Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

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

Article 2 of the Convention. Right to establish organizations without previous authorization. The Committee observes that, pursuant to section 51 of the Employment and Industrial Relations Act, 2002 (EIRA), a trade union or an employers’ association and any member, officer or other official thereof, may not perform any act in furtherance of any of the purposes for which it is formed unless such union or association has first been registered. The penalty for contravention of this provision is a fine not exceeding €1,165. The Committee recalls in this regard that although the official recognition of an organization through its registration constitutes a relevant aspect of the right to organize, as it is the first measure to be taken so that organizations can fulfil their role effectively, the exercise of legitimate trade union activities should not be dependent upon registration and should not be subject to penalties (see General Survey on the fundamental Conventions, 2012, paragraph 83). The Committee requests the Government to take the necessary measures to repeal section 51 of the EIRA.