ACE challenges Government’s new labour rules for migrant workers

New rules introduced by the Government to bring a measure of control to a labour market characterised by large numbers of migrant workers have come in for criticism from the Association of Catering Establishments (ACE).

Earlier on Friday (today), ACE issued a statement welcoming the Government’s labour migration policy.

It also expressed concern that the proposed recommendations could create a dual reality in the local catering industry, potentially leading to discrimination against local operators.

Speaking to BusinessNow.mt, Omar Vella expanded on the last point: “Not all operators are Maltese; there are also foreign operators, such as Sicilians, who bring employees from Sicily. These workers are not regularised under Maltese law, which allows the operators to manage them without adhering to local regulations. This creates a risk of an uneven playing field in the industry.”

Additionally, in the statement, ACE welcomed the labour migration policy and stated that it was a much-needed framework to ensure the interests and wellbeing of non-EU nationals were properly protected by the state.

In this context, ACE welcomed recommendations such as the extension from one to two years of the renewal period for TCNs following the completion of one year of engagement. However, ACE expressed its reservations and concerns about other recommendations proposed in the policy published last Tuesday.

These recommendations, ACE argued, were not sensitive to the complex nature of the catering industry and the realities of a local and global sector subject to higher-than-average turnover.

ACE argued that the aims of the various measures proposed were unfair and unrealistic. Citing recent data from the Centre of Labour Studies at the University of Malta, which showed that TCN workers were concentrated in lower-skilled jobs and therefore prone to high turnover, ACE stated that the proposed retention rates were impractical. The association also criticised the proposed higher fees for first-time renewals as being equally unfair and unrealistic.

ACE further expressed hope that the recommendations would be addressed on a case-by-case basis rather than adopting a one-size-fits-all approach, given the diverse realities faced by different operators.

In view of the recommendations proposed, ACE also called for an urgent rethink and reconsideration of the current Skills Card format. A system which to date has had a negative impact on many operators in the industry.

Finally, ACE called for urgent consultations to ensure that the Labour Migration policy creates a fair balance between the interest of TCNs and the interests of local catering establishments.