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

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 1 of the Convention. Scope of application. Transport workers. In its previous comment, the Committee had noted that, under section 19(1) of the Organisation 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 did not apply to mobile workers – defined as workers employed as members of travelling or flying personnel by an undertaking operating transport service for passengers or goods by road, air or inland waterway – provided that necessary arrangements were taken to ensure that such mobile workers had 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 land, the Committee requests the Government once again to indicate how it is giving effect to the Convention with respect to mobile workers. Moreover, the Committee had noted that the term “adequate rest” was 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. The Government’s most recent report contains no information on this point. Noting that this open-ended definition does not correspond to the precise weekly rest standard set out in the Convention, the Committee requests the Government once again to provide additional explanations in this respect.

Articles 4 and 5. Total or partial exceptions. Compensatory rest. In its previous comment, the Committee had noted that, under section 15 of the Organization of Working Time Regulations, the basic rule on 24-consecutive-hour weekly rest did 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 once again 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 to the comments made this year under Articles 7(2) and 8(3) of the Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106).

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

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:

Repetition

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 the necessary arrangements are made 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).

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

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.

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

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. While the definition of the weekly day of rest given under section 2(1) of the Employment and Industrial Relations Act (Cap. 452) of 2002 is consistent with article 2, section 3, of the Weekly Days of Rest and Annual Vacation Leave National Standard Order (38/89) of 1989, by explicitly restricting the entitlement to a minimum of one day of rest in every week to full-time workers and thus excluding part-time workers, contravenes the wide scope of the Convention. Furthermore, the Part-Time Employees Regulations, 2002 (Legal Notice 427/2002), with the purpose of removing discrimination against part-time workers, regulate specific issues such as annual or sick leave, income supplements or vocational training, but not weekly rest. Even if in practice the majority of part-time workers enjoy at least one day of weekly rest, this should be made legally binding on employers. The Committee therefore requests the Government to indicate any measures envisaged to ensure that the principle of weekly rest also applies to part-time workers.

Articles 4, 5 and 6. Section 17 of the Employment and Industrial Relations Act further stipulates, for full-time workers only, an additional day of vacation leave during the calendar year for each public holiday, which falls on a weekly rest day or on a Sunday. The Committee asks the Government to indicate the measures taken or envisaged to ensure that also work, including part-time work, carried out on a weekly rest day is compensated, as far as possible, by equivalent periods of rest. Please also communicate a list of the exceptions made under Articles 3 and 4 of the Convention, comprising the indications asked for under Article 6 of the Convention.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

Article 2, paragraph 1, of the Convention. While the definition of the weekly day of rest given under section 2(1) of the new Employment and Industrial Relations Act (Cap. 452) of 2002 is consistent with article 2, section 3, of the Weekly Days of Rest and Annual Vacation Leave National Standard Order (38/89) of 1989, by explicitly restricting the entitlement to a minimum of one day of rest in every week to full-time workers and thus excluding part-time workers, contravenes the wide scope of the Convention. Furthermore, the Part-Time Employees Regulations, 2002 (Legal Notice 427/2002), with the purpose of removing discrimination against part-time workers, regulate specific issues such as annual or sick leave, income supplements or vocational training, but not weekly rest. Even if in practice the majority of part-time workers enjoy at least one day of weekly rest, this should be made legally binding on employers. The Committee therefore requests the Government to indicate any measures envisaged to ensure that the principle of weekly rest also applies to part-time workers.

Articles 4, 5 and 6. Section 17 of the Employment and Industrial Relations Act further stipulates, for full-time workers only, an additional day of vacation leave during the calendar year for each public holiday, which falls on a weekly rest day or on a Sunday. The Committee asks the Government to indicate the measures taken or envisaged to ensure that also work, including part-time work, carried out on a weekly rest day is compensated, as far as possible, by equivalent periods of rest.

Please also communicate a list of the exceptions made under Articles 3 and 4 of the Convention, comprising the indications asked for under Article 6 of the Convention.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

With reference to its previous comments on the application of Articles 2, 4, 5 and 6 of the Convention, the Committee notes the Government's statement in its last report that a revision of the Conditions of Employment (Regulations) Act (Cap. 135) is planned for the near future. It further notes the Government's indication that the amendments contemplated include provisions to entitle employees who are required to work on a weekly rest day to a compensatory rest day in addition to overtime pay and to revise the conditions of employment of part-time employees. The Committee requests the Government to indicate in its next report the progress achieved in this respect and to supply a copy of the relevant text when it is adopted.

With respect to its previous comments concerning points III and V of the report form, the Committee notes the statement in the Government's report that inspections are carried out on all days of the week including Sundays and also on public holidays. The Committee requests the Government to provide extracts from inspection reports and relevant statistics concerning the practical application of the Convention with its future reports.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes the information provided in the Government's report and requests the Goverment to provide additional information on the following points:

1. Articles 2 and 4 of the Convention. The Committee notes that the Weekly Day of Rest and Annual Vacation Leave National Standard Order, 1989, and the various Wages Council Wage Regulation Orders supplied by the Government grant a minimum weekly rest period of one day to "whole-time employees". Whole-time employees are defined in the relevant orders on the basis of the number of hours worked in a week in order to distinguish them from part-time employees. The Committee would be glad if the Government would clarify whether part-time employees are excluded from the provisions of Article 2 by virtue of Article 4 of the Convention and, if so, whether the responsible associations of employers and workers were consulted. If part-time employees are not to be excluded from the Convention, the Government is requested to indicate the measures taken to ensure the application of its provisions to part-time employees and the manner in which they are applied in practice to this category of workers. Furthermore, the Government is requested to indicate, if possible, the number of "part-time employees" (as defined in the relevant orders) working in industrial undertakings covered by the Convention.

2. Articles 4, 5 and 6. The Committee notes from the Government's report that an employer may engage a worker on overtime on a weekly day of rest, but that in such cases the employee is entitled to compensation at overtime rates. At the same time, the Government has stated that there is at present no provision in the law obliging an employer to compensate an employee with another day off. The Committee would recall that persons covered by the Convention are entitled to an uninterrupted weekly rest period of not less than 24 consecutive hours, subject to exceptions allowed under Article 4. The Government is, therefore, requested to supply, with its next report, a list of exceptions made under Article 4 and to indicate any consultations of the responsible associations of employers and workers. Furthermore, the Government is requested to indicate the measures taken to provide for compensatory periods of rest in such cases, in conformity with Article 5 of the Convention.

3. Points III and V of the report form. The Government is once again requested to supply information with its next report on the working of inspection in respect of weekly rest, including relevant extracts from inspection reports, statistics on the number of persons covered by the Convention and the number and nature of any contraventions of the legislation. Please indicate in particular whether any specific amendments to the legislation are contemplated in the light of the Committee's comments.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes the information in the first two reports.

Articles 1 and 2 of the Convention. Please provide a copy of any national standard orders, wage regulation orders, joint industrial council determinations or voluntary settlements or awards as referred to in section 10 of the Conditions of Employment (Regulation) Act, 1952, which relate to the weekly rest of workers covered by the Convention.

Articles 4, 5 and 6. Please indicate whether any total or partial exceptions from weekly rest provisions have been authorised, and if so what compensatory rest periods operate.

Part III of the report form. Please describe the working of inspection in respect of weekly rest.