Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Weekly Rest (Industry) Convention, 1921 (No. 14) - Malta (Ratification: 1988)

Article 1 of the Convention. Scope of application. Transport workers. The Committee notes that, under section 19(1) of the Organization of Working Time Regulations (L.N. 247/2003, as amended by L.N. 427/2007), the provisions on the minimum uninterrupted weekly rest period of 24 hours do not apply to mobile workers – defined as workers employed as members of travelling or flying personnel by an undertaking operating transport services for passengers or goods by road, air or inland waterway – provided that necessary arrangements are taken to ensure that such mobile workers have adequate rest. Recalling that, under Article 1 of the Convention, the term “industrial undertaking” includes transport of passengers or goods by road, rail or inland waterway, including the handling of goods at docks, quays, wharves or warehouses, but excluding transport by hand, the Committee requests the Government to indicate how it is giving effect to the Convention with respect to mobile workers. Moreover, the Committee notes that the term “adequate rest” is defined as rest periods which are sufficiently long and continuous to ensure that as a result of fatigue or other irregular working patterns, workers do not cause injury to themselves, to fellow workers or to others. Noting that this open-ended definition bears little relationship with the precise weekly rest standard set out in the Convention, the Committee requests the Government to provide additional explanations in this respect.

Articles 4 and 5. Total or partial exceptions. Compensatory rest. The Committee notes that, under section 15 of the Organization of Working Time Regulations, the basic rule on 24-consecutive-hour weekly rest does not apply to numerous industrial activities, including: (i) activities involving the need for continuity of service or production, such as work at docks or airports, gas, water and electricity production, transmission and distribution plants, and industries in which work cannot be interrupted on technical grounds; and (ii) railway transport with respect to persons who spend their working time on board trains or whose activities are intermittent. The Committee recalls that the Convention calls for the provision, as far as possible, of compensatory rest in all cases of authorized exceptions, and refers the Government in this connection to the comments made under Articles 7(2) and 8(3) of the Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106).

Part V of the report form. Application in practice. The Committee notes that for several years the Government has not supplied any general information on the practical application of the Convention. It would be grateful if the Government would provide in its next report all available information in this regard, including, for instance, statistics on the approximate number of workers covered by the relevant legislation, labour inspection results showing the number of infringements of the weekly rest legislation observed and sanctions imposed, copies of relevant collective agreements or wage regulation orders containing clauses on weekly rest, etc.