S.L. 420.9 чл. 15Employment.            Cap. 318.   S.L. 451.03.

(1) Applicants shall have access to the labour market not later than six (6) months from the date on which the application for international protection was registered provided that an administrative decision by the International Protection Agency has not been taken and the delay cannot be attributed to the applicant, provided that the person concerned is still an applicant:

Provided that applicants whose application for international protection has been accelerated on the merits in accordance with Article 42 of Regulation (EU) 2024/1348 shall not have access to the labour market or, if already granted, such access shall be withdrawn.

(2) Applicants who have access to the labour market in accordance with sub-regulation (1), shall have effective access to the labour market in accordance with relevant national provisions:

Provided that for reasons of labour market policies, including regarding youth unemployment levels, Jobsplus may verify whether a specific vacancy that an employer is considering to fill with an applicant who has access to the labour market in accordance with sub-regulation (1) could be filled by Maltese nationals, by other European Union citizens, or by third-country nationals and stateless persons lawfully residing in Malta. If Jobsplus finds that the specific vacancy may be filled by such persons, such authority or the employer may refuse the employment of the applicant for such vacancy.

(3) Applicants who have access to the labour market in accordance with sub-regulation (1), shall enjoy equal treatment with Maltese nationals as regards:

(a) terms of employment, the minimum working age and working conditions, including pay and dismissal, working hours, leave and holidays, as well as health and safety requirements at the workplace;

(b) freedom of association and affiliation and membership of an organisation representing workers or employers or any organisation whose members are engaged in a specific occupation, including the benefits conferred by such organisations;

(c) education and vocational training, including training courses for improving skills, practical workplace experience and employment guidance services;

(d) recognition of diplomas, certificates and other evidence of formal qualifications in the context of existing procedures for recognition of foreign qualifications; and

(e) access to appropriate schemes for the assessment, validation and recognition of applicants’ prior learning outcomes and experience.

(4) Equal treatment of applicants who have access to the labour market shall be restricted in accordance with sub-regulation (1):

(a) as regards sub-regulation (3)(b), by excluding them from taking part in the management of bodies governed by public law and from holding an office governed by public law;

(b) as regards sub-regulation (3)(c), by excluding:

(i) grants and loans related to education and vocational training and the payment of fees in accordance with national provisions regarding access to university or post-secondary education; and

(ii) education and vocational training which is not provided within the framework of an existing employment contract, including where provided for employment promotion purposes;

(c) as regards sub-regulations (3)(d) or (3)(e), by not granting equal treatment for at least three (3) months from the date on which the application for international protection was registered.

(5) Applicants who are employed or, based on previous employment, are entitled to social security benefits, shall enjoy equal treatment with Maltese nationals as regards branches of social security referred to in Articles 3(1) and (2) of Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security system.

(6) Without prejudice to the provisions of the Social Security

Act and relevant subsidiary legislation, equal treatment under sub-regulation (5) shall be restricted by excluding social security benefits which are not dependent on periods of employment or on contributions.

(7) The right to equal treatment pursuant to these regulations shall not give rise to a right to reside in cases where a decision taken in accordance with Regulation (EU) 2024/1348 has terminated the applicant’s right to remain.

(8) For the purposes of sub-regulation (3)(d), and without prejudice to regulations 3 and 4 of the Recognition of Professional

Qualifications Regulations, the Malta Qualifications Recognition Information Centre (MQRIC) shall facilitate to the extent possible, full access to existing procedures for the recognition of foreign qualifications for applicants who cannot provide documentary evidence of their qualifications.

(9) Access to the labour market shall not be withdrawn during an appeal procedure where the applicant has the right to remain on Maltese territory during that procedure and until a negative decision regarding the appeal is served.