Minimum Wage Fixing Convention, 1970 (No. 131) - Malta (Ratification: 1988)

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

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

Article 2 of the Convention. Minimum wages for young persons. In its previous comment, the Committee noted that the National Minimum Wage National Standard Order (Cap. 452) provides for differentiated minimum wage rates based on the worker’s age and requested the Government to indicate whether any thought had been given to the possible need to review that policy in the light of the principle of equal remuneration for work of equal value. In the absence of the Government’s reply on this point, the Committee wishes to emphasize the importance of ensuring that remuneration levels are determined on the basis of objective factors such as the quantity and quality of work performed. The Committee accordingly requests the Government to explain the reasons for maintaining a system of lower minimum wage rates for young workers and indicate how it is ensured that persons below 18 years of age are not subject to any wage discrimination as compared to adult workers when performing work of equal value.

Articles 3 and 4. Machinery to determine and adjust minimum wages. The Committee notes the information provided by the Government as to the composition and the consultative role of the tripartite Employment Relations Board in the minimum wage fixing process. The Committee also notes that the national minimum wage for adult workers, as from January 2013, is set at €162.19 per week. Moreover, the Committee notes that around 60 per cent of employees are covered by collective agreements that establish much higher pay rates. The Committee would appreciate receiving copies of any sectoral regulation orders currently in effect, as well as copies of collective agreements containing clauses on minimum pay rates.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

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:

Repetition

Article 2 of the Convention. Minimum wage for young persons. The Committee understands that young workers under 18 years of age are not entitled to the full adult minimum wage. Recalling that the practice of differentiated minimum wage rates on account of the workers’ age may under certain circumstances lead to situations that are contrary to the overriding principle of “equal remuneration for work of equal value”, the Committee would be grateful if the Government would clarify the reasons for maintaining a system of lower minimum wage rates for young persons under 18 years of age and also indicate whether any thought has been given to the possible need to review that policy in the light of the principle of equal remuneration for work of equal value. The Committee refers in this respect to paragraph 176 of its 1992 General Survey on minimum wages in which it considered that the reasons that may have prompted the adoption of reduced minimum wage rates for workers on account of their age should be regularly re-examined in the light of the principle of equal remuneration for work of equal value.

Articles 3 and 4. Machinery to determine and adjust minimum wages. The Committee notes the Government’s explanations concerning the National Standards Orders fixing the statutory minimum wage and the sectoral regulation orders establishing minimum pay levels for specific sectors of the economy, both issued by the Labour Minister on the recommendation of the tripartite Employment Relations Board. The Committee understands that the national minimum wage was last revised in 2011 and is now set at €158.11 per week. The Committee would appreciate if the Government would transmit a copy of the relevant National Standard Order. It would also appreciate receiving copies of any sectoral regulation orders presently in effect as well as sample copies of collective agreements containing clauses on minimum pay rates.

Article 5 and Part V of the report form. The Committee would be grateful if the Government would continue to provide in future reports up to date information on the practical application of the Convention, including for instance the approximate number of workers remunerated at the minimum wage rate; data on the evolution of the minimum wage in recent years, as compared to the evolution of economic indicators such as the inflation rate in the same period; statistics on labour inspection results showing the number of visits carried out, violations recorded and sanctions imposed; and copies of official documents or studies on minimum wage policy, such as activity reports of the Employment Relations Board or economic surveys serving as a basis for relevant discussions.

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

Article 2 of the Convention. Minimum wage for young persons. The Committee understands that young workers under 18 years of age are not entitled to the full adult minimum wage. Recalling that the practice of differentiated minimum wage rates on account of the workers’ age may under certain circumstances lead to situations that are contrary to the overriding principle of “equal remuneration for work of equal value”, the Committee would be grateful if the Government would clarify the reasons for maintaining a system of lower minimum wage rates for young persons under 18 years of age and also indicate whether any thought has been given to the possible need to review that policy in the light of the principle of equal remuneration for work of equal value. The Committee refers in this respect to paragraph 176 of its 1992 General Survey on minimum wages in which it considered that the reasons that may have prompted the adoption of reduced minimum wage rates for workers on account of their age should be regularly re-examined in the light of the principle of equal remuneration for work of equal value.

Articles 3 and 4. Machinery to determine and adjust minimum wages. The Committee notes the Government’s explanations concerning the National Standards Orders fixing the statutory minimum wage and the sectoral regulation orders establishing minimum pay levels for specific sectors of the economy, both issued by the Labour Minister on the recommendation of the tripartite Employment Relations Board. The Committee understands that the national minimum wage was last revised in 2006 and is now set at 59.63 lira (approximately 139 euros) per week. The Committee would appreciate if the Government would specify the national minimum wage rate currently in force and transmit a copy of the relevant National Standard Order. It would also appreciate receiving copies of any sectoral regulation orders presently in effect as well as sample copies of collective agreements containing clauses on minimum pay rates.

Article 5 and Part V of the report form. The Committee notes the statistical information contained in the Labour Force Survey for October to December 2007, especially the data on the age and sex distribution of the workforce and the gross average salary by economic activity. The Committee would be grateful if the Government would continue to provide in future reports up to date information on the practical application of the Convention, including for instance the approximate number of workers remunerated at the minimum wage rate; data on the evolution of the minimum wage in recent years, as compared to the evolution of economic indicators such as the inflation rate in the same period; statistics on labour inspection results showing the number of visits carried out, violations recorded and sanctions imposed; and copies of official documents or studies on minimum wage policy, such as activity reports of the Employment Relations Board or economic surveys serving as a basis for relevant discussions.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

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:

Article 4, paragraphs 1 and 2, of the Convention. The Committee notes that, under sections 3 to 5 of the Employment and Industrial Relations Act, 2002 (Cap. 452), the composition and mandate of the Employment Relations Board, which was formerly known as the “Labour Board”, remains practically the same. More concretely, the new advisory organ is composed, in part, of an equal number of employers’ and workers’ representatives while its main function is to make recommendations to the Minister as to any national minimum standard conditions of employment for eventual inclusion in a national standard order. The Committee notes, however, that, under the new Employment and Industrial Relations Act, provision is no longer made for wages councils and wage regulation orders. The Committee would be grateful if the Government could provide additional information on the new legislative arrangements for the determination of minimum wage levels and indicate whether the national minimum standard wage continues to reflect cost of living wage adjustments. It would also appreciate receiving copies of any national standard order establishing minimum wage rates or any wage regulation order currently in force.

Article 5 and Part V of the report form. The Committee notes that the Government has not supplied for a number of years any information on the practical application of the Convention. It requests therefore the Government to provide in its next report all available information regarding the application of the Convention in practice, including, for instance, statistics on the number of workers covered by minimum wages legislation, extracts from inspection reports showing the number of infringements and sanctions imposed, texts of judicial decisions discussing questions of principle relating to the application of the Convention as well as any other particulars bearing on the functioning of the minimum wage fixing machinery.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s report, in particular the adoption of the Employment and Industrial Relations Act, 2002 (Cap. 452) which repeals the Conditions of Employment (Regulation) Act (Cap. 135) and the Industrial Relations Act (Cap. 266).

Article 4, paragraphs 1 and 2, of the Convention. The Committee notes that, under sections 3 to 5 of the new legislation, the composition and mandate of the Employment Relations Board, which was formerly known as the "Labour Board", remains practically the same. More concretely, the new advisory organ is composed, in part, of an equal number of employers’ and workers’ representatives while its main function is to make recommendations to the Minister as to any national minimum standard conditions of employment for eventual inclusion in a national standard order. The Committee notes, however, that, under the new Employment and Industrial Relations Act, provision is no longer made for wages councils and wage regulation orders. The Committee would be grateful if the Government could provide additional information on the new legislative arrangements for the determination of minimum wage levels and indicate whether the national minimum standard wage continues to reflect cost of living wage adjustments. It would also appreciate receiving copies of any national standard order establishing minimum wage rates or any wage regulation order currently in force.

Article 5 and Part V of the report form. The Committee notes that the Government has not supplied in the last ten years any information on the practical application of the Convention. It requests therefore the Government to provide in its next report all available information regarding the application of the Convention in practice, including, for instance, statistics on the number of workers covered by minimum wages legislation, extracts from inspection reports showing the number of infringements and sanctions imposed, texts of judicial decisions discussing questions of principle relating to the application of the Convention as well as any other particulars bearing on the functioning of the minimum wage fixing machinery.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes with interest the Government's first report, as well as the Conditions of Employment (Regulation) Act (No. XI of 1952, as amended by Act No. XXI of 1969) which gives effect to most of the provisions of the Convention. Please supply information on the following point:

Article 3 of the Convention. The Committee notes that the Government states in its report that section 16 of the Act provides machinery for the automatic updating of wage levels for cost of living increases recognised by the Government. It, however, notes that the available text of the above-mentioned Act does not correspond to this explanation (section 16 prescribes the payment of wages in legal tender, directly to the employee, on week days only and not in certain premises). The Committee would appreciate clarification on this point, including copy of the updated text of the Act, and further information on the extent to and methods by which the cost of living, as well as other elements referred to in this Article of the Convention, are taken into consideration in determining the level of minimum wage.