Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

Weekly Rest (Industry) Convention, 1921 (No. 14) - Malta (Ratification: 1988)

The Committee notes the information provided in the Government's report and requests the Goverment to provide additional information on the following points:

1. Articles 2 and 4 of the Convention. The Committee notes that the Weekly Day of Rest and Annual Vacation Leave National Standard Order, 1989, and the various Wages Council Wage Regulation Orders supplied by the Government grant a minimum weekly rest period of one day to "whole-time employees". Whole-time employees are defined in the relevant orders on the basis of the number of hours worked in a week in order to distinguish them from part-time employees. The Committee would be glad if the Government would clarify whether part-time employees are excluded from the provisions of Article 2 by virtue of Article 4 of the Convention and, if so, whether the responsible associations of employers and workers were consulted. If part-time employees are not to be excluded from the Convention, the Government is requested to indicate the measures taken to ensure the application of its provisions to part-time employees and the manner in which they are applied in practice to this category of workers. Furthermore, the Government is requested to indicate, if possible, the number of "part-time employees" (as defined in the relevant orders) working in industrial undertakings covered by the Convention.

2. Articles 4, 5 and 6. The Committee notes from the Government's report that an employer may engage a worker on overtime on a weekly day of rest, but that in such cases the employee is entitled to compensation at overtime rates. At the same time, the Government has stated that there is at present no provision in the law obliging an employer to compensate an employee with another day off. The Committee would recall that persons covered by the Convention are entitled to an uninterrupted weekly rest period of not less than 24 consecutive hours, subject to exceptions allowed under Article 4. The Government is, therefore, requested to supply, with its next report, a list of exceptions made under Article 4 and to indicate any consultations of the responsible associations of employers and workers. Furthermore, the Government is requested to indicate the measures taken to provide for compensatory periods of rest in such cases, in conformity with Article 5 of the Convention.

3. Points III and V of the report form. The Government is once again requested to supply information with its next report on the working of inspection in respect of weekly rest, including relevant extracts from inspection reports, statistics on the number of persons covered by the Convention and the number and nature of any contraventions of the legislation. Please indicate in particular whether any specific amendments to the legislation are contemplated in the light of the Committee's comments.