Texts of pending comments

Articles 2 and 5 of the Convention. Effective tripartite consultation. The Committee welcomes the Government’s first report on the application of the Convention. It notes the Government’s indication that the most representative organizations of employers and workers in Malta for the purpose of the Convention are: the General Workers’ Union (GWU); the Confederation of Malta Trade Unions (CMTU); the Malta Employers’ Association (MEA); and the Malta Chamber of Commerce, Enterprise and Industry. The Government refers to the tripartite Employment Relations Board (ERB) as the de facto consultation mechanism for all matters related to employment law, industrial relations and ILO matters. Since the Convention was ratified by Malta in 2019, the ERB has held consultations with respect to the matters on the agenda of the 108th Session of the International Labour Conference, including on the draft of the Violence and Harassment Convention (No. 190) and the Centenary Declaration on the Future of Work. Stakeholders were also asked for their comments on government responses to article 22 reports. On 6th April 2021, the ERB was also consulted with respect to the possible ratification of the Domestic Work Convention, 2011 (No. 189) and on the submission of the Violence and Harassment Recommendation, 2019 (No. 201) and the Employment and Decent Work for Peace and Resilience Recommendation, 2017 (No. 205) to Malta’s competent authority (the House of Representatives). The Government adds that ERB meetings are held monthly and that items are placed on the agenda for consultation as the need arises. The Committee notes, however, that the Government does not provide information on tripartite consultations held with regard to other matters concerning international labour standards under Article 5(1), such as questionnaires on Conference agenda items (Article 5(1)(a)); the re-examination at appropriate intervals of unratified Conventions and of Recommendations to which effect has not yet been given (Article 5(1)(c)); and the possible denunciation of ratified Conventions (Article 5(1)(e)). The Committee requests the Government to provide updated detailed information on the content and outcome of tripartite consultations held on all matters concerning international labour standards covered by Article 5(1)(a) through (e) of the Convention, including tripartite consultations held with respect to the possible ratification of Convention No. 189.

The Committee takes note of the observations of the General Workers’ Unions (GWU) received on 31 August 2019, which denounce violations of the right to organize in practice. The GWU alleges that various employers and contractors circumvent the legislative provisions on freedom of association by depriving their workers of their right to join trade unions. The Committee requests the Government to provide its comments in this regard.

Article 2 of the Convention. Right to establish organizations without previous authorization. The Committee previously observed that section 51 of the Employment and Industrial Relations Act, 2002 (EIRA) provides that a trade union or an employers’ association and any member, officer or other official thereof, may not perform any act in furtherance of any of the purposes for which it is formed unless such union or association has first been registered, and that the penalty for contravention of this provision is a fine not exceeding €1,165. It requested the Government to take the necessary measures to repeal section 51 of the EIRA. The Committee notes that the Government indicates that: (i) registration is important so that trade unions, employers’ associations and their members can be officially recognized and able to effectively engage in collective bargaining; (ii) registration is free; and (iii) the annual reporting system provides data on the abovementioned organizations, which helps determine their activity level. The Committee recalls once again that the official recognition of an organization through its registration constitutes a relevant aspect of the right to organize, as it is the first measure to be taken so that organizations can fulfil their role effectively. At the same time, the Committee also recalls that the exercise of legitimate trade union activities should not be dependent upon registration, nor should the exercise of such legitimate activities be subject to penalties. The Committee reiterates its request for the Government to take the necessary measures to repeal section 51 of the EIRA.

Article 3. Right of organizations to freely organize their activities and to formulate their programmes. In its previous observations, the Committee requested the Government to amend section 74(1) and (3) of the EIRA – according to which, if an amicable settlement of a trade dispute and conciliation has not resulted in a settlement, one of the parties may notify the Minister, who shall refer the dispute to the Industrial Tribunal for settlement – so as to ensure that compulsory arbitration to end a collective labour dispute is only possible in the case of disputes in the public service involving public servants exercising authority in the name of the State or in essential services in the strict sense of the term. The Committee notes the Government’s indication that: (i) the mechanism provided by the abovementioned section is to be used in case of failure of conciliation as facilitated under section 69 of the EIRA; (ii) the purpose of the Industrial Tribunal would be gravely undermined if a party could not challenge another party unless the latter agrees; and (iii) since the Industrial Tribunal has exclusive jurisdiction on trade disputes, the parties cannot resort to other means such as the civil courts. The Committee once again recalls that recourse to compulsory arbitration to bring an end to a collective labour dispute is only acceptable when the two parties to the dispute so agree, or when a strike may be restricted or prohibited – that is, in the case of disputes concerning public servants exercising authority in the name of the State, essential services in the strict sense of the term or situations of acute national crisis. It further recalls that accordingly, the failure of conciliation and the existence of protracted disputes are not per se elements which justify the imposition of compulsory arbitration. The Committee urges the Government to take the necessary measures to modify section 74(1) and (3) of the EIRA to ensure that compulsory arbitration may only take place with the approval of both parties or in circumstances in which a strike can be restricted or prohibited. The Committee requests the Government to inform on any developments in this respect.

Article 9. Armed forces and the police. The Committee previously noted with interest the adoption of the Various Laws (Trade Union Membership of Disciplined Forces) Act, 2015 which amended the EIRA by adding a new section 67A, which gave members of the disciplined forces the right to become members of a registered trade union of their choice. It invited the Government to provide information on the application in practice of section 67A of the EIRA, in particular whether any trade unions have been formed and registered under this provision and the number of their members, and also whether any requests for such trade union registration are under consideration or have been rejected. The Committee notes the Government’s indication that 1,189 members have registered with the Malta Police Association, 1,356 members have registered with the Police Officers Union and 165 members have registered with the Union of Civil Protection. It also notes that the Government points out that there have been no further requests for such unions to be registered, and no requests have been rejected. The Committee invites the Government to continue providing information on the practical application of section 67A of the EIRA.

The Committee takes note of the observations of the General Workers’ Union received on 31 August 2019 referring to matters examined in this comment.

Article 1 of the Convention. Adequate protection against acts of anti-union discrimination. In its previous observations, the Committee had requested the Government to indicate the procedures applicable for the examination of allegations of anti-union dismissals submitted by public officers, port workers and public transport workers given that, pursuant to the Employment and Industrial Relations Act, 2002 (EIRA) those categories are excluded from the jurisdiction of the industrial tribunal.

Concerning the public officers, the Committee had noted that they could appeal to the Public Service Commission (PSC), an independent body, and requested the Government to indicate whether the PSC was empowered to grant such compensatory relief as to constitute sufficiently dissuasive sanctions against acts of anti-union discrimination. The Committee notes that the Government informs that: (i) according to the provisions of the PSC Disciplinary Regulations, public officers may only be dismissed upon recommendation of the PSC; (ii) the PSC recommends the dismissal of a public officer after the finding of guilt for having committed an offence listed in the Schedule of offences and penalties appended to the PSC Disciplinary Regulations; (iii) union activity is not considered a disciplinary offence and therefore is not listed in the Schedule; (iv) as there are a number of safeguards which need to be observed prior to the dismissal of a public officer, it is highly unlikely that a public officer could be dismissed from the public service for anti-union reasons, and (v) information about compensatory relief in case of anti-union dismissal of public officers is not currently being sought from the PSC. Regarding the port workers, the Committee notes that the Government indicates that: (i) they are licensed and registered under the terms of the relevant regulations; (ii) all licensed port workers are represented by the Malta Dockers Union; and (iii) the Port Workers Board, which is partly composed by representatives of the Malta Dockers Union, acts as a disciplinary board. The Committee takes due note of the elements provided by the Government concerning the procedures that precede the dismissal of public officers, on the one hand, and port workers, on the other hand, and that contribute to prevent the occurrence of anti-union dismissals. The Committee requests however the Government to indicate before which body the public officers and the port workers may appeal against decisions taken by the PSC and the Port Workers Board, respectively, in case they consider they were subject to anti-union dismissals.

Concerning the public transport workers, the Committee notes that the Government informs that: (i) scheduled public transport workers are employed by a private company and the Union UMH is recognized as their trade union; and (ii) collective grievances are raised through this union to the company’s management. The Committee reiterates its request for the Government to indicate the specific procedures applicable for the examination of allegations of anti-union dismissals concerning scheduled public transport workers.

The Committee also previously observed that the general sanctions set by section 45(1) of the EIRA might not be sufficiently dissuasive, particularly for large enterprises, and requested the Government to take the necessary measures, after consultation with the social partners, to provide for sufficiently dissuasive sanctions for acts of anti-union discrimination. The Committee notes that the Government indicates that it is currently conducting an exercise with the social partners to review and update the EIRA but does not foresee any changes to section 45(1) at this stage. The Committee requests the Government to take the necessary measures within the framework of the revision of the EIRA to bring the legislation into conformity with the Convention by ensuring that sufficiently dissuasive sanctions are provided for acts of anti-union discrimination.

Articles 2 and 3. Adequate protection against acts of interference. The Committee previously requested the Government to indicate the measures taken or contemplated so as to introduce in the legislation an explicit prohibition of acts of interference, as well as sufficiently dissuasive sanctions against such acts. The Committee notes with regret that the Government, in its report, merely reiterates its position that parties who feel wronged by another party’s acts of interference can institute a civil action for damages before the courts of civil jurisdiction. The Committee recalls that Article 2 of the Convention requires the prohibition of acts of interference by organizations of workers and employers (or their agents) in each other’s affairs, designed in particular to promote the establishment of workers’ organizations under the domination of employers or employers’ organizations, or to support workers’ organizations by financial or other means, with the object of placing such organizations under the control of employers or employers’ organizations. The Committee once again requests the Government to take the necessary measures to adopt specific provisions prohibiting acts of anti-union interference, coupled with rapid appeal procedures and sufficiently dissuasive sanctions.

Article 4. Promotion of collective bargaining. The Committee had previously requested the Government to indicate the measures taken or contemplated with a view to amending section 6 of the National Holidays and Other Public Holidays Act, so as to ensure that this provision: (i) does not render automatically null and void any provisions in existing collective agreements which grant workers the right to recover public holidays falling on a Saturday or Sunday; and (ii) does not preclude voluntary negotiations in the future over the issue of granting workers the right to recover national or public holidays which fall on a Saturday or Sunday on the basis of a collective agreement. The Committee notes with interest the Government’s indication that the above-mentioned provision has been amended and now stipulates that when a national holiday or a public holiday listed in the Schedule falls on a Saturday or on a Sunday, it shall be deemed to be a public holiday for the purposes of entitling any person to a day of vacation leave in addition to the leave entitlement for that particular year.

Article 5. Armed forces and the police. In its previous observation, the Committee noted with interest the adoption of the Various Laws (Trade Union Membership of Disciplined Forces) Act, 2015 which amended the EIRA by adding a new section 67A, which gave members of the disciplined forces the right to become members of a registered trade union of their choice and stipulated that their organizations were entitled to negotiate the conditions of employment of their members. The Committee had requested the Government to provide information on the practical application of article 67A. The Committee examines the information provided by the Government in this respect under its comments concerning the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87).

Article 2 of the Convention. National policy concerning nursing services and nursing personnel. The Committee welcomes the detailed information provided by the Government in its report. In particular, the Committee notes the implementation of the “National Health Systems Strategy for Malta 2014-20” (NHSS), which aims to provide every individual with the opportunity to lead a healthy and active life, and to benefit from equitable access to sustainable quality health care. The NHSS was developed with the technical assistance of the WHO, following an extensive consultation process with a wide range of stakeholders, including health care workers, health care organisations and health authorities. The NHSS is based on a “people-centred” approach, which recognizes four major groups of stakeholders involved in its implementation, including health practitioners (such as nursing personnel). In this regard, the NHSS envisages the involvement of health workers in health care governance and policy decision- making. The NHSS includes among its main objectives the improvement of the quality of care available, by ensuring consistency of care delivered by competent health workers. With a view to achieving this goal, the NHSS establishes a set of initiatives to raise standards for the professional development of health workers in the framework of a patient-centered approach. These initiatives include: strengthening the provision of training, including providing for training in relation to specialization and for the continued professional development of all health workers; moving forward with the development and implementation of the competency programmes for all groups of health care workers; piloting a mentoring programme for newly recruited employees; and supporting associations of health workers in taking steps to improve their continued professional development to in turn improve career advancement opportunities. The Committee also notes the information provided by the Government in relation to the “Health Workforce Planning Framework for Malta 2010-20”, which includes a detailed analysis of the impact of the different components of policy interventions implemented with respect to nursing personnel and nursing services. The Framework evaluates the policy interventions implemented in relation to: nursing workforce planning (planning capacity and stakeholder information); recruitment and retention (including financial and non-financial incentives, career structure and opportunities, nurse involvement in decision making); the deployment and performance of nurses (financial and non-financial incentives, data on activity and workforces, allocation of necessary equipment and material); and effective utilisation of their qualifications in the various health-care establishments (effective strategic management, financial and non-financial incentives, nurse involvement in decision making). Based on this evaluation, the Framework establishes projections of the number of nurses needed and of those available for the period 2010-20 and calculates the minimum standard nurse-to patient ratios needed to deliver adequate hospital services in the country. The Government does not indicate whether the Framework was developed in consultation with the employers’ and workers’ organizations concerned. The Committee requests the Government to provide detailed updated information on the nature and impact of measures implemented in the framework of the “National Health Systems Strategy for Malta 2014-20” and the “Health Workforce Planning Framework for Malta 2010-20”, particularly with respect to measures taken to improve the working conditions, career opportunities and professional competencies of nursing personnel. It also requests the Government to indicate whether the employers' and workers' organisations concerned, including the Malta Union of Midwives and Nurses (MUMN), were consulted in the development of measures taken or envisaged. In the context of the global COVID-19 pandemic, the Committee invites the Government to provide updated information on the impact of the pandemic on nursing personnel and nursing services, including measures taken to mitigate these impacts and to ensure the occupational safety and health of this essential category of frontline workers.

Article 3(1). Nursing education and training. The Committee notes the detailed information provided by the Government concerning the educational system established for nursing personnel in the country. The Government indicates that the courses offered by the University of Malta’s Institute of Health Care were transferred to the Faculty of Health Sciences in 2010, which includes a Nursing Department and a Mental Health Nursing Department. The Faculty offers full-time courses at undergraduate level in general nursing, leading to registration with the Council for Nurses and Midwives as well as degree and postgraduate courses. It works in collaboration with national public and private health care institutions, including the Mater Dei Hospital, which provide on-the-job training in diverse clinical settings. The Faculty promotes faculty exchanges through the Erasmus programme as well as lifelong learning courses for practicing nurses. Moreover, the Government indicates that, to address the increasing demand for qualified nurses, in October 2017, Northumbria University developed a new degree programme in Nursing Studies with the support of the Malta Enterprise and the MUMN. The Committee notes the information provided on the number of graduates accepted into the new programme. The Committee notes from the information provided by the Government that the Maltese Nursing Conversion Programme and the introduction of specialist nurse training have increased the skills, competencies and size of the nursing workforce. It further notes that the number of practicing nurses has increased by more than one-third over the past decade, to reach 7.9 per 1 000 population in 2018, slightly below the EU average of 8.5. The Committee requests the Government to continue to provide updated detailed information on the content and impact of the measures adopted to ensure that nursing personnel are provided with education and training appropriate to the exercise of their functions.

Articles 5 (2) and 6. Collective bargaining concerning employment and working conditions of nursing personnel. Since 2001 the Committee has been requesting the government to provide more detailed information regarding collective agreements for nursing personnel. It notes with interest the information provided by the Government in respect of the set of collective and sectoral agreements signed between 2000 and 2018 with a view to improving the working conditions and career prospects for nursing personnel in the public and the private sectors. The Government indicates that working conditions for nursing personnel are established mainly in two types of agreements: the collective agreements for all public service employees, including nurses working within the public services; and sectoral agreements that are negotiated specifically for nurses and midwives. The Government indicates that both collective and sectoral agreements establish a specific time frame for their implementation. Prior to the expiry of the agreements, workers’ organizations, including the MUMN, submit their proposals concerning working conditions. The Government also adds that the collective agreements concluded between 2000 and 2013 introduced, among other measures, the establishment of a clinical specialist nursing framework (2000) a Continuous Professional Development allowance for all nurses (2006) and a special long service leave scheme for nurses with at least 30 years of full-time service (2013). The Government reports on the conclusion of the fifth Collective Agreement for Public Sector Employees in 2017, including nurses in the public sector, for the period 2017-24. The new collective agreement was signed by, among other actors, the MUMN, the General Workers’ Union (GWU), UĦM – Voice of the Workers, the Malta Union of Teachers (MUT), and the Medical Association of Malta (MAM). The agreement provides for an increase in salaries and certain allowances for Public Administration employees. In particular, the agreement introduces increments on the “shift allowance” for those employees working on a shift basis, a “qualification allowance” for those employees who have acquired additional qualifications beyond those required for the exercise of their duties. The Government adds that the most recent sectoral agreement has been concluded, covering Public Service Nurses for the period 22 November 2018 to 31 December 2022. It sets out a basic salary scale for the different categories of nursing personnel, providing for double pay on Sundays and triple pay on Public Holidays. The 2018 sectoral agreement also provides for different allowances, such as the “Nursing Premium” (varying from €3,843 to €8,960 depending on years of service and working conditions, and a “Continuous Professional Development Allowance” (consisting of €700 per annum for professional educational activities). The Government does not provide information on the current collective agreements covering the employment and working conditions of nursing personnel in the private sector. The Committee requests the Government to continue to provide updated detailed information on the content and impact of collective and sectoral agreements concluded concerning the working conditions (including remuneration and training opportunities) of nursing personnel in public and private hospitals, nursing homes and medical centres. It further requests the Government to provide copies of such agreements in its next report.

Article 5 (3). Procedures for the settlement of disputes arising in connection with the determination of terms and conditions of employment. The Committee notes the information provided by the Government concerning the different procedures contemplated in the Collective Agreement for Public Service Employees 2017-2024 in case of dispute and/or disagreement between the parties arising in connection with the determination of terms and conditions of employment. The Government indicates that such procedures provide for negotiation between the parties through a conciliation mechanism (section 10), as well as for a panel of arbitrators (section 11). Noting that the information provided by the Government concerns the public sector, the Committee requests the Government to also provide information on the procedures for the settlement of disputes arising in connection with the determination of terms and conditions of employment of nursing personnel in the private sector.

Article 6 (g). Social security. The Committee notes that the Government refers to the introduction of a pension reform raising the retirement age of nursing personnel to 65, with a view to increasing their retention in the profession and maintaining the number of nurses in the workforce. The Government also indicates that an agreement was concluded between the Government and the MUMN, which provides the possibility for nurses to continue to work post-retirement age. The Committee requests the Government to provide detailed information on the pension reform introduced raising the retirement age of nurses and the content and impact of its agreement with the MUMN. It further requests the Government to indicate whether, following the pension reform, nursing personnel enjoy conditions with regard to social security that are at least equivalent to those of other workers.

Article 7. Occupational safety and health of nursing personnel. The Committee notes that, according to the European Commission 2019 Country Health Profile on Malta, in 2017, the country reported the third highest notification rate of new HIV cases in the European Union (EU). The report points out that rates of newly diagnosed cases overall have increased by more than 50 per cent since 2008, in contrast to a general downward trend observed across the EU. In this context, the Committee notes the information provided by the Government regarding the measures taken to prevent occupational transmission of HIV among nurses, including the specialization of nurses working in multidisciplinary teams in decontamination, infection control and HIV to contain infectious diseases, and the implementation of plans for post-exposure management of health care personnel. In this respect, the Committee draws the Government’s attention to the Joint ILO/WHO Guidelines on Health Services and HIV/AIDS, 2005, which contains guidance on the effective prevention of occupational transmission of HIV. The Committee also notes the Government’s indication that national legislation mandates the use of personal protective equipment (PPE) when the risks to the health and safety of workers cannot be avoided or sufficient limited by technical means of collective protection or by measures, methods or procedures of work organization. The legislation further establishes that PPE should be provided free of charge by the employer, who must ensure that the equipment provided is adequate and in a satisfactory hygienic condition. Workers and workers’ representatives are also provided with training in the proper used of PPE. The Government adds that such training must be provided at the expense of the employer and take place during working hours. The Committee notes from the website of the Government that health workers at Mount Carmel Hospital, as well as staff working in Community Mental Health Services have received training on the use of PPE and the management of COVID-19 positive patients. The Committee refers in this regard to paragraph 49 of Recommendation No. 157, which establishes that “(1) all possible steps should be taken to ensure that nursing personnel are not exposed to special risks. Where exposure to special risks is unavoidable, measures should be taken to minimise it; (2) measures such as the provision and use of protective clothing, immunisation, shorter hours, more frequent rest breaks, temporary removal from the risk or longer annual holidays should be provided for in respect to nursing personnel regularly assigned to duties involving special risks so as to reduce their exposure to these risks. (3) In addition, nursing personnel who are exposed to special risks should receive financial compensation.” The Committee notes that the NHSS provides for the adoption of measures to maintain the physical and mental health and well-being of health workers, calling for the necessary infrastructure, including access to psychological support services, to be provided to address stress and burn-out of nursing staff working within the health care system, especially in those areas where staff are dealing with critically-ill or terminally ill patients. Noting that nursing personnel, often in close contact with patients, are at high risk of being infected while treating patients with suspected or confirmed COVID-19 when infection control precautions are not strictly practiced, the Committee requests the Government to provide updated information on all the safety measures taken or envisaged, including the provision of sufficient quantity of appropriate personal protective equipment (PPE) and adequate rest breaks during their shifts, with a view to protecting the health and wellbeing of nurses and limit as much as possible their risk of contracting COVID-19. The Committee also requests the Government to provide information on the measures implemented to prevent and reduce psychosocial risks, including burn-out, violence and harassment, in addition to preventing the risk of long-term repercussions on nurses’ wellbeing. It further requests the Government to indicate whether nurses and/ or their representatives were consulted or participated in the formulation and implementation of such measures.

Application in practice. The Committee observes that, according to the European Commission 2019 Country Health Profile on Malta, the reforms undertaken in education, training and employment conditions have increased the number of nurses. The Committee notes in this respect the information provided by the Government regarding the trends during the period 2003-18 in the number of nurses entering in the profession as well as in those leaving the profession, due to retirement or for other reasons, such as career changes or emigration. The Government reports that in 2018 there were 3,420 nurses in the public sector (73.2 per cent were women and 26.8 per cent men). With regard to their qualifications, the Government indicates that 91.9 per cent were first- level nurses, 5.8 per cent were second-level nurses and 2.3 per cent were registered in the mental health part of the register. Nevertheless, the Committee notes from the cited report of the European Commission that, despite these efforts, the country continues to experience a shortage of nursing personnel in hospitals and long-term care and the nursing workforce in these settings is increasingly reliant on migrant workers, posing challenges for recruitment and retention. The Committee requests the Government to continue to continue to provide updated detailed information on the application of the Convention in practice, including statistics disaggregated by sex, age and region, on the ratio of nursing personnel to the population, the number of persons enrolled in nursing schools, the number of men and women nurses who enter and leave the profession each year, the organization and the operation of all institutions in the public and the private sector which provide healthcare. It also requests the Government to provide any official studies, surveys and reports addressing health workforce issues in the health sector, including those that might have been developed in the context of the COVID-19 pandemic.

Articles 2, 3 and 7 of the Convention. Vocational rehabilitation and employment policies for persons with disabilities. In reply to the Committee’s previous comments, the Government reports that, according to data from Malta’s Public Employment Service (Jobsplus), the number of persons with disabilities in employment increased from 1,797 in 2013 to 3,578 in 2018 (2,474 men and 1,104 women). The Government attributes this increase to the implementation of a set of measures that include: enforcement of the 2 per cent employment quota for persons with disabilities in enterprises employing more than 20 workers established under sections 15 and 16 of the Persons with Disability (Employment) Act; implementation of the “Access to Employment” and the “Bridging the Gap” schemes, supporting the transition of persons with disabilities from unemployment to employment (including through providing subsidies to employers and exempting them from social security contributions). Other initiatives include pre-employment training and job coaching provided by the Job Bridge Training Centre and the one-year Sheltered Employment Training (SET) programme. The Government reports that compliance by employers subjected to the quota increased from 11 per cent in December 2015 to 60 per cent in December 2017. It also refers to the implementation of the European Union (EU)-funded “100 Mirrors Initiative”, a pilot project that provides coaching, mentoring and job shadowing services for women with disabilities who wish to become entrepreneurs. In addition, the Committee notes the implementation of the EU-funded Person-focused Inclusion (INK) project, whose objectives include strengthening the competencies of persons with disabilities and supporting their inclusion in the labour market, as well as the REACH project (also funded by the EU), that provides persons with disabilities with social services, as well as with independent living and employability skills, to promote their social inclusion and reduce their risk of poverty. The Committee nevertheless notes that, according to the 2020 Malta Country Report of the European Commission (2020 EC report) developed in the framework of the 2020 European Semester, even if the employment rate of persons with disabilities, which stood at 37 per cent in 2017, has increased significantly, more than doubling over the past decade, it remains one of the lowest in the EU (EU average: 51 per cent). The 2020 EC report highlights that the activity rate of persons with disabilities in Malta remains very low. According to the report, as of 2018, 30 per cent of persons with disabilities were at risk of poverty and social exclusion, compared with 17 per cent of persons without disabilities. In its concluding observations on Malta, the UN Committee on the Rights of Persons with Disabilities (CRPD) expressed concern that: (a) article 17(3) of the Constitution restricts the right to access education and vocational training to “persons with disabilities that are incapable of working”; (b) the current quota system (…) seems ineffective, being applicable only to larger employers with 20 or more employees; (c) the State party uses medicalized criteria to assess the suitability of persons with disabilities to work (…); and (d) there is a high number of employers who do not employ persons with disabilities irrespective of their ability to work effectively (document CRPD/C/MLT/CO/1, 17 October 2018, paragraph 39). Lastly, the Committee recalls that, in its previous comments, it noted that the Employment and Training Corporation Strategic Plan 2016–18 contemplated the review of the Employment and Training Services Act with a view to strengthening the penalties imposed on employers that fail to comply with the statutory employment quota. The Government reports that no further amendments have been introduced to the Employment and Training Act. The Committee requests the Government to continue to provide detailed updated information on the status and impact of the measures adopted to promote the employment of persons with disabilities in the open labour market, including the implementation of the statutory 2 per cent employment quota for persons with disabilities. It also requests the Government to provide information on the measures adopted or envisaged to replace any assessment of suitability to work with an assessment that considers the needs and requirements for reasonable accommodation at work for persons with disabilities; and to raise awareness among employers on the capacities of persons with disabilities and their right to equal access to employment opportunities to work in the open labour market.

Article 4. Effective equality of opportunities and treatment between men and women workers with disabilities, and between workers with disabilities and other workers. In reply to the Committee’s previous comments, the Government reports that, in accordance with section 22(1)(i) of the Equal Opportunities (Persons with Disability) Act, 2000, the Equal Opportunities Compliance Unit (EOCU) within the National Commission for the Rights of Persons with Disability initiated 65 cases concerning denial of reasonable accommodation in the public and private sectors between 2012 and 2014. In this context, the Committee notes the concluding observations of the CRPD, in which it noted with concern that, while the Equal Opportunities (Persons with Disability) Act refers to multiple discrimination, it does not address intersectional discrimination against persons with disabilities in its article 3A(1) (document CRPD/C/MLT/CO/1, 17 October 2018, paragraph 7). The Committee notes that, according to the report of the Academic Network of European Disability Experts (ANED), the “European Semester 2018/2019. Malta country fiche on disability”, Malta has one of the highest gender gaps in the EU in relation to employment rates of persons with disabilities. The EU Statistics on Income and Living Conditions (EU–SILC) estimates that the employment rate of women with disabilities in Malta is the lowest in the EU. While the employment rate for women without disabilities is around 55 per cent (compared to 80 per cent for men without disabilities), the employment rate for women with disabilities is estimated at less than 20 per cent (compared to 35 per cent for men with disabilities). The Committee requests the Government to provide detailed information on the nature and the impact of measures adopted or envisaged to ensure effective equality of opportunities and treatment in employment and occupation between women and men with disabilities, as well as between workers without disabilities and those with disabilities, including information on the impact of these measures on the employment of persons with disabilities, including statistics disaggregated by economic sector and sex. The Committee also requests the Government to provide copies of court decisions, if any, addressing discrimination against women and men with disabilities, including denial of reasonable accommodation in the public and private sectors.

Article 5. Consultations with the social partners and with organizations of and for persons with disabilities. In reply to the Committee’s previous comments, the Government reiterates that the Jobsplus Board includes representatives of workers’ and employers’ organizations and of the National Commission for the Rights of Persons with Disability. It also indicates that public consultations were held concerning the final text of the National Disability Strategy. In addition, the Government refers to the launching of the Malta Business Disability Forum in 2018, as a joint initiative between the National Commission for the Rights of Persons with Disability, the Malta Chamber of SMEs (former GRTU), the Malta Employers’ Association and the Malta Chamber of Commerce to foster increased cooperation. The Committee notes, however, that the Government has not provided information on the content and outcome of the consultations held within the Jobsplus Board or of the results of the consultations held in relation to the National Disability Strategy. The Committee once again requests the Government to provide detailed updated information on the content and outcome of the consultations held within the Jobsplus Board on the implementation of a vocational rehabilitation and employment policy for persons with disabilities. In addition, the Committee requests the Government to provide updated information on the outcome of the consultations held in relation to the National Disability Strategy, in collaboration with employers’ and workers’ organizations, and to provide a copy of the Strategy once adopted.

Article 9. Training of suitably qualified staff. In reply to the Committee’s previous comments, the Government indicates that Jobsplus and the Lino Spiteri Foundation provide regular training to their staff and external applicants, in collaboration with the National Commission for the Rights of Persons with Disability and civil society organizations, to qualify or to top-up their qualifications as job mentors and job coaches. The Agenzija Sapport also organizes regular in-house training for staff involved in the implementation of vocational training and guidance projects for persons with disabilities, such as the INK project. The Committee requests the Government to continue to provide detailed updated information on the nature and impact of measures taken or envisaged to ensure the availability of suitably qualified staff responsible for the vocational guidance, vocational training, placement and employment of persons with disabilities.

In the context of the global COVID-19 pandemic, the Committee recalls the comprehensive guidance provided by international labour standards. In this context, the Committee draws the Government’s attention to the Employment and Decent Work for Peace and Resilience Recommendation, 2017 (No. 205), which provides guidance for the development and implementation of measures to effectively respond to the profound socio-economic effects of the pandemic in areas such as education, vocational training and retraining, and employment. In particular, Paragraph 7(h) of Recommendation No. 205, provides that, in taking measures on employment and decent work in response to crisis situations, Member States should take into account the need to pay special attention to population groups and individuals who have been made particularly vulnerable by the crisis, including, but not limited to, persons with disabilities. The Committee invites the Government to provide in its next report updated information on the impact of the global COVID-19 pandemic on the application of the Convention.

The Committee notes the Government’s second report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006), and the observations of the General Workers’ Union (GWU) received by the Office on 31 August 2019. The Committee notes that the amendments to the Code approved by the International Labour Conference in 2014 and in 2016 entered into force for Malta on 18 January 2017 and on 8 January 2019 respectively. Based on its second review of the information and documents available, the Committee draws the Government’s attention to the following issues. If considered necessary, the Committee may come back to other matters at a later stage.

Impact of the COVID-19 pandemic. The Committee takes note of the observations of the International Transport Workers' Federation (ITF) and of the International Chamber of Shipping (ICS), received by the Office on 1 October 2020 and 26 October 2020, respectively, alleging that ratifying states have failed to comply with certain provisions of the Convention during the COVID-19 pandemic. Noting with deep concern the impact of the COVID-19 pandemic on the protection of seafarers’ rights as laid out in the Convention, the Committee refers to its general observation of 2020 on this issue.

Article II, paragraphs 1(f), 2, 3 and 7 of the Convention. Definitions and scope of application. Seafarers. National determination. In its previous comments, noting that the Merchant Shipping Notice 105 Rev. 1. of 8 January 2015 determines the categories of persons not to be regarded as seafarers under the convention, the Committee requested the Government to indicate whether such determination was made after consultations with the shipowners’ and seafarers’ organizations concerned. Noting that, according to such Notice, the shipowner should submit an application to the competent authority if he deems that there is any other category of persons who should not be considered as seafarers for the purposes of the MLC, 2006, the Committee requested the Government to indicate whether any additional determination of persons or categories of persons had been made. The Committee notes that, according to the GWU's observations, the ITF and the GWU have been and still are engaged in talks with the authority Transport Malta, both the Port Authorities and the Flag state, over the determination of what is the definition of “seafarer” and under which legislation should his employment fall. The Government indicates that 1) the established list of persons excluded from the term seafarer follows the international application of such exclusions and is intended to maintain harmonisation with the application by other jurisdictions; 2) in cases where doubt arose, reference was made to the Resolution concerning information on occupational groups adopted by the International Labour Conference at its 94th (Maritime) Session; 3) to date there have only been a handful of ad hoc requests, some of which have been accepted by the Directorate, and 4) decisions are only taken following consultations with the seafarers’ and the shipowners’ representatives. The Committee requests the Government to i) indicate the categories of persons who have been excluded from the application of the Convention following the procedure foreseen in Merchant Shipping Notice 105 Rev.1., and ii) specify if the decisions made apply to a category of ships or to individual shipowners .

Article II, paragraphs 1(i), 4, 5 and 7. Definitions and scope of application. Ships. National determination. The Committee had requested the Government to indicate whether cases of doubt have arisen as to whether a ship or a particular category of vessel is covered by the Convention. The Government indicates that there have been no such cases and should such a case ever arise, the Directorate has the necessary mechanism in place to consult both the shipowners’ and the seafarers’ organisations, both locally actively represented to resolve such doubt. The Committee notes, however, the GWU's observations, according to which the ITF and the GWU have been and still are engaged in talks with the authority Transport Malta, both the Port Authorities and the Flag state, over the need to determine which vessels fall either under the MLC, 2006 or under the local legislation by way of the Commercial Vessels Regulation and the Non-Convention Vessels Code. The Committee also notes the Government's indication that Malta has, following extensive consultations with all stakeholders involved, issued a Non-Convention Vessel (NCV) code that applies to ships not engaged in international voyages. The Committee recalls that the Convention applies to all ships as defined in Article II, paragraph 1(i), other than those expressly excluded under paragraph 4. The Committee also recalls that Article II, paragraph 6, provides additional flexibility, under certain conditions, with respect to the application of “certain details of the Code”, i.e. Standards and Guidelines, but only to ships of less than 200 gross tonnage not engaged in international voyages, and only “to the extent that the subject matter is dealt with differently by national laws or regulations or collective bargaining agreements or other measures”. The Committee therefore requests the Government to provide detailed information on the scope of application of the NCV code, the number, types and tonnage of the ships included therein, and to clarify whether the Convention applies to vessels falling within the scope of the NCV code.

Article VI, paragraphs 3 and 4. Substantial Equivalence. The Committee had requested the Government to indicate if it has adopted any substantial equivalences as permitted under Article VI. The Government indicates that substantial equivalences are in the majority of cases adopted in relation to commercial yachts, given the special nature of such vessels. Such requests are addressed on a case-by-case basis following a thorough consultation between the owner and the Administration. Recommendations from the legal and technical staff within the Administration determine the final outcome of such requests. The Committee notes, however, that the sample Declaration of Maritime Labour Compliance (DMLC) Part I submitted by the Government does not refer to any substantial equivalences or exemptions. The Committee recalls that the concept of substantial equivalence is not a matter for administrative discretion but has to be decided by a Member on a horizontal basis – i.e. not on an ad hoc basis – following the requirements of Article VI, paragraphs 3 and 4 of the Convention. Explanations are required where a national implementing measure differs from the requirements of Part A of the Code. In particular, the Committee requires information on the reason why the Member was not in a position to implement the requirement in Part A of the Code, as well as (unless obvious) on the reason why the Member was satisfied that the substantial equivalence met the criteria set out in Article VI, paragraph 4. Any substantial equivalences that have been adopted must be stated in Part I of the DMLC that is to be carried on board ships that have been certified. The Committee requests the Government to provide detailed information with respect to the substantial equivalence(s) it has adopted, indicating the precise differences between the national provisions and the corresponding requirements in the Convention and how it has satisfied itself that the national provisions concerned are substantially equivalent to the requirements of the Convention. The Committee further requests the Government to provide a copy of the DMLC Part I, reflecting any substantial equivalences that have been adopted.

Regulation 1.1 and Standard A1.1, paragraph 4. Minimum age. Hazardous work. The Committee previously noted that, while the DMLC, Part I states that Rule 6 of the Merchant Shipping (Maritime Labour Convention)Rules (MS Rules) prohibits work that may pose a danger to health and safety for seafarers aged under 18, Rule 6 does not contain such prohibition. It further noted that the Government had not provided information on the list of hazardous activities, which is required under Standard A1.1, paragraph 4 of the Convention. The Government indicates that, cognisant of the dangers and occupational hazards attributed to the maritime industry, it ensures through its flag state inspectors that no seafarer is exposed to such occupational hazards and dangers and requests that risk assessments are evaluated prior to the undertaking of certain tasks, as foreseen in rules 114-117 of the MS Rules. The Government also indicates that it will engage in consultations with the shipowners' and seafarers’ organizations concerned in order to further strengthen the protection of young seafarers, following which a list of hazardous tasks will be compiled. The Committee requests the Government to adopt the necessary measures to ensure that the employment, engagement or work of seafarers under the age of 18 is prohibited where the work is likely to jeopardize their health or safety, as required by Standard A1.1, paragraph 4. It further requests the Government, after consultation with the shipowners’ and seafarers’ organizations concerned, to determine the list of such types of work and to provide a copy thereof once available.

Regulation 1.4 and the Code. Recruitment and placement. The Committee requested the Government to indicate the national laws and regulations which implement these requirements of the Convention and to provide information on the existing recruitment and placement services in Malta. The Government indicates that it has never issued any approval for seafarer recruitment and placement agencies in Malta and no evidence exists that such agencies operate in or from Malta. Recruitment agencies in Malta are regulated by domestic and European Union legislation. The Committee notes that the Employment Agencies Regulations set out the conditions for employment agencies to operate in Malta. According to such regulations, in the case of employment of seamen, it shall be the responsibility of the employment agency or employment business as well as of the user to ensure that the provisions of the Merchant Shipping Act are complied with. Additionally, Rules 17 and 18 of the MS Rules provide that the Registrar-General shall ensure that recruitment services in Malta comply with the Convention and that the competent authority shall ensure that public and private seafarer recruitment and placement services be operated in an orderly manner that protect and promote seafarers’ employment rights. The Committee notes, however, that none of those instruments refer to (i) the prohibition of seafarer recruitment and placement services from using means, mechanisms or lists intended to prevent or deter seafarers from gaining employment for which they are qualified (Standard A1.4, paragraph 5(a)); (ii) the obligation to ensure that recruitment and placement of seafarers are free of charge for seafarers and whether seafarers are protected against monetary loss that they may incur as result of the failure of recruitment and placement services (Standard A1.4, paragraph 5(b) and (c)vi)); and (iii) how national legislation ensures that all complaints concerning the activities of recruitment and placement services are investigated involving, as appropriate, representatives of shipowners and seafarers (Standard A1.4, paragraph 7). Noting, in the light of the above-mentioned provisions, that private seafarer recruitment and placement services are likely to operate in the country, the Committee requests the Government to provide detailed information on i) how the requirements of Standard A1.4, paragraph 5, are complied with (prohibition of blacklists, no fees or other charges on the seafarer, keeping registers, qualification of seafarers, protection of seafarers in foreign ports, managing complaints, establishing a compulsory insurance scheme to compensate seafarers); and ii) the national laws, regulations or other measures which implement these requirements of the Convention.

Regulation 2.1 and Standard A2.1, paragraph 1(b). Seafarers’ employment agreement. Examination and advice before signing. The Committee previously noted that Rule 20, section (3), of the MS Rules does not ensure the right to seek advice from other persons before signing a seafarer’s employment agreement, as required by the Convention and requested the Government to indicate how it gives effect to this provision of the Convention. The Government indicates that although the rules do not refer to the right to seek advice from other persons or entities, this right is not being denied to any seafarer who wants to make use of it. The Committee notes the Government’s indication that these provisions of the Convention are directly applicable at the national level by virtue of Rule 2(4) of the MS Rules, which foresees that such Rules are to be read and construed together with the provisions of the Convention and of the European Union Council Directive 2009/13/EC. While noting this information, the Committee requests the Government to adopt the necessary measures to ensure that both in law and in practice seafarers are given the opportunity to examine and seek advice on the employment agreement before signing it, as required under Standard A2.1 of the Convention, providing for legal certainty and predictability for all interested parties.

Regulation 2.3 and Standard A2.3, paragraph 13. Hours of work and hours of rest. Exceptions. The Committee had requested the Government to provide information on any developments concerning the permission of exceptions to the minimum hours of rest through collective agreements and, if applicable, to submit copies of any relevant texts. The Government indicates that no collective agreement has ever been authorised. The Committee takes note of this information, which addresses its previous request.

Regulation 2.4, paragraph 2. Entitlement to leave. Shore leave. The Committee had requested the Government to provide information with respect to the implementation of Regulation 2.4, paragraph 2. The Government indicates that, although Rule 47 of the MS Rules, which deals with the issue of annual leave, does not refer to shore leave, it is to be construed together with the provisions of the Convention and Directive 2009/13/EC of the European Parliament and of the Council, which foresee that seafarers shall be granted shore leave to benefit their health and well-being and with the operational requirements of their positions. While noting this information, the Committee requests the Government to adopt the necessary measures to ensure that both in law and in practice seafarers are granted shore leave in accordance with Regulation 2.4, paragraph 2.

Regulation 2.5 and Standard A2.5.1, paragraph 2(c). Repatriation. Entitlements. Noting that Rule 74(1) of the MS Rules provides that where the service of a seafarer terminates otherwise than by his/her consent to be discharged during the agreement, the master of the ship shall, besides giving the certificate of discharge required under this Rule and besides paying the wages to which the seafarer is entitled, make adequate provision in accordance with this Rule for his/her maintenance and for his/her return to a proper return port, the Committee requested the Government to provide information on the meaning of “proper return port”. The Committee notes the Government’s reply that in cases of repatriation, the parties to the agreement are to be guided by the provisions found in the Convention and that when there is doubt, the references in the guidelines of the Convention are implemented. The Committee recalls, however, that Standard A2.5.1, paragraph 2, requires each Member to ensure that there are appropriate provisions prescribing, among others, the precise entitlements relating to the destinations of repatriation in its laws and regulations or other measures or in collective bargaining agreements. Therefore, the Committee requests the Government to adopt the necessary measures to regulate the meaning of “proper return port” under Rule 74(1) of the MS Rules and to indicate how it has given due consideration to the provisions of Guideline B2.5.1, paragraphs 6 and 7, in implementing its responsibilities under Standard A2.5.1, paragraph 2(c).

Regulation 2.6 and the Code. Seafarer Compensation for the ship’s loss or foundering. Noting that in accordance with section 54 in fine of the MS Rules “in all cases of wreck or loss of the ship, proof that the seafarer has not exerted himself to the utmost to save the ship, cargo and stores, shall bar his claim to wages”, the Committee requested the Government to indicate the measures taken or envisaged to give full effect to Regulation 2.6. The Government indicates that, in the case of shipwreck or loss of the ship, Rule 54 of the MS Rules places the onus of proof of the seafarer’s inaction or negligence on the owner. The Committee once again recalls that Regulation 2.6 does not impose any conditions as regards seafarers’ compensation for the ship’s loss or foundering. In all cases, seafarers are entitled to their full salary payable under the contract, regardless of evidence of neglect or fault. Noting that the existing legislation contravenes Regulation 2.6 and the Code, the Committee requests the Government to amend section 54 of the MS Rules and remove the above limitation so as to ensure full compliance with this provision of the Convention.

Regulation 2.7 and the Code. Manning Levels. The Committee had requested the Government to provide information on measures adopted to ensure that ships of less than 500 gross tonnage are sufficiently, safely and efficiently manned as required by the Convention. It further requested the Government to indicate the measures adopted to give effect to Standard A2.7, paragraph 3. The Government indicates that the Administration has catered for such instances through the issuing of an attestation document highlighting the required ranks and the number of personnel on board a ship flying its flag. The Committee notes, however, that the Government does not provide information on the procedures developed to determine, approve or revise manning levels for ships of less than 500 gross tonnage, specifying how they take into account the requirements set out in Regulation 2.7. It also notes that the copies of safe manning documents for tanker, passenger and cargo ships, that the Government provided, do not specify the gross tonnage of the ships to which they refer. Furthermore, the Committee notes that the Government does not provide information on how, when determining manning levels, the competent authority takes into account the requirements set out in Regulation 3.2 and Standard A3.2 concerning food and catering. The Committee therefore once again requests the Government to provide information on procedures developed to determine, approve or revise manning levels for ships of less than 500 gross tonnage, specifying how they take into account: (i) the need to avoid or minimize excessive hours of work and limit fatigue; and (ii) the requirements set out in Regulation 3.2 and Standard A3.2 concerning food and catering.

Regulation 3.1 and the Code. Accommodation and recreational facilities. The Committee requested the Government to indicate if exemptions for ships of less than 200 gross tonnage and for ships of less than 3,000 gross tonnage have been granted under the Fourth Schedule of the MS Rules, and if the relevant consultations have taken place. The Committee further requested the Government to explain the meaning of “bona fide seafarers’ organizations”. The Committee notes the Government’s indication that the Registrar-General’s office has granted exemptions on a case-by-case basis following consultations with both the shipowners’ representatives and the seafarers’ unions. According to the Government, the “bona fide seafarers’ organizations” refer to the seafarer’s representatives chosen by the actual seafarers directly related to the request. The Committee notes the GWU’s statement that ITF and GWU have been involved in an exchange over a request from a work boat owner who asked for regulations relaxation regarding the living quarters on the boat, and communicated their position in writing to Transport Malta after meeting the owner. The Committee recalls that exemptions from the implementation of Regulation 3.1 can only be made in the cases expressly permitted by the Convention, and only for particular circumstances in which such exemptions can be clearly justified on strong grounds and subject to promoting the seafarers’ health and safety. The Committee requests the Government to provide a list of types of exemptions and waivers granted for ships of less than 200 gross tonnage and for ships of less than 3,000 gross tonnage under the Fourth Schedule of the MS Rules, by type of vessel, indicating the grounds under which such exemptions were granted and the organisations involved in the consultations to that end.

Regulation 4.1 and Standard A4.1, paragraph 1. Medical care on board and ashore. The Committee had requested the Government to indicate how effect is given to Standard A4.1, paragraphs 1(a) to (d). The Government reiterates that these provisions of the Convention are directly applied by virtue of Rule 2(4) of the MS Rules, which states that these Rules shall be read and construed together with the Convention and Council Directive 2009/13/EC of 16 February 2009 on implementing the Agreement concluded by the European Community Shipowners’ Associations (ECSA) and the European Transport Workers’ Federation (ETF). It further indicates that the Administration ensures that seafarers are properly covered for any medical emergency that may arise through the evaluation of employment agreements, which inter alia should include provisions addressing any medical needs that the seafarer may require whilst under an agreement. The Committee also notes that, according to Section 104 and the Fifth Schedule of the MS Rules, the shipowner shall be responsible for the cost of any medical stores including the cost of periodic replacements, and that the requirements for the medicine chest include dental equipment. However, no information is provided by the Government as to the measures in place to ensure: (i) the application to seafarers on ships flying Malta’s flag of any general provisions on occupational health protection and medical care relevant to their duties, as well as of special provisions specific to work on board ships (Standard A4.1, paragraph 1(a)); (ii) that seafarers are given health protection and medical care as comparable as possible to that which is generally available to workers ashore, including prompt access to the necessary medicines, medical equipment and facilities for diagnosis and treatment and to medical information and expertise (Standard A4.1, paragraph 1(b)); and (iii) that seafarers working on board a ship flying Malta’s flag are given the right to visit a qualified medical doctor or dentist without delay in ports of call, where practicable (Standard A4.1, paragraph 1(c)), including if and in what kind of cases the visit can be refused. Although the Government indicates that seafarers are covered for medical emergencies, the Committee notes that no information is provided on whether medical care includes measures of a preventive character, such as health promotion and health education programmes (Standard A4.1, paragraph 1(e)). Recalling that Standard A4.1, paragraphs 1(a) to (e) of the Convention are not self-executing as these provisions require the adoption of measures to ensure that seafarers are given health protection and medical care, the Committee requests the Government to adopt the necessary measures to give effect to these requirements of the Convention and to provide information on any development in this regard.

Regulation 4.1 and Standard A4.1, paragraph 2. Medical care on board and ashore. Standard medical report form. The Committee notes that while the Government supplied a medical report form for issuing seafarers’ medical certificates, it did not provide a copy of the standard medical report form to be carried on board ship for the use of the ships’ masters’ and relevant onshore and on-board medical personnel, as foreseen by Standard A4.1, paragraph 2. The Committee recalls that this provision of the Convention requires the competent authority of the flag State to adopt a standard medical report form that should only be used to facilitate the treatment of seafarers. The Committee requests the Government to take the necessary measures to adopt the standard medical report form for seafarers pursuant to Standard A4.1, paragraph 2, and to provide a copy once available.

Regulation 4.1 and Standard A4.1, paragraphs 3 and 4(a) to (c). Medical care on board and ashore. On-board hospital and medical facilities, equipment and training. The Committee previously requested the Government to indicate how effect was given to Standard A4.1, paragraph 3 of the Convention. The Committee notes that the Government refers to the MS Rules 36 and 111 to 113. The Committee also notes that Sections 92, 97 to 104, 106 and the Fourth and Eight Schedule of those Rules provide the requirements for hospital and medical care facilities, for medical training of master and ship officers and for medical stores. The Committee further notes that Section 152 of the Merchant Shipping Act establishes that the owner and master of every Maltese ship shall ensure that the ship carries medicines, medical stores, equipment, facilities, appliances and books, as specified by law. The Committee takes note of this information, which addresses its previous request.

Regulation 4.1 and Standard A4.1, paragraph 4(d). Medical care on board and ashore. Minimum requirements. Medical advice by radio or satellite. The Committee had requested the Government to indicate how effect is given to this provision of the Convention. The Government indicates that this aspect is regulated by the Merchant Shipping (Safety Convention) Rules under which ships are required to carry appropriate equipment and maintain up-to-date contact information for radio or satellite communication to obtain onshore medical advice while on a voyage. Noting that no information is provided on the implementation of this provision by Malta as a coastal State, the Committee recalls that Standard A4.1, paragraph 4(d) provides for the adoption of laws and regulations requiring coastal States to ensure by a prearranged system that medical advice by radio or satellite communication to ships at sea, including specialist advice, is available 24 hours a day, free of charge to all ships irrespective of the flag that they fly. The Committee therefore requests the Government to indicate the measures adopted to comply with this requirement of the Convention.

Regulation 4.2, Standard A4.2.1, paragraphs 8 to 14 and Standard A4.2.2. Shipowners’ liability. Financial security. The Committee notes the Government’s indication that the 2014 amendments to the Code have been implemented through the amended MS Rules. It further notes the example of a financial security certificate provided by the Government. The Committee notes, however, that the Government provides no information on the arrangements in place to receive, deal with and impartially settle contractual claims relating to compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard, through expeditious and fair procedures, as required by Standard A4.2.2, paragraph 3. The Committee accordingly requests the Government to provide the set of measures adopted to give effect to that provision of the Convention, indicating the applicable national provisions.

Regulation 4.3, paragraph 2. Health and safety protection and accident prevention. National guidelines. The Committee requested the Government to indicate if national guidelines for the management of occupational safety and health, to protect seafarers that live, work and train on board ships flying its flag, had been adopted after consultation with representative shipowners’ and seafarers’ organizations. The Committee notes that the Government provides no new information on this point. The Committee requests the Government to take the necessary measures to adopt, after consultation with the representative shipowners’ and seafarers’ organizations, national guidelines for the management of occupational safety and health on board ships that fly its flag, in accordance with regulation 4.3, paragraph 2. In this regard, the Committee draws the Government’s attention to Guidelines for implementing the occupational safety and health provisions of the Maritime Labour Convention, 2006.

Regulation 4.3 and Standard A4.3, paragraphs 5 and 6. Health and safety protection and accident prevention. Reporting, statistics and investigation. The Committee previously requested the Government to provide further information on whether the national Maritime Safety Investigation Unit (MSIU) takes into consideration the guidance provided by the ILO with respect to the reporting and recording of occupational accidents and diseases, and to indicate the relevant provision giving effect to this requirement of the Convention. The Government indicates that the MSIU follows the reporting, recording and investigation of occupational accidents as provided by the SOLAS Convention and the IMO Casualty Investigation Code and EU Directive 2009/18/EC. All notifications of occupational accidents, irrespective of the severity, are communicated to the European Commission, through the European Maritime Safety Agency. Safety investigation reports into occupational accidents, compiled by the MSIU are published and communicated to the European Commission and the IMO, through their respective databases. The Committee also notes that the Marine Accident/Incident report form aims to facilitate the reporting to the MSIU of such accidents. The Committee notes however that, as indicated by the Government, the MSIU does not record occupational diseases. The Committee requests the Government to provide information on the manner in which compliance with the obligation to report and investigate occupational diseases on board all ships covered by the Convention is ensured, in accordance with Standard A4.3, paragraphs 5 and 6. The Committee also requests the Government to ensure that the guidance provided by the ILO with respect to the reporting and recording of occupational accidents and diseases is taken into account.

Regulation 4.4 and the Code. Access to shore-based welfare facilities. The Committee requested the Government to provide additional information regarding plans for further development of seafarer welfare facilities in its ports. The Government indicates that a welfare facility has been established on shore in Malta and that all seafarers have access to it without restriction, in accordance with the Convention, but that no welfare board has been established yet. The Committee requests the Government to provide information on any developments regarding the establishment of a welfare board for regularly reviewing welfare facilities and services.

Regulation 4.5 and Standard A4.5, paragraph 3. Social security. Protection for seafarers ordinarily resident in its territory. Noting that, according to section 168A(2) of the Merchant Shipping Act, the Social Security Act or any enactment replacing that Act shall not apply in respect of foreign seafarers employed on Maltese ships, the Committee requested the Government to clarify the manner in which social security protection is extended to all seafarers ordinarily resident in Malta, regardless of their nationality and regardless of the flag of the ships they work on. The Committee notes the Government’s indication that all persons residing in Malta irrespective of their nature of employment are regulated by the Social Security Act (Chap. 318). The Committee also notes GWU’s observation that there have been exchanges with both Transport Malta and the International Department of the Social Security, particularly on the issue of where the social contributions are to be paid and what benefits are expected, in view of Regulation (EC) No. 883/2004 of 29 April 2004 on the coordination of social security systems. The Committee requests the Government to provide clarifications regarding whether, and to what extent, seafarers ordinarily resident in Malta who work on ships flying a foreign flag – especially flying the flag of non-EU countries – are granted medical care, sickness benefit and employment injury benefits under the Maltese social security system, which are no less favourable than those enjoyed by shore workers resident in Malta.

Regulation 4.5 and Standard A4.5, paragraph 6. Social security. Comparable benefits for seafarers in the absence of adequate coverage. The Committee requested the Government to provide information on any measures adopted under Standard A4.5, paragraph 6 in relation to benefits to non-resident seafarers working on ships flying the Maltese flag who do not have adequate security coverage. Noting the absence of reply in the Government’s report, the Committee once again requests the Government to indicate how Standard A4.5, paragraph 6 is implemented with respect to non-resident non-EU seafarers working on board Maltese-flagged ships.

Regulation 4.5 and Standard A4.5, paragraph 9. Social security. Fair and effective procedures for the settlement of disputes. The Committee requests the Government to provide information on the procedures of the settlement of disputes relating to social security for seafarers, as per Standard A4.5, paragraph 9 of the Convention.

Regulation 5.1.3 and the Code. Flag State responsibilities. Maritime Labour Certificate and Declaration of Maritime Labour Compliance. The Committee requested the Government to review the DMLC, Part I, so as to ensure not only that it provides a reference to the relevant national legal provisions implementing the Convention, but that it also contains, to the extent necessary, concise information on the main content of the national requirements as provided for under Standard A5.1.3, paragraph 10(a) to allow all persons concerned, such as flag State inspectors, authorized officers in port States and seafarers, to check that the national requirements are being properly implemented on board ship. The Committee notes with interest that the DMLC, Part I submitted with the Government's report includes references to the implementing legislation with succinct information on the provisions to which reference is made on the list of 16 matters to be inspected. According to Technical Notice SLS.33 of 27 august 2018 and the information available in the Transport Malta website, all documents referenced in the DMLC, Part I are to be carried on board ships and are accessible to those concerned. The Committee takes note of this information, which addresses its previous request.

Additional documentation requested. The Committee notes that the Government has omitted to provide some of the documents requested in the report form. The Committee requests the Government to provide a copy of the following documents: an example of an approved document for seafarers’ record of employment (Standard A2.1, paragraphs 1 and 3); an example of a seafarers’ employment agreement (please remove individual identification information) (Standard A2.1, paragraph 2(a)).

Articles 1 and 2 of the Convention. Measures to combat unemployment. In response to the Committee’s previous comments, the Government indicates that, in 2018, the employment rate in Malta was estimated at 75 per cent, with the majority of persons being in full-time employment. The Government indicates that, to promote more active participation of women in the labour market, it has implemented the Free Childcare Scheme, through which the Government provides free childcare services for children below the age of three whose parents are in employment or education. It adds that, as a result of the Scheme, the employment rate of women aged 20–64 increased from 51.7 per cent in 2013 to 63.4 per cent in 2018. Moreover, with the objective of increasing the number of persons with disabilities in the labour market, the Government implemented a number of incentives, including allowing for persons with disabilities to keep receiving a disability pension while in employment, monetary incentives for employers hiring persons with disabilities and enforcement of the legal quota requiring that at least 2 per cent of employees of employers with more than 20 workers, must be persons with disabilities. The Committee notes that, in 2017 and 2018, 468 persons with disabilities participated in the schemes offered by the public employment service, Jobsplus. The Government indicates that the Work Programme Initiative (WPI) implemented by Jobsplus in collaboration with the private sector, assists long term unemployed persons and those inactive in the labour market in finding employment, providing profiling, training and job placement services. The Committee notes that 1,550 persons benefited from the WPI since its launch in 2015. The Government also refers to the Migrant Integration Plan, which integrates migrants and refugees in the Maltese labour market by providing for the granting of work permits to persons covered by international protection, including asylum seekers and long-term residents. In addition, the Government indicates that all courses provided by Jobsplus are also available to such persons. In addition, to prevent exploitation of migrants, Jobsplus opened a Job Brokerage Office, where employers who wish to temporarily hire migrants can do so in accordance with the law. The Job Brokerage Office also maintains an electronic database which provides information on the length of the contract, job description and full details of the employer. The Committee notes that during January–December 2018, 646 persons used the services of the Job Brokerage Office, representing an increase of approximately 34 per cent in comparison to 2017. The Government further indicates that it implements a number of schemes aimed at upskilling the population. The Work Exposure Scheme facilitates transition into employment by providing practical training. The Traineeship Scheme provides initial vocational training to equip unemployed persons with the skills, knowledge and competences required to find employment, whereas the Training Pays Scheme aims to increase the number of adults participating in lifelong learning by refunding 75 per cent of training costs. Furthermore, the Access to Employment Scheme provides financial incentives to enterprises to promote the recruitment of persons who are unemployed and inactive in the labour market. The Committee notes that almost 1,000 persons benefited from the above-mentioned schemes in 2018. The Government also indicates that the Youth Guarantee 2.0 framework, implemented jointly by Jobsplus and the Ministry of Education and Employment, provides measures specifically targeted at young persons who are neither in employment, education or training (NEETs) and young persons at risk of becoming NEETs. As a result of these measures, in 2017, 49 persons found employment, 768 enrolled in further education and 64 began traineeships. The Committee notes that, in 2018, Jobsplus received 126,206 vacancy notifications, representing an increase of some 16.2 per cent compared to 2017. The Committee requests the Government to continue to provide information on measures taken to combat unemployment, particularly with respect to measures targeting persons belonging to disadvantaged groups, such as young persons, persons with disabilities and migrants. Noting that the Government has not provided any information on measures directed to economically underprivileged areas, the Committee reiterates its request that the Government provide information on the nature and impact of those measures. The Committee once again recalls its 2010 General Survey concerning the employment instruments, and invites the Government and the social partners to contemplate the possibility of ratifying more recent instruments regarding the issues covered by the Convention, namely the Employment Policy Convention, 1964 (No. 122), and the Private Employment Agencies Convention, 1997 (No. 181), and to keep the Office informed of any developments in this regard.

Article 3. Unemployment insurance. In its previous comments, the Committee requested the Government to provide more detailed information on unemployment insurance arrangements and their implementation. The Government indicates that any unemployed person is eligible to claim unemployment benefits on condition that the person is registered in the Jobsplus Part I Unemployment Register and fulfils the contributions criteria established in the Social Security Act (Chapter 318 of the Laws of Malta). In the case of workers covered by Regulation (EC) No. 883/2004 on the coordination of social security systems, contributions paid by workers in different EU Member States are taken into account for the purpose of establishing eligibility for unemployment benefits. The Government indicates that, as a rule, the Social Security Act provides for a single rate of benefit for all workers. The Committee requests the Government to provide up-to-date statistical data, disaggregated by sex and age, on the number of people benefiting from unemployment insurance arrangements.

Part V of the report form. Application in practice. The Committee notes that the Government indicated in 2010 that the maritime authorities maintained records on occupational accidents in ports, but these data were not subject to any particular analysis. The Committee requests the Government to provide the information it considers useful on the manner in which the Convention is applied, in particular the relevant reports of the inspection services on the number of workers protected by legislation, the number and nature of the contraventions reported, and the number, nature and causes of accidents reported.

Possibility of ratifying the most up-to-date Convention. The Committee takes this opportunity to encourage the Government to give effect to the decision adopted by the Governing Body at its 328th Session (October–November 2016) approving the recommendations of the Standards Review Mechanism Tripartite Working Group, and to envisage ratifying the Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152), which is the most up-to-date instrument in this area.

In order to provide a comprehensive view of the issues relating to the application of ratified conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.

Articles 6, 10 and 16 of Convention No. 81 and Articles 8, 14 and 21 of Convention No. 129. Numbers of labour inspectors and inspection visits. Conditions of employment. The Committee notes the Government’s indication in its report, in reply to its previous request, that the number of labour inspectors working at the Department of Industrial Relations and Employment has increased to ten inspectors and that there is an ongoing procedure to recruit another inspector within that Department. The Government adds that two senior managers were recruited in late 2015 with the specific aim of inspecting and investigating claims of precarious work in companies providing services to government departments and public entities. The Committee notes that the Government has not provided a reply to its previous request as regards the conditions of service of labour inspectors. In this respect, the Committee notes the statement in the latest annual reports of the Department of Industrial Relations and Employment (available on the website of that entity) that there have been many changes in the staff of that Department. The Committee also notes with concern from these reports that there has been a decrease in the number of labour inspections between 2015 and 2018, with a particularly significant decrease in these numbers between 2017 and 2018. In fact, it notes from these statistics that there was a decrease from an average of 963 labour inspections in 2017 (resulting in the detection of about 285 violations in that year) to 154 labour inspections in 2018 (with 274 violations detected). The Committee notes from the annual reports of the Occupational Health and Safety Authority that between 2015 and 2018, the number of staff at the Occupational Health and Safety Authority rose from 31 to 35 (and the number of persons in professional and technical positions rose from 15 to 20), and the number of visits undertaken by the Occupational Health and Safety Authority rose from 2,139 in 2015 to 3,738 in 2018. The Committee requests the Government to provide an explanation for the substantial decrease in the number of labour inspections undertaken by the Department of Industrial Relations and Employment, especially as regards the decrease between 2017 and 2018, and to indicate what measures it is taking or plans to take to increase the number of inspections in light of prior levels. Moreover, as the Government has not provided a reply in this respect and in view of the fluctuations in the staff of the Department of Industrial Relations and Employment, the Committee once again requests the Government to provide information on the conditions of service of labour inspectors and to indicate whether they are such as to attract and retain sufficient numbers and motivated staff. In addition, the Committee requests the Government to continue to provide information on the number of labour inspectors working at the Department of Industrial Relations and Employment and at the Occupational Health and Safety Authority, as well as the number of inspections undertaken by these entities.

The Committee is raising other matters in a request addressed directly to the Government.

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.

Article 14 of Convention No. 81 and Article 19 of Convention No. 129. Notification of cases of occupational disease. The Committee previously noted, in its comment on the application of the Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148), research indicating that a large number of occupational accidents and diseases went unreported. The Committee notes from the 2018 annual report of the Occupational Health and Safety Authority that notifications of suspected cases of occupational disease are an important tool, when used effectively, in obtaining a reliable picture regarding the prevalence of occupational ill-health in Malta, which according to the report, remains very unclear. The report also states that during 2018, the Occupational Health and Safety Authority worked on a number of initiatives targeting medical practitioners as part of its efforts to rectify that situation. The Committee requests the Government to provide more detailed information on the activities undertaken by the Occupational Health and Safety Authority to improve the notification of occupational accidents and diseases

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Annual labour inspection reports. The Committee notes that no annual report on the work of the labour inspection services was received by the Office, but that the annual reports of the Occupational Health and Safety Authority and the Department of Industrial and Employment Relations are available on the website of those entities. The Committee notes that these reports contain information in relation to most of the subjects listed in Article 21 of Convention No. 81, but that disaggregated information is missing as regards labour inspection activities in the agricultural sector, such as statistics of agricultural undertaking liable to inspection and the number of persons working therein (Article 27(c)), statistics of inspection visits (Article 27(d)), statistics of violations and penalties imposed (Article 27(e)), statistics of occupational accidents, including their causes (Article 27(g)). Moreover, information on the number of occupational diseases is missing (Article 21(g) of Convention No. 81 and Article 27(g) of Convention No. 129). The Committee requests the Government to transmit to the ILO the annual reports on the work of the labour inspection services, as required by Articles 20 of Convention No. 81 and 26 of Convention No. 129, containing all the information listed in Articles 21 and 27 of Conventions Nos 81 and 129 respectively.

Labour inspection and child labour. The Committee previously noted that the number of reported cases of violations of the minimum age legislation had dropped from 52 cases in 2005–06 to 42 cases in 2010–11. In this respect, the Committee notes from the statistical information provided in the Government’s report under the Worst Forms of Child Labour Convention, 1999 (No. 182), that this number had further decreased to 21 cases in 2016. The Committee takes note of this information.

Articles 1(2), 8 and 11 of the Convention. Cooperation between the public employment service and private employment agencies. Arrangements for young persons. The Committee notes the information contained in the Government’s detailed report, including with regard to the adoption of Act XXXIX of 2018. The Employment and Training Services Act 2018, which superseded the Employment and Training Services Act 1990. The Government states that the 2018 Act governs Jobsplus, the national employment service, as well as the National Employment Authority, a tripartite body mandated to investigate and adjudicate complaints regarding employment and training services provided by Jobsplus. The Government reports that, in 2018, Jobsplus received 30,047 vacancies, 56 per cent of which were filled by female jobseekers. In 2017, the number of vacancies received was 28,480, with female participation at approximately 55 per cent. The Committee notes that the number of persons with disabilities placed in employment decreased from 212 in 2017 to 138 in 2018. The Committee further notes that, in 2018, Jobsplus received 126,206 applications for employment, a significant increase compared to 108,636 applications received in 2017. With respect to private employment agencies, the Committee notes that the 2018 Act has removed the provisions on private employment agencies and their regulation, previously contained in Chapter V of the Employment and Training Services Act, 1990, as amended. In addition, the 2018 Act has removed the provisions concerning apprenticeships and traineeships previously contained in the 1990 Act. The Committee requests the Government to continue to provide detailed, up-to-date information regarding the activities and results achieved by Jobsplus, including statistics, disaggregated by sex and age, on the number of applications for employment received, the number of vacancies notified and the number of persons placed in employment (Part IV of the report form). It further requests the Government to provide information on the measures taken or envisaged in the framework of Act XXXIX of 2018 to ensure, in cooperation where necessary with other public and private bodies concerned, the best possible organization of the employment market (Article 1(2) of the Convention). The Committee also requests the Government to provide information on the manner in which, following the adoption of Act XXXIX of 2018, private employment agencies are regulated and effective cooperation between the public employment service and private employment agencies is ensured (Article 11). The Government is further requested to provide information on the measures taken to regulate apprenticeships and traineeships following the adoption of the 2018 Act, as well as on any special arrangements for young persons developed in the framework of the employment and vocational guidance services (Article 8).

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.

Part III of the Convention. Regulation of fee-charging employment agencies. In its 2017 comments, the Committee requested the Government to provide information on the measures taken or envisaged to give effect to Part III of the Convention, including penalties imposed in the event of violations, the number of inspections conducted and the types of violations identified. In its response, the Government indicates that employment agencies are regulated by Part V of the Employment and Training Services Act 1990 and the Employment Agencies Regulations. The Government adds that the penalties which may be imposed for violations of the Employment Agencies Regulations include fines, refusal of applications and revocation of licences. Noting that the Government has not provided information with respect to the development or implementation of any measures taken to give concrete effect to the main requirements of Part III of the Convention, the Committee reiterates its request that the Government provide information on all measures taken to ensure the full application of the Convention, including measures adopted to supervise the activities of fee-charging employment agencies, the number and nature of the contraventions reported and the penalties imposed.

Revision of Convention No. 96. Noting that the Government has provided no information in response to the Committee’s previous comments, the Committee once again recalls that, with regard to countries such as Malta that have ratified the Employment Service Convention, 1948 (No. 88), and accepted Part III (Articles 10–14) of Convention No. 96, Convention No. 181 is more specific and takes into account newer developments in the sector and national circumstances (see General Survey on the employment instruments, 2010, paragraph 728). The Committee further recalls that at its 273rd Session in November 1998, the ILO Governing Body invited those States parties to Convention No. 96 to contemplate ratifying Convention No. 181, as appropriate. The Committee once again expresses the hope that the Government and the social partners will consider the possibility of ratifying Convention No. 181, the ratification of which would lead to the immediate denunciation of Convention No. 96.

Articles 2 and 4 of the Convention. Minimum wages. Cooperation with employers’ and workers’ organizations. The Committee notes the Government’s statement, in its report, that the wage councils were replaced by the tripartite Employers Relations Board (ERB), composed of three employers’ representatives, three workers’ representatives as well as three Government’s representatives. It notes the Government’s repeated indication that the standard national minimum wage, wage regulation orders as well as collective agreements do not allow wage differentials on the basis of sex. The Committee wishes to point out that, even when regulations determining the minimum wage do not explicitly provide for different remuneration rates for men and women or when they only prohibit sex-based wage discrimination, this will not normally be sufficient to give effect to the Convention as it does not fully capture the concept of work of equal value set out in the Convention. Furthermore, in practice, minimum wages are often set at the sectoral level, and there is a tendency to set lower wages for sectors predominantly employing women. Therefore, special attention is needed in the design or adjustment of sectoral minimum wage schemes to ensure that the rates fixed are free from gender bias, and in particular that certain skills considered to be “female” are not undervalued (see General Survey of 2012 on fundamental Conventions, paragraphs 676 and 683). In light of the persisting occupational gender segregation, the Committee asks the Government to indicate how it is ensured that, in the minimum wage-fixing process, in particular in the framework of the ERB, rates are fixed based on objective criteria, free from gender bias (such as qualifications, effort, responsibilities and conditions of work) and that occupations predominantly carried out by women are not undervalued in comparison with those predominantly undertaken by men. It further asks the Government to provide information on any activities undertaken to raise awareness of the principle of the Convention among the members of the ERB, as well as workers, employers and their representatives, and on any cooperation undertaken with employers’ and workers’ organizations in this regard.

Enforcement. The Committee notes the Government’s indication that, in 2016, three cases dealing with equal pay were brought before courts of which one was concluded in favour of the complainant. The Government adds that an investigation was conducted in 2015 by the National Commission for the Promotion of Equality (NCPE) on a gender discrimination case where it was found that a female manager was paid less than her male counterparts, and that as a result the female manager received a substantial salary increase and a press statement was issued by the NCPE to raise further awareness of employers and enhance transparency in the way in which wages are set. The Committee notes the Government’s general statement that inspectors reported ten cases of discrimination relating to equal treatment in 2015, none in 2016 and one case in 2017. The Committee asks the Government to provide specific information on the number and nature of cases related to the principle of equal remuneration for men and women for work of equal value dealt with by courts, labour inspectors, the NCPE, as well as any other competent authorities, including on the sanctions imposed and remedies provided. In light of the low and decreasing number of cases concerning inequality of remuneration officially registered, it asks the Government to provide information on any activities undertaken or envisaged to raise public awareness of the relevant legislative provisions, the procedures and remedies available related to the principle of the Convention, and on their impact.

Legislative developments. The Committee previously requested the Government to provide information on the application of sections 3(A)(1) and 3(A)(2) of the Equal Treatment in Employment Regulations, subsequent to the amendment made in 2007, in particular as regards the manner in which “work of equal value” is determined and what is considered to be included as “remuneration”. The Committee notes the Government’s general indication, in its report, that “work of equal value” and “remuneration” are determined on a case by case basis by the Industrial Tribunal as these have not been defined by the current legislation. However, the Committee notes that, in its 2018 conclusions, the European Committee of Social Rights (ECSR) concluded that it has not been established that the principle of equal pay is effectively guaranteed in practice (ECSR, conclusions of 2018, p. 12). The Committee further notes that, as highlighted by the European Commission against Racism and Intolerance (ECRI) in its 2018 report, an Equality Bill is under preparation with the aim of presenting the equality legal framework in one comprehensive legislative Act. It further notes that a Human Rights and Equality Commission Bill, which would replace the current National Commission for the Promotion of Equality (NCPE), is also under preparation. Both bills were presented to Parliament in 2017 and are still before Parliament (CRI(2018)19, paragraphs 14 and 18). The Committee reiterates its request to the Government to provide specific information on the practical application of sections 3(A)(1) and 3(A)(2) of the Equal Treatment in Employment Regulations, including by providing concrete examples on the manner in which the terms “work of equal value” and “remuneration” have been interpreted in practice, including by the Industrial Tribunal. It asks the Government to provide a copy of any administrative or judicial decisions concerning equal remuneration for men and women for work of equal value, as well as on any activities undertaken to raise public awareness of the principle of equal remuneration for men and women for work of equal value. The Committee trusts that the Government will seize every opportunity to ensure that any new legislation will explicitly define and give full expression to the principle of equal remuneration between men and women for work of equal value, in particular as regards the manner in which “work of equal value” is determined and what is considered to be included as “remuneration”, and asks the Government to provide information on the status of the Equality Bill and the Human Rights and Equality Commission Bill, as well as a copy of both pieces of legislation once adopted.

Articles 1 and 2 of the Convention. Addressing the gender pay gap. Referring to its previous comments, the Committee notes the Government’s comments concerning the activities carried out by the NCPE in relation to the gender pay gap, such as the organization of a national Conference in 2015, the awarding of the “Equality Mark Certification” to 78 companies by August 2017, as well as awareness-raising activities such as the “PayM€qually” campaign launched in November 2017. It also notes that several initiatives were implemented to enhance women’s participation in decision-making positions. The Committee however notes that, according to the last available Labour Force Survey (LFS) published by the National Statistics Office, although the employment rate of women slightly increased from 59.1 per cent at the end of 2017, to 61.5 per cent at the end of 2018, it remained substantially lower than the employment rate of men (81.2 per cent and 82.3 per cent, respectively). It notes that women are still concentrated in low-paid jobs and continued to be underrepresented in decision-making positions, with only 6.2 per cent of women were employed as managers at the end of 2018, compared to 13.2 per cent of men. The Committee notes with concern that, according to the NCPE annual report, in 2017, women represented only 28.2 per cent of civil servants employed in the top five salary scales, compared to 71.8 per cent of men. It further notes that, according to the LFS, the average annual basic salary of women employed in the same economic activity or in the same occupational group as men was systematically substantially lower than that of men, and that the average pay differentials between men and women increased from 17.9 per cent at the end of 2017, to 18.9 per cent at the end of 2018 (Labour Force Survey (Q4/2018), tables 4 and 10–15, 25 March 2019). It notes that, according to Eurostat, the unadjusted gender pay gap increased from 9.7 per cent in 2013 to 12.2 per cent in 2017. In light of the increasing gender pay gap, the Committee urges the Government to strengthen its efforts to take proactive measures, in collaboration with employers’ and workers’ organizations and the NCPE or any other relevant institution, to raise public awareness, make assessments, and promote and enforce the application of the principle of equal remuneration for men and women for work of equal value. It asks the Government to provide information on the specific measures taken to reduce and address the gender pay gap, including by addressing occupational gender segregation and promoting women’s access to high-level positions and higher-paid jobs and by encouraging more girls to take up Science, Technology, Engineering and Mathematics (STEM) subjects which can lead to better paid and more secure jobs. It asks the Government to continue to provide updated statistical information on the earnings of men and women in the public and private sectors, disaggregated by economic activity and occupation.

Article 3. Objective job evaluation. The Committee previously requested the Government to provide information on the measures taken to implement the recommendations of the NCPE regarding the adoption of a national system of objective job evaluation. Noting the Government’s statement that it needs to be ensured that the principle of the Convention is implemented in practice to continue combating gender discrimination in employment, the Committee wishes to recall that no society is free from discrimination and constant efforts are needed to take action against it. Furthermore, the principle of equal remuneration for men and women for work of equal value requires the use of appropriate techniques for objective job evaluation to determine and compare the relative value of work, comparing factors such as skills, effort, responsibilities, and working conditions, using criteria that are free from gender bias. In particular, it is important to ensure that the selection of factors for comparison, the weighting of such factors and the actual comparison carried out are not discriminatory, either directly or indirectly (see General Survey of 2012 on the fundamental Conventions, paragraphs 675 and 701). The Committee again asks the Government to indicate the measures taken to promote the development and use of job evaluation methods based on objective criteria in the private sector, in collaboration with employers’ and workers’ organizations, as well as in the public sector. It asks the Government to provide information on any progress made in this regard.

The Committee is raising other matters in a request addressed directly to the Government.

Article 1(1)(a) of the Convention. Prohibited grounds of discrimination. Discrimination based on sex. The Committee notes the Government’s indication, in its report, that section 2(1) of the Equality for Men and Women Act was amended in 2015 to include the grounds of “gender expression” and “sex characteristics” in the definition of “discrimination”. Referring to its previous comments concerning the pre-1980 requirement for female public officers to resign on marriage, and the negative impact of this measure on their pensionable remuneration, the Committee notes the Government’s indication that no records were kept on the number of women who resigned due to marriage, nor on the number of affected women who requested reinstatement so as to re-enter public service at the same level after having left on marriage. The Government adds that the lack of available data makes it impossible to take steps to compensate women who left on marriage and in consequence experienced pension losses. In this regard, the Committee wishes to point out that one way to ensure that most of the women affected by this measure are compensated could be to advertise for women affected to come forward. Noting that, according to its 2017 annual report, the National Commission for the Promotion of Equality (NCPE) intervened in 43 cases of discriminatory advertisements, including 39 cases concerning sex discrimination in relation to vacant posts, education or vocational training, the Committee asks the Government to provide information on any steps taken, including through awareness-raising campaigns, to address sex-based discrimination in access to employment, education and vocational training, as well as in terms and conditions of employment, in accordance with section 26 of the Employment and Industrial Relations Act and section 4 of the Equality for Men and Women Act. It asks the Government to provide information on any complaint filed in this respect with the NCPE, the courts or any other competent authorities, as well as penalties imposed and compensation awarded. Further, the Committee urges once again the Government to address the impact of the pre-1980 requirement for female public officers to resign upon marriage on their pensionable remuneration and to provide information on any progress on that issue.

Sexual harassment. The Committee previously referred to section 29(2) of the Employment and Industrial Relations Act (EIRA) and section 9 of the Equality for Men and Women Act, which define and prohibit sexual harassment in employment and occupation, and provide for penalties. The Committee notes the Government’s indication concerning the adoption of a policy on sexual harassment at the workplace in the public sector, which defines harassment and provides guidelines to victims and employers on the handling of complaints and the setting up of internal procedures for dealing with complaints of harassment. The Government adds that as a result of this policy, three cases of sexual harassment were registered in the public administration in 2016, two of which resulted in a written warning and a one-day suspension, respectively, and the third case resulted in a referral to court. The Committee further notes that training was provided by the NCPE on sexual harassment, but that the number of complaints on sexual harassment investigated by the NCPE has been diminishing from three in 2015, to none in 2016 and 2017. Noting that, in November 2017, national women’s rights experts, including from the NCPE, stated that sexual harassment in the workplace was “rampant” but rarely reported, the Committee recalls that the absence of complaints regarding sexual harassment does not necessarily indicate that this form of sex discrimination does not exist; rather it is likely to reflect the lack of awareness, understanding and recognition of this form of sex discrimination among government officials, and workers and employers and their organizations, as well as the lack of access to or the inadequacy of complaints mechanisms and means of redress, or fear of reprisals (see General Survey of 2012 on the fundamental Conventions, paragraph 790). Recalling the gravity and seriousness of sexual harassment, the Committee asks the Government to provide information on the practical application of section 29(2) of the Employment and Industrial Relations Act and section 9 of the Equality for Men and Women Act, including on the number of cases of sexual harassment in employment and occupation, both in the public and private sectors, dealt with by the competent authorities, including at the workplace level, as well as penalties imposed and compensation awarded. It further asks the Government to continue to provide information on any measures taken to prevent and address sexual harassment in employment and occupation, including practical measures taken to raise awareness and to ensure better understanding of both quid pro quo and hostile environment sexual harassment at the workplace level, as well as to assist and encourage victims of sexual harassment in filing complaints before the competent authorities.

Article 1(1)(b). Additional grounds of discrimination. Disability. The Committee notes the Government’s indication that a 2 per cent employment quota for persons with disabilities was established for enterprises employing more than 20 workers, as a result of sections 15 and 16 of the Persons with Disability (Employment) Act, amended in 2015. The Government adds that, in 2016, 842 persons in vulnerable situations, among which persons with disabilities, participated in specific schemes to enhance their access to employment and, at the end of August 2017, 236 participants were found in employment. However, the Committee refers to its 2017 direct request on the application of the Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159), where it noted that employers had reportedly resisted the employment quota for persons with disabilities and that fines and penalties imposed on those that had not complied with the statutory quota were not high enough to deter violations. It notes that, in its 2016–17 annual report, the National Commission for the Rights of Persons with Disability indicated that in the employment sector, the number of new complaints increased from 14 to 19. Taking note of the ongoing consultations on the draft Malta National Disability Strategy which includes specific employment and education measures, the Committee asks the Government to provide information on any measures taken to promote vocational training and employment opportunities of persons with disabilities, both in the private and public sectors, including by ensuring the effective implementation of the employment quota. It asks the Government to provide information on the status of the elaboration of the strategy, in collaboration with employers’ and workers’ organizations, and to provide a copy of the strategy once adopted. It further asks the Government to provide information on the employment rates of persons with disabilities, disaggregated by sex and economic sector, as well as on any complaints regarding employment discrimination based on disability brought before the competent authorities and remedies provided.

Articles 2 and 3. Equality of opportunity and treatment for men and women. In its previous comments, the Committee requested the Government to provide information on: (i) the implementation and results of the “Strengthening equality beyond legislation programme”, as well as on any other programmes and projects addressing discrimination; (ii) any awareness-raising and diversity training programmes implemented for employers and their results; and (iii) statistical information on labour force participation in the public and private sectors disaggregated by sex, ethnic and/or national origin. The Committee notes that several initiatives were implemented by the NCPE to enhance gender equality in employment, such as the “Equality Mark Certification” which was awarded to 13 companies in 2017, public awareness-raising campaigns and training sessions for relevant stakeholders to address traditional gender roles and stereotypes, as well as a mentoring programme. It further notes that the Directory of Maltese Professional Women was established in August 2017 to give further visibility to women’s abilities and to increase the opportunity of their being appointed to decision-making positions, and that by the end of 2017 more than 250 professional women were registered with this Directory. It notes that, in November 2017, the Council for Women’s Rights was established with the aim of addressing gender inequality and strengthening the dialogue between the Government and civil society in this area. The Committee notes that the employment rate for women increased from 47.1 per cent in 2014 to 53 per cent in 2017. However, it notes that in its 2017 annual report, the NCPE highlighted that both horizontal and vertical gender segregation in the labour market persisted, with women being under-represented in higher paid jobs and decision-making positions. At the end of 2017, only 6.5 per cent of women were employed as managers (against 11.3 per cent of men) while they represented 60.4 per cent of clerical support workers. In the public administration, women represented only 28.2 per cent of the civil servants employed in the top five salary scales. In that regard the Committee notes that, as a result of a December 2015 research survey on “gender quotas and other measures towards a gender-balanced representation in decision-making”, the NCPE concluded that women’s relatively higher achievement in education is not being reflected in the workplace and given the very low percentage of women on boards, quotas should be considered as a potentially effective solution. It also notes that gender segregation in education persists so that in 2017, Information and Communication Technology (ICT) related graduates were predominantly men whereas the vast majority of graduates in the fields of community services and social well-being were women. The Committee notes that, in the framework of the Universal Periodic Review, the United Nations Human Rights Council issued recommendations concerning the strengthening of Government’s efforts to promote the participation of women in employment, both in the public and private sectors, as well as in decision-making positions (A/HRC/40/17, 18 December 2018, paragraph 110). The Committee asks the Government to provide information on the specific measures taken to effectively reduce gender segregation in the labour market and to increase women’s representation in decision-making positions, both in the public and private sectors, including by combating gender stereotypes and through affirmative action measures, such as for example the introduction of gender quotas or increasing girls access to Science, Technology, Engineering and Mathematics (STEM) education. It asks the Government to continue to provide statistical information on the participation of men and women in education, training and employment, disaggregated by economic sector and occupation.

Reconciliation of work and family responsibilities. The Committee notes the Government’s indication concerning the increase of the maternity benefit rate and welcomes the establishment in July 2015 of a maternity leave fund to which employers contribute, according to the number of their employees irrespective of their sex, to finance maternity leave. It notes that, in November 2016, paid paternity leave was extended from two to five days in the public sector. The Committee notes that several initiatives were carried out by the NCPE, in particular within the framework of the “Equality beyond gender roles” programme, in order to raise awareness of the importance of men’s role in promoting gender equality; to break down stereotypes relating to traditional gender roles; to promote a fair and equal balance between paid and unpaid work; and increase awareness among employers and human resource managers on flexible-working arrangements and their relevance to gender equality. However, the Committee notes that in its 2017 annual report, the NCPE indicated that notwithstanding the implementation of several positive measures, such as free childcare for working parents, breakfast clubs and after-school and summer school programmes (“Klabb 3–16”), women still face a number of barriers to their full and equal participation in the labour market, as a result of gender roles and stereotypes as well as the unequal sharing of caring responsibilities between women and men. It notes that the NCPE indicated that, in 2017, 86.2 per cent of public employees benefiting from family-friendly working arrangements were women, while the percentage of men who benefited from family-friendly arrangements decreased from 16.1 per cent in 2015, to 13.8 per cent in 2016. The Committee asks the Government to continue to provide information on the measures taken to improve the reconciliation of work and family life for workers, both in the public and private sectors, including through the provision of free childcare facilities, and on the impact thereof. It further asks the Government to provide information on awareness-raising activities undertaken to address stereotyped assumptions about women’s responsibilities at home, and on their outcomes.

Enforcement. The Committee notes the Government’s general indication that, in 2016, 15 complaints related to discrimination were brought before the courts but that the grounds for discrimination were not specified. The Government adds that one case of discrimination was decided in favor of the complainant, while one case of sexual harassment was decided against the complainant. The Committee further notes that, according to its annual report, in 2017, the NCPE examined only nine complaints of alleged discrimination of which three were based on gender, three on race or origin, two on age and one on religion or belief. It notes that this number remained stable compared to 2016 but represented only half of the complaints registered in 2015. The Committee asks the Government to provide specific information on the number, nature and outcome of any cases of discrimination in employment and occupation addressed by the competent authorities, including the NCPE, the labour inspectorate and the courts, indicating the grounds of discrimination addressed, the sanctions imposed and the remedies provided. In light of the low and decreasing number of discrimination cases officially registered, it asks the Government to provide information on any activities undertaken to raise public awareness of the relevant legislative provisions, the procedures and remedies available related to the provisions of the Convention, and on their impact.

Article 1(1)(a) of the Convention. Prohibited grounds of discrimination. Legislative developments. For a number of years, the Committee has been drawing the Government’s attention to the absence of legislation or practical measures providing protection against discrimination on the ground of social origin. It notes the Government’s indication in its report that the definition of “discriminatory treatment” in the Employment and Industrial Relations Act (EIRA), 2002, is non-exhaustive so that even though “social origin” is not specified, it could be a ground for discrimination under the Act. The Committee recalls that when legal provisions are adopted to give effect to the principle of the Convention, they should include at least all of the grounds set out in Article 1(1)(a) of the Convention (see the 2012 General Survey on the fundamental Conventions, paragraph 853). The Committee notes, however, that, as highlighted by the European Commission against Racism and Intolerance (ECRI) in its 2018 report, an Equality Bill is currently being prepared with the aim of introducing comprehensive legislation on discrimination in a single Act. It further notes that a Bill is also under preparation, which would replace the current National Commission for the Promotion of Equality (NCPE) with a Human Rights and Equality Commission. Both Bills were presented to Parliament in 2017, but are still in the process of enactment (CRI (2018)19, paragraphs 14 and 18). The Committee hopes that the Government will take this opportunity to ensure that any new legislation explicitly prohibits direct and indirect discrimination in all aspects of employment and occupation, on at least all of the seven grounds set out in Article 1(1)(a) of the Convention, including social origin, while also ensuring that the additional grounds already enumerated in the national legislation are maintained in the new legislation. It asks the Government to provide information on the status of the Equality Bill and the Human Rights and Equality Commission Bill, and to provide a copy of both texts once adopted.

Articles 2 and 3. Equality of opportunity and treatment irrespective of race, colour or national extraction. Referring to its previous comments on the initiatives taken to combat racial and ethnic discrimination, the Committee notes the Government’s indication that several awareness-raising activities, targeting in particular the African minority in Malta, as well as training sessions have been carried out by the NCPE, mainly focusing on diversity in the workplace. It welcomes the adoption of the first National Migrant Integration Strategy 2017–20 and its accompanying Action Plan (Vision 2020), launched in December 2017, which provide for awareness-raising campaigns concerning the attributes and needs of most vulnerable and stereotyped migrants. They also include mainstreaming integration policies and measures targeted at migrants, in particular in sectors such as education and employment. The Committee notes the detailed statistical information provided by the Government on the number of participants in training programmes and employees in the public and private sectors, disaggregated by gender and nationality. It notes that, according to Eurostat, Malta recorded the highest rates of immigration in 2017 (46 immigrants per 1,000 persons). However, the Committee notes that, in the context of the Universal Periodic Review, the United Nations Human Rights Council issued recommendations regarding the strengthening of the Government’s efforts to combat racial discrimination, in particular in access to employment, and the eradication of stereotypes and discrimination against migrants (A/HRC/40/17, 18 December 2018, paragraph 110). It further notes that the UN Special Rapporteur on the human rights of migrants also expresses concern at the exploitation by employers of migrants in an irregular situation, asylum seekers and refugees, who are made to work long hours and paid less than the minimum wage, without the required safety equipment or insurance, often in the construction, tourism and caregiving industries. According to the Special Rapporteur, such workers refrain from protesting and mobilizing due to their fear of being detected, detained and deported. The Special Rapporteur also observed that, while those contractors and subcontractors who are found to have exploited workers, including migrants, could be blacklisted and denied government contracts for a period of three years, sanctions against employers are rare in practice (A/HRC/29/36/Add.3, 12 May 2015, paragraphs 95 and 96). The Committee notes that in its 2018 report ECRI also expresses concern at the high number of complaints of extremely low wages and exploitation in unregistered employment, mostly among refugees (CRI(2018)19, paragraph 77). The Committee wishes to point out that under the Convention all migrant workers, including those in an irregular situation, must be protected from discrimination in employment on the basis of the grounds set out in Article 1(1)(a) of the Convention (see 2012 General Survey, paragraph 778). The Committee urges the Government to take proactive measures to combat stereotypes and discrimination based on race, colour or national extraction, and to effectively ensure equality of opportunity and treatment of migrant workers, including those in an irregular situation, asylum seekers and refugees, in education, training, employment and occupation, pursuant to the Convention. It also asks the Government to provide specific information on the implementation of any programmes undertaken in that regard, both at the national and enterprise levels, including in the framework of the National Migrant Integration Strategy and Action Plan 2017–20, as well as a copy of any relevant studies and reports evaluating their impact. It further asks the Government to provide information on the number and nature of cases in which migrant workers, asylum-seekers and refugees have faced racial stereotyping and discrimination in education, training, employment and occupation which have been dealt with by the NCPE, the labour inspectorate or the courts, as well as on the remedies provided.

General observation of 2018. With regard to the above issues, and in more general terms, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population. The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

The Committee is raising other matters in a request addressed directly to the Government.

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.

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.

In order to provide a comprehensive view of the issues relating to the application of ratified conventions on occupational safety and health, the Committee considers it appropriate to examine Conventions Nos 62 (safety provisions (building)), 119 (guarding of machinery), 127 (maximum weight), 136 (benzene) and 148 (working environment (air pollution, noise and vibration)) together.

Article 15(2) of Convention No. 119, Article 8 of Convention No. 127, Article 14(c) of Convention No. 136, and Article 16 of Convention No. 148. Activities of the Occupational Health and Safety Authority to ensure compliance. In its previous comment on the application of Convention No. 148, the Committee noted the Government’s reference to research published by the Occupational Health and Safety Authority in 2011 indicating shortcomings with regard to the training of workers in the area of Occupational Safety and Health (OSH), the coverage of workers by medical examinations, the access of workers to health and safety representatives, and the carrying out of risk assessments by employers. The Committee notes that the Government indicates in its report on the application of Convention No. 148, in response to the Committee’s request, that improvements of OSH levels can only be realized through enforcement and awareness-raising activities, with the involvement of the social partners. The Committee notes that the 2018 annual report of the Occupational Health and Safety Authority contains information on awareness-raising activities and inspection visits undertaken by the Authority, including in relation to several of the observed shortcomings in 2011. It also notes from the same report that the injury and fatality rates have seen a downward trend in recent years. The Committee requests the Government to continue to provide information on the implementation of the ratified OSH Conventions. In this respect, it requests the Government to provide statistical information on the number of inspections undertaken, and the number of violations detected in the specific areas previously identified as shortcomings, as well as any measures taken by the Occupational Health and Safety Authority as a result.

Protection against specific risks

Guarding of Machinery Convention, 1963 (No. 119)

Articles 6 and 7 of the Convention. Prohibition by national laws and regulations of the use of machinery without appropriate guards. Compliance by employers with those provisions. The Committee notes the Government’s reference in its report, in response to the Committee’s request, concerning the legal provisions which require the provision of appropriate guards for the use of dangerous parts of machinery. The Committee also notes, from the 2018 Report of Activities of the Occupational Health and Safety Authority, the information on inspections undertaken to ensure that employers comply with their obligations as regards machinery and equipment. The Committee takes note of this information.

Maximum Weight Convention, 1967 (No. 127)

Article 3 of the Convention. Manual transport of a load likely to jeopardize the health and safety of the worker. The Committee notes that the Government, in response to its previous request, states that, in accordance with the Protection against Risks of Back Injury at Work Places Regulations, 2003 determining the weight that may be lifted by a worker requires a risk assessment by the employer, in consultation with the workers. It notes that pursuant to section 4(3)(4) and (5) of the Regulations, employers shall take into account the worker’s capabilities as regards health and safety, as well as the worker’s medical fitness to carry out the assigned task, make necessary arrangements for the health surveillance of workers, and take all measures and precautions so as to protect groups particularly sensitive to risks. In this respect, employers shall consider the individual risk factors as laid down in Schedules I and II of the Regulations. The Committee takes note of this information.

Benzene Convention, 1971 (No. 136)

Article 6(3) of the Convention. The Committee notes the Government’s indication, in response to its previous request, that the Occupational Health and Safety Authority ensures (through inspection, enforcement and awareness initiatives) that duty holders take measures to ensure compliance with the national legislation on maximum limits of concentrations of benzene in workplaces. The Committee also notes that the Government, in response to the Committee’s request, indicates that the Occupational Health and Safety Authority has not issued directions on how to carry out measurements of the concentration of benzene within the workplace, but that it relies on international methodologies for this purpose. The Committee takes note of this information.

Application of the Convention in practice. The Committee notes the Government’s indication, in reply to its request, that the number of workplaces in the country where benzene is used is very small and that such use is only undertaken in laboratory facilities, normally involving analytical testing.

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148)

Article 2. Extension of the obligations of the Convention with respect to other categories of hazards. The Committee recalls that upon ratification, the Government only accepted the obligations of the Convention as regards the hazard of air pollution. The Committee notes the Government’s reference, in response to the previous Committee’s request, to the specific legislation in force as regards protection from hazards related to noise and vibration. In view of the existing legislation covering these categories of hazards, the Committee reminds the Government of the possibility of sending a formal notification to the Director General of the International Labour Office that it accepts the obligations of the Convention in respect of the categories previously excluded, in accordance with Article 2(3) of the Convention.

Article 4. National laws or regulations regarding air pollution. The Committee notes the Government’s reference, in response to its request, to the legislation on the protection from different forms of air pollution.

Article 11(3). Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure to air pollution is medically inadvisable. The Committee notes from section 36(15) of the Employment and Industrial Relations Act that workers are entitled to employment injury benefits in relation to a number of occupational diseases resulting from air pollution as listed in the Social Security Act. It further notes that, in accordance with section 35(16) of the Employment and Industrial Relations Act, employers shall find suitable employment where the disease has caused a disability rendering the employee unfit for their former employment. In this respect, the Committee recalls that it previously noted that research by the Occupational Health and Safety Authority indicated that a number of workers were not covered by medical examinations. It further notes from the 2018 report of the Occupational Health and Safety Authority (available on the website of that entity) that certain suspected cases of occupational diseases under the Social Security Act remain unnotified by medical practitioners or by employers. The Committee requests the Government to provide information on how it is ensured in practice that occupational diseases resulting from exposure to air pollution are recognized with a view to ensuring that workers, whose continued assignment to work involving exposure to air pollution is medically inadvisable, are provided with suitable alternative employment or that measures are taken so as to maintain their income through social security measures in accordance with Article 11(3) of the Convention.

Protection in specific branches of activity

Safety Provisions (Building) Convention, 1937 (No. 62)

The Committee recalls that the ILO Governing Body (at its 334th Session, October–November 2018), on the recommendation of the Standards Review Mechanism Tripartite Working Group, confirmed the classification of the Safety Provisions (Building) Convention, 1937 (No. 62) as an outdated instrument, and has placed an item on the agenda of the 113th Session of the International Labour Conference (2024) concerning its abrogation. The Governing Body also requested the Office to undertake follow-up action to actively encourage the ratification of the up-to-date instrument concerning the Safety and Health in Construction Convention, 1988 (No. 167), and recommended to offer technical assistance to those countries requiring most support. The Committee therefore encourages the Government to follow-up the Governing Body’s decision at its 334th Session (October–November 2018) approving the recommendations of the Standards Review Mechanism Tripartite Working Group and to consider ratifying Convention No. 167. The Committee reminds the Government of the possibility to avail itself of the technical assistance of the Office in this regard.

Comments adopted by the CEACR: Malta

Adopted by the CEACR in 2022

C144 - Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Adopted by the CEACR in 2021

C087 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C098 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Adopted by the CEACR in 2020

C149 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C159 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

MLC, 2006 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Adopted by the CEACR in 2019

C002 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C032 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C081 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

C081 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C088 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C095 - 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)

C096 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C100 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C100 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

C111 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C111 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

C117 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C131 - 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)

C148 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Protection against specific risks

Guarding of Machinery Convention, 1963 (No. 119)

Maximum Weight Convention, 1967 (No. 127)

Benzene Convention, 1971 (No. 136)

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148)

Protection in specific branches of activity

Safety Provisions (Building) Convention, 1937 (No. 62)

Comments adopted by the CEACR: Malta

Display the list by:

Adopted by the CEACR in 2022

C144 - Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Adopted by the CEACR in 2021

C087 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C098 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Adopted by the CEACR in 2020

C149 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C159 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

MLC, 2006 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Adopted by the CEACR in 2019

C002 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C032 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C081 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

C081 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C088 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C095 - 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)

C096 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C100 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C100 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

C111 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C111 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

C117 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C131 - 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)

C148 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Protection against specific risks

Guarding of Machinery Convention, 1963 (No. 119)

Maximum Weight Convention, 1967 (No. 127)

Benzene Convention, 1971 (No. 136)

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148)

Protection in specific branches of activity

Safety Provisions (Building) Convention, 1937 (No. 62)