Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 2, paragraph 1, of the Convention. The Committee notes with regret that part-time workers working less than 20 hours per week are still not entitled to annual paid holiday, a point which the Committee has commented on for years. The Committee reiterates that the Convention applies to all employed persons, with the exception of seafarers. The Convention does not differentiate between part- and full-time workers. Under the Convention part-time workers shall have the same rights and entitlements as full-time workers. The Government is therefore requested to take all necessary action to ensure that all employed persons in Malta will be entitled to paid annual leave and to inform the Office on any progress made.

Article 12. The Committee notes the Government’s indication that it is in the process of amending the current legislation to ensure that the right to paid annual holiday may not be compensated in case the employer fails to grant it, but to guarantee that the employee will benefit from the whole of the holiday to which he or she is entitled to. The Committee requests the Government to keep the Office informed of all progress achieved in this respect.