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

Holidays with Pay Convention (Revised), 1970 (No. 132) - Malta (Ratification: 1988)

The Committee notes the information provided in the Government's first report on the application of the Convention. It would be grateful if additional information on the following points were provided in the next report, in respect of both the public and private sectors.

Article 2(2) and (3) of the Convention. The Committee notes that the Weekly Day of Rest and Annual Vacation Leave National Standard Order, 1989 covers "whole-time employees" as that term is used in recognised conditions of employment in accordance with section 10 of the Conditions of Employment (Regulation) Act, 1952. It would be grateful if the Government would indicate the meaning of the term "whole-time employees" and, in so far as employed persons might be excluded from the application of the Convention, provide the information requested in the report form.

Article 5(3). Please indicate how length of service is calculated for purposes of this Article.

Article 5(4). Please indicate under what conditions absence from work for reasons beyond the control of the employed person is counted as part of the period of service required for entitlement to an annual holiday with pay.

Article 6(2). Please indicate whether and in what conditions periods of incapacity for work resulting from sickness or injury are counted as part of the annual holiday with pay.

Article 7. Please indicate how holiday pay is calculated and whether it is paid to persons concerned in advance of the holiday.

Article 8. Please indicate whether division of the annual holiday into parts is authorised and, if it is, whether at least one part must consist of at least two uninterrupted working weeks.

Article 9. Please indicate under what circumstances any accumulation of untaken holiday leave is permitted, having regard to this Article.

Article 11. Please indicate how, upon termination of employment, the holiday with pay due, compensation in lieu, or the equivalent holiday credit are guaranteed.

Article 12. Please indicate how it is ensured that agreements to relinquish the right to the minimum annual holiday are prohibited.

Article 13. Please indicate any rules in respect of engaging in a gainful activity during the annual holiday.

Article 14. Please indicate the manner in which the proper application and enforcement of regulations and provisions concerning annual holidays with pay are assured, whether by inspection or otherwise.