Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Hours of Work (Industry) Convention, 1919 (No. 1) - Malta (Ratification: 1988)

The Committee notes the adoption and entry into force of the Organisation of Working Time Regulations (S.L. 452.87) 2004. It would appreciate receiving additional information on the following points.

Article 1 of the Convention. The Committee notes that under section 3(3)(a) of the Organisation of Working Time Regulations, 2004, the regulations do not apply where other legislation laying down more specific provisions relating to the organization of working time for certain occupations or occupational activities are in force. It also notes that according to the Government’s report, the hours of work are established by various Wage Regulation Orders (WROs) most of which prescribe that the hours of work are not to exceed eight hours in a day and 40 hours in a week. The Committee requests the Government to clarify whether it is intended that WROs continue to regulate working time with respect to specific sectors of economic activity or categories of workers and whether the Organisation of Working Time Regulations are applicable to those sectors or categories of workers covered by WROs.

Article 2. The Committee notes that section 20 of the Organisation of Working Time Regulations, 2004 provides that the statutory limits on working time may not apply in relation to a worker who has agreed with his employer in writing that these limits should not apply, provided that the employer takes the necessary measures to ensure that no worker is required to work on average more than 48 hours over a seven-day period, unless the employer has first obtained the worker’s agreement to perform such work. The Committee draws the Government’s attention to the fact that the Convention does not allow for exemption possibilities, or "opting-out" from statutory limits on working time based on individual agreements, it being understood that such an arrangement would represent a real risk of abuse and a major threat for the worker’s health and welfare. The Committee requests the Government to keep it informed of any new developments in this respect, especially in light of the ongoing debate at European Union level concerning the amendment of the 2003 Directive on working time.

Article 3. The Committee notes that under section 15(f) of the Organisation of Working Time Regulations, 2004, the rules on daily rest, rest breaks and weekly rest may not apply where the worker’s activities are affected by: (i) an occurrence due to unusual and unforeseeable circumstances beyond the control of the worker’s employer; (ii) exceptional events, the consequences of which could not have been avoided despite the exercise of all due care by the employer; or (iii) an accident or the imminent risk of an accident. The Committee requests the Government to indicate how it is ensured that the above exceptions are limited to the extent necessary to avoid serious interference with the ordinary working of the undertaking, as required by this Article of the Convention.

Article 4. The Committee notes that under section 15(c) of the Organisation of Working Time Regulations, 2004, the rules on daily rest, rest breaks and weekly rest may not apply to activities involving the need for continuity of service or production, including industries in which work cannot be interrupted on technical grounds. While noting that this provision is of a much broader scope than Article 4 of the Convention as it also includes work at docks or airports, gas, water and electricity production plants, and passenger transport services, the Committee requests the Government to indicate the provisions that ensure the application of the maximum 56-hour limit specified in this Article of the Convention.

Article 5. The Committee notes that under section 7(1) and (3) of the Organisation of Working Time Regulations, 2004, the maximum average weekly working time is calculated on the basis of a reference period which may vary from 17 to 52 weeks, that is to say from four months to one year. It also notes that section 19(2) of the Regulations provides for a reference period of 12 months for offshore workers. The Committee considers that the above provisions are not in conformity with the Convention to the extent that Article 5 permits the averaging of the hours of work only in exceptional cases (where it is recognized that the general standard of Article 2 cannot be applied) and further presupposes an agreement between workers’ and employers’ organizations which has been given the force of regulations by the Government. The Committee requests therefore that the Government supply additional explanations in this respect and also indicate the manner in which the representative employers’ and workers’ organizations were consulted before these regulations were made.

Articles 6 and 7, paragraph 1(c). The Committee notes that under section 18(a) of the Organisation of Working Time Regulations, 2004, a collective agreement may modify or exclude the application of rules on daily or weekly rest and rest breaks in relation to a group of workers. It would therefore be grateful if the Government would transmit copies of any collective agreements providing for exemptions from the statutory limits on working time for specific groups of workers.

Article 8, paragraph 1. The Committee notes that there is no provision requiring the notification of work schedules by means of the posting of notices in conspicuous places at the workplace. It therefore requests the Government to indicate the measures taken or envisaged to ensure the application of this provision of the Convention.

Part V of the report form. The Committee requests the Government to provide information on the practical application of the Convention, including, for instance, extracts from official reports and information on any difficulties encountered in the application of the Convention.