Malta dispute between GWU and Government over public holidays and free collective bargaining

Dear friends,

The case regarding the reduction of workers’ leave in lieu of public holidays falling on a weekend was yesterday decided in favour of the GWU by the ILO’s Governing Body. Therefore, the Government of Malta is now being requested by ILO to repeal section 6 of the National Holidays and Other Public Holidays Act to so as ensure that this provision does not render automatically null and void any provisions in existing collective agreements which grant workers the right to recover public holidays falling on a Saturday or Sunday. In its decision the Freedom of Association Committee requested the Government not to preclude voluntary negotiations in the future over the issue of granting workers the right to recover public holidays which fall on a Saturday or Sunday.
Last September 2005, the GWU through its legal office and with the support of ICFTU filed a case against the Malta Government complaining that Section 6 of the National Holidays and Other Public Holidays Act violates the fundamental principle of the right of trade unions and employers to regulate their relationship through a collective agreement, and that the same amendment to the law was intended to nullify clauses in existing collective agreements regarding addition leave in lieu of public holidays falling on a day of rest for the workers.

Through the ILO’s Freedom of Association’s Committee decision, which was also upheld by the Governing Body, the thousands of workers, both in the private and public sectors, covered by a collective agreement have won back the right to recover public holidays falling on a weekend. The decision meant also that the Government have to refrain from from involving itself, by legislation or otherwise, in the free bargaining between social partners to regulate their relations through collective agreement.

Cory Greenland

International Officer
GWU - Malta
Tel/Fax: +356-21238100
Email: cgreenland@gwu.org.mt