S.L. 217.27 · Conditions Of The Entry And Residence Of (S.L. 217.27)
S.L. 217.27 Art. 14Equal treatment. 16 [S.L. Cap 318.
PART III
(1) EU Blue Card holders shall enjoy equal treatment as Maltese nationals as regards:
(a) terms of employment, including 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 of any organisation whose members are engaged in a specific occupation, including the rights and benefits conferred by such organisations, without prejudice to the national provisions on public policy and public security;
(c) education and vocational training:
Provided that the competent authority may restrict equal treatment as regards study and maintenance grants and loans or other grants and loans regarding secondary and higher education and vocational training. Access to university and post-secondary education is subject to specific prerequisites in accordance with the applicable law; THIRD-COUNTRY NATIONALS FOR THE PURPOSE OF 217.27 HIGHLY QUALIFIED EMPLOYMENT
(d) recognition of diplomas, certificates and other professional qualifications in accordance with the relevant applicable procedures;
(e) branches of social security referred to in article 3 of Regulation (EC) No 883/2004; and
(f) access to goods and services and the supply of goods and services made available to the public, including procedures for obtaining housing, as well as information and counselling services provided by the authority responsible for employment:
Provided that the competent authority may restrict equal treatment as regards procedures for obtaining housing, without prejudice to the freedom of contract in accordance with
European Union law and the Social Security Act and the regulations made thereunder.
(2) EU Blue Card holders relocate to a third country, or their survivors who reside in a third country and who derive rights from an EU Blue Card holder shall receive in relation to old age, invalidity and death, statutory pensions based on the EU Blue Card holder’s previous employment that were acquired in accordance with the legislation referred to in article 3 of Regulation (EC) No 883/2004, under the same conditions and at the same rates as Maltese nationals where such nationals relocate to a third country.
(3) The right to equal treatment laid down in sub-regulation
(1) is without prejudice to the right of the competent authority to withdraw or to refuse to renew the EU Blue Card in accordance with regulation 7.
(4) This regulation shall not apply to EU Blue Card holders who are beneficiaries of the right to free movement under Union law in Maltese territory.
(5) This regulation applies to EU Blue Card holders who are beneficiaries of international protection only when they reside in a Member State other than the Member State which granted them international protection.
(6) Where the competent authority issues residence permits for the purpose of highly qualified employment, it shall grant EU Blue Card holders the same equal treatment rights as those granted to holders of residence permits, where such equal treatment rights are more favourable than those provided for in this regulation.