Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

Holidays with Pay Convention (Revised), 1970 (No. 132) - Malta (Ratification: 1988)

The Committee notes with interest the information provided in the Government's report, concerning the application of Articles 5(3), 5(4) and 13 of the Convention. It requests the Government to provide additional information in its next report on the following points.

Article 2 of the Convention. The Committee notes the information provided in the Government's report concerning the definition of "whole-time employees". It notes that, in various Wages Council Wage Regulation Orders and the Conditions of Employment (Regulations) Act, 1952, the definition of a "whole-time employee" is based on the number of hours worked per week, thus distinguishing whole-time employees from part-time employees. The Committee would recall that the Convention applies to all employed persons, with the exception of seafarers. The Convention provides under Article 2(2) that certain exclusions concerning limited categories of employed persons in respect of whose employment special problems of a substantial nature arise may be made from the scope of application, after consultation with the organizations of employers and workers concerned. The Government is, therefore, requested to indicate whether limited categories of part-time employees are indeed excluded from the application of the Convention and, if so, to indicate the manner in which the organizations of employers and workers concerned were consulted (Article 2(2)), the reasons for such exclusion and the position of the law and practice with respect to this category of employed persons (Article 2(3)). Please also indicate the number of part-time employees estimated in the country. If part-time employees are not excluded from the Convention, the Government is requested to indicate the measures taken to ensure the application of the Convention to this category of employed persons.

Article 6, paragraph 2. Please indicate whether and in what conditions periods of incapacity due to sickness or injury occurring during the annual holiday with pay are excluded from such holiday.

Article 7, paragraph 1. The Committee would recall that this Article provides that every person taking annual paid holiday must receive at least his or her normal or average remuneration, calculated in a manner to be determined by the competent authority or through appropriate national machinery. The Government is requested to indicate the manner in which holiday remuneration is calculated.

Article 7, paragraph 2. The Committee notes from the Government's report that payment for holidays is made by the employer during the course of employment as part of the wages when due. It would recall that this Article provides for holiday wages due to be paid to the person concerned in advance of the holiday and requests the Government to indicate the manner in which this provision is applied in practice and any steps taken or envisaged to ensure the application of this Article.

Article 8. The Committee notes from the Government's report that annual paid holiday does not necessarily have to be taken over a continuous uninterrupted period of two working weeks. It would recall that paragraph 2 of this Article provides that, when annual holiday with pay may be broken into parts, one of the parts must consist of a minimum of two uninterrupted working weeks (unless otherwise provided in an agreement between the employer and the employee). The Government is requested to indicate the measures taken to ensure that one part of a divided annual paid holiday consist of at least two uninterrupted working weeks.

Article 9, paragraph 1. The Committee would recall that Article 9(1) provides that the minimum period of uninterrupted leave of two working weeks must be granted and taken no later than one year, and the remainder of the annual paid leave no later than 18 months, from the end of the year in respect of which the holiday entitlement has arisen. The Government is requested to indicate the measures taken to ensure that the annual holiday with pay is taken within the time specified in this Article.

Article 9, paragraphs 2 and 3. (a) The Committee notes the indication in the Government's report that the accumulation of holiday leave is permitted in practice so long as there is an agreement between the employer and the trade union representing the workers in the establishment. Article 9(2) provides that any part of the annual holiday with pay which exceeds a stated minimum may be postponed, with the consent of the employed person concerned, up to a further specified time-limit. The Government is requested to indicate the minimum annual paid holiday and the time-limit referred to above which have been established, and to state whether these were established after consultation with the organizations of employers and workers concerned, by collective agreement or by another method consistent with national practice. Furthermore, the Government is requested to indicate the measures taken to ensure that any postponement of holiday leave with pay occurs with the consent of the employed person concerned.

(b) It further notes that the Professional Offices Wages Council/Wage Regulation Order, 1975, provides in section 8 that vacation leave may be given in half-day periods and may be accumulated over a period not exceeding two calendar years. The Government is requested to indicate whether this accumulation is permitted only for a holiday exceeding the minimum referred to above and, if not, to indicate the measures taken to ensure that the conditions set forth in paragraph 1 of this Article are met for all employed persons covered by the Convention.

Article 11. The Committee notes that if an employee's employment is terminated during the course of a calendar year the employer is asked to ensure that the employee is paid pro rata for leave entitlement, failing which the case is referred to Court and payment is enforceable under section 41 of the 1952 Act. Please clarify whether payment is thus enforceable in all cases, and supply a copy of section 41.

Article 12. The Committee would recall that this Article provides that any agreement to relinquish the right to a minimum annual holiday with pay is to be prohibited. The Government is requested to indicate the measures taken or envisaged to ensure the application of this Article.

Article 14 and point V of the report form. The Committee notes the indication in the Government's report that the measures for the application of the Convention are enforced by means of inspection. The Government is requested to suply with its next and future reports any relevant extracts from inspection reports and any statistics available concerning the number of employed persons covered by the legislation regulating holidays with pay and the number and nature of any contraventions of this legislation reported.