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

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

Article 2, paragraph 1, of the Convention. Scope of application. Part-time employees. The Committee notes the adoption of the Organisation of Working Time Regulations (S.L.452.87), Legal Notice No. 247 of 2003, as amended by Legal Notice No. 427 of 2007, and the Part-Time Employees Regulations (S.L.452.79), Legal Notice No. 427 of 2002, as last amended by Legal Notice No. 240 of 2008. In particular, it notes with satisfaction that, contrary to the previous legislation that excluded part-time workers working less than 20 hours per week from the right to annual paid holidays, section 6 of the Part-Time Employees Regulations now provides that all part-time employees, whose part-time employment is their principal employment, are entitled pro rata to the minimum period of annual leave, i.e. the equivalent in hours of four weeks and four working days.

Article 6, paragraph 2. Exclusion of days of sickness. The Committee notes that, the Organisation of Working Time Regulations do not contain any provision stipulating that periods of incapacity for work resulting from sickness may not be counted as part of the minimum annual holiday with pay. The Committee requests the Government to explain how it is given effect to this requirement of the Convention.

Article 7, paragraph 1. Holiday remuneration. The Committee notes the Government’s indication that holiday remuneration is calculated at the ordinary basic wage of the employee concerned. It notes, however, that the Organisation of Working Time Regulations do not appear to contain specific provisions to this effect. It would therefore appreciate if the Government would indicate the provisions of the national legislation expressly defining the “usual remuneration” of the workers concerned as the basis of calculation of holiday pay.

Article 8, paragraph 2. Division of annual leave into parts. The Committee notes that, under the terms of the Organisation of Working Time Regulations, annual paid holiday does not necessarily have to be taken over a continuous uninterrupted period of four weeks and four working days. In this connection, it recalls that this Article of the Convention provides that, when annual holiday with pay may be broken into parts, one of the parts must consist of a minimum of two uninterrupted working weeks, unless otherwise provided in an agreement between the employer and the employee. The Committee requests the Government to indicate the measures taken to ensure that one part of a divided annual paid holiday consists of at least two uninterrupted working weeks.

Article 10. Timing of holidays. The Committee notes the Government’s indication that annual leave may be availed of on days agreed upon between the employer and employee. It notes, however, that the Organisation of Working Time Regulations do not appear to contain specific provisions in this regard. It therefore requests the Government to specify the relevant provisions of the national legislation.

Article 12. Relinquishment of the right to annual holiday. The Committee notes with satisfaction that, under section 8(1) of the Organisation of Working Time Regulations, a minimum period equivalent to four weeks may not be replaced by an allowance in lieu, except where the employment relationship is terminated – a point that the Committee had been raising for a number of years.

Part V of the report form. Application in practice. The Committee would be grateful if the Government would supply together with its next report up to date information on the manner in which the Convention is applied in practice, including, for instance, statistics on the number of workers covered by the relevant legislation, labour inspection results showing the number of breaches recorded and sanctions imposed, any difficulties encountered in the enforcement of the relevant legislation, copies of collective agreements containing clauses on annual holidays with pay, etc.