Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Social Policy (Basic Aims and Standards) Convention, 1962 (No. 117) - Malta (Ratification: 1988)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2017.

Repetition

Part II of the Convention. Improvement of standards of living. In its previous comments, the Committee requested the Government to provide information on economic and social development in Malta, including updated data illustrating that the improvement of standards of living has been regarded as the principal objective in its economic development planning. The Government indicates in its report that it has introduced various measures to encourage people, particularly those who may be disadvantaged, to enter and remain in the labour market. The Government explains that, to promote the concept of making work pay, as of 2015, an in-work benefit is paid to families with low-to-medium incomes, when both spouses are employed and have dependent children below 23 years of age, as well as to single parents in employment. The Government adds that the benefit is calculated on the basis of income after deduction of social security contributions, with no deductions taken from any other benefit to which the household may be entitled, such as the children’s allowance. The Government has also extended the established tapering of the benefits scheme available to social assistance beneficiaries who become employed if they earn at least the national minimum wage and have been in receipt of assistance for at least two years out of the past three, as well as to spouses of social assistance beneficiaries. As of 2015, this scheme is extended to single parents to encourage their participation in the labour market. The Government indicates that its policy approach continues to focus upon complementing financial benefits with a range of measures and initiatives aimed at combating poverty, promoting active inclusion and empowering disadvantaged groups to become more autonomous from the State. In this regard, the Committee notes with interest the adoption in December 2014 of a National Strategic Policy for Poverty Reduction and Social Inclusion for 2014–24 in which the Government affirms its commitment to pursuing social and economic policies that address the erosion of living standards by taking measures against poverty and social exclusion. The strategy focuses on four groups: children; the elderly; the unemployed; and the working poor. Its stated objective is to provide a policy framework that promotes well-being and improves quality of life for all, particularly for persons at risk of poverty and social exclusion, and is based on values of solidarity, equality, dignity and respect for fundamental human rights and social justice. The policy focuses on six key elements: income and social benefits; employment; education; health and environment; social services; and culture. The Committee requests the Government to provide information on the impact of the National Strategic Policy for Poverty Reduction and for Social Inclusion, 2014–24, particularly on children, the elderly, the unemployed and those in precarious employment.

Part III. Migrant workers. The Government indicates that all persons, regardless of nationality, including lawful immigrants and irregular immigrants, are entitled to receive remuneration for their work, as long as there is an employment relationship between the parties. It adds that, as a rule, irregular status does not negate a person’s labour rights. The Government indicates that employers are responsible for paying the remuneration owed to migrants they employ, when these payments become due. The Department of Industrial and Employment Relations, the body responsible for enforcing Maltese labour law, takes into account any proven employment relationship regardless of duration, and provides mechanisms under the Industrial Relations Act to ensure that all migrants, regular and irregular, have the option to lodge a claim for violation of the Act. The Committee further notes that migrant workers are entitled under Maltese law to join a trade union of their choice. The Government adds that Articles 7 to 9 of the Convention do not apply to Malta because it is a small country. The Committee requests the Government to continue to provide information on policy measures taken or envisaged to give effect to the provisions of Part III of the Convention.