Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

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

The Committee notes the information provided in the Government's first report.

1. The Committee notes that under section 5 of the Minimum Weekly National Standard Order 1976 (LN 42 of 1976) the wage payable to a female employee shall in no case be less than that payable to a male employee in respect of equal work or of work of equal value. In accordance with Article 1(a) of the Convention, the Committee requests the Government to indicate whether section 5 of the 1976 Order applies to wage rates above the statutory minimum, including those set by collective agreements; and to provide information on the practical measures taken to ensure the application of the principle of equal remuneration to any allowances or benefits (such as those contemplated under section 19 of the Conditions of Employment (Regulation) Act 1952) actually paid in addition to the minimum wages prescribed by a National Standard Order or a Wage Regulation Order in the private sector.

2. The Committee notes that section 22A of the Conditions of Employment (Regulation) Act 1952 appears to disqualify part-time employees from any right to receive the half-yearly bonus payments granted to whole-time employees. The Committee requests the Government to indicate whether these bonus payments are in fact also granted proportionately to part-time workers, among whom women may comprise a majority.

3. The Committee notes that the salaries of female employees in Government employment were raised by annual increments with the object of attaining parity with the salaries of male employees doing the same job; and that such parity was attained in 1971. Recalling that the Convention provides for equal remuneration for "work of equal value", the Committee requests the Government to provide information on the way in which wage rates are determined for public sector employees, including relevant orders or regulations together with details on the criteria used to compare jobs undertaken by men and women. The Committee would also be grateful if the Government would indicate the means available to public employees to enforce a claim for equal remuneration.

4. The Committee requests the Government to supply information on the manner in which the principle of equal remuneration is applied in those cases where wages are fixed by collective agreement, and to indicate the criteria and procedures used in establishing job classifications and wage rates in agreements. The Committee also requests the Government to supply copies of collective agreements fixing wage rates for any trades and industries employing a significant number of women.

5. The Committee requests the Government to indicate the methods which have been adopted or envisaged to promote an objective appraisal of jobs on the basis of the work to be performed (Article 3 of the Convention) with particular regard to wage rates fixed by collective agreement.

6. The Committee requests the Government to supply information on the way in which it co-operates with the employers' and workers' organisations concerned for the purpose of giving effect to the Convention, in respect of remuneration above the statutory minimum rates (Article 4 of the Convention).