Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Malta (Ratification: 1968)

1. The Committee notes with interest the Government's sustained efforts to promote equality of opportunity and treatment in employment for women, demonstrated by the establishment in 1996 of the Parliamentary Secretariat for Women's Rights and the activities of the Department of Equal Status for Women and the Commission for the Advancement of Women, including its elaboration of a 1997-2000 Programme for Action which also functions as a tool for the implementation of the Platform for Action of the Fourth Conference on Women. The Committee would appreciate receiving information on the status of implementation of this Programme for Action.

2. With reference to its previous direct request regarding legislation affecting the status of women in employment and occupation, the Committee notes with interest from the 1997 Annual Report of the Department of Equal Status of Women that the Parliamentary Secretariat for Women's Rights has set up an ad hoc committee to study the drafting of a sex discrimination Act which will provide for the establishment of an equal opportunities commission with the mandate to investigate cases of sex-based discrimination and provide remedies. The Committee notes that such action would be in conformity with ILO Recommendation No. 111 and requests the Government to keep it informed of developments in this regard.

3. The Committee notes that, following the entry into force of Act XX of 1996, which amends the Income Tax Act (Chapter 123), married couples can now file a joint income tax return request signed by both spouses where, under previous legislation, the husband was the only recognized person able to file an income tax return request. It also notes that in 1995 the Social Security Act was amended with regard to the definition of "head of household". Where previously the law recognized the husband as the "sole head of household", the new provisions define the head of household as "such person as is in the opinion of the Director of Social Security the head of the household". The Committee requests the Government to provide information on the criteria used by the Director of Social Security in determining the head of household. In addition, the Committee notes that the schedules in which benefits are laid down refer to two categories, namely "a single parent or married man who is maintaining his wife" and "any other person". It requests the Government to indicate whether it intends to bring these schedules in line with the new definition of head of household.

4. The Committee notes from the information supplied by the Government that measures were taken to ensure that the Industrial Development Act, passed by Parliament, offered incentives and subsidies to those industries that plan to set up a childcare centre at the workplace. The Committee requests the Government to supply it with a copy of the Act and to provide information on the subsidies granted for childcare centres under the Act. Further, noting the Government's statement that it is committed to introducing legislation to update the provisions of the Conditions of Employment (Regulation) Act and that consultations are taking place with the social partners, and other interested parties, the Committee requests the Government to keep it informed of progress in this area, especially concerning sexual harassment, protection of pregnant workers and parental leave, as mentioned in previous reports.

5. The Committee notes that the employment service of female employees accumulated prior to their marriage is not recognized, which puts re-employed women at a distinct disadvantage because their actual years of service are not taken into account. It notes the Government's indication that this is an issue to be resolved. Recalling paragraph 41 of its 1988 General Survey on equality in employment and occupation in which it considered that distinctions based on civil status are discriminatory by nature under the terms of the Convention to the extent that they result in a requirement or condition being imposed on an individual of a particular sex that would not be imposed on an individual of another sex, the Committee requests the Government to inform it of any measures under discussion in this regard. It would also appreciate receiving information on measures taken or envisaged by the Government to seek the cooperation of employers' and workers' organizations on this issue, in accordance with Article 3(a) of the Convention.

6. With reference to its previous direct request on sex-based segregation in the labour market, the Committee notes the data supplied on the gender profile of the labour market. It notes from the Government's report that the Department on Equal Status of Women planned to collect, analyse and publish the information emerging from the population census held in November 1995 and subsequently develop recommendations for initiatives to help men and women achieve equality more effectively. The Committee would appreciate receiving a copy of the report "Gender trends in Malta: A statistical profile", as well as being informed of any recommendations developed on the basis of the analysis undertaken, other than those that may be contained in the national action programme.

7. The Committee notes the information provided by the Government on the general functioning of the Employment Commission, established under article 122(A) of the Constitution in order to protect against political discrimination in employment. The Committee would appreciate receiving information on the kinds of cases being handled by the Commission, as well as copies of any decisions which would demonstrate how the national policy on the elimination of political discrimination in employment is being effectively implemented through the national machinery.