S.L. 217.14 Art. 5Financialsanctions and other measures. Cap. 452. S.L. 217.07. [

(1) An employer shall be liable, on conviction and in addition to any penalty imposed by the Court of Magistrates

(Malta) or the Court of Magistrates (Gozo), as the case may be, to pay:

(a) any outstanding remuneration to the illegally employed third-country national. The agreed level of remuneration shall be presumed to have been at least equivalent to the national minimum wage, unless either the employer or the employee can prove otherwise;

(b) an amount equal to any taxes and social security contributions that the employer would have paid had the third-country national been legally employed, including penalty payments for delays and relevant administrative fines;

(c) where appropriate, any cost arising from sending back payments to the country to which the third-country national has returned or has been returned; and

(d) the costs of return of illegally employed third-country nationals in those cases where return procedures are carried out.

(2) The provisions of article 45(1)(f) of the Employment and Industrial Relations Act shall, mutatis mutandis, apply to the penalties imposed on the employer under these regulations.

(3) In the application of sub-regulation (1)(a) and (b), it shall be presumed that the employment contract shall be of at least three months’ duration, unless the employer or the employee can prove otherwise.

(4) The provisions of regulations 4 and 5 of the Permission to Reside for Victims of Trafficking or Illegal Immigration who co-operate with the Maltese Authorities Regulations shall apply in respect of criminal offences falling under the provisions of regulation 7(c) and (e).

(5) For the purposes of these regulations, the Court of Magistrates (Malta) or the Court of Magistrates (Gozo), as the case may be, may, in its judgment, also order that an employer be subject to the following measures:

(a) exclusion from entitlement to some or all public benefits, aid or subsidies, including EU funding managed by the Government of Malta, for up to five years;

(b) exclusion from participation in a public contract as provided in any public procurement regulations on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts, for up to five years; and

(c) recovery of some or all public benefits, aid, or subsidies, including EU funding managed by the Government of Malta, granted to the employer for up S.L.217.14 OF ILLEGALLY STAYING THIRD-COUNTRY NATIONALS

to twelve months preceding the detection of illegal employment.

(6) The provisions of sub-regulation (5) shall not apply where the employer is a natural person and the employment is for his private purposes.