Observation (CEACR) - adopted 1989, published 76th ILC session (1989)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Malta (Ratification: 1965)

Referring to its earlier comments on the compulsory disputes settlement system (sections 27 and 34 of the Industrial Relations Act, 1976), the Committee notes the reply of the Government stating that compulsory arbitration has existed in this country since 1949, that it constitutes a means of promoting the quick settlement of industrial disputes without protracted industrial action, that unions and employers have so far always respected the awards of the Industrial Tribunal, and that the latter's effectiveness and credibility would be seriously impaired if its decisions were not binding on both parties. The Government also states that it is carefully studying the observations of the Committee and that they will be given due weight when introducing a Bill in Parliament to amend the Industrial Relations Act.

The Committee points out that binding arbitration procedures whether or not preceded by a conciliation step must be designed to facilitate bargaining between the two sides. This means that it should be for the parties to decide whether or not they wish to refer any matters in dispute to binding arbitration. However, given that section 27 of the Industrial Relations Act 1976 empowers the Minister, when the conciliation efforts have not produced a settlement, to refer a dispute to the Industrial Tribunal at the request of any of the parties, and since the award of the tribunal is binding and entails the prohibition of recourse to strikes, the Committee can only insist that such prohibitions or interruptions of strikes should be confined: (a) to public servants acting in their capacity as agents of the public authority; (b) to services whose interruption would endanger the life, the personal safety or health of the whole or part of the population, or (c) in situations of acute national crisis.

The Committee can only insist that the Government should re-examine the situation in the light of its comments and take the necessary measures in the near future to bring its legislation into conformity with Article 3 of the Convention, and requests to keep it informed of developments in that respect.