Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

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. It notes that the representatives on the tripartite Malta Council for Economic Development have agreed that there is a need to improve the machinery available for conciliation in trade disputes so as to promote speedy, voluntary settlements and to improve and expedite the arbitration procedures. It further notes the Government's indication that the consultation process has reached an advanced and delicate stage which will hopefully lead to the presentation of amendments to the Industrial Relations Act to Parliament within the not too distant future.

The Committee must recall that it has been making comments on the incompatibility between the Industrial Relations Act and the provisions of the Convention since 1970. It must therefore regret that the Government has only been able to reiterate its previous indications that the proposals to amend the Act are being studied by the Malta Council. It would recall that the discrepancies between the legislation and the Convention have to do, in particular, with the broad use of compulsory arbitration, whereas recourse to such arbitration should be restricted to the following cases: (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 arbitration.

The Committee hopes that the Government will take the necessary measures in the very near future to bring its legislation into conformity with the Convention and recalls that ILO technical assistance is available to assist in the formulation of amendments to give effect to the Convention if the Government so desires.