Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

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

Article 11 of the Convention. Protection of wage claims in bankruptcy proceedings. The Committee notes that the Government’s last report essentially reproduces information which had already been communicated in 2008 and does not respond to the specific points raised in the Committee’s most recent comments. More concretely, the Committee had requested the Government to provide detailed particulars concerning the establishment, administration and funding of the Guarantee Fund which should ensure the payment of unpaid wages in the event of the employer’s insolvency. The Committee understands that the Guarantee Fund has been established and operates in accordance with the Guarantee Fund Regulations issued in 2003. The Committee further understands that under section 7(4) of these Regulations, the tripartite Guarantee Fund Administration Board publishes an annual activity report. The Committee would appreciate receiving a copy of the latest activity report of the Guarantee Fund Administration Board. It would also appreciate if the Government could clarify whether the guarantee institution is financed through employers’ compulsory contributions, and provide statistics on the number of claims received and amounts paid per year. In view of the recent establishment of a wage guarantee fund, the Committee once again invites the Government to consider favourably the ratification of the Protection of Workers’ Claims (Employer’s Insolvency) Convention, 1992 (No. 173), which contains the most up-to-date standards in relation to the protection of workers’ service claims, by means of a privilege or through a guarantee institution.

Articles 14(b) and 15(d). Wage statement and maintenance of wage records. The Committee notes that section 4 of the Information to Employees Regulations requires an employer to give to the employee a signed statement, not later than eight working days from the commencement of employment, which must include, among other things, the normal and the overtime rates of wages payable, the periodicity of wage payments and the conditions under which fines may be imposed by the employer. The Committee also notes that section 9 of the same Regulations requires an employer to keep a register showing in respect of each employee, among other things, the total wages paid to the employee each week. However, the Committee observes that neither the Information to Employees Regulations nor the Employment and Industrial Relations Act seem to address the issue of a wage statement to be issued at the time of each payment of wages, as provided for in Article 14(b) of the Convention. The Committee accordingly requests the Government to provide additional explanations in this regard.