Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 2 of the Convention. General standard on maximum limits on hours of work. Further to its previous comment, the Committee notes the Government’s explanations concerning the voluntary character of the “opting-out” clause provided for in section 20 of the Organization of Working Time Regulations, 2004, and the additional guarantees (i.e. protection of workers against penalization not willing to work for more than 48 hours, record-keeping, right of inspectors to prohibit or restrict additional hours for reasons of safety or health) which in the Government’s view exclude any risk of abuse or threat to the worker’s health and welfare. While noting these clarifications, the Committee is obliged to recall that, in its current reading, the Organization of Working Time Regulations permit exceptions to the general standard of eight hours a day and 48 hours a week under conditions that go far beyond those prescribed by the Convention and that, in any event, exceptions to maximum limits on hours of work based on individual agreement are not consistent with either the letter or the spirit of the Convention.

In addition, the possibility to opt out in writing based on the worker’s prior consent is not accompanied by any specific limit on weekly, monthly or annual working hours whereas the Convention explicitly stipulates that the maximum of additional hours in each instance of exceptions must be fixed by regulations made by public authority. In this regard, the Committee wishers to draw the Government’s attention to paragraph 144 of its General Survey of 2005 on hours of work in which it noted that that, even though the establishment of specific limits to the total number of additional hours is left to the competent authorities, this does not mean that such authorities have unlimited discretion in this regard. Such limits must be “reasonable” and they must be prescribed in line with the general goal of the Convention, namely to establish the eight-hour day and 48‑hour week as a legal standard of hours of work in order to provide protection against undue fatigue and to ensure reasonable leisure and opportunities for recreation and social life. Moreover, the Committee notes that the same point has been raised by the European Committee of Social Rights which, in its 2007 conclusions, found that the situation in Malta is not in conformity with Article 2(1) of the European Social Charter due to the absence of limits on overtime and of the guarantee of the workers’ right to reasonable working hours. While noting that the opting-out clause has been the main obstacle to the efforts to revise European Working Time Directive 2003/88/EC, the Committee requests the Government to indicate the measures it intends to take in order to bring the national legislation into full conformity with the requirements of the Convention.

Article 5. Averaging of hours of work. In the absence of any reply to its previous comment on this point, the Committee is obliged to recall that the Convention allows for the variable distribution of hours of work over a period longer than a week only in exceptional cases where it is recognized that the general standard of Article 2 cannot be applied and where an agreement between workers’ and employers’ organizations has been concluded and given the force of regulations made by public authority. Therefore, section 7 of the Organization of Working Time Regulations, which does not limit the averaging of working hours to any specified exceptional cases, is not in conformity with the provisions of Article 5 of the Convention. The Committee requests the Government to indicate any measures taken or envisaged in order to give full effect to this Article of the Convention.

Article 8, paragraph 1. Posting of notices. The Committee notes the Government’s statement that no specific provision is made in the labour legislation for the notification of work schedules by means of posting of notices in conspicuous places at the workplace. It also notes the Government’s reference to the Information to Employees Regulations (L.N. 431 of 2002, as amended by L.N. 427 of 2007), which require every employer to give each employee within eight working days from the commencement of employment various information regarding employment conditions, including the normal hours of work. The Committee requests the Government to indicate any measures it intends to take in order to give full effect to this Article of the Convention.

Part VI of the report form. Application in practice. The Committee would be grateful if the Government would provide together with its next report up to date information on the practical application of the Convention, including, for instance, statistics on the number of workers covered by the relevant legislation, extracts from labour inspection reports showing the number and nature of infringements of the working time legislation observed and the sanctions imposed, copies of collective agreements containing clauses on working time arrangements, all available information on the operation of the opting-out clause in practice, recent surveys or studies on working time issues, etc.

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:

Article 1 of the Convention. The Committee notes that under section 3(3)(a) of the Organisation of Working Time Regulations, 2004, the regulations do not apply where other legislation laying down more specific provisions relating to the organization of working time for certain occupations or occupational activities are in force. It also notes that the hours of work are established by various Wage Regulation Orders (WROs) most of which prescribe that the hours of work are not to exceed eight hours in a day and 40 hours in a week. The Committee requests the Government to clarify whether it is intended that WROs continue to regulate working time with respect to specific sectors of economic activity or categories of workers and whether the Organisation of Working Time Regulations are applicable to those sectors or categories of workers covered by WROs.

Article 2. The Committee notes that section 20 of the Organisation of Working Time Regulations, 2004 provides that the statutory limits on working time may not apply in relation to a worker who has agreed with his employer in writing that these limits should not apply, provided that the employer takes the necessary measures to ensure that no worker is required to work on average more than 48 hours over a seven-day period, unless the employer has first obtained the worker’s agreement to perform such work. The Committee draws the Government’s attention to the fact that the Convention does not allow for exemption possibilities, or “opting-out” from statutory limits on working time based on individual agreements, it being understood that such an arrangement would represent a real risk of abuse and a major threat for the worker’s health and welfare. The Committee requests the Government to keep the Office informed of any new developments in this respect, especially in light of the ongoing debate at European Union level concerning the amendment of the 2003 Directive on working time.

Article 3. The Committee notes that under section 15(f) of the Organisation of Working Time Regulations, 2004, the rules on daily rest, rest breaks and weekly rest may not apply where the worker’s activities are affected by: (i) an occurrence due to unusual and unforeseeable circumstances beyond the control of the worker’s employer; (ii) exceptional events, the consequences of which could not have been avoided despite the exercise of all due care by the employer; or (iii) an accident or the imminent risk of an accident. The Committee requests the Government to indicate how it is ensured that the above exceptions are limited to the extent necessary to avoid serious interference with the ordinary working of the undertaking, as required by this Article of the Convention.

Article 4. The Committee notes that under section 15(c) of the Organisation of Working Time Regulations, 2004, the rules on daily rest, rest breaks and weekly rest may not apply to activities involving the need for continuity of service or production, including industries in which work cannot be interrupted on technical grounds. While noting that this provision is of a much broader scope than Article 4 of the Convention as it also includes work at docks or airports, gas, water and electricity production plants, and passenger transport services, the Committee requests the Government to indicate the provisions that ensure the application of the maximum 56-hour limit specified in this Article of the Convention.

Article 5. The Committee notes that under section 7(1) and (3) of the Organisation of Working Time Regulations, 2004, the maximum average weekly working time is calculated on the basis of a reference period which may vary from 17 to 52 weeks, that is to say from four months to one year. It also notes that section 19(2) of the Regulations provides for a reference period of 12 months for offshore workers. The Committee considers that the above provisions are not in conformity with the Convention to the extent that Article 5 permits the averaging of the hours of work only in exceptional cases (where it is recognized that the general standard of Article 2 cannot be applied) and further presupposes an agreement between workers’ and employers’ organizations which has been given the force of regulations by the Government. The Committee requests therefore that the Government supply additional explanations in this respect and also indicate the manner in which the representative employers’ and workers’ organizations were consulted before these regulations were made.

Articles 6 and 7, paragraph 1(c). The Committee notes that under section 18(a) of the Organisation of Working Time Regulations, 2004, a collective agreement may modify or exclude the application of rules on daily or weekly rest and rest breaks in relation to a group of workers. It would therefore be grateful if the Government would transmit copies of any collective agreements providing for exemptions from the statutory limits on working time for specific groups of workers.

Article 8, paragraph 1. The Committee notes that there is no provision requiring the notification of work schedules by means of the posting of notices in conspicuous places at the workplace. It therefore requests the Government to indicate the measures taken or envisaged to ensure the application of this provision of the Convention.

Part VI of the report form. The Committee requests the Government to provide information on the practical application of the Convention, including, for instance, extracts from official reports and information on any difficulties encountered in the application of the Convention.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the adoption and entry into force of the Organisation of Working Time Regulations (S.L. 452.87) 2004. It would appreciate receiving additional information on the following points.

Article 1 of the Convention. The Committee notes that under section 3(3)(a) of the Organisation of Working Time Regulations, 2004, the regulations do not apply where other legislation laying down more specific provisions relating to the organization of working time for certain occupations or occupational activities are in force. It also notes that according to the Government’s report, the hours of work are established by various Wage Regulation Orders (WROs) most of which prescribe that the hours of work are not to exceed eight hours in a day and 40 hours in a week. The Committee requests the Government to clarify whether it is intended that WROs continue to regulate working time with respect to specific sectors of economic activity or categories of workers and whether the Organisation of Working Time Regulations are applicable to those sectors or categories of workers covered by WROs.

Article 2. The Committee notes that section 20 of the Organisation of Working Time Regulations, 2004 provides that the statutory limits on working time may not apply in relation to a worker who has agreed with his employer in writing that these limits should not apply, provided that the employer takes the necessary measures to ensure that no worker is required to work on average more than 48 hours over a seven-day period, unless the employer has first obtained the worker’s agreement to perform such work. The Committee draws the Government’s attention to the fact that the Convention does not allow for exemption possibilities, or "opting-out" from statutory limits on working time based on individual agreements, it being understood that such an arrangement would represent a real risk of abuse and a major threat for the worker’s health and welfare. The Committee requests the Government to keep it informed of any new developments in this respect, especially in light of the ongoing debate at European Union level concerning the amendment of the 2003 Directive on working time.

Article 3. The Committee notes that under section 15(f) of the Organisation of Working Time Regulations, 2004, the rules on daily rest, rest breaks and weekly rest may not apply where the worker’s activities are affected by: (i) an occurrence due to unusual and unforeseeable circumstances beyond the control of the worker’s employer; (ii) exceptional events, the consequences of which could not have been avoided despite the exercise of all due care by the employer; or (iii) an accident or the imminent risk of an accident. The Committee requests the Government to indicate how it is ensured that the above exceptions are limited to the extent necessary to avoid serious interference with the ordinary working of the undertaking, as required by this Article of the Convention.

Article 4. The Committee notes that under section 15(c) of the Organisation of Working Time Regulations, 2004, the rules on daily rest, rest breaks and weekly rest may not apply to activities involving the need for continuity of service or production, including industries in which work cannot be interrupted on technical grounds. While noting that this provision is of a much broader scope than Article 4 of the Convention as it also includes work at docks or airports, gas, water and electricity production plants, and passenger transport services, the Committee requests the Government to indicate the provisions that ensure the application of the maximum 56-hour limit specified in this Article of the Convention.

Article 5. The Committee notes that under section 7(1) and (3) of the Organisation of Working Time Regulations, 2004, the maximum average weekly working time is calculated on the basis of a reference period which may vary from 17 to 52 weeks, that is to say from four months to one year. It also notes that section 19(2) of the Regulations provides for a reference period of 12 months for offshore workers. The Committee considers that the above provisions are not in conformity with the Convention to the extent that Article 5 permits the averaging of the hours of work only in exceptional cases (where it is recognized that the general standard of Article 2 cannot be applied) and further presupposes an agreement between workers’ and employers’ organizations which has been given the force of regulations by the Government. The Committee requests therefore that the Government supply additional explanations in this respect and also indicate the manner in which the representative employers’ and workers’ organizations were consulted before these regulations were made.

Articles 6 and 7, paragraph 1(c). The Committee notes that under section 18(a) of the Organisation of Working Time Regulations, 2004, a collective agreement may modify or exclude the application of rules on daily or weekly rest and rest breaks in relation to a group of workers. It would therefore be grateful if the Government would transmit copies of any collective agreements providing for exemptions from the statutory limits on working time for specific groups of workers.

Article 8, paragraph 1. The Committee notes that there is no provision requiring the notification of work schedules by means of the posting of notices in conspicuous places at the workplace. It therefore requests the Government to indicate the measures taken or envisaged to ensure the application of this provision of the Convention.

Part V of the report form. The Committee requests the Government to provide information on the practical application of the Convention, including, for instance, extracts from official reports and information on any difficulties encountered in the application of the Convention.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Employment and Industrial Relations Act (Cap. 452) of 2002, which in itself does not set working hours but stipulates in section 6 that the Minister may, after consultation with the tripartite Employment Relationship Board, prescribe the maximum weekly working hours, including overtime for employees, and may make different provisions for different classes of employees including any incidental, supplemental or consequential provisions as may be deemed necessary.

According to the Government’s indication, no such prescription has been made to date. Currently, working hours are regulated for the different sectors in wage regulation orders. The Committee requests the Government to inform the Committee of any future regulations issued under section 6 of the Employment and Industrial Relations Act of 2002 and to provide copies.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the Government’s last report which refers to the report for the period ending in May 1999. It notes the information that the ILO will be informed of progress in the revision of the Conditions of Employment Act. It recalls that its previous comments largely concerned the measures to be taken to give effect to the provisions of Article 6 of the Convention and hopes that the Government’s next report will contain information in this respect.

The Committee once again asks the Government to provide all available information on how the Convention is applied in practice, and in particular to indicate the actual length of the working day and the number of additional hours worked, by providing, for example, extracts of the reports of the inspection services or the statistical data requested in Part VI of the report form.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

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:

The Committee notes the information supplied by the Government in reply to its direct request, and the Wage Regulation Orders supplied with the report.

The Committee takes due note of the Government's statement that the Committee's comments will be kept in view when preparing draft legislation to revise the Conditions of Employment (Regulation) Act. It requests the Government to keep the Office informed of any development in this respect. It recalls that its comments deal essentially with the measures to be taken to give effect to the provisions of Article 6 of the Convention, which provides that regulations made by public authority, after consultation with the organizations of employers and workers concerned, shall fix the maximum of additional hours which may be allowed.

In the meantime, the Committee requests the Government to supply information in its next report on the effect given in practice to the Convention, and particularly on the actual length of the working day and the number of additional hours performed, by providing, for example, as provided in Part VI of the report form, extracts of the reports of the inspection services and, where appropriate, the statistical data requested.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes the information supplied by the Government in reply to its direct request, and the Wage Regulation Orders supplied with the report.

The Committee takes due note of the Government's statement that the Committee's comments will be kept in view when preparing draft legislation to revise the Conditions of Employment (Regulation) Act. It requests the Government to keep the Office informed of any development in this respect. It recalls that its comments deal essentially with the measures to be taken to give effect to the provisions of Article 6 of the Convention, which provides that regulations made by public authority, after consultation with the organizations of employers and workers concerned, shall fix the maximum of additional hours which may be allowed.

In the meantime, the Committee requests the Government to supply information in its next report on the effect given in practice to the Convention, and particularly on the actual length of the working day and the number of additional hours performed, by providing, for example, as provided in Part VI of the report form, extracts of the reports of the inspection services and, where appropriate, the statistical data requested.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The information supplied to the Committee in response to its 1991 direct request has been noted by the Committee. The Committee would, however, wish to repeat its request in connection with the following provisions:

Article 6, paragraph 1, of the Convention. Please supply full particulars on regulations adopted under this provision of the Convention treating permanent and temporary exceptions in the public and private sectors.

Article 6, paragraph 2, of the Convention. The Committee notes that national legislation does not fix the maximum number of additional hours which may be authorised in the event that provision is made for permanent and temporary exceptions. It points out that, in accordance with this provision of the Convention, regulations which determine exceptions to normal hours of work shall be made following consultations with organisations of employers and workers concerned and shall fix the number of additional hours which may be authorised in each instance. The Committee requests the Government to take the necessary measures to give effect to the Convention on this point.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes the information supplied by the Government in its first report. It requests the Government to supply additional information on the following points:

Article 6, paragraph 1, of the Convention. Please supply full particulars on the regulations adopted under this provision of the Convention in the public and private sectors.

Article 6, paragraph 2. The Committee notes that the national legislation does not fix the maximum number of additional hours which may be authorised in the event of the exceptions that are provided for. It points out that, in accordance with this provision of the Convention, the regulations that determine the exceptions to normal hours of work shall be made after consultation with the organisations of employers and workers concerned and shall fix the maximum of additional hours that may be authorised in each instance. The Committee requests the Government to take the necessary measures to give effect to the Convention on this point.

Article 8. Please supply full information on the application of this provision in the public and private sectors.