The protection of employment rights of third country nationals in Malta

Abstract

This study strives to give a realistic portrayal of the obstacles faced by Third Country Nationals (TCNs) while exercising their employment rights and the legal protection offered to safeguard these rights. Chapter 1 delves into the right to work, which acts as a spring board for employment rights. The right to work is analysed as the root from which employment rights and conditions of work are derived. Therefore, an indication of the salient features of employment rights are considered, enlisting the main rights afforded to all workers as protected by law. Chapter 2 introduces and defines who Third Country Nationals are, as the persons to whom this study entails, clarifying those who do not fall under this classification, as well as listing different types of TCN migrant workers. The study also delves into migration trends showing where TCNs hail from and why they choose to migrate, finally concluding with an analysis of Maltese trends. Chapter 3 addresses access to employment, without which employment cannot be achieved. Obstacles to access are linked to the acquisition of permits, regulated by both EU and domestic legislation. The different permits available allow for diverse layers of rights and equality that permit holders may access locally. Chapter 4 portrays a brief yet realistic picture of the grievances faced by TCNs at work. These grievances are generally caused by discrimination at the workplace on grounds of race, ethnicity, nationality and religion. These notions are analysed in terms of the protection offered at International, EU and local levels. Possible assertions are offered and put forward as a defence to aggrieved victims. Chapter 5 concludes the study by offering an overall conclusion while advancing recommendations to be able to offer the maximum level of protection.