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

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

The Committee takes note of the information provided in the Government’s report. It further notes that the Employment and Industrial Relations Act, 2002, replaces the Industrial Relations Act, 1976.

Article 3 of the Convention. The Committee notes with interest the provision of compensatory guarantees in section 72 of the Employment and Industrial Relations Act, 2002, in relation to those workers employed in the specified essential services and minimum services whose right to strike is limited or denied.

The Committee observes that section 74 of the Act appears to substantially repeat the provisions of the repealed Industrial Relations Act, 1976, imposing a compulsory arbitration procedure for labour disputes leading to a final award binding on all parties. It is unclear, however, whether the jurisdiction of the Industrial Tribunal pursuant to section 75(1) of the Act is limited to binding decisions on disputes of rights, or will also allow binding decisions in relation to disputes of interest. Noting that restrictions on strike action through a compulsory arbitration procedure constitute a prohibition that seriously limits the means available to trade unions to further and defend the interest of their members, as well as their right to organize their activities and to formulate their programmes (see General Survey on freedom of association and collective bargaining, 1994, paragraph 153), the Committee requests the Government to clarify whether the Industrial Tribunal’s jurisdiction is limited to questions arising from disputes of right, or whether it is also entitled to hear disputes of interest and issue binding decisions thereon.

Further, the Committee notes the information provided by the Government that eight strikes were held in Malta during 2003 and requests the Government to provide details of how each of these strikes were resolved and, in particular, whether they were resolved by recourse to the Industrial Tribunal. The Committee requests the Government to continue to provide information on the number of strikes and use of the Minister’s power to refer disputes to the Industrial Tribunal at the request of only one party.

The Committee is addressing a request concerning further matters raised by the Employment and Industrial Relations Act, 2002, directly to the Government.