Petition No.: 48 Signatures: 2664
Fourteenth Legislature (2022 - 2026 )
Details - Online
Title
Petition to amend the 10-day rule of the Employment Law for Third Country Nationals (TCNs)
Date
01-11-2024
Date petition closes for signatures
10-01-2025
Creator of petition
DILRAJ PANAKKAL BHASI
Grievance
The provision requiring TCNs to secure new employment within a brief 10-day timeframe is impractical and unjust. We respectfully submit the following considerations for amendment:
Infeasibility of Job Acquisition Within 10 Days: Finding suitable employment that aligns with a TCN’s qualifications in such a short period is unrealistic due to the constraints of the Maltese labor market. Unlike local residents, TCNs face unique challenges in navigating job applications. The 10-day requirement forces TCNs to make hasty decisions, often leading to the acceptance of substandard working conditions, compromising their ability to secure dignified employment.
Risk of Repatriation and Forfeiture of Contributions: Non-compliance with this narrow timeframe results in immediate consequences, including the risk of repatriation and loss of rights to contributions made to the Maltese economy through taxes and social security. This law effectively renders TCNs "illegal," despite their lawful contributions, violating principles of equity and fair treatment.
Increased Vulnerability to Exploitation: The urgency imposed by this law places TCNs at the mercy of unscrupulous employers who exploit their desperation, compelling them to accept poor working conditions. Such situations contradict Malta’s commitment to fair labor standards and human rights. Numerous cases illustrate this exploitation, highlighting a systemic issue that necessitates legislative reform.
Burden on the Immigration Appeals Board (IAB): This inadequate law has led to an increase in appeals from TCNs seeking extensions, overwhelming the IAB. Consequently, TCNs face prolonged uncertainty without employment, waiting for decisions. This situation serves neither the TCNs nor Malta’s administrative bodies. As the legal maxim states, “Justice delayed is justice denied”; thus, this provision infringes upon TCNs' rights to timely and fair administrative recourse.
Amending this law is crucial to uphold justice and support the rights of TCNs in Malta.
Infeasibility of Job Acquisition Within 10 Days: Finding suitable employment that aligns with a TCN’s qualifications in such a short period is unrealistic due to the constraints of the Maltese labor market. Unlike local residents, TCNs face unique challenges in navigating job applications. The 10-day requirement forces TCNs to make hasty decisions, often leading to the acceptance of substandard working conditions, compromising their ability to secure dignified employment.
Risk of Repatriation and Forfeiture of Contributions: Non-compliance with this narrow timeframe results in immediate consequences, including the risk of repatriation and loss of rights to contributions made to the Maltese economy through taxes and social security. This law effectively renders TCNs "illegal," despite their lawful contributions, violating principles of equity and fair treatment.
Increased Vulnerability to Exploitation: The urgency imposed by this law places TCNs at the mercy of unscrupulous employers who exploit their desperation, compelling them to accept poor working conditions. Such situations contradict Malta’s commitment to fair labor standards and human rights. Numerous cases illustrate this exploitation, highlighting a systemic issue that necessitates legislative reform.
Burden on the Immigration Appeals Board (IAB): This inadequate law has led to an increase in appeals from TCNs seeking extensions, overwhelming the IAB. Consequently, TCNs face prolonged uncertainty without employment, waiting for decisions. This situation serves neither the TCNs nor Malta’s administrative bodies. As the legal maxim states, “Justice delayed is justice denied”; thus, this provision infringes upon TCNs' rights to timely and fair administrative recourse.
Amending this law is crucial to uphold justice and support the rights of TCNs in Malta.
Wherefore I/we respectfully request the House of Representatives to
We request the House of Representatives to repeal this restrictive 10-day rule and extend the period to 30–60 days, aligning with fair labor practices and Malta’s commitments under international human rights standards. An extended timeframe would:
Provide TCNs a realistic period to find employment aligned with their qualifications.
Reduce the risk of exploitation and improve employment conditions.
Alleviate the burden on the IAB, streamlining Malta’s administrative processes.
Provide TCNs a realistic period to find employment aligned with their qualifications.
Reduce the risk of exploitation and improve employment conditions.
Alleviate the burden on the IAB, streamlining Malta’s administrative processes.
Closing remarks
In conclusion, we urge Parliament to reconsider and amend this unjust provision, recognizing the significant challenges faced by TCNs in securing employment. By extending the timeframe for job acquisition, Malta can better align its labor practices with international human rights standards and ensure fair treatment for all workers. Let us work together to create a more equitable system that protects the rights and dignity of TCNs, fostering a labor market that reflects the values of fairness, justice, and respect for all individuals. Thank you for your attention to this important matter.