Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

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:

1. Article 1(1)(b). Other grounds. Noting that the Equal Treatment in Employment Regulations 2004 deal with discrimination on the basis of disability, age and sexual orientation, the Committee asks the Government to provide information on the practical application of the Regulations with respect to these grounds.

2. Article 2. National policy with respect to grounds other than sex. The Committee refers to its previous comments in which it noted the new legislation providing for equality of opportunity and treatment and prohibiting discrimination in employment and occupation on the basis of all the grounds in Article 1(1)(a) of the Convention, except social origin. The Committee notes that the Government’s report contains little other information on how the Government is promoting in practice a national policy of equality of opportunity and treatment in employment and occupation with respect to the grounds enumerated in the Convention. The Committee asks the Government to provide full particulars in its next report on the concrete measures taken to ensure and promote in practice equality of opportunity and treatment and protection against direct and indirect discrimination in recruitment and training on the grounds of race, colour, religion, national extraction and political opinion. Please also provide specific information on the measures taken or envisaged in law and in practice to address discrimination on the ground of social origin in accordance with the Convention.

3. Promoting equality of opportunity and treatment between men and women. The Committee notes the information in the Government’s report concerning the activities carried out, including by the National Commission for the Promotion of Equality (NCPE) and the Gender Unit of the Employment and Training Corporation to promote equality between men and women in the labour market. It notes in particular the activities to address gender stereotypes and roles in the labour market, the projects to increase women’s participation in the labour market through affordable childcare services at the workplace and to increase the participation of men in raising and caring for their children, and the project aimed at reaching out to women to assist them to participate, remain and advance in the labour market. The Committee asks the Government to provide detailed information, including statistical information disaggregated by sex, on the results achieved, in particular on the manner in which these projects have helped to improve the participation of women in private sector employment, including in jobs with career prospects and in posts of responsibility. Please also indicate the number of enterprises that have availed themselves of the proposed incentives to set up childcare services.

4. Access to vocational training and education The Committee notes that the Employment and Training Corporation is responsible for implementing Regulation No. 14 of the Business Promotion Regulations. Regulation No. 14 regulates the awarding of financial assistance to employers to provide training to new employees and those who wish to upgrade their skills, and promote retraining of employees whose skills no longer fit the requirements of the enterprise. The Government is requested to indicate the number of enterprises or employers that have availed themselves of the financial assistance for skills training and the number of men and women benefiting from this type of training, as well as the impact on their employment situation. Please also provide more detailed information (including statistical data on the participation of men and women), on any other programmes and measures taken or envisaged to increase women’s participation in a wide variety of vocational training courses and as such improve the employment opportunities, and the results achieved.

5. Enforcement. The Committee notes the information in the Government’s report on the cases concerning discrimination and victimization handled by the Industrial Tribunal. Please continue to provide information on the nature and number of cases and complaints concerning discrimination dealt with by the Industrial Tribunal, the Employment Commission and the National Commission for the Promotion of Equality, including their outcome and the remedies provided.

6. The Committee notes that the Government’s report contains no reply to any of the other points raised in its previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request which read in relevant parts as follows:

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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 upon 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 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.

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7. 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.