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The Labour Migration Policy (LMP)

  • Where can I find out more about the Labour Migration Policy?

    You can read more about the Labour Migration Policy and its recommendations here.

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  • What do I need to know about the vacancy requirement related to the LMP?

    The requirement to advertise the vacancy on the Jobsplus and EURES Portals applies for all new single permit applications (exemptions may apply). The vacancy must be advertised for at least 3 weeks in the 2 months preceding application.

    To learn more about how to advertise a vacancy you may click here

    It is important to note that all vacancies published on the Jobsplus website are AUTOMATICALLY transferred to the EURES Portal. 

    Following the vacancy closure, you need to provide feedback on applicants. If no suitable applicants have been found you may download the vacancy publication report to submit with your single permit application. 

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  • How can I download a vacancy publication report?

    This can be downloaded by logging into the employer dashboard. You can then click on generate vacancy publication report where recent vacancy publication reports are available for download. 

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  • What is the Labour Market Test?

    The Labour Market test takes into consideration the national situation in respect of surpluses or shortages in the given occupation and sector; the employer’s history and situation in terms inter alia of recruitment and redundancy patterns; business investments; and contractual commitments. The third country national’s skill level, relevant experience and overall suitability for the position in question are also taken into account. The test is carried out every month and is based on the previous 12 months. To pass the Labour Market Test employers need to be:

    • Fully compliant with the Persons with Disability (Employment) Act (Chapter 210 of the Laws of Malta), particularly the mandatory 2% quota for the employment of persons with disability. Non-compliance—whether through failure to engage the required proportion of persons with disability or failure to pay the applicable compensatory contributions—will result in the employer being classified as non-compliant.
    • Be compliant with provisions of the Employment and Training Services Act,  Chapter 594 of the Laws of Malta and the legal obligation of the employer to submit all employment forms (engagement or termination) within 4 working days.
      Have at least one employee who is a non EU national engaged with the business
    • Adhere with termination rates as set in the LMP
    • Compliance with the Workforce Application Limits. You can read more here

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  • Where can I find out my business’s preliminary labour market test results?

    You can find out the preliminary test results by logging into the Jobsplus website and navigating to your employer dashboard. The test results can be found under the employment licences tab. In the case of failure of the test, the reasons are listed here. 

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  • What is the Workforce Application Limit?

    Employers will be subject to a Workforce Application Limit, which sets a predefined cap on the annual growth of a company’s workforce through TCN recruitment. The evaluation compares the number of employees on record for the current month with the corresponding month in the previous year, to establish annual growth trends. The permissible annual workforce growth through TCN engagement is determined by the size of the company as follows:

    Micro Enterprises (1–9 employees): up to 200% annual workforce growth

    Small Enterprises (10–49 employees): up to 100% annual workforce growth

    Medium Enterprises (50–249 employees): up to 50% annual workforce growth

    Large Enterprises (250+ employees): up to 25% annual workforce growth

    When calculating the number of TCN employees granted permission to work during the applicable period, Jobsplus includes both those who have been issued a valid permit and those who have been recommended to Identità but have not yet collected their permit (i.e. still in process). If a company exceeds its quota, no additional TCN applications will be recommended for that month.

    The quota is then recalculated the following month and results are displayed in preliminary LMT test results.  For the scope of this calculation, companies belonging to the same group will have their Workforce Application Limit assessed on a collective basis for the entire group, unless a formal request for separate calculation is submitted to [email protected].

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