Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

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

Articles 1 and 2 of the Convention. Application in law. The Committee notes with interest the adoption on 9 December 2003 of the Equality for Men and Women Act (No. 1), 2003, prohibiting direct and indirect discrimination based on sex or family responsibilities, as well as the adoption in December 2002 of the Employment and Industrial Relations Act (No. 22), 2002. Further to previous comments, it notes with satisfaction that section 27 of the Employment and Industrial Relations Act sets out the principle of equal remuneration for men and women workers for work of equal value and that the definition of wages is sufficiently broad to include other emoluments (section 2), in accordance with Article 1 of the Convention. It further notes that a worker alleging unequal payment for work of equal value may, within four months of the alleged discrimination, lodge a complaint with the Industrial Tribunal (section 30(1)) and that such workers are protected against victimization (section 28). The Government is asked to provide information on the application and impact of these new legal provisions in relation to promoting equal remuneration between men and women.

The Committee is raising other points in a request addressed directly to the Government.