S.L. 217.20 Art. 20Right to equal treatment. Cap. 352. S.L. 217.15 Cap. 318.

(1) Seasonal workers shall be entitled to equal treatment with Maltese nationals at least with regard to:

(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) the right to strike and take industrial action, in accordance with the Employment and Industrial Relations Act, and freedom of association and affiliation and membership of an organisation representing workers or of any organisation whose members are engaged in a specific occupation, including the rights and benefits conferred by such organisations, including the right to negotiate and conclude collective agreements, without prejudice to the national provisions on public policy and public security;

(c) back payments to be made by the employers, concerning any outstanding remuneration to the third-country national;

(d) branches of social security, as defined in Article 3 of Regulation (EC) No 883/2004: Provided that family benefits and unemployment benefits are excluded, without prejudice to the rights conferred by Regulation (EU) No 1231/2010; AS SEASONAL WORKERS [

(e) access to goods and services and the supply of goods and services made available to the public, except housing, without prejudice to the freedom of contract in accordance with Union and national law;

(f) advice services on seasonal work afforded for the purposes of long term employment by Jobsplus;

(g) education and vocational training: Provided that the application to education and vocational training shall be directly linked to the specific employment activity and excluding study and maintenance grants and loans or other grants and loans;

(h) recognition of diplomas, certificates and other professional qualifications in accordance with the Conditions of Entry and Residence of Third-Country

Nationals for the purpose of Highly Qualified Employment Regulations;

(i) tax benefits, in so far as the seasonal worker is deemed to be resident for tax purposes in Malta: Provided that tax benefits shall be limited to cases where the registered or usual place of residence of the family members of the seasonal worker, for whom he claims benefits, lies in the territory of Malta: Provided that seasonal 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, death and statutory pensions based on the seasonal worker’s previous employment and acquired in accordance with the Social Security Act under the same conditions and at the same rates as the nationals of Malta when they move to a third country.

(2) The right to equal treatment provided for in sub-regulation

(1) shall be without prejudice to the right of the Executive Chairperson or the authorities responsible for issuing the work permit, as the case may be, to withdraw or to refuse to extend or renew the authorisation for the purpose of seasonal work in accordance with regulations 8 and 14.