New EU legislation aims to facilitate economic migration
Seasonal Work
The European Commission recently approved two separate draft directives on seasonal work and intra-corporate transferees which were presented by Commissioner for Home Affairs Cecilia Malmstrom.
Out of the two, the proposal for a directive on seasonal employment is the most sensitive item for Maltese business. This draft directive aims to establish a simplified common procedure for entry, and residence, into EU member-states for workers from non-EU countries who are seeking seasonal employment.
A fast-track procedure of 30 days will regulate the admission of third-country seasonal workers through the issuing of visa or residence permit as well as the work permit covering the fixed-term employment for a maximum period of six months in a calendar year.
From an employers' perspective, the introduction of this fast-track procedure will simplify the quest for skilled labour in those sectors suffering from lack of adequate national and EU labour supply.
The draft directive would also introduce a multi-seasonal permit or a facilitated re-entry procedure for subsequent seasonal work. This is an important incentive for the seasonal workers and employers alike since the measure will enhance repeat engagements therefore creating a better-skilled seasonal labour pool.
Maltese businesses welcome this draft directive as it is bound to address certain labour and skills shortages affecting specific sectors, such as healthcare services the construction and tourism industries.
Intra-corporate transfers
The second draft directive is a proposal on conditions of entry and residence of third-country nationals when it comes to the temporary transfer of third-country nationals from a company located outside the EU, to its branches or subsidiaries in EU member-states.
The core proposal of the draft directive is to create a common set of rules establishing a new fast-track entry procedure that is applicable to a defined target group, namely highly-specialised staff from non-EU countries (mainly managers, specialists and graduate trainees).
The proposed fast-track entry procedure is planned to be transparent and straightforward and based on a single application for a combined work and residence permit which is to be decided within a 30-day deadline.
The Commission is proposing that intra-corporate transferees would be allowed to carry out part of their assignment in a commercial entity belonging to the same corporate group located in another member-state, on the basis of the first residence and work permit gained at point of entry into the EU, valid for a period of up to 12 months. The benefits for business, particularly multinationals operating cross-border are many and include the fact that companies will have better and faster access to global talent to meet staffing needs for managers, specialists and graduate trainees. So what's in for the Maltese business community?
In Malta, intra-corporate transfers are an established practice amongst the international audit firms and the five-star hotel brand chains, but the differentiation in categories, as proposed by the Commission, will help other operators to follow this practice.
Clearly the Commission proposal could help local businesses to invest in capacity-building through specialised skilled staff from abroad. This is particularly relevant for specific industries like precision engineering firms, pharmaceuticals, aviation engineering and for training upcoming senior management cadres.
For more information on EU affairs related to business, one may contact the Malta Business Bureau on 2125 1719 or via email on info@mbb.org.mt. One may also visit the business portal .