S.L. 217.17 Art. 23Rights of Director. S.L. 217.09 Cap. 318. Cap. 318.

Without prejudice to the right of the Director to withdraw or refuse to renew a residence permit issued under these regulations, or a residence permit issued for purposes other than work, or any other authorisation by a pertinent authority to work in Malta, third-country workers as referred to in regulation 3(b) and

(c) shall enjoy equal treatment with Maltese nationals with regard to:

(a) working conditions, including pay and dismissal as well as health and safety at the workplace;

(b) freedom of association and affiliation and membership of an organisation representing workers or employers of any organisation whose members are engaged in a specific occupation, including the benefits conferred by such organisations, without prejudice to the national provisions on public policy and public security;

(c) education and vocational training: Provided that such equal treatment shall apply only to third country workers who are in employment or who have been employed and who are registered as unemployed in Malta and shall not:

(i) include study and maintenance grants and loans or other grants and loans;

(ii) be given to third-country nationals who have been admitted to Malta in accordance with the provisions of Conditions of Admission of Third Country Nationals for the purposes of Studies Regulations: Provided that as regards to payment of tuition fees and language proficiency, with respect to access to university and post-secondary education and to vocational training which is not directly linked to the specific employment activity, the specific prerequisites in national legislation shall apply;

(d) recognition of diplomas, certificates, and professional qualifications in accordance with Maltese legislation;

(e) branches of social security, as defined in Article 3 of Regulation (EC) No 883/2004: Provided that such equal treatment as regards the rights set out in the said Regulation shall apply only to third-country workers who are in employment or who have been in employment for a minimum period of six months and who are registered as unemployed:

Provided further that family benefits payable under the provisions of the Social Security Act shall not apply to third-country nationals who:

(i) have been authorised to work in Malta for a period not exceeding six months;

(ii) have been admitted for the purpose of study, or

(iii) are allowed to work on the basis of a visa: Provided further that, third-country workers 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 third country workers’ 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;

(f) tax benefits, insofar as the worker is deemed to be resident for tax purposes in Malta: Provided that such equal treatment shall apply to cases where the third country worker's situation of residence is the same as that obtaining for a Maltese national in the same situation;

(g) access to goods and services and the supply of goods and services made available to the public, excluding access to housing: Provided that such equal treatment shall apply only to third country workers who are in employment and shall be without prejudice to the freedom of contract in accordance with Community and Maltese legislation;

(h) advice services afforded by employment offices.