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

Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106) - Malta (Ratification: 1988)

The Committee notes the information provided in the Government's report. It has particularly noted with interest that its comments have been noted and will be kept in mind when amending the Conditions of Employment (Regulation) Act. It requests the Goverment to provide additional information on the following points:

1. Article 2 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 Government is requested to indicate the measures taken to ensure the application of this Convention to part-time employees and the manner in which it is 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 establishments covered by the Convention.

2. Article 8. 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. It would recall that persons covered by the Convention are entitled to an uninterrupted weekly rest period of not less than 24 hours, with the exception of temporary exemptions made under this Article of the Convention. The Government is, therefore, requested to indicate the circumstances in which temporary exemptions may be granted and the manner in which the representative employers' and workers' organizations concerned have been consulted. Furthermore, since 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 hopes the Government will indicate steps taken to amend the legislation and practice so as to ensure that, when a temporary exemption is made, the persons concerned are granted compensatory rest of at least 24 hours.

3. Article 10 and point V of the report form. The Government is requested to supply information with its next and future reports concerning the practical application of the Convention, 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 with respect to weekly rest.