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Protection of Wages Convention, 1949 (No. 95) - Malta (RATIFICATION: 1965)

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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.

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Article 11 of the Convention. Protection of wage claims in bankruptcy proceedings. The Committee notes that the Government’s last report essentially reproduces information which had already been communicated in 2008 and does not respond to the specific points raised in the Committee’s most recent comments. More concretely, the Committee had requested the Government to provide detailed particulars concerning the establishment, administration and funding of the Guarantee Fund which should ensure the payment of unpaid wages in the event of the employer’s insolvency. The Committee understands that the Guarantee Fund has been established and operates in accordance with the Guarantee Fund Regulations issued in 2003. The Committee further understands that under section 7(4) of these Regulations, the tripartite Guarantee Fund Administration Board publishes an annual activity report. The Committee would appreciate receiving a copy of the latest activity report of the Guarantee Fund Administration Board. It would also appreciate if the Government could clarify whether the guarantee institution is financed through employers’ compulsory contributions, and provide statistics on the number of claims received and amounts paid per year. In view of the recent establishment of a wage guarantee fund, the Committee once again invites the Government to consider favourably the ratification of the Protection of Workers’ Claims (Employer’s Insolvency) Convention, 1992 (No. 173), which contains the most up-to-date standards in relation to the protection of workers’ service claims, by means of a privilege or through a guarantee institution.
Articles 14(b) and 15(d). Wage statement and maintenance of wage records. The Committee notes that section 4 of the Information to Employees Regulations requires an employer to give to the employee a signed statement, not later than eight working days from the commencement of employment, which must include, among other things, the normal and the overtime rates of wages payable, the periodicity of wage payments and the conditions under which fines may be imposed by the employer. The Committee also notes that section 9 of the same Regulations requires an employer to keep a register showing in respect of each employee, among other things, the total wages paid to the employee each week. However, the Committee observes that neither the Information to Employees Regulations nor the Employment and Industrial Relations Act seem to address the issue of a wage statement to be issued at the time of each payment of wages, as provided for in Article 14(b) of the Convention. The Committee accordingly requests the Government to provide additional explanations in this regard.

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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
The Committee notes the adoption of the Employment and Industrial Relations Act (Cap. 452) of 2002 which consolidates the Conditions of Employment (Regulation) Act (Cap. 135) and the Industrial Relations Act (Cap. 266). It also notes the adoption of the Information to Employees Regulations of 2003 (Subsidiary Legislation 452.83). More concretely, the Committee notes that although Part III of the Employment and Industrial Relations Act essentially reproduces the provisions of the Conditions of Employment (Regulation) Act concerning the protection of wages, certain new provisions have been introduced, for instance, section 21 establishing a wage guarantee fund (the “Guarantee Fund”), section 11(1) expressly referring to the payment of wages by bank transfer, and section 20 limiting the wage claims to be treated as privileged debts to three months’ pay. It requests the Government to keep the Office informed of any developments concerning the setting up and operation of the Guarantee Fund and takes this opportunity to draw the Government’s attention to the Protection of Workers’ Claims (Employer's Insolvency) Convention, 1992 (No. 173), which sets out up to date standards with respect to protection of workers’ claims by a guarantee institution.
Articles 14(b) and 15(d) of the Convention. Wage particulars and maintenance of adequate records. The Committee notes that section 14 of the Conditions of Employment (Regulation) Act on records of employees to be maintained by the employer has been slightly revised and incorporated into section 9 of the Information to Employees Regulations. It also notes, however, that section 26(3) of the Conditions of Employment (Regulation) Act which provided for a register of every deduction made in the form of fine does not appear to be reflected any longer in the consolidated labour legislation or the accompanying regulations. The Committee would appreciate receiving additional explanations on the legal provisions giving effect to the requirements of the Convention regarding the issue of wage statements at the time of each payment of wages.
Part V of the report form. Noting that the Government has practically never provided general information on the practical application of the Convention since its ratification, the Committee requests the Government to provide together with its next report up to date information in this regard including, for instance, statistics on the number of workers covered by relevant legislation, extracts from labour inspection reports showing the number and nature of wage-related infringements reported and sanctions imposed, copies of collective agreements containing clauses on pay conditions, or of official documents addressing wage issues, etc.

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The Committee notes with interest the adoption of the Employment and Industrial Relations Act (Cap. 452) of 2002 which consolidates the Conditions of Employment (Regulation) Act (Cap. 135) and the Industrial Relations Act (Cap. 266). It also notes the adoption of the Information to Employees Regulations of 2003 (Subsidiary Legislation 452.83). More concretely, the Committee notes that although Part III of the Employment and Industrial Relations Act essentially reproduces the provisions of the Conditions of Employment (Regulation) Act concerning the protection of wages, certain new provisions have been introduced, for instance, section 21 establishing a wage guarantee fund (the “Guarantee Fund”), section 11(1) expressly referring to the payment of wages by bank transfer, and section 20 limiting the wage claims to be treated as privileged debts to three months’ pay. It requests the Government to keep the Office informed of any developments concerning the setting up and operation of the Guarantee Fund and takes this opportunity to draw the Government’s attention to the Protection of Workers’ Claims (Employer's Insolvency) Convention, 1992 (No. 173), which sets out up to date standards with respect to protection of workers’ claims by a guarantee institution.

Articles 14(b) and 15(d) of the Convention. Wage particulars and maintenance of adequate records. The Committee notes that section 14 of the Conditions of Employment (Regulation) Act on records of employees to be maintained by the employer has been slightly revised and incorporated into section 9 of the Information to Employees Regulations. It also notes, however, that section 26(3) of the Conditions of Employment (Regulation) Act which provided for a register of every deduction made in the form of fine does not appear to be reflected any longer in the consolidated labour legislation or the accompanying regulations. The Committee would appreciate receiving additional explanations on the legal provisions giving effect to the requirements of the Convention regarding the issue of wage statements at the time of each payment of wages.

Part V of the report form. Noting that the Government has practically never provided general information on the practical application of the Convention since its ratification, the Committee requests the Government to provide together with its next report up to date information in this regard including, for instance, statistics on the number of workers covered by relevant legislation, extracts from labour inspection reports showing the number and nature of wage-related infringements reported and sanctions imposed, copies of collective agreements containing clauses on pay conditions, or of official documents addressing wage issues, etc.

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