In the opaque world of third-country nationals seeking jobs in the EU or attempting to secure proper terms and conditions of employment, it is not unusual to hear of exploitation and illegality. There is money to be made in this exercise and there are many willing to actively exploit the ignorance and vulnerability of those seeking such employment, especially the unskilled.
It was not unduly surprising to learn of Indian nationals paying thousands of euros in fees to agencies for work in Malta only to find that the promised job does not exist and that, once here, they are often subject to abuse and exploitation.
According to data from Jobsplus, approximately 11,000 Indian nationals were working in Malta in December 2022, the most populous third-country national group doing so.
In recent days, the Malta Malayalee Association highlighted a significant number of such cases, describing those involved as a kind of mafia. The association initially organised community activities for people from the southern Indian state of Kerala but now much of their work has become focused on issues of employment abuse.
The growing importance of agencies offering employment in Malta to third-country nationals has led to most jobs now being in the control of such agencies, giving them considerable power and influence.
Currently it can cost up to €4,000 to obtain a job via an agency and sometimes the figure can be as high as €10,000, according to the Malta Malayalee Association.
The association has also reported that the employment agency involved is routinely listed as the employer on their Maltese residence card. Upon arrival, those affected are told that they have no job and, in order to remain in Malta legally, they must pay income tax and social security via the agency.
Such agencies routinely bring more people to Malta than the number of jobs available, with evidence suggesting they bring as many as 150 people for 100 vacancies.
The agencies add further to the abuse by providing ‘payslips’ to the government, implying that these people are ‘working’ in Malta.
Migrants finding themselves without a job then seek employment in the market while being required to pay up to €180 per month to the agency concerned. If successful in obtaining employment, they can then apply to Identity Malta to change their recorded employer.
Legally, third-country nationals who have no employment have just 10 days in which to find another job or leave the country.
The growth of the Maltese economy, the demand for labour that cannot be satisfied locally or from other EU countries and the preference of employers for cheaper, more malleable employees have fuelled this situation. The lack of effective official scrutiny and enforcement exacerbates the situation and the potential for abuse.
In order to highlight these realities and the need for an effective official
response, the details of these current case studies need to be documented and made public. It is important that the stories of those abused get beyond a news report.
Given the level of popular misconceptions and myth-making around third-country nationals in Malta, such documentation would also expose those exploiting migrants.
Crucially, it would also assist with identifying the weaknesses and gaps in Malta’s employment practices, thereby suggesting necessary remedies.
While Malta’s economic development is officially hailed as the country’s great success, it is incumbent of all Maltese, especially those involved in the employment sector, to ensure that success is not based on the abuse and exploitation of vulnerable and marginalised others.