Commission Urges Malta to Abolish ‘Employment License’ Requirement for Long-Term Residents

Long-term residents in Malta may soon be able to work in the country, without obtaining an ‘employment license’ if Maltese authorities decide to take seriously a warning of the EU Commission to remove the requirement.

In its regular package of infringement decisions, the European Commission has decided to start an infringement procedure against Malta, as the latter has failed to fulfil its obligations under the Long-Term Residence Directive (2003/109/EC).

The Commission has sent a letter of formal notice to the Maltese authorities detailing the case, pointing out the aforementioned Directive establishes, in Article 11(1), its long-term residents are entitled to enjoy equal treatment regarding access to employment, including conditions of employment and working conditions. Which the letter of formal notice states, Malta does not comply with.  

“Maltese legislation requires non-EU nationals who are long-term residents in Malta to have an ‘employment license’, which is obtained following an application by the employer addressed to the Employment Licenses Unit and has a validity of one year (renewable). Without this license, long-term residents cannot be employed,” reads a report on the key reports of the EU Commission’s July infringements package.

The report further notes that since Maltese citizenship holders do not need to apply and obtain for such licenses in order to get employed in Malta, it is unequal to ask non-EU long-term residents to obtain such licenses.

The Commission thus rules, that Malta’s requirement towards these residents to obtain ‘employment licenses’ constitutes an infringement of Article 11(1)(a) of the Directive

The Commission has set a time frame of three months for Malta to be able to respond to the letter of formal notice.

The infringement package also includes procedures toward ten EU Member States for violating EU law on passenger rights by offering airline vouchers instead of refunds during the COVID-19 pandemic, including Italy.