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

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Malta (Ratification: 1965)

1. Referring to its previous comments relating to Case No. 1349 examined by the Committee on Freedom of Association, which concerned a collective dispute between the Government and the Movement of United Teachers, the Committee notes with satisfaction that, following its recommendation, the Government has now fully refunded the salaries of the 31 worker-students with respect to their October 1984 strike. The Committee also notes with interest that the new Government immediately set out to remedy the adverse situation of the teachers who had been the object of compulsory transfers following their strike in October/November 1984, that the affected teachers were individually consulted and that their wishes were taken into consideration, all the while taking into account the exigencies of service.

2. As regards the establishment of the Joint Negotiating Council for the public sector, provided for by section 25 of the Industrial Relations Act No. 30 of 1976, the Committee notes with interest that the Government will study its recommendation, together with other possibilities, in conjunction with the unions concerned in order to arrive at a mutually agreeable solution to this problem. The Committee recalls that Article 4 of the Convention places on the Government a positive duty to encourage and promote the full development and utilisation of machinery for voluntary negotiation of collective agreements between the State (the employer) and this category of workers (public servants not engaged in the administration of the State). The Committee requests the Government to keep it informed in its future reports of the progress achieved as concerns the Joint Negotiating Council.