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Expat Pilots arrested Malta

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Old 24th Oct 2003, 22:26
  #81 (permalink)  
 
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some info

I have been alerted to this forum by a news item that appeared on the local papers today.

I have looked over some of the postings and I can say that some of them clearly show the lack of knowledge about Malta.

Chapter 217 of the Maltese laws clearly speaqks about work permit. Any foreign person that seeks to work in Malts needs a wroking permit. When his employer applies for this working permit, the permit is sent to the employee and not to the employer. Thus the employee knows if he has a permit or not. Permits in Malta usually take from 6 weeks to 12 weeks to be approved or not.

Thus it is the resposnibility of the employee to know if he has a permit or not, otherwise he is accomplice. So those that were involved should stop acting as victims, they knew that they were working without a permit.

Persons that are caught without a work permit are usually deported after being arraigned in court (usually within a couple of days)

On the other hand, the employer is arraigned in court and accused of employing people without a workpermit.

Though yes we do have our own number of criminals, this is not in anyway higher than anywhere else and scam companies exist (I personally can mention at least 1 Australian, 1 American and 1 British company that crossed my path).

As a matter of information all the information on Maltese laws can be found on http://www.justice.gov.mt/legalservices.asp and the list of expatriates (updated on a montly basis) can be found on: http://www.doi.gov.mt/EN/workpermits...nthslast3.asp.

Anyone wanting to invest in Malta or work in Malta should visit the website www.investinmalta.com for the proper information. relying on hearsay or as thename of this forum implies, rumours, is just making a fool of himself!!!
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Old 24th Oct 2003, 22:58
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So where are the people who were accusing the Maltese media of covering up this story?
I know for a FACT that one journalist will be reporting this story in a Sunday newspaper after only got to know about this story yesterday and immediately acting upon it. I would not be surprised if the Malta Independent journalist did the same. Whether other newspapers did not when informed in previous weeks does not necessarily confirm a media cover up but it could also mean that they thought the reporter or this thread was a far from reliable source.
Malta is not a country where everyone walks along the straight and narrow (nor are any of the countries where posters are posting from) but to portray it as some heavily corrupt, dangerous 3rd world country is stupid...........

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Old 25th Oct 2003, 03:16
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malta

The last post on obtaining a permit in Malta.....

It seems to me that the employer is responsible to submit the documentation and application for a work permit.
If you are the employee, the only assurance you have that the employer has submitted the required paperwork is what he tells you. I suppose you could contact the goverment directly to find out your status but that can be difficult. So, if you are being lied to by your employer you can end up in real trouble.

To the Maltese,
I understand your pride in your nation, but come on. Its not exactly like the rest of europe or even England. This is not a good thing nor bad just different. There is corruption here in the USA it just costs more.
But Malta did remind me of Mexico with a british influence.

TO Any news organizations.... Just keep turning over the Rocks and you will have one very interesting story on European 2000 airlines.
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Old 25th Oct 2003, 04:13
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I work for a BIG Multinational company operating in Malta which has invested over 700 Million US$ since it was first set up in Malta.

Most of Maltese law is fully in line with EU legislation and Malta provides an excellent base Malta to penetrate both the Southern European as well as the North African markets and beyond.

Malta's workforce is multilingual, highly skilled, educated, and perhaps most important of all, flexible. The Maltese produce high quality work at a fraction of European and North American costs.
There are more university graduates on a pro rata basis, than in many other competitor countries.

The Business Promotion Act offers incentives which are very attractive and cover tax incentives, soft loans, investment allowances, training assistance and others.

The support we receive from local authorities and govermental agencies is second to none.

Anrasp


PS ... to come clean ... I am Maltese
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Old 25th Oct 2003, 04:38
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meddoc

Don't mention workpermits, or B Sousa will get all agitated. Maybe it is because it pricks his conscience.
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Old 25th Oct 2003, 07:09
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I believe that most of you Malta bashers havent the faintest idea what you are talking about.
You must be mistaking our dynamic forward-looking island with either southern Italy or Sicily , Marseilles or one of the Greek islands.
You should come over for a visit and see for yourselves what it is like and not base your ludicrous conjectures on hearsay and malicious rumours spread by people with hidden agendas of their own.

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Old 25th Oct 2003, 07:35
  #87 (permalink)  
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JosephShankes Writes:"meddoc

Don't mention workpermits, or B Sousa will get all agitated. Maybe it is because it pricks his conscience. "

Sorry to disappoint you but I have no problem with his explanation. Unlike your statements his are very neutral....
Relax a bit in the "Rumor Forum"
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Old 25th Oct 2003, 14:17
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Question The last post on obtaining a permit in Malta.....

The employee knows that if he does not have the work permit in his hands (he has to go and collect it by hand from the Office of the Prime Minister - expatriate section) then he has no work permit. He has also got to know that there isno grace period, i.e. he cannot legally work whilst waiting for the work permit to be apporved. This is the law and I can tell youit is practically the same as the UK legislation. Apart from this, the expatriates list that have a work permit is public inoformation available on the official government site and updated on a monthly basis

Thus again these people that were caught in this business and deported cannot be considered victims but in fact accomplices!! Sorry guys but this is the truth.

One other point (and I know this as a fact) pressure is being exerted by the authorities so that workers that do not have a work permit are identified and the neccessary steps taken against them and against their employer. This is not only fair tothose that are legally employed and paying their dues but also from the safety point of view as these persons are not covered by any type of insurance!!
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Old 25th Oct 2003, 20:53
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Devil

re : The last post on obtaining a permit in Malta.

so thats the law.

Question .. why was this airline operating US registered aircraft on a US AOC, with US licenced pilots from Malta ?

Question .. were the pilots officially based in Malta ?

Question .. If you are a US pilot, flying a US aircraft on a US AOC
is a work permit required if the aircraft "happens" to overnight regularly on Malta ?

Ps hurrah ! The press has spoken at last... now how about the issues being investigated ?.
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Old 26th Oct 2003, 05:12
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Angry Meddoc

The problem is much much bigger than this sole immigration issue.

For the sake of the argument, let's pretend you are right on the immigration part. Let's pretend that the responsibilities are shared between the foreign employees without a work permit, and the employer who did not mail their immigration application. Well, let's look at the results:
- The foreign employees have been forced to leave their jobs and the island. Fair enough!
- The Company and/or CEO are still living happily in Malta and have NOT been given any kind of fine, emprisonment, or criminal sentence. Is it normal???

See, this is the real issue, here. Now, looking at the big picture, here are other things that this company does not do right:

- Writing checks that bounce: alright, s**t happens, you can write a couple of them by mistake. However, when you write more than a dozen of them over a short period of time to pay your bills (mostly to Maltese individuals or companies), it becomes a CRIME because you KNOW that you don't have any money left on your account. Boys and girls of Malta, these kinds of behaviors will kill your economy if they are not punished as they deserve!

- Not paying employees, or paying them over 2 weeks late: this applies to Maltese and foreign workers alike. It became worse for the foreigners because they ended up not getting their money at all after being forced to leave the island...

- Carriage of revenue passengers by a Limited Liability Company with 600 LM (=1700 USD) of capital: think about it before you put your kids on this airline... If the CEO forgets to pay his insurance and the passengers are killed, you will only be able to sue for 600 LM... It means that these people are responsible for your life, up to 600 LM only... Scary?

This list is non-exhaustive. I am just trying to explain to you that European 2000 Airlines and its CEO Mr. Ray Micallef are showing plain contempt for the Maltese Law, for their fellow Maltese citizen, and for the foreign workers alike. Don't you think it is fair to ask for a fair trial in front of a Maltese Court, where a Maltese Judge or Jury decides on a compensation/punishment for all the parties involved?

And please, let's stop portraying Malta as a third-world country because it is simply untrue, discriminatory and insulting. I have only dealt with good people in Malta during my stay. This scam is the only thing that makes me mad, but it could have happened in any other country. I am just begging for the Maltese judicial system to take an objective look at this European 2000/Ray Micallef case.
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Old 26th Oct 2003, 06:29
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Information about Malta

I just want to use this opportunity to give some details with regards to the Maltese system. In Malta, whenever you have a bureaucrat problem….rather than finding your problem, all you do is call a friend in some department and have them help you out. I know this is not the topic in question, but I’m sick and tired of all those who have posted messages stating that things work properly in Malta. Evidently they don’t have to tackle these idiots in gov departments, who’s sole aim in life is to invent excuses to justify their paycheck.

A few examples follow…
In most parts of the world, if you have an aviation query all you do is contact the local CAA. They usually have professionals who will ans your query on the spot. In Malta they simply refer you to JAR’s and the ANO (in some cases the two documents contradict each other), is it any wonder so many people breach either the JAR’s or the ANO?

Want to fly from Malta? No problem, as long as you don’t hurt some preferred operators.
One operator in Malta has been allowed to operate spotter plane flights (where they spot tuna and direct fishing boats towards them), this is done even though a letter was hand delivered to all operators stating that if there is an suspicion that they are involved in tuna spotting, their a/c will be impounded and the operator/pilot fined/imprisoned. This particular operator says that his are pollution control flights, during which he tells boats towing tuna pens where any oil slicks are. However the owner and some of his close friends boast that, well if you see fish you can always say…look! There’s tuna, thus acting as a spotter plane!!! This guy is so powerful that the previously mentioned letter was delivered two days before becoming effective, thus screwing any other operator intending on doing these flights. Not to mention the fact that they transmit from a portable transceiver from within the aircraft, which I believe is illegal…the radio was brought on a ‘private’ flight from Italy, any doubt as whether it has been declared to the wireless department?
Someone posted a message stating that a guy had operated commercial flights on a single engine a/c out of Malta and subsequently crashed on one of these flights. In this case, the DCA (local CAA) stated that the a/c had made a couple of hundred flights in the preceding year, and that they were about to start investigating him…what a bloody coincidence. Anyway, this tuna guy is also operating his a/c without an AOC on charter flights. They are simply declared as private. The DCA chooses to remain silent on the matter. Because the flights are ‘private’, the pilots have no flight time limitations.

All of you who think this is an exaggeration evidentially haven’t battled against these idiots. This is just a small portion of what goes on, trust me, I know…I see these things all day, every day.

Sorry if I diverged from the main topic, but I just had to take this opportunity to let people know what happens in Malta. Maybe this way the justice system will get moving and heads start getting chopped off, not literally of course.

Thanks ECAM this for the wonderful opportunity.
As for the European 2000 apparent scam, I choose not to comment much. I have seen the now famous Ray Micallef, Always posing in uniform just to have a strol at the airport, or in a flight suit during the airshow. If he did was has been alleged, then he deserves a huge fine and a ban from opening any company. Jail? well, not unless it can be proven that there were physical threats.
Keep us posted.
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Old 26th Oct 2003, 10:38
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SIMPLE QUESTIONS

As stated in a previous posting we are still waiting for answers....

"What I wish is that this CEO, Ray Micallef, will deny the following:

1-he did not pay his pilots

2-he did not pay his engineers

3-he gave false promises

4-operated illegally from Malta

5-he did not pay the agreed expenses for re-current training on
Metro type to pilots

6-was decietful to his employees

7-issued cheques locally which were dishonoured by the bank

8-employed foriegn pilots without a work permit

9-had some of his pilots arrested by the local authorities

10-had a Part 135 removed from one company then moved to another and it seems also rejected.

11-unable to get a JAA licence to operate from Malta beacuse of who he is not who he knows.

12-his REPUTATION???

Is this normal buisness ethics for a new company. I think not.
In short his buisness ethics are a shade of grey bordering on black. I wonder what credit rating European 2000 Airlines would have (1 star minus if it exists!)"

FINALLY WILL THE LOCAL MALTESE AUTHORITIES INVESTIGATE AND EXPLAIN HOW THIS WAS ALLOWED TO HAPPEN FOR WHICH THEY ARE SUPPOSED TO SAFEGUARD THE PUBLIC FROM SUCH OPERATORS! The public have a right to know especially once this has been brought to local and international attention.

I hope we will not get the 'pass the buck' and 'it was not my responsibility' and 'finger pointing' attitude......
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Old 26th Oct 2003, 13:01
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Irregulaities

One operator in Malta has been allowed to operate spotter plane flights (where they spot tuna and direct fishing boats towards them), this is done even though a letter was hand delivered to all operators stating that if there is an suspicion that they are involved in tuna spotting, their a/c will be impounded and the operator/pilot fined/imprisoned. This particular operator says that his are pollution control flights, during which he tells boats towing tuna pens where any oil slicks are. However the owner and some of his close friends boast that, well if you see fish you can always say…look! There’s tuna, thus acting as a spotter plane!!!
Just to not I am not in any way connected to the aircraft/airline business but I am an aircraft enthiusiast .

I checked the law (it is acailable on line) and this (the quote) is only applicable for June. Apart from this, it is clear from the law, that it is very difficult to monitor and enforce. Here is the excerpt of interest:

3. Aircraft in support of fishing operations in the Mediterranean Sea shall not take off from, or land in, Malta throughout the month of June of each year.


4. If it appears to the Director that an aircraft is intended orlikely to be flown in support of fishing operations, the Director shall have the right to prohibit the take-off from, or landing in Malta of that aircraft during the month of June of each year.

The crucial wording is "if it appears". This signifies a difficulty in clear cut disitinction between what is "fish spotting" and other legal activities.


As for the employer being fined or otherwise, investigations are still on going so I cannot comment.

There was a point about overnight staying US registered pilots etc. If these are employed (paid) by a Maltese registered company they still need a work permit even if they never set foot in Malta!

Now for all of you that seem to enjoy bashiong Malta and each other (and some I have a good knowledge that they are Maltese - shame on you), even larger countries have similar problems with their aviation authorities and regulators. I just happened to fish out an interesting aticle from Australia written by Paul D Phelan, Executive editor, Australian Flying magazine; Senior contributor, Aircraft & Aerospace Magazine; Australian correspondent, Flight International magazine; Senior contributor, Middle East Aviation Journal (Dubai, United Arab Emirates).

http://www.flight.org/phelan/failing.htm

Last point, Maltese laws are in harmony to EU laws.
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Old 26th Oct 2003, 15:30
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Devil

For those who think this is about knocking Malta CLICK HERE and see another side to the islands.

Insider : spot on !!

Dealing with the desk drivers in Malta is and always has been a nightmare, and the fact that a very high percentage of the population have a government job as well as a sideline business makes the scenario you cite as being the norm, you have a problem ? then you go to a friend that knows somebody, otherwise sit back and watch the papers being shuffled: it is safer not to make a decision, and pass the buck to somebody else.

A couple of instances that have come to my attention over the years have been: the changes in property law that led to an aquaintance having a house confiscated and given to a government employee. and so called "Green belt" land suddenly sprouting appartment blocks.

There appears to be a group to whom normal laws do not apply, and another group who aspire to become part of it.

These islands are home to some of the very best people I have ever met . . anywhere !.
Unfortunately there is also the other side that we are witnessing here, but this time on a very public and international stage.

On the final point: a maltese regisered company can always subcontract or source personnel from a foriegn company with the same name and the same directors.. now the waters get rather muddy do they not ?

Last edited by Hostie from Hell; 26th Oct 2003 at 16:09.
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Old 26th Oct 2003, 15:57
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hostie

On the final point: a maltese regisered company can always subcontract or source personnel from a foriegn company with the same name and the same directors.. now the waters get rather muddy do they not ?

This would be legal as the personnel would be employed by the foreign company on a foreign soil and presumably under foreign laws.

What we have been describing totally different, otherwise they would not have been deported (always if they had all the papers and contracts in order).

On the other hand, the MFSC i.e. Malta Financial Services can always invisestigate such companies that would seem to have phantom activities. (Again I am sure that something like this is being investigated)
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Old 26th Oct 2003, 16:19
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Devil muddy waters

meddoc, playing devils advocate as I am prone to do:

If one were unscrupulous, one could have XXX airlines (Malta) Ltd. and XXX airlines (Camen Islands ) Ltd.

Two companies, two contracts of employment.
It would then come down to which parts of the law it was convenient and expedicious for one to use.

For the record I was told (some years ago) by an official at the office for expatriate affairs that I could start work immediately because " your work permit application is in the system".

Strange that ..
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Old 26th Oct 2003, 16:39
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Hostie

For the record I was told (some years ago) by an official at the office for expatriate affairs that I could start work immediately because " your work permit application is in the system".
One thing that I have learned is that i never take the word of any employee - whether government or not. I always ask for eveything in writing!

Even if the application is in the system, it can always be refused! In this case, your "official" was clearly wrong unless it was an extension of an laready granted permit. In this case, even though it can be refused, the original permit is still valid until you receive the refusal.

As for unscrupulous behaviour, one can never have a fully, fullproof law and unscrupulous lawyers (quite a few around) can always find loopholes! You can never win them all.
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Old 26th Oct 2003, 16:59
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I have just seen this post and read it carefully. I have noticed some things which doesn't make sense to me.

In all this story which can be true as well as blown up a lot, people working in Malta in every job not just aviation has to have a working permit which you have to collect from the PM office by hand. So these people knew that they were breaking the law so in my opinion they are as guilty as their employeer.

Secondly, reading this forum accurately makes me come up with 2 things, there are people in here with two or three different user names and these people are blowing this thing up. And I ask, are these people doing this on purpose to damage the image of European 2000 for there own purpose?. Are these people jeolous of this Ray Micallef which is a treath for there interest in aviation in Malta?. Maybe they are the same people who are doing flights to and from Malta and they are seeing European 2000 as a treath to themselves and there future?.

This is my personal opinion which I got from reading this forum. Come on guys lets talk fair in hear. It's no sense of throwing mud in other peoples face. BE REAL
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Old 26th Oct 2003, 21:14
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This episode is a cautionary tale for anybody contemplating employment abroad.

Normally a new employee credits the employer as acting in good faith and relies on the employer to inform the employee of the local rules and regulations and make sure that the paperwork is properly done.

But if the employer is a shady operator, you are about to be well and truly
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Old 26th Oct 2003, 21:51
  #100 (permalink)  
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Hostie From Hell writes: "If one were unscrupulous, one could have XXX airlines (Malta) Ltd. and XXX airlines (Camen Islands ) Ltd."

Interesting if you are talking about the "Cayman Islands" as one of the players mentioned earlier does have his fingers in the pie there also.
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