S.L. 217.21 ст. 15Right to equal treatment. S.L. 452.82 S.L. 451.03 Cap. 318. Cap. 318.

(1) Without prejudice to the provisions of regulation

4(3)(b), intra-corporate transferees admitted under these regulations shall enjoy equal treatment with regard to the terms and conditions of employment in accordance with the Posting of Workers in Malta Regulations.

(2) Intra-corporate transferees shall be entitled to receive equality of treatment as the comparable nationals of Malta where the work is carried out as regards:

(a) 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;

(b) recognition of diplomas, certificates and other professional qualifications in accordance with the Recognition of Professional Qualifications Regulations;

(c) provisions in national law regarding the branches of social security as defined in Article 3 of Regulation

(EC) No. 883/2004: Provided that family benefits payable under the provisions of the Social Security Act shall not apply to intra-corporate transferees who have been authorised to reside and work in Malta for a period not exceeding OF AN INTRA-CORPORATE TRANSFER [

nine months: Provided further that equal treatment shall apply only to intra-corporate transferees who are not covered by the legislation of the country of origin by virtue of a bilateral agreement: Provided further that the application of this regulation shall be without prejudice to more favourable provisions in bilateral agreements concluded between the Government of Malta and one or more third countries: Provided further that in the case of intra-corporate transferees who are in a situation which is not confined in all respects within a single Member State, Regulation (EU) No 1231/2010 shall apply accordingly, without prejudice to bilateral agreements ensuring that the intra-corporate transferee is covered by the legislation of the country of origin: Provided further that, without prejudice to Regulation

(EU) No 1231/2010 and to bilateral agreements, intra-corporate transferees moving to a third country, or their survivors who reside in a third country and who derive rights from those workers, shall receive, in relation to old age, invalidity and death, statutory pensions based on the intra-corporate transferees’ previous employment and acquired in accordance with the Social Security Act under the same conditions and at the same rates as Maltese nationals receive when moving to a third country;

(d) access to goods and services and the supply of goods and services made available to the public, except procedures for obtaining housing as provided for by national law, without prejudice to freedom of contract in accordance with Union and national law, and services afforded by public employment offices.

(3) The provisions of this regulation shall be without prejudice to the right of the Executive Chairperson to withdraw or to refuse to renew the permit in accordance with regulation 7.