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S.L. 217.14 · Minimum Standards On Sanctions And (S.L. 217.14)

S.L. 217.14 ст. 2Interpretation. Cap. 217. Cap. 452. [

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In these regulations, unless the context otherwise requires:

"the Act" means the Immigration Act; "employer" means any natural person or any legal entity, including temporary work agencies, for or under the direction and, or supervision of whom the employment is undertaken;

"employment" means the exercise of activities covering whatever form of labour or work regulated under Maltese law or in accordance with established practice for or under the direction and, or supervision of an employer; "illegal employment", for the purposes of these regulations, means the employment of an illegally staying third-country national;

"illegally staying third-country national" means a third-country national present in Malta, who does not fulfil, or no longer fulfils, the conditions for stay or residence in Malta; "legal person" means any legal entity having such status under applicable Maltese law, except for States or public bodies exercising State authority and for public international organisations;

"Minister" means the Minister responsible for immigration; "national minimum wage" means the wage published by means of a national minimum wage national standard order under the Employment and Industrial Relations Act;

"particularly exploitative working conditions" means working conditions, including those resulting from gender based or other S.L.217.14 OF ILLEGALLY STAYING THIRD-COUNTRY NATIONALS

discrimination, where there is a striking disproportion compared with the terms of employment of legally employed workers which, for example, affects workers’ health and safety, and which offends human dignity; "remuneration of illegally staying third-country national" means the wage or salary and any other consideration, whether in cash or in kind, which a worker receives directly or indirectly in respect of his employment from his employer and which is equivalent to that which would have been enjoyed by comparable workers in a legal employment relationship; "temporary work agency" means any natural or legal person who, in compliance with Maltese law, concludes contracts of employment or employment relationships with temporary agency workers in order to assign them to user undertakings to work there temporarily under their supervision and direction; "third-country national" means any person who is not a citizen of the Union within the meaning of Article 20(1) of the Treaty and who is not a person enjoying the Community right of free movement, as defined in Article 2(5) of Regulation (EC) No. 562/ 2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code); "Treaty" means the Treaty on the Functioning of the European Union.