The Maltese government will regulate temping agencies starting next year, reports the Malta Independent, citing Parliamentary Secretary for Social Dialogue Andy Ellul. Addressing the media, Ellul said that the new regulations for temporary work agencies aim to provide a robust legal framework that assures “that this practice is done in accordance with laws regulating employment, including employees' work conditions and the ethical recruitment” The law is set to come into force on 1 April 2024. Furthermore, applications from future regulated temporary workers agencies will start being received as from 1 January. All companies need to have their licence by June 2024.

Lawyers explained that this new law promotes visibility and monitoring of all operators within the sector. Additionally, it aims to assure that only non-European workers that the country needs are brought over while safeguarding their wellbeing by criminalising abuses. Consequently, companies that do not have or violate this licence will be disqualified from public procurement contracts and will not be authorised to bring in workers from outside the European Union. Moreover, agencies that violate immigration laws or labour laws and are not compliant will have their licences revoked.

Employment agencies must apply for a licence every year (€3,000 for the first time and €1,500 for each renewal). Each agency must have a competent person who must be Maltese or European and have a ‘number of years’ of experience and/or an HR degree. Due diligence will be carried out, with the assistance of the Police, on applicants, the competent person, and company directors before the licence is issued. The agency must operate from an approved fund according to the law. Agencies that lose their licence will be blacklisted and will not be eligible to bid for government tenders or recruit workers from outside the EU. Temping agents cannot request any payment from employees to come to Malta. They cannot employ individuals when they are aware that these individuals are paying money to guarantee and get the same job.

Agency Identita (Malta's indentity management solutions) will not accept any applications for a single permit from an agency that does not have a licence, the regulations say. There will be 'harsh' fines and revocation for those who do not comply with licence regulations or operate without one. Immediate license suspension will occur in certain severe instances. Repeat offenders will have their licences revoked. Fines range from €5,000 to €30,000 for those who fail to comply with legal measures. It will not be possible for individuals or companies to use the services of agencies that are not authorised to do this work.