Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Holidays with Pay Convention (Revised), 1970 (No. 132) - Malta (Ratification: 1988)

Article 6(2) of the Convention. Exclusion of days of sickness. In its previous comments, the Committee had noted that the Organisation of Working Time Regulations did not contain any provision stipulating that periods of incapacity for work resulting from sickness may not be counted as part of the minimum annual holiday with pay. The Government’s most recent report contains no information on this issue. The Committee requests once again the Government to explain how it is given effect to this requirement of the Convention.

Article 7(1). Holiday remuneration. In its previous comments, the Committee had noted the Government’s indication that holiday remuneration was calculated at the ordinary basic wage of the employee concerned. However, the Organisation of Working Time Regulations did not appear to contain specific provisions to this effect. The Government’s most recent report contains no information on this issue. The Committee requests once again the Government to indicate the provisions of the national legislation expressly defining the “usual remuneration” of the workers concerned as the basis of calculation of holiday pay.

Article 8(2). Division of annual leave into parts. In its previous comments, the Committee had noted that, under the terms of the Organisation of Working Time Regulations, annual paid holiday did not necessarily have to be taken over a continuous uninterrupted period of four weeks and four working days. In this regard, the Committee recalls that this Article of the Convention provides that, when annual holiday with pay may be broken into parts, one of the parts must consist of a minimum of two uninterrupted working weeks, unless otherwise provided in an agreement between the employer and the employee. The Government’s most recent report contains no information on this issue. The Committee requests once again the Government to indicate the measures taken to ensure that one part of a divided annual paid holiday consists of at least two uninterrupted working weeks.

Article 10. Timing of holidays. In its previous comments, the Committee had noted the Government’s indication that annual leave may be availed of on days agreed upon between the employer and employee. It noted, however, that the Organisation of Working Time Regulations did not appear to contain specific provisions in this regard. The Government’s most recent report contains no information on this issue. The Committee therefore requests the Government to specify the relevant provisions of the national legislation on this question.