Right to Equal Treatment

All third-country nationals, who are legally residing and working in a Member State, shall enjoy a common set of rights based on equal treatment with the nationals of the host Member States.

The right to equal treatment is not only granted to those third-country nationals who have been admitted to a Member State based on employment but also to those who have been admitted for other purposes and have been given access to the labour market of that Member State.

Third-country nationals shall enjoy the right to equal treatment when it comes to:

• Working conditions, including pay, dismissal and health and safety at the place of work;
• Freedom of association, affiliation and membership of an organisation representing either workers, employers or any organisation whose members are engaged in a specific occupation;
• Educational and vocational training;Such equal treatment shall apply only to those third-country nationals who are in employment or were in employment and are registered unemployed in Malta.

This shall not include:

• Study and maintenance grants;
• Loans and other grants;
• Educational and vocational training shall be given to third-country nationals who have been admitted to Malta in accordance with Subsidiary Legislation 217.22;
• Recognition of diplomas, certification and other professional qualifications in accordance with Maltese legislation;
• Branches of social security (as defined in Regulation (EC) No. 883/2004);
• Tax benefits (if the worker is deemed to be a resident for tax purpose in the Member State concerned);
• Access and supply to goods and services made available to the public, excluding housing accommodation;
• Advice services provided by employment offices.

The right to equal treatment shall not prejudice the right of the Member State to withdraw or to refuse to renew the residence permit issued.