What employers are responsible for
Under the Tourism & Hospitality Skills Pass framework, employers must not employ anyone in a covered role without a valid Skills Pass. The obligation is placed on the employer — not only on the worker — which means the responsibility for verifying certification before someone begins work sits with the establishment.
Covered roles are those in tourism and hospitality at establishments that hold an MTA (Malta Tourism Authority) licence. The Skills Pass framework operates through that licence relationship: if your establishment is MTA-licensed and a role is within the covered scope, a valid Skills Pass is required for that person to work in that role.
A list of roles explicitly excluded from the requirement is published at the official Skills Pass portal and is described as non-exhaustive. If a specific role is borderline, confirm with Skills Pass directly rather than inferring from the partial list — see the excluded-roles page for more detail.
Key obligations at a glance
- Verify before the first shift. Confirm that a new hire holds a valid Skills Pass for their specific covered occupation before they begin work in that role.
- Ensure existing staff are certified. The requirement is not limited to new hires — employees already working in covered roles must also hold a valid certificate.
- Inform TCN candidates early. For Third Country National workers, Skills Pass certification and Single Permit requirements interact — the earlier a candidate knows what is required, the less likely administrative delays become. See hiring third-country nationals for the timing guidance.
- Track occupation changes. If an employee moves to a different covered role within your establishment, a new occupation-specific Skills Pass is required. The current Skills Pass certificate covers the occupation it was issued for, not any covered role in general.
- Keep a verification record. While your employer portal account holds an authoritative record of registrations, maintaining your own log of certificate references, issue dates, and occupation changes helps you stay on top of compliance as your team changes.
Employer guides on this site
Frequently asked questions
01Who bears the legal obligation — the employer or the employee?
The obligation sits with the employer. Official guidance frames the requirement as something employers must not violate — that is, they must not employ someone in a covered role without a valid Skills Pass. The employee needs to obtain and hold the certificate, but it is the employer who is responsible for ensuring they do before work begins.
02Does the Skills Pass requirement apply to all hospitality businesses, or only certain ones?
The requirement is tied to establishments that hold an MTA (Malta Tourism Authority) licence. If your business operates under an MTA licence and employs people in covered roles, the Skills Pass framework applies. Businesses operating entirely outside the MTA-licensed hospitality sector are not covered by this specific requirement — but if you are unsure whether your licence triggers the obligation, confirm with Skills Pass or the MTA directly.
03Does the requirement apply only to Third Country Nationals, or to all staff?
Official materials frame the Skills Pass as applying to the sector broadly, not only to TCN (non-EU/EEA) workers. Maltese nationals and EU/EEA citizens working in covered roles at MTA-licensed establishments are also within scope. Some exemptions may apply — check the official portal for the current position on specific nationalities or residency statuses.
04What should I do if I am hiring someone and I am not sure whether their role is covered?
The official Skills Pass FAQ publishes a list of excluded roles, but describes it as non-exhaustive. The safest step is to check the official portal directly for the most current position on borderline roles, and — if still unclear — to contact Skills Pass before the hire is completed rather than after.