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 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 2014, published 104th ILC session (2015)

Article 6(2) of the Convention. Exclusion of days of sickness. In its previous comments, the Committee had noted that the Organisation of Working Time Regulations did 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 Government’s most recent report contains no information on this issue. The Committee requests once again the Government to explain how it is given effect to this requirement of the Convention.

Article 7(1). Holiday remuneration. In its previous comments, the Committee had noted the Government’s indication that holiday remuneration was calculated at the ordinary basic wage of the employee concerned. However, the Organisation of Working Time Regulations did not appear to contain specific provisions to this effect. The Government’s most recent report contains no information on this issue. The Committee requests once again the Government to 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(2). Division of annual leave into parts. In its previous comments, the Committee had noted that, under the terms of the Organisation of Working Time Regulations, annual paid holiday did not necessarily have to be taken over a continuous uninterrupted period of four weeks and four working days. In this regard, the Committee 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 Government’s most recent report contains no information on this issue. The Committee requests once again 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. In its previous comments, the Committee had noted the Government’s indication that annual leave may be availed of on days agreed upon between the employer and employee. It noted, however, that the Organisation of Working Time Regulations did not appear to contain specific provisions in this regard. The Government’s most recent report contains no information on this issue. The Committee therefore requests the Government to specify the relevant provisions of the national legislation on this question.

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 2(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 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(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(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(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 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.

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 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 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 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 2009, published 99th ILC session (2010)

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.

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 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. The Committee notes with regret that part-time workers working less than 20 hours per week are still not entitled to annual paid holiday, a point which the Committee has commented on for years. The Committee reiterates that the Convention applies to all employed persons, with the exception of seafarers. The Convention does not differentiate between part- and full-time workers. Under the Convention part-time workers shall have the same rights and entitlements as full-time workers. The Government is therefore requested to take all necessary action to ensure that all employed persons in Malta will be entitled to paid annual leave and to inform the Office on any progress made.

Article 12. The Committee notes the Government’s indication that it is in the process of amending the current legislation to ensure that the right to paid annual holiday may not be compensated in case the employer fails to grant it, but to guarantee that the employee will benefit from the whole of the holiday to which he or she is entitled to. The Committee requests the Government to keep the Office informed of all progress achieved in this respect.

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, 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 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 2003, published 92nd ILC session (2004)

Article 2, paragraph 1, of the Convention. The Committee notes with regret that part-time workers working less than 20 hours per week are still not entitled to annual paid holiday, a point which the Committee has commented on for years. The Committee reiterates that the Convention applies to all employed persons, with the exception of seafarers. The Convention does not differentiate between part- and full-time workers. Under the Convention part-time workers shall have the same rights and entitlements as full-time workers. The Government is therefore requested to take all necessary action to ensure that all employed persons in Malta will be entitled to paid annual leave and to inform the Committee on all success achieved.

Article 12. The Committee notes the Government’s indication that it is in the process of amending the current legislation to ensure that the right to paid annual holiday may not be compensated in case the employer fails to grant it, but to guarantee that the employee will benefit from the whole of the holiday to which he or she is entitled to. The Committee requests to be kept informed of all progress achieved in this respect.

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 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 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 1995, published 82nd ILC session (1995)

The Committee notes the information provided by the Government in reply to its previous comments. It requests the Government to provide further clarification on the following points:

Article 2 of the Convention. In its previous comments, the Committee noted that in various Wages Council Wage Regulation Orders and the Conditions of Employment (Regulation) Act, 1952, the definition of a "whole-time employee" is based on the number of hours worked per week, thus distinguishing whole-time employees from part-time employees. It recalled that the Convention applies to all employed persons, with the exception of seafarers. The Government indicates in its report that draft legislation to replace the Conditions of Employment (Regulation) Act, 1952, is under consideration, to entitle part-time employees to payment pro rata, in relation to working hours, for vacation leave and public holidays. The Committee requests the Government to indicate the categories of part-time employees which remain excluded from the application of the Convention and the manner in which the organizations of employers and workers concerned were consulted with respect to these exclusions. It also requests the Government to indicate the number of part-time employees estimated in the country and keep the Office informed of any developments in its law and practice with respect to this category of employed persons.

Article 6, paragraph 2. The Committee notes from the Government's report that when an employee becomes sick during his holiday leave, he is deemed still to be on holidays. In this respect, the Committee recalls that, under Article 6, paragraph 2, of the Convention, under conditions determined by the competent authority, periods of incapacity for work resulting from sickness or injury occurring during periods of vacation leave, may not be counted as part of the three-week minimum annual holiday with pay. It therefore requests the Government to indicate the measures taken or contemplated to ensure application of this provision of the Convention.

Article 7, paragraph 2. In its report the Government states that payment of wages is not normally made in advance of holidays and that this is generally accepted. The Committee wishes to draw the Government's attention to the fact that under this provision of the Convention, remuneration for holidays shall be paid in advance of the holiday, unless otherwise provided in an agreement applicable to the person concerned and the employer. It requests the Government to indicate the measures taken to ensure that the amounts due are paid in advance of the holidays.

Article 9, paragraphs 1 and 2. In its report the Government indicates that accumulation of leave is permitted only where there is an agreement between the workers and their employers or the workers' representatives and the employer. In this connection, the Committee again recalls that Article 9, paragraph 1, provides that the minimum period of uninterrupted leave of two working weeks must be granted and taken no later than one year, and the remainder of the annual paid leave no later than 18 months, from the end of the year in which the holiday entitlement arises. Article 9, paragraph 2, further provides that any part of the annual holiday with pay which exceeds a stated minimum may be postponed, with the consent of the employed person concerned, beyond the period specified in paragraph 1 of this Article and up to a further specified time-limit. It therefore repeats its requests to the Government to indicate the minimum annual paid holiday and the time-limit referred to above which have been established.

Article 11. The Committee previously noted that if an employee's employment is terminated during the course of a calendar year, the employer is asked to ensure that the employee is paid pro rata for leave entitlement, failing which the case is referred to Court and payment is enforceable under section 41 of the Conditions of Employment (Regulation) Act, 1952. Since the Office did not receive a copy of section 41 with the Government's report, the Committee would be grateful if the Government would supply a copy of this section.

Article 12. The Committee notes the Government's statement in its report that if the employer fails to grant holiday leave when due, the employee is entitled to compensation. The Committee recalls that this Article provides that any agreement to relinquish the right to a minimum annual holiday with pay is to be prohibited. The Committee therefore requests the Government to indicate the measures that have been taken to ensure that, regardless of any monetary compensation, the worker benefits from the whole of the holidays to which he is entitled.

Article 14 and point V of the report form. The Committee would be grateful if the Government would provide any relevant extracts from inspection reports and statistics concerning the number of employed persons covered by the legislation regulating holidays with pay and the number and nature of any violations of this legislation reported, as well as the sanctions imposed.

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 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 1993, published 80th ILC session (1993)

The Committee notes with interest the information provided in the Government's report, concerning the application of Articles 5(3), 5(4) and 13 of the Convention. It requests the Government to provide additional information in its next report on the following points.

Article 2 of the Convention. The Committee notes the information provided in the Government's report concerning the definition of "whole-time employees". It notes that, in various Wages Council Wage Regulation Orders and the Conditions of Employment (Regulations) Act, 1952, the definition of a "whole-time employee" is based on the number of hours worked per week, thus distinguishing whole-time employees from part-time employees. The Committee would recall that the Convention applies to all employed persons, with the exception of seafarers. The Convention provides under Article 2(2) that certain exclusions concerning limited categories of employed persons in respect of whose employment special problems of a substantial nature arise may be made from the scope of application, after consultation with the organizations of employers and workers concerned. The Government is, therefore, requested to indicate whether limited categories of part-time employees are indeed excluded from the application of the Convention and, if so, to indicate the manner in which the organizations of employers and workers concerned were consulted (Article 2(2)), the reasons for such exclusion and the position of the law and practice with respect to this category of employed persons (Article 2(3)). Please also indicate the number of part-time employees estimated in the country. If part-time employees are not excluded from the Convention, the Government is requested to indicate the measures taken to ensure the application of the Convention to this category of employed persons.

Article 6, paragraph 2. Please indicate whether and in what conditions periods of incapacity due to sickness or injury occurring during the annual holiday with pay are excluded from such holiday.

Article 7, paragraph 1. The Committee would recall that this Article provides that every person taking annual paid holiday must receive at least his or her normal or average remuneration, calculated in a manner to be determined by the competent authority or through appropriate national machinery. The Government is requested to indicate the manner in which holiday remuneration is calculated.

Article 7, paragraph 2. The Committee notes from the Government's report that payment for holidays is made by the employer during the course of employment as part of the wages when due. It would recall that this Article provides for holiday wages due to be paid to the person concerned in advance of the holiday and requests the Government to indicate the manner in which this provision is applied in practice and any steps taken or envisaged to ensure the application of this Article.

Article 8. The Committee notes from the Government's report that annual paid holiday does not necessarily have to be taken over a continuous uninterrupted period of two working weeks. It would recall that paragraph 2 of this Article 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 Government is requested to indicate the measures taken to ensure that one part of a divided annual paid holiday consist of at least two uninterrupted working weeks.

Article 9, paragraph 1. The Committee would recall that Article 9(1) provides that the minimum period of uninterrupted leave of two working weeks must be granted and taken no later than one year, and the remainder of the annual paid leave no later than 18 months, from the end of the year in respect of which the holiday entitlement has arisen. The Government is requested to indicate the measures taken to ensure that the annual holiday with pay is taken within the time specified in this Article.

Article 9, paragraphs 2 and 3. (a) The Committee notes the indication in the Government's report that the accumulation of holiday leave is permitted in practice so long as there is an agreement between the employer and the trade union representing the workers in the establishment. Article 9(2) provides that any part of the annual holiday with pay which exceeds a stated minimum may be postponed, with the consent of the employed person concerned, up to a further specified time-limit. The Government is requested to indicate the minimum annual paid holiday and the time-limit referred to above which have been established, and to state whether these were established after consultation with the organizations of employers and workers concerned, by collective agreement or by another method consistent with national practice. Furthermore, the Government is requested to indicate the measures taken to ensure that any postponement of holiday leave with pay occurs with the consent of the employed person concerned.

(b) It further notes that the Professional Offices Wages Council/Wage Regulation Order, 1975, provides in section 8 that vacation leave may be given in half-day periods and may be accumulated over a period not exceeding two calendar years. The Government is requested to indicate whether this accumulation is permitted only for a holiday exceeding the minimum referred to above and, if not, to indicate the measures taken to ensure that the conditions set forth in paragraph 1 of this Article are met for all employed persons covered by the Convention.

Article 11. The Committee notes that if an employee's employment is terminated during the course of a calendar year the employer is asked to ensure that the employee is paid pro rata for leave entitlement, failing which the case is referred to Court and payment is enforceable under section 41 of the 1952 Act. Please clarify whether payment is thus enforceable in all cases, and supply a copy of section 41.

Article 12. The Committee would recall that this Article provides that any agreement to relinquish the right to a minimum annual holiday with pay is to be prohibited. The Government is requested to indicate the measures taken or envisaged to ensure the application of this Article.

Article 14 and point V of the report form. The Committee notes the indication in the Government's report that the measures for the application of the Convention are enforced by means of inspection. The Government is requested to suply with its next and future reports any relevant extracts from inspection reports and any statistics available concerning the number of employed persons covered by the legislation regulating holidays with pay and the number and nature of any contraventions of this legislation reported.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes the information provided in the Government's first report on the application of the Convention. It would be grateful if additional information on the following points were provided in the next report, in respect of both the public and private sectors.

Article 2(2) and (3) of the Convention. The Committee notes that the Weekly Day of Rest and Annual Vacation Leave National Standard Order, 1989 covers "whole-time employees" as that term is used in recognised conditions of employment in accordance with section 10 of the Conditions of Employment (Regulation) Act, 1952. It would be grateful if the Government would indicate the meaning of the term "whole-time employees" and, in so far as employed persons might be excluded from the application of the Convention, provide the information requested in the report form.

Article 5(3). Please indicate how length of service is calculated for purposes of this Article.

Article 5(4). Please indicate under what conditions absence from work for reasons beyond the control of the employed person is counted as part of the period of service required for entitlement to an annual holiday with pay.

Article 6(2). Please indicate whether and in what conditions periods of incapacity for work resulting from sickness or injury are counted as part of the annual holiday with pay.

Article 7. Please indicate how holiday pay is calculated and whether it is paid to persons concerned in advance of the holiday.

Article 8. Please indicate whether division of the annual holiday into parts is authorised and, if it is, whether at least one part must consist of at least two uninterrupted working weeks.

Article 9. Please indicate under what circumstances any accumulation of untaken holiday leave is permitted, having regard to this Article.

Article 11. Please indicate how, upon termination of employment, the holiday with pay due, compensation in lieu, or the equivalent holiday credit are guaranteed.

Article 12. Please indicate how it is ensured that agreements to relinquish the right to the minimum annual holiday are prohibited.

Article 13. Please indicate any rules in respect of engaging in a gainful activity during the annual holiday.

Article 14. Please indicate the manner in which the proper application and enforcement of regulations and provisions concerning annual holidays with pay are assured, whether by inspection or otherwise.

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.

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).