Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

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

The Committee notes the information provided by the Government in reply to its previous comments. It requests the Government to provide further clarification on the following points:

Article 2 of the Convention. In its previous comments, the Committee noted that in various Wages Council Wage Regulation Orders and the Conditions of Employment (Regulation) Act, 1952, the definition of a "whole-time employee" is based on the number of hours worked per week, thus distinguishing whole-time employees from part-time employees. It recalled that the Convention applies to all employed persons, with the exception of seafarers. The Government indicates in its report that draft legislation to replace the Conditions of Employment (Regulation) Act, 1952, is under consideration, to entitle part-time employees to payment pro rata, in relation to working hours, for vacation leave and public holidays. The Committee requests the Government to indicate the categories of part-time employees which remain excluded from the application of the Convention and the manner in which the organizations of employers and workers concerned were consulted with respect to these exclusions. It also requests the Government to indicate the number of part-time employees estimated in the country and keep the Office informed of any developments in its law and practice with respect to this category of employed persons.

Article 6, paragraph 2. The Committee notes from the Government's report that when an employee becomes sick during his holiday leave, he is deemed still to be on holidays. In this respect, the Committee recalls that, under Article 6, paragraph 2, of the Convention, under conditions determined by the competent authority, periods of incapacity for work resulting from sickness or injury occurring during periods of vacation leave, may not be counted as part of the three-week minimum annual holiday with pay. It therefore requests the Government to indicate the measures taken or contemplated to ensure application of this provision of the Convention.

Article 7, paragraph 2. In its report the Government states that payment of wages is not normally made in advance of holidays and that this is generally accepted. The Committee wishes to draw the Government's attention to the fact that under this provision of the Convention, remuneration for holidays shall be paid in advance of the holiday, unless otherwise provided in an agreement applicable to the person concerned and the employer. It requests the Government to indicate the measures taken to ensure that the amounts due are paid in advance of the holidays.

Article 9, paragraphs 1 and 2. In its report the Government indicates that accumulation of leave is permitted only where there is an agreement between the workers and their employers or the workers' representatives and the employer. In this connection, the Committee again recalls that Article 9, paragraph 1, provides that the minimum period of uninterrupted leave of two working weeks must be granted and taken no later than one year, and the remainder of the annual paid leave no later than 18 months, from the end of the year in which the holiday entitlement arises. Article 9, paragraph 2, further provides that any part of the annual holiday with pay which exceeds a stated minimum may be postponed, with the consent of the employed person concerned, beyond the period specified in paragraph 1 of this Article and up to a further specified time-limit. It therefore repeats its requests to the Government to indicate the minimum annual paid holiday and the time-limit referred to above which have been established.

Article 11. The Committee previously noted that if an employee's employment is terminated during the course of a calendar year, the employer is asked to ensure that the employee is paid pro rata for leave entitlement, failing which the case is referred to Court and payment is enforceable under section 41 of the Conditions of Employment (Regulation) Act, 1952. Since the Office did not receive a copy of section 41 with the Government's report, the Committee would be grateful if the Government would supply a copy of this section.

Article 12. The Committee notes the Government's statement in its report that if the employer fails to grant holiday leave when due, the employee is entitled to compensation. The Committee recalls that this Article provides that any agreement to relinquish the right to a minimum annual holiday with pay is to be prohibited. The Committee therefore requests the Government to indicate the measures that have been taken to ensure that, regardless of any monetary compensation, the worker benefits from the whole of the holidays to which he is entitled.

Article 14 and point V of the report form. The Committee would be grateful if the Government would provide any relevant extracts from inspection reports and statistics concerning the number of employed persons covered by the legislation regulating holidays with pay and the number and nature of any violations of this legislation reported, as well as the sanctions imposed.