Although hired to be a waiter in Marsalforn, he was told upon arrival that there was no work there. The summer season was coming to a close, so Kiran was instead offered work with another company owned by members of the restaurant owner’s family.

Kiran protested because he had not been registered for this work.

“I told them that I’m not going to work illegally, before having been issued a work permit. Because it is illegal.”

When he raised these concerns with his bosses, he was told: “You’re confused, you don’t understand the way it works here. You can start the work, we will take care of you.” 

He was given a quad bike and told to run odd jobs driving between Qawra and St. Paul’s Bay.

Puttalingaiah is in possession of a valid driver’s license but he was not used to Maltese roads, their rules, or the routes he would be expected to travel.

After a month, Kiran had still not been issued a new work permit. Despite having handed over an original driving license and original medical documentation, the company showed no interest in giving him any contractually binding assurance of his working position.

This changed when Kiran was asked to sign a 2-year definite contract, which had not been discussed prior to this point. 

“I wanted to send the contract to a family lawyer in India to see if I should sign it, because nobody in the office was talking to me. Nobody talked to me in the company.”

He was advised by more seasoned third-country workers that he shouldn’t trust those telling him to sign. “They told me: ‘Kiran, you’re with the worst company.”

Based on these warnings, Kiran terminated his employment immediately. He had worked a month of 11 to 12 hour days, but had to visit the company’s offices several times in order to collect his payment.

It took two and a half months of doing so, and he was paid far less than anticipated.

With some difficulty, he was eventually able to recover his medical cocumentation and driver’s license.

Puttalingaiah then started to work at another restaurant in Gozo. Having returned to his own industry, he hoped that his situation would begin to improve. 

His new boss, as had been the case in previous employment, did not register him as a worker, and paid him in cash. Additionally, he quickly began to exhibit patterns of racist discrimination towards Kiran and other people of colour under his employment.

“He was very nice on the first day. By the third day of work, he showed he was an infernal racist. He told me I smelled bad, he never let me stand still for a second. He was scolding me and screaming at me always. There was a waitress from Ghana who has now left the job. He told her she smelled bad, more than 20 times over the course of a month.”

This employer also became Kiran’s new landlord. He has been staying in a barely converted garage attached to the restaurant, which cuts significantly into his cash-pay. 

When Kiran asked his boss’ wife for his pay most recently, he was told that the boss was not in Malta. Kiran was disappointed when “the next day, I found him in the road driving a car.” 

He contacted the Department for Industrial Employment Relations for their help in ensuring that he was paid.

When his boss told DIER that Kiran had not yet filed his papers, which is why he hadn’t been paid, there was nothing more that DIER could do.

Patricia Graham, founder of EU Nationals and Malta Residents Advisory Group, has been working with Kiran to ensure that he is able to safely leave Malta.

“My plan is to raise enough money to get Kiran back to India. He’s been abused for weeks and weeks. He wants to go home and I’m going to raise the money to get him there. I just hope that this is a learning experience. I hope he’s able to find somewhere which won’t treat him like something that fell off the back of a cattle truck.”

Graham founded the group, originally in order to fight for all residents in Malta to be able to access residential rates for utilities. Having organised a class action lawsuit against ARMS, she expected her work to be finished.

Through this work, she met many people in situations similar to Kiran’s. 

“I can’t sit at the other side of a keyboard and feel sorry for these people while doing nothing. You’ve got to get up. This has to stop.”

She added that even though this is a devastatingly common problem for so many third-country nationals living and working in Malta, it was not easy for people to come forward.

“With Kiran, I am so proud of him for finding the guts to come forward. This is what we need. The more people who come forward, the better. With Kiran, the DIER have got to allow him to make the case and then follow up online when he is safe outside of Malta.” 

Kiran articulated the same problem. He is steadfast in his decision to leave Malta, where he feels has faced nothing but discrimination, exploitation and abuse. While his intention is to leave as soon as possible, he has been informed by DIER that in order to follow through with a case against his employers or former employers, he has to remain in Malta. 

This process would take at least 2 months to get started, which would require Kiran to get another job, where he would likely be treated similarly. 

Though Graham is incensed by this situation, she was not shocked.

“Nothing shocks me anymore. Kiran is afraid. He is very very afraid. I think he’s been very brave because he’s come forward. I keep going because now, in the past couple of months, people are starting to come forward. No employee wants to hang around when the employer finds out you’ve reported them.”

Despite how difficult Puttalingaiah’s situation has clearly been, Graham emphasised that under the circumstances, he had actually been fairly fortunate. 

“He’s kind of lucky because he didn’t come via an agency. He came himself. As much as his dreams are shattered for coming to Malta to work, he doesn’t owe anybody thousands of euros. Those who do come to Malta through an agency, do their biometrics and then wait 6, 7, 8 months for their registration to be finalised are faced with an agency braying for blood. Those who arrive in Malta, only to be told ‘come back in May, there’s no work right now’ are immediately trapped by debt.”

Graham is contacted by at least 6 people in similar positions to Kiran every single week. She suggested that businesses which have been reported by staff for abusive behaviour should no longer be allowed to sponsor work permits for third country nationals. 

Graham added another policy suggestion which may appear counterintuitive. Aimed towards Indian workers especially – given that they are routinely exploited – she said:  “It has to stop. Stop issuing them visas. This is modern day slavery.” 

Though this may seem an extreme response, Graham explained her experience with those working in government organisations responsible for regulating labour practices.

“I honestly believe that people in government departments like JobsPlus and DIER do their best. They’re limited, and I sometimes ask myself how free they are to enforce. I sometimes believe they’re muzzled.”

Despite having reached out to the Prime Minister, amongst other government officials, she has not received any interest in response. 

“They’re not interested in third country nationals because they don’t have the vote. There needs to be a change at the top. I do feel that these people are muzzled. They desperately want to help, but I believe that they can’t.”

Are you in a position to help people in Kiran’s position?