Demande directe (CEACR) - adoptée 2004, publiée 93ème session CIT (2005)

1. While noting the brief information provided in the Government’s report and the attached legislation, the Committee considers that this information is not sufficient for it to be able to assess the manner in which the Convention is applied in practice. It hopes that the Government will provide more detailed information with its next report on the application in practice of the principle of equality of opportunities and treatment for men and women workers in employment and occupation.

2. Article 1 of the Convention. Sexual harassment. The Committee notes that the Equality for Men and Women Act (Act No. 1 of 2003) prohibits sexual harassment in employment and occupation. The Committee notes the definition of sexual harassment (section 9(1)) and that the person responsible for any workplace is obliged to try to prevent the occurrence of sexual harassment at the workplace through such steps as are reasonably practicable (section 9(2)(a)). It also notes that any person harassing another person is guilty of an offence (without prejudice to any greater liability under any other law) which might result in conviction to a fine or to imprisonment for not more than six months, or to both a fine and imprisonment (section 9(3)). The Committee requests the Government to provide information with its next report on the measures taken or envisaged to ensure the application of the prohibition of sexual discrimination and on alleged discrimination cases and their outcome.

3. Political opinion. Having noted previously that the establishment of the Employment Commission under article 122(a) of the Maltese Constitution in order to protect against discrimination in employment and occupation on the ground of political opinion, the Committee reiterates its previous requests to the Government to provide information on the cases submitted to the Employment Commission and to provide copies of the Commission’s decisions and information on the activities of the Commission.

4. Sex discrimination. The Committee notes that the Government has not, as in previous years, provided a reply to the concern expressed by the Committee on the subject of the employment service of female employees accumulated prior to the time they were required to resign due to marriage. It has noted previously that this period is counted as experience in access to jobs and promotions but is not recognized for the purposes of calculating pensions, thereby placing re-employed women at a distinct disadvantage because their actual years of service are not taken into account. The Committee therefore reiterates its earlier request to the Government to indicate in its next report how many women are still in service whose pensionable remuneration will be negatively affected by the fact that they were forced to resign due to marriage prior to 1980.

5. Activities to promote gender equality in the private sector. The Committee notes the Business Promotion Act (Act No. 21 of 1988), as amended, up to Act No. 3 of 2004, provided by the Government. Having previously noted that section 18A provides for the opportunity to create subsidized child daycare centres at workplaces in order to enhance the participation of women in the labour market in the private sector, it reiterates its previous request to the Government to provide information in its next report on the actual implementation of this Act and on other initiatives to improve the participation of women in the private sector, including information on the number of industries that have availed themselves of said incentives and the impact of this measure on the employment of women in those industries. It also asks the Government to provide information with its next report on any further progress made by the Employment and Training Corporation (ETC) and the Commission for the Advancement of Women in promoting women’s employment and participation in training and to provide a copy of the report containing practical proposals on how to promote women’s participation.

6. Article 3(a). Cooperation with employers’ and workers’ organizations. The Committee also reiterates its previous request to the Government to provide information with its next report on the measures taken by the Government to seek the cooperation of workers’ and employers’ organizations, in accordance with Article 3(a) of the Convention.

7. Part IV of the report form. Enforcement. Having already noted the possibility for victims to lodge a discrimination claim within the time period of four months to the Industrial Tribunal (section 30) and the prohibition of victimization of a person alleging discrimination (section 28), the Committee requests the Government to provide detailed information with its next report on any cases referring to discrimination or victimization and the outcome of any cases being lodged.