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Equal Remuneration Convention, 1951 (No. 100) - Malta (RATIFICATION: 1988)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

1. Article 2 of the Convention. The Committee notes that under section 30 of the Employment and Industrial Relations Act (No. 22), 2002, the Minister may adopt regulations to give better effect to the principle of equal remuneration for men and women workers for work of equal value. It asks the Government to indicate in its next report whether special regulations are envisaged or have been adopted and, if so, to provide copies of such regulations.

2. Enforcement of the legal provisions giving effect to the Convention. The Committee notes the Government’s statement with respect to the activities carried out by the labour inspectorate. It notes that in 2003, 3,229 inspections were carried out (compared with 1,639 in 2001) and 783 irregularities were observed. The Committee notes the Government’s statement that no violations of the requirement for equal remuneration for men and women workers for equal work were reported or detected. The Committee feels obliged to express its concern that the reporting of no violations often signals a lack of knowledge of the law, or inadequate procedures. It therefore asks the Government to provide precise and detailed information with its next report on the activities of the labour inspectorate to determine any violations of the principle of the Convention, including any measures taken or envisaged to provide training and carry out awareness-raising activities on the principle of equal remuneration for men and women workers for work of equal value.

3. Having already noted the possibility, under sections 28 and 30 of the Employment and Industrial Relations Act (No. 22), 2002, of referring a claim for unequal remuneration for work of equal value to the Industrial Tribunal and the prohibition of the victimization of a worker presenting such claim, the Committee asks the Government to provide detailed information with its next report of any alleged violations of the principle of equal remuneration for work of equal value referred to the Industrial Tribunal, any decisions made and whether any cases have been reported of the victimization of an alleged victim.