CONDITIONS OF ENTRY AND STAY OF THIRD COUNTRY NATIONAL FOR THE PURPOSE OF EMPLOYMENT AS SEASONAL WORKERS

AS SEASONAL WORKERS

SUBSIDIARY LEGISLATION 217.20

CONDITIONS OF ENTRY AND STAY OF THIRD

COUNTRY NATIONAL FOR THE PURPOSE OF

EMPLOYMENT AS SEASONAL WORKERS

REGULATIONS

17th January, 2017

LEGAL NOTICE 21 of 2017, as amended by Legal Notice 59 of 2024.

PART I

General Provisions

(1) The title of these regulations is the Conditions of Entry

and Stay of Third Country Nationals for the purpose of

Employment as Seasonal Workers Regulations.

(2) These regulations transpose Council Directive 2014/36/EU

of the 26th February 2014 on the conditions of entry and residence

of third country nationals for the purpose of employment as

seasonal workers.

(3) The aim of these regulations is to determine the conditions

of entry and stay of third country nationals for the purpose of

employment as seasonal workers and defines the rights of such

workers

Provided that for stays not exceeding ninety days, these

regulations shall apply without prejudice to the Schengen acquis.

For the purpose of these regulations

"Act" means of the Immigration Act;

"activity dependant on the passing of seasons" means an activity

that is tied to a certain time of the year by a recurring event or

pattern of events linked to seasonal conditions during which

required labour levels are significantly above those necessary for

usually ongoing operations;

"authorisation for the purpose of seasonal work" means any

authorisations referred to in regulation 11 entitling their holder to

stay and work in Malta;

"Board" means the Immigration Appeals Board constituted by

article 25A of the Act;

"Executive Chairperson" means the Executive Chairperson of

Identity Malta Agency, established under the Identity Malta

Agency (Establishment) Order, or any senior official thereof so

delegated;

"Long-stay visa" means an authorisation issued by the pertinent

Maltese authorities as provided for in Article 18 of the Schengen

Implementing Convention;

"seasonal worker" means a third country national who retains his

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or her principal place of residence in a third country and stays

legally and temporarily in Malta to carry out an activity dependent

on the passing of seasons, under one or more fixed term work

contracts concluded directly between that third country national

and the employer established in Malta

Provided such activity is one which shall be exclusively

carried out in one of the following sectors: hospitality, agriculture

and marine aquaculture;

"seasonal worker permit" means an authorisation issued using

the format laid down in Council Regulation (EC) No 1030/2002

bearing a reference to seasonal work and entitling its holder to stay

and work in Malta for a stay exceeding ninety days under the terms

of these regulations;

"short-stay visa" means an authorisation issued as provided for

in point (2)(a) of Article 2 of Regulation EC No 810/2009 (Visa

Code);

"single application procedure" means a procedure leading, on the

basis of one application for the authorisation of a third-country

national’s stay and work in Malta, to a decision on the application

for a seasonal worker permit;

"third-country national" means any person who is not a citizen of

the European Union, hereinafter referred to as "the Union", within

the meaning of Article 20(1) TFEU;

"Visa Code" means Regulation (EC) No. 810/2009 of the

European Parliament and of the Council of 13 July 2009

establishing a Community Code on Visas;

"work permit" means an employment licence issued under article

11(3) of the Act.

(1) These regulations shall apply to third-country nationals

who reside outside the territory of Malta and who apply to be

a d m it te d, or wh o ha ve b e e n a dm i tt e d i n Ma l t a u n de r th e s e

regulations for the purpose of employment as seasonal workers.

(2)

These regulations shall not apply to third-country nationals

who

(a) at the time of application reside in Malta with the

exception of cases referred to in regulation 14;

(b) are carrying out activities on behalf of undertakings

established in Malta or in another Member State in the

framework of the provision of services within the

meaning of Article 56 TFEU, including third-country

nationals posted by undertakings established in the

provision of services in accordance with the Posting of

Workers in Malta Regulations;

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(c) are family members of Union citizens who have

exercised their right to free movement within the

Union, in conformity with Directive 2004/38/EC of the

European Parliament and of the Council of 29 April

2004 on the right of citizens of the Union and their

family members to move and reside freely within the

territory of the Member States amending Regulation

(EEC) No 1612/68 and repealing Directives 64/221/

EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/

EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/

96/EEC and the Free Movement of European Union

Nationals and their Family Members Order;

(d) together with their family members, and irrespective

of their nationality, enjoy rights of free movement

equivalent to those of Union citizens under agreements

either between the Union and the Member States or

between the Union and third countries.

PART II

Conditions of Admission

(1) Applications for admission to Malta in accordance with

the provisions of these regulations shall be submitted to the

authorities responsible for the issue of work permits by the third

country national and endorsed by the employer established in

Malta.

(2)

Applications shall be accompanied by

(a) a valid contract of employment, or a binding job offer

to work as a seasonal worker in Malta with an

employer which specify

(i)

the place and type of work;

(ii)

the duration of employment;

(iii)

the remuneration;

(iv)

the working hours per week or month;

(v)

the amount of any paid leave;

(vi)

where applicable other relevant

working

conditions; and

(vii)

if possible, the date of commencement of

employment;

(b) evidence of having, or of having applied for, sickness

insurance for all the risks normally covered for

Maltese nationals for periods where no such insurance

coverage and corresponding entitlement to benefits are

provided in connection with, or as a result of, the work

carried out in Malta;

(c) evidence that the seasonal worker will have adequate

accommodation or that adequate accommodation will

be provided in accordance with regulation 18.

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(3) The conditions referred to in sub-regulation (1)(a) shall

comply with the Employment and Industrial Relations Act, the

E q u a l Tr e a t m e n t i n E m p l o y m e n t R e g u l a t i o n s , c o l l e c t i v e

agreements and, or practice.

(4) On the basis of the documentation provided pursuant to

sub-regulation (1), the authorities shall require that the seasonal

worker shall have sufficient resources to maintain himself and will

have no recourse to the social assistance systems.

(5) In cases where the contract of employment or binding job

offer specifies that the third-country national will exercise a

regulated profession, as defined in the Recognition of Professional

Qualifications Regulations, the applicant may be required to

present documentation attesting that he fulfils the conditions for

the exercise of that regulated profession.

(1) The provisions of sub-regulations (2) to (5) of

regulation 4 shall apply mutatis mutandis to seasonal workers

whose stay in Malta exceeds ninety days.

(2) Applications for admission to Malta in accordance with this

regulation shall be submitted to the Executive Chairperson as

specified in regulation 12.

(3) The Executive Chairperson, in consultation with the

Principal Immigration Officer, shall verify that the third country

national does not present a risk of illegal immigration and that he

intends to leave the territory of Malta at the latest on the date of

expiry of the authorisation.

(4) The third country national shall be in possession of a valid

travel document. The period of validity of the travel document shall

cover at least the period of validity of the authorisation for the

purpose of seasonal work

Provided that the Executive Chairperson may require

(a) the period of validity to exceed the intended duration

of stay by a maximum of three months;

(b) the travel document to have been issued within the last

ten years; and

(c) the travel document to contain at least two blank

pages.

(5) Third country nationals who are considered to pose a threat

to public policy, public security or public health shall not be

admitted.

An application by a third country national for the purpose

of seasonal work shall be considered inadmissible or rejected on

the basis of labour market considerations by the authorities

responsible for the issue of work permits in the case of stays for

less than ninety days and by the Executive Chairperson, in

c o n s u l t a t i o n w i t h t h e p e r t i n e n t au t h o r i t i e s r e s p o n s i b l e f o r

employment matters, in the case of stays exceeding ninety days.

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(1) The Executive Chairperson or the authorities

responsible for the issue of work permits, as the case may be, shall

reject an application for authorisation for the purpose of seasonal

work where

(a) the provisions of regulations 4 or 5 are not complied

with; or

(b) the documents presented for the purpose of regulations

4 or 5 were fraudulently acquired, or falsified, or

tampered with.

(2) The Executive Chairperson or the authorities responsible

for th e i ssue of work permits, as the case m ay b e, sh all , if

appropriate, reject an application for authorisation for the purpose

of seasonal work where

(a) the employer has been sanctioned for undeclared work

and, or illegal employment;

(b) the employer’s business is being or has been wound up

in accordance with the relevant provisions of the

Companies Act and the Commercial Code or no

economic activity is taking place;

(c) the employer has been sanctioned under regulation 16.

(3)

(a) Before taking a decision on an application for the

purpose of seasonal work, the Executive Chairperson

or the authorities responsible for the issue of work

permits, as the case may be, shall consult the pertinent

authorities responsible for employment matters in

order to verify whether the vacancy concerned may be

filled by

(i) Maltese nationals; or

(ii) citizens of other Member States of the Union; or

(iii) third country nationals lawfully resident in

Malta.

(b) The Executive Chairperson or the authorities

responsible for the issue of work permits, as the case

may be, shall refuse the said application if the vacancy

could be so filled.

(4) The provisions of sub-regulation (3) shall apply without

prejudice to the principle of preference for Union citizens as

expressed in the relevant provisions of the relevant Acts of

Accession.

(5) The Executive Chairperson or the authorities responsible

for the issue of work permits, as the case may be, may reject an

application for authorisation for the purpose of seasonal work

where

(a) the employer has failed to meet legal obligations

regarding social security, taxation, labour rights,

working conditions or terms of employment as

provided for in applicable law and, or collective

agreements; or

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(b) within twelve months immediately preceding the date

of the application, the employer has abolished a full-

time position in order to create the vacancy that the

employer is trying to fill by the use of these

regulations; or

(c) the third country national has not complied with the

obligations arising from a previous decision on

admission as a seasonal worker.

(6) Without prejudice to the provisions of sub-regulation (1),

any decision to reject an application shall take account of the

specific circumstances of the case, including the interests of the

seasonal worker, and shall respect the principle of proportionality.

(7) Grounds for refusing the issuing of a short-stay visa are

regulated in the relevant provisions of the Visa Code.

(1) The Executive Chairperson or the authorities

responsible for the issue of work permits, as the case may be, shall

withdraw the authorisation for the purpose of seasonal work where

(a) the documents presented for the purpose of regulations

4 or 5 were fraudulently acquired, or falsified, or

tampered with; or

(b) the holder is staying for purposes other than those for

which he was authorised to stay.

(2) The Executive Chairperson or the authorities responsible

for the issue of work perm its, as the case may be, shall, if

appropriate, withdraw the authorisation for the purpose of seasonal

work where

(a) the employer has been sanctioned for undeclared work

and, or illegal employment;

(b) the employer’s business is being or has been wound up

in accordance with the relevant provisions of the

Companies Act and the Commercial Code or no

economic activity is taking place;

(c) the employer has been sanctioned under regulation 16.

(3) The Executive Chairperson or the authorities responsible

for the issue of work permits, as the case may be, may withdraw the

authorisation for the purpose of seasonal work where

(a) the provisions of regulations 4 or 5 are not or are no

longer complied with; or

(b) the employer has failed to meet legal obligations

regarding social security, taxation, labour rights,

working conditions or terms of employment as

provided for in applicable law and, or collective

agreements; or

(c) the employer has not fulfilled its obligations under the

contract of employment; or

(d) within twelve months immediately preceding the date

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of the application, the employer has abolished a full-

time position in order to create the vacancy that the

employer is trying to fill by the use of these

regulations.

(4) The Executive Chairperson or the authorities responsible

for the issue of work permits, as the case may be, may withdraw the

authorisation for the purpose of seasonal work if the third country

national applies for international protection under the International

Protection Act or for protection in accordance with national law,

international obligations or national policies.

(5) Without prejudice to the provisions of sub-regulation (1),

any decision to withdraw the authorisation shall take account of the

specific circumstances of the case, including the interests of the

seasonal worker, and shall respect the principle of proportionality.

(6) Grounds for annulment or revocation of a short-stay visa

are regulated in the relevant provisions of the Visa Code.

The Executive Chairperson or the authorities responsible

for the issue of work permits, as the case may be, shall require the

employer to provide all relevant information needed for issuing,

extending or renewing the authorisation needed for issuing,

extending or renewing the authorisation for the purpose of seasonal

work.

PART III

Procedure and Authorisations for the Purpose of Seasonal Work

(1) The Executive Chairperson or the authorities

responsible for the issue of work permits, as the case may be, shall

make easily accessible to applicants the information on all

documentary evidence needed for an application and information

on entry and stay, including the rights and obligations and the

procedural safeguards of the seasonal worker.

(2) When issuing third country nationals with the authorisation

for the purpose of seasonal work, the Executive Chairperson or the

authorities responsible for the issue of work permits, as the case

may be, shall also provide information in writing about the rights

and obligations of seasonal workers, including complaint

procedures.

(1) With regards to stays not exceeding ninety days, third-

country nationals who comply with regulation 4 and do not fall

within the grounds set out in regulation 7, without prejudice to the

rules on the issuing of short-stay visas as laid down in the Visa

Code and in Regulation EC No 1683/95, shall be issued with

(a) a short stay visa and an employment licence indicating

that they are issued for the purpose of seasonal work;

or

(b) in the case of a third country national exempted from a

visa requirement as provided for in accordance with

Annex II of Regulation EC No 539/2001, with an

employment licence issued for the purpose of seasonal

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work.

(2) For stays exceeding ninety days, a third country national

who complies with regulation 5 and does not fall within the

grounds set out in regulation 7, shall be issued with a seasonal

worker permit and a long stay visa

Provided that facilitation shall be given in relation to the

issuance of such visa if such visa is required for entering Malta.

(3) The Executive Chairperson shall issue the seasonal worker

permit using the format laid down in Regulation EC No 1030/2002.

(4) In the case of long stay visas a reference shall be entered

stating that it is issued for the purpose of seasonal work under the

heading ‘remarks’ on the visa sticker in accordance with point 12

of the Annex to Regulation EC No 1683/95.

(5) In the case of a seasonal worker permit, the Executive

Chairperson may indicate additional information relating to the

employment relationship of the seasonal worker in paper format, or

store such data in electronic format as referred to in Article 4 of

Regulation EC No 1030/2002 and in point 16(a) of the Annex

thereto.

An application for a seasonal worker permit shall be

submitted to the Executive Chairperson in a single application

procedure by the third country national and endorsed by the

employer.

The maximum period of stay for seasonal workers shall be

not more than nine months in any twelve month period. After the

expiry of this period, the third country national shall leave the

territory of Malta

Provided that no residence permit has been issued in

accordance with national law for purposes other than seasonal

work.

(1) Within the maximum period referred to in regulation

13 and provided that the provisions of regulations 4 or 5 are

complied with and the grounds set out in regulation 7(1)(b),

regulation 7(2) and, if applicable, regulation 7(5) are not met,

seasonal workers are allowed one extension of their stay in relation

to their contract with the same employer.

(2) The Executive Chairperson or the authorities responsible

for the issue of work permits, as the case may be, in consultation

with the pertinent authorities responsible for labour matters, may

decide to allow seasonal workers to extend their contract with the

same employer and their stay more than once, provided that the

maximum period referred to in regulation 13 is not exceeded.

(3) Within the maximum period referred to in regulation 13 and

provided that the provisions of regulation 4 or 5 are complied with

and the grounds set out in regulation 7(1)(b), regulation 7(2) and, if

applicable, regulation 7(5) are not met, the Executive Chairperson

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or the authorities responsible for the issue of work permits, as the

case m ay b e, in con sult atio n wit h t he pert in ent auth oriti es

responsible for labour matters, shall allow seasonal workers one

extension of their stay to be employed with a different employer.

(4) The Executive Chairperson or the authorities responsible

for the issue of work permits, as the case may be, in consultation

with the pertinent authorities responsible for labour matters, may

decide to allow seasonal workers to be employed by a different

employer and to extend their stay more than once, provided that the

maximum period referred to in regulation 13 is not exceeded.

(5) For the purposes of sub-regulations (1), (2), (3) and (4), the

Executive Chairperson or the authorities responsible for the issue

of work permits, as the case may be, in consultation with the

pertinent authorities responsible for labour matters, shall accept the

submission of an application when the seasonal worker admitted

under these regulations is on the territory of Malta.

(6)

(a) The Executive Chairperson or the authorities

responsible for issuing the work permit, as the case

may be, in consultation with the pertinent authorities

responsible for labour matters, shall refuse to extend

the stay or renew the authorisation for the purpose of

seasonal work when the vacancy in question could be

filled by Maltese nationals or by other European Union

citizens, or by third-country nationals lawfully residing

in Malta.

(b) The provisions of this sub-regulation shall apply

without prejudice to the principle of preference for

Union citizens as expressed in the relevant provisions

of the relevant Acts of Accession.

(7) The Executive Chairperson or the authorities responsible

for issuing the work permit, as the case may be, in consultation

with the pertinent authorities responsible for labour matters, shall

refuse to extend the stay or renew the authorisation for the purpose

of seasonal work where the maximum duration of stay as defined in

regulation 13 has been reached.

(8) The Executive Chairperson or the authorities responsible

for issuing the work permit, as the case may be, in consultation

with the pertinent authorities responsible for labour matters, may

decide to extend the stay or renew the authorisation for the purpose

of seasonal work if the third-country national applies for

international protection under the legislation on standards for

qualification of beneficiaries of international protection or the

International Protection Act or if the third-country national applies

for protection in accordance with the International Protection Act

or international obligations.

(9) The provisions of regulation 8(2), (3)(b), (3)(c) and (3)(d)

shall not apply to a seasonal worker who applies to be employed by

a different employer in accordance with sub-regulation (3) when

those provisions apply to the previous employer.

(10) Grounds for extension of a short-stay visa are regulated in

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the relevant provisions of the Visa Code.

(11) Without prejudice to regulation 7(1), any decision on an

application for an extension or renewal shall take account of the

specific circumstances of the case, including the interests of the

seasonal worker, and shall respect the principle of proportionality.

(1) Third-country nationals who were admitted to Malta as

seasonal workers at least once within the previous five years, and

who fully respected the conditions applicable to seasonal workers

under these regulations during each of their stays, shall have

facilitated re-entry.

(2) The facilitation referred to in sub-regulation (1) may

include one or more measures such as

(a) the grant of an exemption from the requirement to

submit one or more of the documents referred to in

regulations 4 or 5;

(b) an accelerated procedure leading to a decision on the

application for a seasonal worker permit or a long stay

visa;

(c) priority in examining applications for admission as a

seasonal worker, including taking into account

previous admissions when deciding on applications

with regard to the exhaustion of volumes of admission.

(1) An employer who fails to comply with the conditions

set out in these regulations and, or fails to prevent possible abuses

shall be guilty of an offence against these regulations and shall on

conviction be liable to a fine (multa) not exceeding five thousand

euro (€5,000).

(2) The Executive Chairperson or the authorities responsible

for issuing the work permit, as the case may be, shall ensure that, if

the authorisation for the purpose of seasonal work is withdrawn

pursuant to regulation 8(2), (3)(b), (3)(c) and (3)(d), the employer

shall be liable to pay compensation to the seasonal worker in

accordance with procedures under national law. Any liability shall

cover any outstanding obligations which the employer would have

to respect if the authorisation for the purpose of seasonal work had

not been withdrawn.

(1) The Executive Chairperson or the authorities

responsible for issuing the work permit, as the case may be, shall

adopt a decision on the application for authorisation for the purpose

of seasonal work. They shall notify the decision to the applicant in

writing as soon as possible but not later than ninety days from the

date on which the complete application was submitted.

(2)

(a) In the case of an application for an extension to stay or

f o r t h e r e n e w a l o f t h e aut h or i s a t i on pu r s u a n t t o

regulation 14, they shall take all reasonable steps to

ensure that the seasonal worker is not obliged to

interrupt his or her employment relationship with the

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same employer, or prevented from changing employer,

due to ongoing administrative procedures

Provided that where the validity of the authorisation

for the purpose of seasonal work expires during the

procedure for extension or renewal, in accordance with

these regulations, the seasonal worker shall be allowed

to stay in Malta until a decision has been taken on the

application, provided that the application was

submitted within the period of validity of that

authorisation and that the time period referred to in

regulation 13 has not expired.

(b) The third country national concerned may be issued

with a national temporary authorisation until a

decision is taken, which may allow the seasonal

worker to work until that decision is taken.

(c) During the period of examination of the application for

extension or renewal, the relevant provisions of these

regulations shall apply.

(3) Where the information or documentation supplied in

support of the application is incomplete, the competent authorities

shall notify the applicant, within a reasonable period of time, of the

additional information that is required and set a reasonable

deadline for providing it. The period referred to in sub-regulation

(1) shall be suspended until the additional information has been

submitted.

(4)

(a) Reasons for a decision declaring inadmissible an

a p p l i ca t i o n f o r a u t h o r i s a t i o n f o r t h e p u r p o s e o f

seasonal work or rejecting an application for

authorisation for the purpose of seasonal work or

refusing an extension of stay or renewal of the

authorisation for the purpose of seasonal work shall be

gi v e n i n w r i ti n g t o th e a p pl i c a nt . R e a s o ns f o r a

decision withdrawing the authorisation for the purpose

of seasonal work shall be given in writing to both the

seasonal worker and the employer.

(b) The relative written notification shall also specify

information regarding the appeal procedure to such a

decision that the third country national may lodge with

the Immigration Appeals Board in accordance with the

time limit established in the Act.

(5) Procedural safeguards concerning short stay visas are

regulated in the relevant provisions of the Visa Code.

(1) The Executive Chairperson or the authorities

responsible for issuing the work permit, as the case may be, shall

require evidence that the seasonal worker will benefit from

accommodation that ensures an adequate standard of living and that

any change of accommodation shall be reported accordingly.

(2) Where accommodation is arranged by or through the

employer

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(a) the seasonal worker may be required to pay a rent

which shall not be excessive compared with his net

remuneration and compared with the quality of the

accommodation. The rent shall not be automatically

deducted from the wage of the seasonal worker;

(b) the employer shall provide the seasonal worker with a

rental contract or equivalent document in which the

rental conditions of the accommodation are clearly

stated;

(c) the employer shall ensure that the accommodation

meets the general health and safety standards in

accordance with national law.

PART IV

Rights

During the period of validity of the authorisation referred

to in regulation 11, the holder shall enjoy at least the following

rights

(a) the right to enter and stay in the territory of Malta;

(b) free access to the entire territory of Malta;

(c) the right to exercise the concrete employment activity

authorised under these regulations.

(1) Seasonal workers shall be entitled to equal treatment

with Maltese nationals at least with regard to

(a) terms of employment, including the minimum working

age, and working conditions, including pay and

dismissal, working hours, leave and holidays, as well

as health and safety requirements at the workplace;

(b) the right to strike and take industrial action, in

accordance with the Employment and Industrial

Relations Act, and freedom of association and

affiliation and membership of an organisation

representing workers or of any organisation whose

members are engaged in a specific occupation,

including the rights and benefits conferred by such

organisations, including the right to negotiate and

conclude collective agreements, without prejudice to

the national provisions on public policy and public

security;

(c) back payments to be made by the employers,

concerning any outstanding remuneration to the third-

country national;

(d) branches of social security, as defined in Article 3 of

Regulation (EC) No 883/2004

Provided that family benefits and unemployment

benefits are excluded, without prejudice to the rights

conferred by Regulation (EU) No 1231/2010;

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(e) access to goods and services and the supply of goods

and services made available to the public, except

housing, without prejudice to the freedom of contract

in accordance with Union and national law;

(f)

advice services on seasonal work afforded for the

purposes of long term employment by Jobsplus;

(g) education and vocational training

Provided that the application to education and

vocational training shall be directly linked to the

specific employment activity and excluding study and

maintenance grants and loans or other grants and

loans;

(h) recognition of diplomas, certificates and other

professional qualifications in accordance with the

Conditions of Entry and Residence of Third-Country

Nationals for the purpose of Highly Qualified

Employment Regulations;

(i)

tax benefits, in so far as the seasonal worker is deemed

to be resident for tax purposes in Malta

Provided that tax benefits shall be limited to cases

where the registered or usual place of residence of the

family members of the seasonal worker, for whom he

claims benefits, lies in the territory of Malta

Provided that seasonal workers moving to a third country,

or their survivors who reside in a third-country and who derive

rights from those workers shall receive, in relation to old age,

invalidity, death and statutory pensions based on the seasonal

worker’s previous employment and acquired in accordance with the

Social Security Act under the same conditions and at the same rates

as the nationals of Malta when they move to a third country.

(2) The right to equal treatment provided for in sub-regulation

(1) shall be without prejudice to the right of the Executive

Chairperson or the authorities responsible for issuing the work

permit, as the case may be, to withdraw or to refuse to extend or

renew the authorisation for the purpose of seasonal work in

accordance with regulations 8 and 14.

(1) The pertinent authorities responsible for the

prevention of possible abuses and the sanction for infringements of

these regulations and as provided for under national legislation

shall provide for measures to prevent such possible abuses and to

sanction infringements.

(2) The pertinent authorities in charge of inspection of labour

or other competent authorities shall have access to the workplace

and, with the agreement of the worker, to the accommodation.

(1) It shall be ensured by the pertinent authorities that

there are effective mechanisms through which seasonal workers

may lodge complaints against their employers directly or through

third parties which have, in accordance with the criteria laid down

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in national law, a legitimate interest in ensuring compliance with

these regulations.

(2) It shall be ensured by the pertinent authorities that third

parties which have, in accordance with the criteria laid down by

their national law, a legitimate interest in ensuring compliance with

these regulations, may engage either on behalf of or in support of a

seasonal worker, with his or her approval, in any administrative or

civil proceedings, excluding the procedures and decisions

concerning short-stay visas.

(3) It shall be ensured by the pertinent authorities that seasonal

workers have the same access as other workers in a similar position

to measures protecting against dismissal or other adverse treatment

by the employer as a reaction to a complaint within the undertaking

or to any legal proceedings aimed at enforcing compliance with

these regulations.