Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106) - 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)

Articles 7(2) and 8(3) of the Convention. Permanent and temporary exemptions. Compensatory rest. In its previous comment, the Committee had noted that, under section 14 of the Organization of Working Time Regulations (L.N. 247/2003, as amended by L.N. 427/2007), where the application of the normal weekly rest scheme is excluded and as a result a worker is required to work during a period which would otherwise be a period of rest, the employer is under the obligation to grant such compensatory rest period that can be reasonably considered as equivalent to the normal 24-hour rest period. Furthermore, in exceptional cases in which it may not be possible for objective reasons to grant such a period of rest, the employer must afford appropriate protection to safeguard the worker’s health and safety excluding monetary compensation or other material benefits. The Committee had considered that this provision, in its qualified wording, was not fully consistent with the Convention which requires in unequivocal terms that compensatory rest of a total duration at least equivalent to 24 hours be granted in all cases of authorized exemptions, whether permanent or temporary. The Government’s most recent report contains no information on this issue. The Committee wishes to refer to paragraph 153 of its 1984 General Survey on Working time concerning permanent exemptions to Article 7(2) of the Convention where it is stated that “all persons to whom such special schemes apply shall be entitled, in respect of each period of seven days, to rest of a total duration at least equivalent to the period provided for in Article 6, that is 24 hours”. Similarly, regarding temporary exemptions, as indicated in paragraph 173 of the General Survey, Article 8(3) of the Convention states that “any person working on the weekly rest day must be granted compensatory rest”. The Committee requests the Government to consider replacing the expressions used by section 14 of the Organization of Working Time Regulations, which refers to periods “reasonably equivalent”, to “objective reasons” and to “appropriate protection”, by provisions ensuring explicitly to the worker deprived of weekly rest a compensatory rest of equivalent duration as required under Articles 7(2) and 8(3) of the Convention.

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

Articles 7(2) and 8(3) of the Convention. Permanent and temporary exemptions. Compensatory rest. The Committee notes that, under section 14 of the Organization of Working Time Regulations (L.N. 247/2003, as amended by L.N. 427/2007), where the application of the normal weekly rest scheme is excluded and as a result a worker is required to work during a period which would otherwise be a period of rest, the employer is under the obligation to grant such compensatory rest period as can be reasonably considered as equivalent to the normal 24-hour rest period and, in exceptional cases in which it may not be possible for objective reasons to grant such a period of rest, the employer must afford appropriate protection to safeguard the worker’s health and safety excluding monetary compensation or other material benefits. The Committee considers that this provision in its qualified wording is not fully consistent with the Convention which requires in unequivocal terms that compensatory rest of a total duration at least equivalent to 24 hours be granted in all cases of authorized exemptions, whether permanent or temporary. The Committee requests the Government to explain how section 14 of the Organization of Working Time Regulations, and in particular references such as “reasonably equivalent”, “objective reasons” and “appropriate protection”, can be deemed to give effect to the clear requirement of Articles 7(2) and 8(3) of the Convention.

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

Article 7, paragraph 2, and Article 8, paragraph 3, of the Convention. Permanent and temporary exemptions. Compensatory rest. The Committee notes that, under section 14 of the Organization of Working Time Regulations (L.N. 247/2003, as amended by L.N. 427/2007), where the application of the normal weekly rest scheme is excluded and as a result a worker is required to work during a period which would otherwise be a period of rest, the employer is under the obligation to grant such compensatory rest period that can be reasonably considered as equivalent to the normal 24-hour rest period and, in exceptional cases in which it may not be possible for objective reasons to grant such a period of rest, the employer must afford appropriate protection to safeguard the worker’s health and safety excluding monetary compensation or other material benefits. The Committee considers that this provision in its qualified wording is not fully consistent with the Convention which requires in unequivocal terms that compensatory rest of a total duration at least equivalent to 24 hours be granted in all cases of authorized exemptions, whether permanent or temporary. The Committee requests the Government to explain how section 14 of the Organization of Working Time Regulations, and in particular references such “reasonably equivalent”, “objective reasons” and “appropriate protection”, can be deemed to give effect to the clear requirement of Articles 7(2) and 8(3) of the Convention.

Part V of the report form. Application in practice. The Committee notes that the Government has not communicated for many years general information concerning the application of the Convention in practice. It would therefore appreciate receiving up to date 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 contraventions observed concerning weekly rest and sanctions imposed, 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 of the Convention. The Committee notes that, while the definition of the weekly rest day under section 2(1) of the Employment and Industrial Relations Act (Cap. 452) of 2002, is consistent with this Article, section 3 of the Weekly 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 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 to remove discrimination against part-time workers, regulates specified issues, such as annual and 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.

Article 8, paragraph 3. The Government indicated that the parliamentary discussion on the envisaged provision, to grant compensatory rest, in addition to overtime pay, to employees who are required to work on a weekly rest day, had not yet finished. The Committee expresses the hope that the amendment will soon be adopted and give full effect to this Article. It asks the Government to keep the Office informed of any progress achieved.

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

Article 2 of the Convention. While the definition of the weekly rest day under section 2(1) of the Employment and Industrial Relations Act (Cap. 452) of 2002, is consistent with this Article, section 3 of the Weekly 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 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 to remove discrimination against part-time workers, regulates specified issues, such as annual and 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.

Article 8, paragraph 3. The Government indicates that the parliamentary discussion on the envisaged provision, to grant compensatory rest, in addition to overtime pay, to employees who are required to work on a weekly rest day, has not yet finished. The Committee expresses the hope that the amendment will soon be adopted and give full effect to this Article. It asks the Government to keep it informed on all progress achieved.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information in the Government’s report and the reply to its previous comments concerning Articles 2, 8 and 10 of the Convention.

Article 2 of the Convention. The Committee notes the information concerning part-time employees and the Part-time Employment National Standard Order of 1996.

This Order, however, does not contain particular regulations which ensure the full application of the Convention, i.e. at least one uninterrupted weekly rest period of 24 hours.

The Committee requests the Government to indicate the measures taken to ensure the application of the Convention to part-time employees. Please also indicate the number of part-time employees working in establishments covered by the Convention.

Article 8. The Committee notes the information given by the Government regarding the progress in amending the Employment (Regulation) Act. As the amendments contemplated include the provision entitling employees who are required to work on a weekly rest day to a compensatory rest day in addition to overtime payment, the Committee hopes that the Government will include an equivalent provision in the amended Employment (Regulation) Act. It requests the Government to indicate further progress and to supply copies of the relevant texts when they are adopted.

Article 10 and Part V of the report form With respect to its direct request of 1993, the Committee requests the Government to supply information in its future reports concerning the practical application of the Convention, including relevant extracts from inspection reports, and statistics on the number and nature of any contraventions of the legislation with respect to weekly rest.

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

With reference to its previous comments concerning the application of various provisions of the Convention, the Committee requests the Government to refer to the points that it has made under Convention No. 14, as follows:

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. It has particularly noted with interest that its comments have been noted and will be kept in mind when amending the Conditions of Employment (Regulation) Act. It requests the Goverment to provide additional information on the following points:

1. Article 2 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 Government is requested to indicate the measures taken to ensure the application of this Convention to part-time employees and the manner in which it is 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 establishments covered by the Convention.

2. Article 8. 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. It would recall that persons covered by the Convention are entitled to an uninterrupted weekly rest period of not less than 24 hours, with the exception of temporary exemptions made under this Article of the Convention. The Government is, therefore, requested to indicate the circumstances in which temporary exemptions may be granted and the manner in which the representative employers' and workers' organizations concerned have been consulted. Furthermore, since 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 hopes the Government will indicate steps taken to amend the legislation and practice so as to ensure that, when a temporary exemption is made, the persons concerned are granted compensatory rest of at least 24 hours.

3. Article 10 and point V of the report form. The Government is requested to supply information with its next and future reports concerning the practical application of the Convention, 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 with respect to weekly rest.

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

The Committee notes the information in the first report.

Article 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.

Article 8. Please include in future reports information on any temporary exemptions from weekly rest provisions.

Article 10. Please also include in future reports available information on the working of inspection in relation to weekly rest (see Part III of the report form).