Effect given to the recommendations of the committee and the Governing Body - Report No 350, June 2008

Effect given to the recommendations of the Committee and the Governing Body

1. 123. The Committee examined this case, which concerns an amendment to the law on public holidays which effectively nullified existing collective agreement clauses on this matter and restricted the parties’ right to adopt relevant clauses in future agreements, at its May–June 2006 meeting [342nd Report, approved by the Governing Body at its 296th Session, paras 722–751]. On that occasion, the Committee made the following recommendations:
   • The Committee requests the Government to amend section 6 of the National Holidays and Other Public Holidays Act so as to ensure that this provision: (i) 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; and (ii) does not preclude voluntary negotiations in the future over the issue of granting workers the right to recover national or public holidays which fall on a Saturday or Sunday on the basis of a collective agreement. The Committee requests to be kept informed in this respect.
2. 124. In a communication dated 18 June 2007, the complainant General Workers’ Union (GWU) indicates that the Government has so far failed to amend section 6 of the National Holidays and Other Public Holidays Act and this provision continues to impinge on the right of free collective bargaining.
3. 125. The Committee regrets the absence of a response by the Government to the complainant’s communication as well as the lack of information on measures taken to give effect to the Committee’s recommendations. It recalls from the previous examination of this case that the interruption by law of provisions in already concluded collective agreements is not in conformity with the principles of free collective bargaining and that measures restraining collective bargaining may be taken only within the context of economic stabilization policies, if they remain exceptional and do not exceed a reasonable period of time, which was not found to be the case in Malta [342nd Report, paras 748 and 750]. The Committee therefore once again requests the Government to amend section 6 of the National Holidays and Other Public Holidays Act so as to ensure that this provision: (i) 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; and (ii) does not preclude voluntary negotiations in the future over the issue of granting workers the right to recover national or public holidays which fall on a Saturday or Sunday on the basis of a collective agreement. The Committee requests to be kept informed in this respect.