Migrants and the challenge of decent work in Malta

Los migrantes y el desafío del trabajo decente en Malta

Manwel Debono

Senior Lecturer

University of Malta

manwel.debono@um.edu.mt 0000-0001-7634-8810

SUMMARY:

I. INTRODUCTION

II. THE MALTESE CONTEXT

III. TRENDS AND DISTRIBUTION OF MIGRANTS

IV. CHALLENGES OF LEGISLATION AND BUREAUCRACY

V. ATTITUDES TOWARDS MIGRANTS

A. Resistance to migrants and multiculturalism

B. Social partners’ changing mentality

VI. LABOUR MARKET CONDITIONS OF MIGRANTS

A. Barriers to accessing employment

B. High qualifications, underemployment, and lack of job mobility

C. Insufficient training opportunities

D. Higher at-risk-of-poverty rates despite long working hours

E. Greater health and safety risks, especially among those in undeclared work

F. Complex relationships with superiors, colleagues, and clients

G. Low unionisation

VII. CONCLUSION

Bibliography

I. INTRODUCTION  ^ 

Despite its central role in society, work has long been recognised as a potential “source of oppression”[1]. The International Labour Organisation (ILO) was founded in 1919 to set and promote international labour standards as a means of advancing social and economic justice. The concept of decent work became the formal objective of ILO in 1999 when the then Director-General presented a report to the International Labour Conference stating that “the primary goal of the ILO today is to promote opportunities for women and men to obtain decent and productive work, in conditions of freedom, equity, security and human dignity”[2]. The concept of decent work is multifaceted and includes a variety of elements relating to “full and productive employment, rights at work, social protection and the promotion of social dialogue”[3].

Migrants experience greater challenges than citizens in their quest for decent work. Such challenges may vary according to the situation in which work takes place. This paper investigates the work experiences of migrants in the specific context of the small country of Malta. An examination of existing literature will reveal common challenges shared by migrant workers in Malta and abroad, but also peculiarities of the working conditions of migrants in Malta.

This paper sets the Maltese context in which the migrants’ work experiences take shape. The exponential growth of migrant workers is examined. A brief look is given to the legislative framework that makes this possible, followed by a review of the attitudes of the Maltese population towards migrants. A number of important labour market challenges are then discussed. The paper concludes with some reflections on the effects of the Covid-19 pandemic on migrants in their quest for decent work.

II. THE MALTESE CONTEXT  ^ 

Malta is a small archipelago of islands in the middle of the Mediterranean Sea. With a surface area of 316 square kilometres and a population of around 450,000 persons, Malta is one of the most densely populated countries in the world. Lack of space is an important theme that affects the Maltese mentality in relation to migrants.

Due to its insularity, small size and scarce natural resources, Malta has traditionally been a country of emigration. At the time of Malta’s independence from the British Empire, the United Nations “recommended mass emigration as the only feasible solution for the long-economic development of Malta”[4]. Indeed, for a period of time, the state financially assisted the migration of Maltese citizens. However, the trend reversed and “since 1974, the country has welcomed more immigrants than it has sent off to other countries”[5]. The rate of incoming migration accelerated over the last two decades. Joining the European Union in 2004 “sent strong signals of stability”[6] and facilitated the movement of workers from Europe to Malta. Another boost to inward migration took place after Malta’s quick and strong emergence from the international recession of 2008[7]. The country’s economy expanded at a fast rate, averaging an annual real GDP growth of 6.5% between 2015 and 2019[8].

The limiting factor of human resources for the Maltese economy has never been felt more acutely than over the last decade, when the services sector grew at a rapid rate, fuelled by government policies that attracted foreign direct investment. A study carried out in 2017 indicated that more than 30% of companies in Malta had labour shortages constraining their business, with the most striking difficulties in services subsectors such as healthcare, finance and ICT[9].

Employers’ associations were particularly vociferous about the insufficient labour supply. Two main reasons contributed to the high unfulfilled demand of labour, namely the skills gap and the limitation of local supply[10]. The growth in skills and qualifications among the Maltese population not did not keep up with the ever increasing demand for specialised skills. Despite substantial improvements over the last years, Malta still has a high early school leaving rate and relatively low qualification levels among the general population[11]. The second reason for unfulfilled demand of labour was that the Maltese population is small in size and the country has been more or less in full-employment in recent years. Admittedly, Malta traditionally had a very high female inactivity rate, but this has been shrinking steadily. Besides, the government also embarked on policies promoting active aging in a bid to increase the local labour supply.

Labour became so scarce that the public sector was accused of “draining human resources from the private sector”[12]. On the other hand, government institutions started losing high skilled and experienced personnel to the better paying private sector, thus jeopardising their operations[13]. During the last years preceding the pandemic, the country “reached a situation where any major new investment starting operations in Malta... [had to] seriously consider its recruitment strategy”, which could include poaching from other employers in Malta or recruiting workers from abroad[14].

In view of this ever increasing challenge of labour shortage, the new Labour government in 2013 embarked on a strategy to promote and facilitate inward migration. The influx of foreign workers “has been instrumental in mitigating labour market shortages thereby enabling strong expansion in firms’ activities”[15]. Through government strategy, not only were skill shortages at the top end of the labour market alleviated, thus assisting the expansion of new high value sectors of employment such as online gaming and aviation services, but there was also a counterbalance in the shortage of Maltese willing to work in industries such as construction and tourism[16].

III. TRENDS AND DISTRIBUTION OF MIGRANTS  ^ 

Since 2013, Malta witnessed an extraordinary growth of migrant workers. Indeed, by 2019, the country had by far the highest immigration rate in the EU[17]. In line with the government’s drive and the preferences of the private sector, the ever increasing annual growth rate of foreign workers was principally fuelled by EU citizens[18]. But this was not enough to satisfy the increasing need of human resources, and so, more and more migrants from outside the EU (known as Third Country Nationals, TCNs) started to be attracted to work in this country too. As can be seen from Figure 1, while the slope of EU nationals working in Malta between 2010 and 2020 started to ease in recent years, there was an inverse trend among TCNs.

By the end of 2020, there were 70,402 foreign nationals working legally in Malta, from around 10,687 in 2010[19]. Foreigners represented around 6% of the working population in this country in 2010, when compared to about 27% in 2020. Out of these foreign workers, 43% were EU migrants, 1% migrated from the European Free Trade Association (EFTA) countries, while 55% were TCNs (who migrated from countries outside the EU and EFTA)[20]. The percentage of TCNs was boosted in 2020 due to the reclassification of UK migrants from EU nationals to TCNs.

Most migrant workers (64%) originated from Europe, 27% from Asia, 6% from Africa, and only 2% from the Americas[21]. The most common nationality of migrants is Italian, followed by Filipino, British and Indian. Out of all EU migrants, 59% are male while 41% female. On the other hand, out of all TCNs, 65% are males and 35% females. The large majority of migrant workers (92%) are in full-time employment, while 8% work part-time. The percentage of full-time employment rises to 95% among TCNs. The length of stay of foreign workers in the Maltese labour market tends to be short. Indeed, between in 2017, the average length of stay of foreign workers in Malta was 3.5 years[22]. Whereas 25% of foreigners exited the Maltese labour market within the same year, 45% exited after 1 to 2 years, while only 30% remained for more than 6 years[23].

Foreign workers are heterogeneous in terms of their occupational profile and their working conditions. They often work at either the higher end of the labour market where there are insufficient skills, or at the lower end where jobs are not attractive to Maltese workers[24]. This division is frequently reflected in the nationality of migrants. EU migrants tend to occupy high skilled jobs for which there are insufficient trained Maltese people. Indeed, while the largest group of EU migrants works as clerks and support workers (21%), there are also large groups of EU migrants working as professionals (17%), technicians (15%) and managers (13%). On the other hand, non-EU nationals are more likely to occupy lower level jobs. The largest group of TCNs work in elementary occupations (29%), followed by services and sales workers (21%). Few work in managerial (6%), professional (10%), or technical occupations (9%)[25].

There also exists an interesting link between country of origin and type of job or sector in which migrants work. For example, Filipinos and Indians often work as care givers, British and Polish in online betting companies, Bulgarian or Serbians are often found in construction, Eritrean or Somalis often work in waste sector, and Italians in restaurants[26]. Such situation is reflected in and perpetuated by “an underlying assumption that migrants’ capabilities are limited to certain jobs”[27].

IV. CHALLENGES OF LEGISLATION AND BUREAUCRACY  ^ 

Migrants’ working conditions are greatly affected by the country’s laws and their enforcement. Malta’s EU accession process and its subsequent membership in 2004 has visibly shaped the country’s legal framework. Indeed, “European Union standards are a key element of, and influence on Malta’s migration and integration law, policies and practices”[28]. “Malta has a strong equality law framework that prohibits direct and indirect discrimination, as well as harassment and victimisation”[29]. And it is beyond doubt that the improvement of such legal framework has been helpful in reducing discrimination against migrants. For example, the Equal Treatment in Employment Regulations enacted in 2004, requires that all workers receive the same treatment and are not discriminated against on the basis of several criteria including race. While there was considerable opposition to this law from Maltese people who opposed the idea of receiving similar wages as foreigners, eventually it served to reduce the wage gap between Maltese and foreigners[30].

Nevertheless, “migrant workers continue to face discrimination both in accessing employment and within employment”[31]. The rift between laws and practice contributes to this. The Maltese government has been accused, especially in recent years, over lack of enforcement in various spheres such as financial services, construction, occupational health and safety, and the environment. Agencies responsible for enforcing employment law tend to be under-resourced. It has been noted that “most racist comments made on-line, including comments to news articles, go unpunished”[32].

I would also like to highlight a different challenge faced by TCNs in relation to Malta’s laws. While EU migrants in Malta benefit from the principle of “freedom of movement” which greatly facilitates the mobility of workforce from one EU country to another, TCNs are treated differently. Andrew Cauchi compellingly argues that the Maltese legal framework does not give TCNs equal treatment to Maltese nationals as a general rule, but limits equality to areas as specified by law[33]. It appears that this state of affairs was developed purposefully in line with the government’s aim to maintain a demand-driven immigration system that only accepts TCNs if the country requires them. In such pursuit, the Maltese “legislator was extra cautious and sought to restrict TCN’s access to employment as much as possible”[34]. Based on a restrictive and protectionist rationale, the “Maltese labour immigration law imposes numerous obstacles and barriers to labour immigration of third-country nationals which consequently hamper and restrict both their admission and stay in Malta”[35]. For example, Maltese legislation puts TCNs at the mercy of their employers, since they face deportation if they lose their job and do not find another one within 10 days[36].

The challenges created by Malta’s migration law are compounded by an administrative system that has been accused of suffocating TCNs by upholding “opaque, dilatory and discretionary procedures for obtaining and renewing work permits and for recognising TCNs’ qualifications”[37]. The institutional difficulties experienced by TCNs increasingly affected employers when the migration inflow from the EU became insufficient to meet their growth needs. This prompted the Malta Employers’ Association to publish a position paper recommending the facilitation of administrative processes in the employment of TCNs[38].

V. ATTITUDES TOWARDS MIGRANTS  ^ 

Due to its particular geographic location, Malta has historically been at the intersection of different cultures and civilizations. The complexion of the Maltese population and their culture, including their language and even their names, reflect a rich heritage of influences especially from Europe and North Africa. Despite such exposure, the Maltese have a surprisingly homogenous identity that has shown to be quite aversive to foreigners and multiculturalism. “There is a fear of invasion that plagues the Maltese historical memory”[39]. Besides, the islanders’ identification as Christian Europeans created negative stigmas towards Africans that have existed for centuries[40]. Apprehension towards foreign people and cultures endures, despite the fact that the country relies heavily on tourism and many Maltese regularly interact with foreigners.

A. Resistance to migrants and multiculturalism  ^ 

During the first decade of this millennium, the topic of migration in Malta was mainly mentioned in national and international media in view of the high influx of asylum seekers and refugees arriving by boat from North Africa[41]. The numbers of such irregular immigrants were high enough to strain the country’s asylum system and detention centres, and contributed to social tension between the Maltese and the migrant communities. “The public reaction to the arrival of migrants has been increasingly negative, with xenophobic discourse all too often taking the mainstream stage”[42]. This attitude was reflected in and amplified by political discourse. As recent as 2020, the Maltese Prime Minister declared that Malta was “full up” for irregular migrants[43]. Over the past years, the government has consistently tried to stop such arrival of irregular migrants, and relocate those who arrive in Malta to other countries.

While the arrivals of irregular migrants fluctuated over the past twenty years, the number of regular migrants grew exponentially, bringing with them a variety of cultures[44]. Despite the changing reality on the ground, the country’s transition to a multicultural society appears to be slow and difficult. The Maltese population’s negative attitudes towards migrants have been well documented. The majority of respondents (63%) in a Eurobarometer survey published in 2017 believe that immigration from outside the EU is more of a problem than an opportunity for Malta[45]. If one delves deeper into such attitudes towards migrants, one realizes that they tend to be “selective and utilitarian, with most respondents viewing foreigners either as a source of investment especially in property, or as an invisible army of labour which takes those jobs which are not wanted by Maltese”[46]. Thus, 84% of the Eurobarometer’s survey respondents believe that migrants “help to fill jobs for which it’s hard to find workers”[47]. At the same time, surveys commonly find that the Maltese believe that migrants take jobs away from nationals[48]. Social partners have criticized such perceptions[49]. According to the Malta Employers’ Association, “in the vast majority of cases, labour shortages abound in areas where there are no Maltese job seekers”[50]. Opinions towards TCNs appear to be worse than those towards EU migrants. In line with the utilitarian perspective mentioned earlier, Maltese people distinguish “between asylum seekers and richer foreigners”[51].

Surveys carried out over the last decade point out that the Maltese population hardly appreciates the cultures that foreigners bring with them. Only 28% of the respondents of a recent Eurobarometer believe that immigrants enrich Malta’s cultural life[52]. In another survey carried out by the United Nations High Commissioner for Refugees, the majority (57.6%) of 400 Maltese respondents disagree that “a mixture of different lifestyles and cultures such as those brought about by refugees and migrants makes Malta a more attractive place to live”[53]. Besides, most respondents (58%) think that “people coming to Malta should change their ways to be more like other Maltese citizens”[54].

There is a common feeling among the population that Malta is too small to accommodate and cater for migrants[55]. Back in 2012, about half of a group of surveyed respondents already believed that that they were too many migrants and refugees arriving in their locality[56]. The earlier-mentioned “full-up” comment by the Prime Minister echoes this sentiment. In line with this perception, many Maltese people believe that migrants burden the country’s welfare system and worsen crime problems[57].

B. Social partners’ changing mentality  ^ 

Maltese employers traditionally tended to share the population’s negative sentiments against migrants[58]. In the past, employers would not employ irregular migrants, especially in jobs in contact with clients, in order not to attract bad publicity to their organisation[59]. Such practices contributed to confine migrants to jobs that were dirty, dangerous and degrading, in specific industries such as construction, waste removal, and cleaning. “Lack of awareness and training in managing diversity” might have also influenced employers to “adopt practices and policies which make it more difficult for workers from diverse countries to integrate into the workforce[60]. However, a utilitarian logic encouraged employers to start undergoing a change in mentality that is more open to accepting migrant workers, even irregular ones[61]. Employers’ associations such as the Malta Employers’ Association have been instrumental in pushing forward the idea that migrants should be considered as an “opportunity to help tackle labour shortages, rather than a social problem”[62].

Until a few years ago, trade unions tended to be reluctant to assist in the integration of migrants. Over the last two decades, there have been some prominent instances of union leaders airing their views against migrants[63]. Besides, for a period of time, “when speaking against racism, Maltese unions tend[ed] to be most vocal about the fact that refugees’ lower wages are undercutting the Maltese worker”[64]. But the general attitudes of unions appear to have developed considerably in recent years and there is now a growing push to improve the working conditions of migrants. Despite the challenges that trade unions experience to represent the interests of migrant workers, unions are focusing more on outreach initiatives to improve the integration and promote the equal treatment of such workers[65].

VI. LABOUR MARKET CONDITIONS OF MIGRANTS  ^ 

After having examined the social context in which migrants work, this section discusses some research findings relating to their working conditions, highlighting a number of challenges they face in achieving decent work.

A. Barriers to accessing employment  ^ 

Migrants in general encounter greater difficulties to access Malta’s labour market than nationals. Migrants’ access to employment is often hindered by their lack of social capital, a challenge that is magnified due to the small size of most companies in Malta “which often recruit informally without going through official channels”[66]. A recent survey confirmed that the preferred manner of recruitment by employers in Malta is still by word of mouth[67].

While EU migrants might suffer from lack of social capital, at least they are not legally disadvantaged like TCNs. It has been argued that the barriers imposed by Malta’s labour immigration law to block TCNs from coming to Malta when they are not needed, also makes it very difficult for them to be admitted when they are needed[68]. Just to mention one barrier, for TCNs to migrate for work to Malta, they first need to have secured a job offer, something which is very difficult when they are unable to meet physically their potential employers[69]. One should here note that Maltese law tends to provide highly qualified TCNs with privileged treatment[70].

Surveys among TCNs also commonly report their inability to find employment due to discrimination not only on the basis of their ethnicity and nationality, but also on the basis of other aspects such as age and religion[71]. Some migrants such as Sub-Saharan African females have low participation rates in the labour market due to gendered obstacles including accessible childcare support[72]. Female asylum seekers also experience other obstacles to access employment such as lack of local work experience, language barriers, lack of job interview skills, lack of local references, lack of qualifications, or problems with the recognition of their foreign qualifications[73].

In a survey carried out in 2012, about 80% of Maltese respondents admitted that refugees and migrants are not treated fairly when looking for jobs[74]. On the other hand, a Eurobarometer survey published in 2015 reported that about half (48%) of the respondents believed that during recruitment processes in Malta, the candidates’ skin colour or ethnic origin may put them at a disadvantage[75]. The situation might be improving, at least with regards to public perceptions, as a lower 29% of the respondents in a 2019 Eurobarometer believed that the candidates’ ethnic origin may put them at a disadvantage, while 36% believed skin colour may put candidates at a disadvantage [76].

Language barriers are regularly mentioned by employers as a major challenge when recruiting foreign workers, especially low-skilled ones[77]. Insufficient communication skills may be a major reason for employers to shy away from recruiting irregular migrants[78]. Some interesting nuances were revealed in a qualitative study carried out in the health care sector. Foreign nurses’ ability to speak English was sometimes insufficient to work with patients, especially elderly ones who only spoke Maltese[79]. “To address this problem, hospital management tried to balance the teams of nurses on different shifts. This has created more workload for Maltese nurses and managers, resulting though in favourable outcomes”[80].

B. High qualifications, underemployment, and lack of job mobility  ^ 

In general, migrants have a higher level of education than the Maltese population[81]. Indeed, the proportion of migrants (18-64 years old) with a tertiary level of education is nearly double that of the Maltese (42.7% and 24.6% respectively)[82]. This situation derives from both the relatively low qualification levels of the Maltese population, as well as the country’s policies and laws that favour the attraction of the more highly qualified foreign workers[83]. As among the Maltese population, female migrants have a higher level of education than their male counterparts. EU27 migrants are on their part considerably more qualified than non-EU27 migrants.

An ad-hoc module on migration and the labour market forming part of a 2014 Labour Force Survey indicated that about a fourth (25.4%) of the total employed migrants in Malta felt overqualified for their work, when compared to a considerably lower 19% of the Maltese[84]. The situation might be considerably worse among TCNs. A survey among 317 Filipino workers revealed that while most of them had post-secondary or tertiary qualifications, they often had low skilled jobs[85]. Besides, 40% of the Filipino respondents stated that they worked below their skill levels when compared to about 21.8% of the Maltese[86]. A study among 91 female asylum seekers similarly found that they are “moderately dissatisfied with the opportunities their jobs offered to use their skills”[87]. Institutional barriers in having their foreign qualification recognised are a major factor leading foreign workers to underemployment[88].

As has been discussed earlier, most foreign workers tend to remain in Malta for short periods of time. During such time, “very few foreign workers ever change their job or improve their employment occupation”[89]. The short stay of foreigners might discourage employers from investing in their training. It has been argued that migrants at the lower levels of the labour market “often face a glass ceiling, finding it virtually impossible to move up from the ‘dirty, dangerous and degrading’ job levels despite their skills and experience”[90]. There is also some indication of the difficulties of career progression among migrants in specific professions. For example, in a qualitative study carried out in the health sector, migrant nurses contended that “they have less opportunity to advance in their career” than their Maltese counterparts[91].

C. Insufficient training opportunities  ^ 

Adult foreigners living in Malta are less likely to take part in education and training than the Maltese population (11.2% and 17.3% respectively)[92]. Between 2011 and 2020, EU27 migrants were slightly more likely to have accessed education and training than non-EU27 migrants in Malta[93]. Besides, as in the case of Maltese citizens, female foreigners living in Malta are more likely to take part in education and training than their male counterparts[94].

These general findings are reflected in other studies carried out with particular groups of migrants. For example, in study among 101 TCNs, 60% of the respondents did not attend any training on employment conditions over the previous five years[95]. On the other hand, while Filipino workers were found to be less likely to receive on-the-job training or training paid for or provided by their employer when compared to nationals, they were more likely to have engaged in training paid for by themselves[96]. The latter findings indicate that low levels of training may (at least sometimes) not depend on the migrants’ motivation but on the barriers they encounter. Indeed, other research shows that a significant number of TCNs would like to have more training opportunities[97]. Most migrants are employed in the private sector which traditionally is less likely to facilitate employee training than the public sector. The small size of the majority of companies in Malta reduces their ability to afford training[98]. Besides, the short stay of foreign workers in Malta also acts as a disincentive for employers to invest in their training.

D. Higher at-risk-of-poverty rates despite long working hours  ^ 

As stated earlier, migrants in Malta are often at the extremes of the labour market. Thus, the highly qualified (often EU migrants) who work in high-tech and high value-added sectors such as iGaming, ICT, and financial services tend to earn higher than average wages. However, these are a minority when compared to the migrants at the other end of the scale who are more likely to be TCNs.

Migrant workers in Malta are much more at risk of poverty than Maltese workers (14.5% and 6% respectively)[99]. Besides, while the rate of Maltese workers at risk of poverty remained largely unchanged between 2011 and 2019, this nearly doubled among foreigners over the same period. Male foreign workers are considerably more at risk of poverty than their female counterparts[100]. This finding is related to the earlier-mentioned gender difference in qualifications. Besides, TCN are much more at risk of poverty than EU migrants[101]. In a study commissioned by the Department of Industrial and Employment Relations, about three fourths of a sample of TCNs observed that their wage is lower than that paid to their Maltese counterparts[102]. When asked what they would like to have more at their workplace, nearly all respondents (94.7%) said “a better wage”. At the same time, they seemed to be aware of the improbability of this, as over half of the respondents believed lower wages/leave were the main reason why Maltese employers employed TCNs[103].

While the unfairness of and dissatisfaction with wages is commonly reported among migrants in Malta[104], this appears not to be always the case, even among the lower paid groups of TCNs. For example, only 18.5% of surveyed Filipino workers believed that they were paid inappropriately for their work considering their efforts and achievements, a lower percentage than that among Maltese nationals[105]. The reasons for this finding are unclear; they could be related to the respondents’ culture, to their lack of awareness of the conditions of Maltese workers, or/and to the fact that their income was still much higher than what they would have been able to earn back in their country.

Migrants are at greater risk of poverty despite often working long hours[106]. Their extended hours of work might at times be due to their own choice, in order to make as much money as possible during their limited stay in Malta. Indeed, in a study among TCNs, “when asked their reasons for working (other than earning money), most of the TCNs (85.3%) responded that their only reason for working was to make money”[107]. However, migrants might also be obliged by their employer to work long hours. Only 61% of TCNs were found to utilise vacation leave, as in many cases, employers simply did not give respondents such leave[108]. Some types of employment relations that are common among migrant workers, by their very nature, make it harder for workers to detach themselves from work and enjoy their free time. For example, in a qualitative study among Filipinas working as live-in care workers, interviewees spoke about their difficulty in separating their work from their personal life[109]. “Psychological obligations” might make them feel guilty taking a day off and leave their client unattended[110].

E. Greater health and safety risks, especially among those in undeclared work  ^ 

According to the country’s Occupational Health and Safety Authority (OHSA) CEO, “in Malta, 22% of all fatal accidents and 37% of all construction fatalities involve foreign workers”[111]. A sharp increase has been observed between 2014 and 2018 in accidents involving foreigners, especially non-EU nationals[112]. While accidents involving nationals and EU nationals mostly occur in the manufacturing and retail trade industry, accidents involving TCNs tend to be in the construction sector[113]. According to the OHSA CEO, “the main risks emanate from a lack of training and supervision. Foreign workers are often assigned tasks which are beyond their abilities and competences, and which are often compounded by a lack of suitable communication skills”[114]. The CEO also stated that “such workers are not aware of their rights (let alone their responsibilities) so that it is often difficult for them to approach the state agencies which are empowered to help them”[115]. In a study focusing on the living conditions and access to healthcare of asylum seekers or undocumented migrants living outside detention or open centres, “45% of the workers interviewed believed their work could adversely affect their health or put them at risk of an accident in the workplace”[116]. Similarly, in another quantitative study among Filipino workers, nearly half of the respondents felt that their health or safety was at risk because of their work[117].

A number of factors, including the cumbersome government system to employ TCNs[118], may be may be forcing migrant workers into the informal economy. Such work results in higher levels of exploitation and discrimination, including greater health and safety risks, wages below the national minimum wage, and lack of other basic rights granted by law such as leave, sick leave, and notice periods[119]. Certain industries such as construction and hospitality appear to be particularly prone to attract migrants in the informal economy.

Despite the fact that the phenomenon of informal work exists among all groups of migrant workers, employment precariousness in Malta has become synonymous with irregular migrants from Sub-Saharan Africa who are over-represented in the informal economy, especially in casual employment. “Many migrants have found that the most effective way of finding work is by waiting on the side of a roundabout in the hope of being picked up for one off jobs… However, this practice creates an environment which is highly conducive to exploitation, and stories have been recounted of people being refused payment outright, or being given extremely low pay for long hours or work”[120]. One should note that Jobsplus, Malta’s public employment services organisation, set up a Job Brokerage Office in 2017 with the objective of tackling this specific phenomenon. “The service facilitates short-term employment placements between employers and interested migrants”[121]. The service has been used by many migrants and there are success stories of migrants making use of such service who are eventually offered full-time employment[122]. But it is far off from eliminating the phenomenon of Sub-Saharans in informal casual work.

F. Complex relationships with superiors, colleagues, and clients  ^ 

Some evidence from quantitative surveys indicates that migrant workers in Malta might be generally satisfied with their relationship with their superiors and colleagues at work. But a minority experience difficulties. In the previously mentioned quantitative study among Filipino migrants, a third of the respondents claimed not to be treated fairly at work[123]. Similarly, 30% received insufficient help and support from managers and/or colleagues[124]. On the other hand, a survey published by the EU Agency for Fundamental Rights found that 27% of the sampled African workers suffered from unfair treatment at their workplace on the basis of their ethnicity/immigrant background[125]. The Department of Industrial and Employment Relations reported more positive findings among its sample of TCNs, as only 5.3% stated that they did not usually find assistance from other work colleagues, while 12.7% reported not feeling part of the team at their workplace[126]. Discrimination based on skin colour may be more common than that based on ethnic origin[127]. For example, a qualitative study involving nurses and nursing managers found that patients were mainly discriminatory towards non-white nurses[128].

Workplace relationships between migrants and Maltese workers are complex. Despite the above-mentioned unfairness and discrimination, sometimes even among different groups of migrants themselves[129], it also appears that “many migrant workers integrate well with their colleagues and friends. Indeed such evidence highlights employment as a key way in which migrants integrate into Maltese society”[130]. The longer time they had to build relations with employers and co-workers has been offered as a reason why older Filipino workers tended to have better work outcomes including fairer treatment and less discrimination than younger ones[131]. The European Network Against Racism aptly described this type of situation through the words of a migrant who said that “when I started my job I felt that my Maltese workmates were quite racist and were not friendly with me. But as time passed things improved a lot and now we became friends and they treat me with respect. However, whenever a new migrant starts working with us [,] my Maltese workmates would still have a hostile attitude towards him”[132].

G. Low unionisation  ^ 

There are no representative statistics on the level of unionisation among migrant workers, though the perception is that this is very low. A study carried out among 101 TCNs found that 98.9% of the respondents were not in a trade union, and 77.4% did not have a collective agreement with recognised trade unions[133]. While only a third (30.9%) of the same group of respondents stated that they wish to become a member in a trade union, a much larger 59.6% stated not to have a desire to do so, and another 9.6% were unsure[134].

Godfrey Baldacchino provides a pertinent summary of the main barriers that prevent migrants from becoming unionised. First of all, they tend to work in either the top or the bottom locations of the labour market hierarchy “the two labour market segments that are least disposed towards trade union consciousness and affiliation”[135]. They tend to work in the private sector, which in general is much less unionised than the public sector. Workers at the higher locations of the labour market (e.g. in iGaming) tend to prefer to engage in direct bargaining with their employers, while those at the lower levels of the labour market (e.g. in construction, catering, and personal care) feel unable to refute what the employer offers due to their lack of options[136]. This is especially so if their work is undeclared. As migrants often exit quickly the Maltese labour market, they may not have integrated in this society enough to appreciate the role of trade unions[137].

VII. CONCLUSION  ^ 

This paper documented the increasingly popular utilitarian logic of accepting migrants for their contribution to the economy. However, it has also shown that such acceptance does not necessarily translate into providing migrant workers with decent work and integrating them respectfully in workplaces and in society. A MediaToday survey found that less than half of the Maltese respondents were clearly in favour of the government promoting “a process of dialogue to help foreign communities participate and contribute to Maltese society”[138]. In view of all this, it comes as no surprise that the Maltese have developed a reputation to be resistant to integrating both EU and TCN migrants[139].

While this paper focused on the challenges faced by migrant workers, it is important to note that strides in the right direction have been made by government, social partners and civil society to improve the employment and living situation of migrants. Malta scored average on the recent Migrant Integration Policy Index (MIPEX), but the latter noted the progress made by the country and praised the major improvements in migrants’ integration between 2014 and 2019[140]. MIPEX stated that Malta “started to address its main weakness on equal opportunities and security for immigrants across different areas of life, from the labour market to education and political participation”[141].

Unfortunately, the pandemic has hit hard the lives of migrant workers, especially TCNs. Robert Reich, an American politician and academic proposed the emergence of four “classes” of people during the pandemic, including “the forgotten” who were more exposed to the virus and did not get what they required to deal with the crisis due to the marginalised space they occupy in society[142]. Many migrants in Malta, especially TCNs fall in this category[143]. As an example, one can mention the exploitative and potentially illegal working situation of hundreds of migrants in the courier industry, which grew exponentially during the pandemic. It has been reported that not only do the “couriers start their journey in considerable debt, paying up to €7,000 for the fleet agencies to get them a work permit in Malta”[144], but “almost all workers, are working up to 80 hours to earn just 50% of the expected monthly salary”[145].

Migrants, especially those working in undeclared jobs and on zero-hours contracts were the first to be made redundant during the pandemic. Those who lost their job hardly found any institutional support at all. In the first months of the pandemic, a minister notoriously stated in Parliament that foreigners who lose their jobs would risk deportation if they do not return to their home country immediately. After all, he said, “charity begins at home”[146]. Indeed, government’s pandemic measures were biased against migrants. For example, organisations which terminated the employment of employees were barred from offering such employment to TCNs. Several thousands of migrants were assisted by government to return to their countries of origin, while many others returned on their own. Interestingly enough, despite such mass exodus, the number of foreign workers in Malta in 2020 remained roughly the same as in the previous year. Government confirmed that this was due to the fact that most of those who left the country were working illegally and did not feature in statistics[147].

In summary, the pandemic increased the vulnerability of migrants, especially TCNs, and reversed some of the progress that had been accomplished in recent years, in particular in terms of social attitudes. Back in 2016, it was claimed that “political discourse, social tensions and the government’s slow response addressing the needs of increasingly diverse constituency have proven that Malta is still an island in transition”[148]. Such picture still remains an apt reflection of the situation in Malta in 2021.

This paper highlighted some important work-related challenges faced by groups of migrants within the particular context of Malta. It showed the complexity of their experiences, varying among others, according to their country of origin. It is hoped that the discussion within this paper informs and sensitizes policy makers and other stake holders who may influence the experiences of migrant workers in Malta and in other countries. It is also hoped that this paper encourages further research into the field of migrants and decent work.

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