Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Protection of Wages Convention, 1949 (No. 95) - Malta (Ratification: 1965)

The Committee notes with interest the adoption of the Employment and Industrial Relations Act (Cap. 452) of 2002 which consolidates the Conditions of Employment (Regulation) Act (Cap. 135) and the Industrial Relations Act (Cap. 266). It also notes the adoption of the Information to Employees Regulations of 2003 (Subsidiary Legislation 452.83). More concretely, the Committee notes that although Part III of the Employment and Industrial Relations Act essentially reproduces the provisions of the Conditions of Employment (Regulation) Act concerning the protection of wages, certain new provisions have been introduced, for instance, section 21 establishing a wage guarantee fund (the “Guarantee Fund”), section 11(1) expressly referring to the payment of wages by bank transfer, and section 20 limiting the wage claims to be treated as privileged debts to three months’ pay. It requests the Government to keep the Office informed of any developments concerning the setting up and operation of the Guarantee Fund and takes this opportunity to draw the Government’s attention to the Protection of Workers’ Claims (Employer's Insolvency) Convention, 1992 (No. 173), which sets out up to date standards with respect to protection of workers’ claims by a guarantee institution.

Articles 14(b) and 15(d) of the Convention. Wage particulars and maintenance of adequate records. The Committee notes that section 14 of the Conditions of Employment (Regulation) Act on records of employees to be maintained by the employer has been slightly revised and incorporated into section 9 of the Information to Employees Regulations. It also notes, however, that section 26(3) of the Conditions of Employment (Regulation) Act which provided for a register of every deduction made in the form of fine does not appear to be reflected any longer in the consolidated labour legislation or the accompanying regulations. The Committee would appreciate receiving additional explanations on the legal provisions giving effect to the requirements of the Convention regarding the issue of wage statements at the time of each payment of wages.

Part V of the report form. Noting that the Government has practically never provided general information on the practical application of the Convention since its ratification, the Committee requests the Government to provide together with its next report up to date information in this regard including, for instance, statistics on the number of workers covered by relevant legislation, extracts from labour inspection reports showing the number and nature of wage-related infringements reported and sanctions imposed, copies of collective agreements containing clauses on pay conditions, or of official documents addressing wage issues, etc.