Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

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

The Committee notes the information provided by the Government in its reports. The Committee regrets once again that the Government has taken no action to amend the provisions on compulsory arbitration at the request of one of the parties in its Industrial Relations Act. The Committee would emphasize that it has been making its comments on this incompatibility with the Convention since the 1970s. In its most recent report, the Government merely indicates that the Malta Council for Economic Development on which Government, trade unions and employers' organizations are represented has not published draft proposals for an amendment to the Industrial Relations Act.

Recalling that since 1989 the Government has stated that it would take action to amend the Act, the Committee would reiterate once again that the Government should indicate in its next report the measures that have been taken to bring its legislation into conformity with the Convention. This could be done notably by establishing a system in which recourse to binding arbitration involving the prohibition or interruption of strikes is confined to: (a) public servants exercising authority in the name of the State; (b) essential services whose interruption would endanger the life, personal safety or health of the whole or part of the population; (c) situations of acute national crisis; or (d) cases in which both parties request such arbitration.

Furthermore, the Committee would once again remind the Government that the International Labour Office is at its disposal for any assistance that may be needed in formulating amendments which will give effect to the Convention.