Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

Equal Remuneration Convention, 1951 (No. 100) - Malta (Ratification: 1988)

1. Further to its previous request, the Committee notes the Government's statement in its report that the Conditions of Employment Act of 1952 is being revised by a subcommittee of the Malta Council for Economic Development. Noting the Government's intention, indicated in its previous report, to include in the Act a provision establishing equal remuneration for work of equal value, as well as sanctions against discrimination in this respect, the Committee hopes that progress will soon be made in the adoption of the proposed amendments. It requests the Government to keep it informed about any developments in this regard and to provide a copy of the text upon adoption.

2. The Committee noted, in its previous direct request, that the Minimum Wage National Standard Order LN 189 of 1995 no longer contained a provision, included in Minimum Weekly National Standard Order LN 42 of 1976, ensuring the application to all workers of the principle of equal remuneration for men and women workers for work of equal value. The Committee notes that the new National Minimum Wage Standard Order LN 272 of 1998 does not contain any distinction on the basis of sex. The Committee requests the Government to clarify whether the Minimum Weekly National Standard Order LN 42 of 1976 is still in force. Further noting that the Government does not reply to the Committee's request for precise and detailed information to enable the Committee to ascertain the extent to which Article 1(a) of the Convention is applied in practice, the Committee trusts that the Government's next report will contain full details on this matter.

3. In order to permit a precise evaluation of how far the principle of the Convention is applied in the public and private sectors, the Committee, in its previous direct request, had asked for information on the number of workers and average rates of remuneration in the public and private sectors, disaggregated by sex and job category (supplementing the tables provided in the previous report showing employment returns in the public sector (1996) and the distribution of men and women in companies governed by collective agreements in the private sector). The Committee notes the Government's statement that the statistics requested are being compiled and will be submitted soon. In this connection, the Committee refers to its general observation on this Convention of 1998 and hopes that the Government's next report will contain the necessary data to enable the Committee to assess the progress made in applying the principle of equal remuneration for men and women workers for work of equal value in both the public and private sectors. The Government is also requested to provide information on any measures taken which, in general, promote equal opportunities and equal treatment of men and women in employment which could further facilitate the practical application of the principle of the Convention.

4. The Committee notes the Government's statement in its report that labour inspectors have access to collective agreements. The Committee requests the Government to communicate information on the activities of the labour inspectorate which could demonstrate the application of the principle of the Convention through collective agreements and to provide information on violations of the principle of equal remuneration, if any, and the action taken as a consequence.