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

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Part II of the Convention. Improvement of standards of living. In its previous comments, the Committee requested the Government to provide information on the impact of the National Strategic Policy for Poverty Reduction and for Social Inclusion, 2014–24, particularly its impact on children, the elderly, the unemployed and those in precarious employment. In its “Implementation and Evaluation Report 2014-2016” (the Report), the Government indicates that, during the 2014–16 period, it has implemented a number of measures to combat poverty and promote social inclusion through 94 strategic policy actions across six policy fields. It adds that the percentage of people at risk of poverty and social exclusion declined from 23.8 per cent in 2014 to 19.3 per cent in 2017. In this context, the Government reports on a variety of measures implemented to promote financial literacy, inclusive further and higher education in formal, informal and non-formal settings, and youth employment, including through a National Apprenticeship Scheme which benefited over 1000 apprentices for the year 2016–17; as well as measures aimed to enhance investment and job creation for disadvantaged groups. With regard to the income and social benefits elements of the Policy, the Committee notes that, to promote a good standard of living for all, tapering of benefits was extended to single parents with children under the age of 23. In 2016, 2,485 persons benefited from this scheme. The Government has also extended the in-work benefit to families and married couples with children under 23, where only one person in a married couple is in gainful employment and where a couple has an income that falls below a specific amount. In this respect, the Committee notes that, in 2016, 1,147 persons accessed this benefit. Moreover, work–life balance in Malta is facilitated by measures which include parental leave, flexi-time, teleworking and reduced working hours. Additional measures implemented to encourage female participation in the labour force include free childcare centres. As of December 2016, a total of 9,734 children had benefited from the free childcare scheme, breakfast clubs and after-school care services. The Committee notes that, to improve standards of living for the elderly, the Government has consolidated the pension system through introducing initiatives such as a full pension entitlement to persons who continue working beyond the statutory retirement age, and a senior citizen’s grant pursuant to which, since 2015, an annual allowance is paid to persons aged 75 and over who live in the community. In 2016, the senior citizens’ grant benefited 29,623 persons whereas 12,763 persons benefited from a bonus intended for persons aged 62–74 who are not entitled to a pension. With regard to measures aimed at addressing precarious employment, the Government reports on the enactment of the Public Procurement (Amendment) Regulations in 2015, which ensure that contractors awarded contracts through the public procurement process comply with national employment law and align the salaries of persons employed by private contractors with the salaries of government employees performing similar duties. The Committee notes the Government’s indication that, given that the Government collective agreement remains in force until 2024, the salaries of persons employed by private contractors in this context will be reviewed annually to reflect changes in hourly rate. The Government further indicates that, in order to promote activation and create more employment opportunities, it has implemented a set of measures placing a particular focus on women and disadvantaged groups, including the Access to Employment Scheme, which promotes the recruitment of members of disadvantaged groups. In addition, the Committee notes that the Work Programme Unit seeks to up-skill long-term unemployed persons, reintegrate them into the labour market, and ensure their work retention. By the end of 2016, 1,168 persons benefited from this scheme. Additionally, the Committee notes that, according to the Report, the percentage of long term unemployed persons in Malta declined from 2.7 per cent in 2014 to 1.9 per cent in 2016 whereas, between 2014 and 2016, 14,000 people were lifted out of poverty. It also notes that the National Strategic Policy for Poverty Reduction and for Social Inclusion, the main policy document for combating poverty and social exclusion, is complemented by a number of additional measures aimed at promoting wellbeing of the population, such as the National Strategic Policy for Active Ageing 2014-2020. The Committee requests the Government to continue to provide information on the nature and impact of all measures taken to give effect to Part II of the Convention, particularly the measures implemented within the framework of the National Strategic Policy for Poverty Reduction and for Social Inclusion, 2014–24 which focus on children, the elderly, the unemployed and those in precarious employment. It further requests the Government to provide detailed information on the impact and practical application of the 2015 Public Procurement (Amendment) Regulations.

Part III. Migrant workers. Noting that the Government has provided no updated information in this regard, the Committee reiterates its request that the Government provide up-to-date information on policy measures taken or envisaged to give effect to the provisions of Part III of the Convention.

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

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.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

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.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes with regret 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.

Repetition

Part II of the Convention. Improvement of standards of living. The Committee notes the Government’s report which contains general information on the activities of the Departments of Agriculture and Social Security. The Government indicates that the information requested by the Committee in its previous comments is still being compiled and will be submitted in due course. The Committee requests the Government to provide information regarding the 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 the planning of economic development.

Part III. Migrant workers. The Government indicates that migrant workers who are on an employment contract and who pay national insurance contributions are covered for their normal family needs with respect to health, education and social benefits. The Committee requests the Government to provide information on migration policy measures taken in relation with Articles 6 to 9 of the Convention.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

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.

Repetition

Part II of the Convention. Improvement of standards of living. The Committee notes the Government’s report which contains general information on the activities of the Departments of Agriculture and Social Security. The Government indicates that the information requested by the Committee in its previous comments is still being compiled and will be submitted in due course. The Committee requests the Government to provide information regarding the 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 the planning of economic development.

Part III. Migrant workers. The Government indicates that migrant workers who are on an employment contract and who pay national insurance contributions are covered for their normal family needs with respect to health, education and social benefits. The Committee requests the Government to provide information on migration policy measures taken in relation with Articles 6 to 9 of the Convention.

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

Part II of the Convention. Improvement of standards of living. The Committee notes the Government’s report which contains general information on the activities of the Departments of Agriculture and Social Security. The Government indicates that the information requested by the Committee in its previous comments is still being compiled and will be submitted in due course. The Committee requests the Government to provide information regarding the 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 the planning of economic development.

Part III. Migrant workers. The Government indicates that migrant workers who are on an employment contract and who pay national insurance contributions are covered for their normal family needs with respect to health, education and social benefits. The Committee requests the Government to provide information on migration policy measures taken in relation with Articles 6 to 9 of the Convention.

[The Government is asked to reply in detail to the present comments in 2015.]

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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its 2009 direct request, which read as follows:

Repetition

1. Parts II and VI of the Convention. Improvement of standards of living – education and training. The Committee notes the information contained in the Government’s report received in May 2009, in reply to its 2005 direct request. The Government refers to the policies developed by the Malta Environment and Planning Authority in areas such as housing, social and community facilities, commerce and industry, agriculture, tourism, transport, urban and rural conservation. The Government also refers to measures implemented by the Department of Agriculture in order to grant financial assistance to farmers and fishermen, including members of cooperatives. As concerns education and training, the Government indicates that the Employment and Training Corporation offers a wide range of services in collaboration with trade unions and employers’ associations, which are represented on its board of directors. The Committee notes that Malta’s National Reform Programme 2008–10 places the focus on human resources development as a key factor for the economic development of the country. The Committee invites the Government to provide in its next report further information dealing with 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 the planning of economic development.

2. Part III. Migrant workers. The Government indicates that the Department of Industrial and Employment Relations proactively approaches organizations which assist migrants, asylum seekers and refugees in order to disseminate information on the employment legislation and conditions of work. The Committee invites the Government to continue supplying information on migration policy measures taken in relation with Articles 6–9.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

1. Parts II and VI of the Convention. Improvement of standards of living – education and training. The Committee notes the information contained in the Government’s report received in May 2009, in reply to its 2005 direct request. The Government refers to the policies developed by the Malta Environment and Planning Authority in areas such as housing, social and community facilities, commerce and industry, agriculture, tourism, transport, urban and rural conservation. The Government also refers to measures implemented by the Department of Agriculture in order to grant financial assistance to farmers and fishermen, including members of cooperatives. As concerns education and training, the Government indicates that the Employment and Training Corporation offers a wide range of services in collaboration with trade unions and employers’ associations, which are represented on its board of directors. The Committee notes that Malta’s National Reform Programme 2008–10 places the focus on human resources development as a key factor for the economic development of the country. The Committee invites the Government to provide in its next report further information dealing with 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 the planning of economic development.

2. Part III. Migrant workers. The Government indicates that the Department of Industrial and Employment Relations proactively approaches organizations which assist migrants, asylum seekers and refugees in order to disseminate information on the employment legislation and conditions of work. The Committee invites the Government to continue supplying information on migration policy measures taken in relation with Articles 6–9.

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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Parts II and VI of the Convention. Improvement of standards of living – education and training. The Committee notes that Malta became a Member State of the European Union in 2004 and that, under its National Action Plan for Employment, the specific priorities to be implemented are the following: increasing the adaptability of workers and enterprises; attracting more people to the labour market; and investing more and more effectively in human capital and lifelong learning. It hopes that the next report on the application of the Convention will contain practical information dealing with 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 the planning of economic development.

2. Part III. Migrant workers. In reply to previous comments, the Committee notes with interest the information contained in the Government’s report received in August 2003, referring to the provisions of Legal Notice 430 of 2002 by which the conditions of work which are given to posted employees who are authorized to work in Malta shall not be less than the minimum conditions of work given to a comparable employee by virtue of the Employment and Industrial Relations Act, 2002, regulating the class of employment of the posted employee in the same place of work. All posted employees shall be entitled to receive equality of treatment as comparable Maltese employees and, in particular, they shall have equal access to employment rights and health and safety rights under Maltese law. The Government also states that no restrictions are made on the transfers of wages and savings of migrant workers. Please continue to report on migration policy measures taken in relation with Articles 6–9 of the Convention.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. Parts II and VI of the Convention. Improvement of standards of living - education and training. The Committee notes that Malta became a Member State of the European Union in 2004 and that, under its National Action Plan for Employment, the specific priorities to be implemented are the following: increasing the adaptability of workers and enterprises; attracting more people to the labour market; and investing more and more effectively in human capital and lifelong learning. It hopes that the next report on the application of the Convention will contain practical information dealing with 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 the planning of economic development.

2. Part III. Migrant workers. In reply to previous comments, the Committee notes with interest the information contained in the Government’s report received in August 2003, referring to the provisions of Legal Notice 430 of 2002 by which the conditions of work which are given to posted employees who are authorized to work in Malta shall not be less than the minimum conditions of work given to a comparable employee by virtue of the Employment and Industrial Relations Act, 2002, regulating the class of employment of the posted employee in the same place of work. All posted employees shall be entitled to receive equality of treatment as comparable Maltese employees and, in particular, they shall have equal access to employment rights and health and safety rights under Maltese law. The Government also states that no restrictions are made on the transfers of wages and savings of migrant workers. Please continue to report on migration policy measures taken in relation with Articles 6-9 of the Convention.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information supplied by the Government in its report, and asks it to furnish additional information on the following points.

Article 8(3) of the Convention. The Committee notes the Government’s statement that no restriction hinders the transfers of wages and savings of migrant workers, and that no specific measures have been taken in this regard. With reference to its previous comments, the Committee again asks the Government to indicate the measures taken or envisaged to facilitate the transfer of a part of the workers’ wages and savings to their homes, in conformity with the provisions of the Convention in this respect.

Part V of the report form. The Committee notes the information that 48 collective agreements have been concluded in 2000, by virtue of section 10(2) of the Conditions of Employment Law. It asks the Government to continue to supply information on the practical application of the Convention, including, for instance, extracts of official reports, copies of collective agreements or decisions of conciliatory bodies, as well as information on any practical difficulties encountered in the application of the Convention.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes with regret that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which reads as follows:

Article 8, paragraph 2, of the Convention.  Further to its previous direct request, the Committee notes the copies of social security agreements that Malta has entered into with Canada, Australia and the Libyan Arab Jamahiriya, annexed to the Government’s report.

Article 8, paragraph 3.  In the absence of a response in the Government’s report, the Committee again requests the Government to indicate whether measures have been taken to facilitate the transfer of migrant workers’ wages and savings.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 8, paragraph 2, of the Convention. Further to its previous direct request, the Committee notes the copies of social security agreements that Malta has entered into with Canada, Australia and the Libyan Arab Jamahiriya, annexed to the Government's report.

Article 8, paragraph 3. In the absence of a response in the Government's report, the Committee again requests the Government to indicate whether measures have been taken to facilitate the transfer of migrant workers' wages and savings.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

Article 8, paragraph 2, of the Convention. Further to its previous direct request, the Committee notes the copies of social security agreements that Malta has entered into with Canada, Australia and Libya, annexed to the Government's report.

Article 8, paragraph 3. In the absence of a response in the Government's report, the Committee again requests the Government to indicate whether measures have been taken to facilitate the transfer of migrant workers' wages and savings.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

Article 8, paragraph 2, of the Convention. Further to its previous direct request, the Committee notes the copies of social security agreements that Malta has entered into with Canada, Australia and Libya, annexed to the Government's report.

Article 8, paragraph 3. In the absence of a response in the Government's report, the Committee again requests the Government to indicate whether measures have been taken to facilitate the transfer of migrant workers' wages and savings.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

Article 8, paragraphs 2 and 3. The Committee noted that, according to the Government's report, it had entered into reciprocal social security agreements with certain governments, covering migrant workers. The Committee asks the Government to provide a copy of these agreements. Please indicate also whethre measures have been taken to facilitate the transfer of migrant workers' wages and savings.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

Article 8, paragraphs 2 and 3. The Committee noted that, according to the Government's report, it had entered into reciprocal social security agreements with certain governments, covering migrant workers. The Committee asks the Government to provide a copy of these agreements. Please indicate also whethre measures have been taken to facilitate the transfer of migrant workers' wages and savings.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee takes note of the Government's first report. The Committee also notes the information communicated by the FAO in its letter of 25 February 1991.

Article 8, paragraphs 2 and 3. The Committee notes that, according to the Government's report, it has entered into reciprocal social security agreements with certain Governments, covering migrant workers. The Committee asks the Government to provide a copy of these agreements. Please indicate also whether measures have been taken to facilitate the transfer of migrant workers' wages and savings.

Article 14. The Committee asks the Government to refer to its direct request under Convention No. 111.