, two of the key proposals concern companies applying for permission to bring over workers from outside the EU.

The policy proposes employee turnover thresholds based on company size, which if surpassed will disqualify the company from applying for residency permits for new non-EU workers. When unveiling the policy, Minister Camilleri said this proposal was intended to weed out those companies that had a very high turnover of third country nationals, which in most cases was a sign of bad working conditions.

A second proposal limits the number of new non-EU nationals a company can take on board thus avoiding mass migration with all the risks and challenges it brings.

The policy does make specific exceptions for the health and care sector, where the country clearly cannot afford to have employee shortages, and for cases where Malta Enterprise deems it necessary.

Additionally, prospective foreign workers will have to undergo an acculturation course prior to coming to Malta, which acquaints them with Maltese laws, norms, culture, values and rights and obligations. It is important that foreign workers who come here have an understanding of Maltese society if they are to develop a sense of belonging.

On paper the policy looks good but as always, the proof of the pudding is in the eating. This leader hopes that when the policy comes into force, government will not bend to the whims of whiney employers. It was already a mistake for the government to embark on its economic strategy 11 years ago without having introduced the necessary safeguards and controls on the employment of non-EU nationals. It should not perform a second mistake by watering down the proposals.

The State has allowed labour migration to be determined by private recruitment agencies for too long. These agencies have no interest in looking at the bigger picture but rather have acted with disregard to the country’s economic and social needs, bringing over anyone from wherever and at times treating them in undignified ways.

Camilleri’s proposals allow the State to retake control of labour migration in such a way as to ensure workers’ rights are respected and demands by economic operators are balanced with society’s needs.

Anybody dreaming of kicking out foreign workers or shutting the door to them completely is delusional. Malta will continue to need foreign workers to plug gaps in the labour market. But when granting work permits, the State should be vigilant, fair and in control. Leaving things as they have been for the past decade or so is definitely not a solution.

Camilleri’s reform deserves the chance to prove its effectiveness but government must also be steadfast in its will to implement it fully, while committing itself to continuous monitorring so that any loopholes are plugged immediately.