S.L. 217.27 Art. 13Labour market access. 15

(1) EU Blue Card holders shall have access to highly qualified employment in Malta under the conditions provided for in this regulation:

Provided that access to employment involving the exercise of public authority and the responsibility for safeguarding the general interest of the State, may be reserved to Maltese nationals, Union Citizens or EEA citizens.

(2) During the first twelve (12) months of legal employment of the person concerned as an EU Blue Card holder, the competent authority in accordance with these regulations shall:

(a) require that a change of employer or a change which may affect the fulfilment of the criteria for admission as set out in regulation 4 be communicated to the competent authority; and

(b) subject any change of employer to a verification of the labour market situation.

(3) The right of the EU Blue Card holder to change employment may be suspended for a maximum of thirty (30) days while the competent authority verifies that the conditions for admission laid down in regulation 4 are fulfilled and that the vacancy concerned could not be filled by the persons listed in regulation 6(1)(e). The competent authority may oppose the change of employment within those thirty (30) days.

(4) After the expiry of the twelve (12)-month period referred to in sub-regulation (2), the competent authority may require only that a change of employer or a change affecting the fulfilment of the criteria for admission as set out in regulation 4, be communicated in accordance with procedures laid down by the applicable law. Such a requirement shall not suspend the right of the EU Blue Card holder to take up and carry out the new employment.

(5) During a period of unemployment, the EU Blue Card holder shall be allowed to seek and take up employment in accordance with this regulation.

(6) The EU Blue Card holder shall communicate the beginning and, where appropriate, the end of the period of unemployment to the competent authority in accordance with the relevant applicable procedures.

(7) Without prejudice to the criteria for admission set out in regulation 4, the competent authority may allow EU Blue Card holders to engage in self-employed activity in parallel to the activity in highly qualified employment in accordance with conditions laid down in the applicable law. This shall not affect the competence of the competent authority for limiting the scope of the authorised self-employed activity:

Provided that any such self-employed activity shall be subsidiary to the main activity of the EU Blue Card holder.

(8) Where the competent authority issues a national residence permit for the purpose of highly qualified employment, the competent authority shall guarantee EU Blue Card holders access to self-employed activities under not less favourable conditions than those provided for under the relevant national scheme.

(9) Without prejudice to the criteria for admission set out in regulation 4, the competent authority may allow EU Blue Card holders to engage in professional activities other than their main activity as an EU Blue Card holder in accordance with conditions laid down in in these regulations.

(10) This regulation is without prejudice to the principle of preference for Union citizens where applicable under the relevant Acts of Accession.