Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Malta (Ratification: 1965)

The Committee takes note of the information provided by the Government in its report and notes in particular that a subcommittee of the Malta Council for Economic Development is still examining the Industrial Relations Act with the aim of formulating the amendments needed to improve voluntary procedures for the settlement of industrial disputes. The Government also indicates that it will inform the Committee once discussions on the amendments have concluded.

The Committee regrets that discussions on the amendments to the Act in question have been continuing now for over ten years and can only reiterate the discrepancies between the legislation (sections 27-34 of the 1976 Industrial Relations Act) and the Convention relating to the discretionary powers of the Minister to impose compulsory arbitration whereas such recourse should be restricted to the following cases: (a) public servants exercising authority in the name of the State; (b) essential services, namely those the interruption of which would endanger the life, safety or health of the whole or part of the population; (c) situations of acute national crisis; or (d) cases in which both parties request arbitration.

The Committee requests the Government to keep it informed in its next report of discussions in the Malta Council for Economic Development and expresses again the firm hope that the Government will take the necessary measures in the very near future to bring its legislation into greater conformity with the Convention.