The processing of the applications of the foreign workers who were expected to join Leisure Clothing is currently on hold, until the court case is concluded and a final verdict issued, informed sources close to the government have told this newsroom.

Earlier this week, The Malta Independent ran a story stating that 12 North Korean workers were expected to join Leisure Clothing while a spokesman for the company said that clearance was "imminent". However, this newsroom is informed that the process tied to the 12 Korean workers' applications is on hold, along with any other applications of other foreign workers who may have been aiming to join Leisure Clothing.

Two Leisure Clothing directors are currently facing charges of human trafficking for exploitation purposes and breaching Malta's labour laws.

'We might as well shut our factory doors tomorrow' without new foreign workers

A spokesperson for Leisure Clothing has said that if foreign workers are prevented from joining the company until the court case is heard, "we might as well close our factory doors tomorrow, since if the company is denied enhancing its workforce - even if it is for a short period - this could jeopardise the company's operations."

The majority of workers at Leisure Clothing are Asians. The company has a quota of five foreign nationals against one Maltese worker.

GWU chief says foreign workers at Leisure Clothing excluded from collective agreement

General Workers' Union chief, Tony Zarb, has said that a signed collective agreement at Leisure Clothing covers Maltese workers exclusively. Mr Zarb was asked by this newsroom to give a reason why a copy of a collective agreement between the GWU and Leisure Clothing - which this newsroom has in hand - specifically states that the agreement does not apply to expatriates.

The GWU, in the case of Leisure Clothing, is the sole bargaining agency of and on behalf of all employees as defined in an article which forms part of the agreement. However, despite this clause, expatriates are excluded, as stated by a special provision in the agreement.

The special provision states: 'It is being agreed that this agreement does not apply to expatriate employees, but so far as the allocation of overtime is concerned, it is being agreed that overtime will be fairly distributed.'

When asked why Asian workers are not covered, Mr Zarb replied that Asian workers come over to Malta to work for Leisure Clothing with a contract in hand, which stipulates different conditions to those of local workers, which in turn, don't necessarily reflect Malta's stipulated labour-related conditions.

But the first question which springs to mind is whether 'foreign-made' contracts of foreign workers should be considered null and void, since if a person is working in Malta, one would think that he or she would be doing so under Maltese labour and/or industrial relations-legislation.

 

Clause precluding foreigners from collective agreements 'discriminatory and illegal' - DEIR

This newsroom sent questions to the Department of Employment and Industrial Relations, asking whether it is common practice for a foreign worker to fall under a contract that does not reflect Malta's employment legislation. This newsroom also asked whether it is the norm for expatriates to be left out of a collective agreement.

According to a Department spokesperson, "The law that regulates employment in Malta applies to all employees working in Malta, irrespective of their nationality. Every employee has a right to join any union and any clause in any document prohibiting their joining or leaving a union would be discriminatory and hence, illegal.

"Any contract entered into between an employer and an employee who fall under Maltese law, has to conform to Maltese law and it is always preferable for such a written contract to be handed to the would-be employee prior to the commencement of employment. Whether this happens abroad or in Malta is irrelevant, as long as the contract complies with Maltese law.

"A collective agreement stipulates the employment conditions of a category or categories of workers concerned, as agreed between the union - recognised as the collective bargaining agent for the respective category or categories - and the employer. Any queries related to why a category of employees is not covered by a collective agreement should be referred to the signatories of that particular collective agreement."

But according to legal sources, asked whether a non-EU national can work in Malta with a contract that stipulates conditions of his or her country of origin (which differ from Maltese labour laws), it is left to the Maltese authorities' discretion to accept or reject the conditions stipulated in a 'foreign-made' contract and in doing so, determine whether a work permit is issued to a non-EU country national.