Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

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

The Committee notes that the Government’s report has not been received.

The Committee notes the comments of the International Confederation of Free Trade Unions (ICFTU) dated 10 August 2006, alleging that strikers were suspended, unions’ assets were frozen and unions were sued following industrial action. Furthermore, the ICFTU alleges death threats were made against leaders of the General Workers Union (GWU). The Committee requests the Government to take the necessary measures to conduct an inquiry concerning the alleged death threats against trade union leaders, to keep it informed of its result and to send its observations on the other comments made by the ICFTU.

Article 3 of the Convention. In its previous comments, the Committee observed that section 74 of the Employment and Industrial Relations Act, 2002 appears to substantially repeat the provisions of the repealed Industrial Relations Act, 1976, imposing a compulsory arbitration procedure for labour disputes leading to a final award binding on all parties. Furthermore, it observed that 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 1994 General Survey on freedom of association and collective bargaining, paragraph 153), the Committee again asks 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.

Finally, the Committee had noted that eight strikes were held in Malta during 2003 and requested 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, as well as 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 requests the Government to provide this information in its next report.

The Committee is addressing to the Government a direct request concerning the Employment and Industrial Relations Act, 2002.