The ETC fully agrees with the GWU and UĦM bosses’ statement that employer control of (work) permits leads to abuse (‘Unions: employer control of permits leads to abuse’, October 21).

Following the transposition of the Single Permit Directive, effective July 2014, applications for single permits (residence and work) are no longer to be submitted by employers but by the individual non-EU/EEA citizens themselves.

Government entities now correspond with and eventually issue directly to the applicant a permit for him or her to reside and work in Maltese territory. Such permit does, of course, need to specify the duration and the employment position that formed the basis for the positive result of the specific labour market test conducted.

Local labour laws are in place and form the basis for the protection that any employee in Malta needs

It is clear, therefore, that:

a. There is no good reason why the (work) permit should not be in the possession of the employee at all times.

b. At law, the TCN employee has exactly the same rights as any other employee who works within Maltese territory (including the right to resign from any employment), with the exception only that any new employment for TCNs is subject to the prior submission of a fresh application for a single residence/work permit and a positive labour market test.

In the article mentioned above, the Times of Malta wrongly said: “Employment licences [other words for work permits] for non-EU nationals are issued by the Employment and Training Corporation...”

The ETC would like to point out that it has been public knowledge for over 15 months that TCN single permits (residence and work) became the responsibility of Identity Malta as of July 21, 2014. The conditions relating to such applications are stipulated in legal notice 160 of 2014 and the employment relationship, like all others, is governed by local labour legislation.

This newspaper also said in the article: “However, the employer may cancel the work permit and the only obligation would be to inform the ETC, stating the reason for cancellation and effective date, and returning the permit.”

However, as already stated above, the ‘work permit’ is already the property of and in the sole possession of the TCN employee and no employer has the right to cancel such permit. An employer may have the right to terminate an employment in terms of either a specific work contract or generic legislation but not to terminate a single permit (or to use permit cancellation as a threat).

Though it is repeatedly stated that the application processing procedures need reconsideration as they result in undue delays, the ETC does not feel that any “radical overhaul is required to prevent exploitation by employers”.

Local labour laws are in place and form the basis for the protection that any employee in Malta needs. Furthermore, different government departments have their own inspectorate service to ensure compliance.

Philip Rizzo is CEO of the Employment and Training Corporation.