Demande directe (CEACR) - adoptée 2003, publiée 92ème session CIT (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.