Observación (CEACR) - Adopción: 2024, Publicación: 113ª reunión CIT (2025)

Convenio sobre la libertad sindical y la protección del derecho de sindicación, 1948 (núm. 87) - Malta (Ratificación : 1965)

The Committee previously took note of the observations of the General Workers’ Unions (GWU), which had denounced violations of the right to organize in practice. The GWU alleged 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 notes the information provided by the Government in its reply thereto, and in particular, on the work carried out by the Department of Employment and Industrial Relations in relation to the alleged violations, which included conciliation meetings and inspections.

Article 2 of the Convention. Right to establish organizations without previous authorization. The Committee had 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. The Committee requested to the Government to take the necessary measures to repeal section 51 of the EIRA. The Committee notes with regret that the Government reiterates the information it has previously provided on the importance of registration. 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 once again requests the Government to take the necessary measures to repeal section 51 of the EIRA, in consultation with the social partners, and to provide information on any developments in this regard.

Article 3. Right of organizations to freely organize their activities and to formulate their programmes. In its previous comments, the Committee urged the Government to take the necessary measures to modify 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 may only take place with the approval of both parties or in circumstances in which a strike can be restricted or prohibited. The Committee notes with regret that the Government reiterates that the mechanism provided by the above-mentioned section is to be used in case of failure of conciliation and that the purpose of the Industrial Tribunal would be gravely undermined if a party could not challenge another party unless the latter agrees. It further points out that this arrangement has never been disputed by trade unions. 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 the failure of conciliation does not justify the imposition of compulsory arbitration. The Committee once again 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 provide information 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 continue providing information on the practical application of section 67A of the EIRA. The Committee takes due note of the Government’s indication that 2,099 members have registered with the Malta Police Union, 1,411 members have registered with the Police Officers Union and 95 members have registered with the Union of Civil Protection.