08 Apr Collective Agreement Malta Government Employees 2017
In the private sector, the right to paternity leave (birth leave) for fathers is linked to the birth of a child and is granted for a particular sector under the Wage Regulation. In cases where the nature of the activity is not covered by a wage regulation, the birth leave is governed by the statutory mention 432 of 2007 – minimum regime for the right to special leave – corresponding to a working day of paid leave. Collective agreements can offer a better right than legislation. In the public sector, the fee is five days of paid leave. A night worker is defined as a worker who works at least three hours of his daily working time as a regular course in the hours between 10 p.m. and 6 hours the next day or who works more than 50% of his or her annual working time in hours between 10 p.m. and 6 p.m. the next day. In the latter scenario, a collective agreement may provide for a smaller proportion.
The Public Service Personal Welfare and Welfare Branch is adopting a Personnel Assistance Program (PSE) to assist public servants with personal, emotional and/or behavioural problems that compromise their work-life balance. Such an initiative shows that awareness of mental well-being in the workplace is increasingly important, which is important given that the OHSA estimates that work-related stress contributes to half of workers` absenteeism (Times of Malta, 2013). The introduction of new legal employment references will first be discussed in the Labour Relations Committee (ERB), the national advisory body set up by the government, in accordance with the provisions of the EIRA. The BER makes recommendations to the Minister for Labour so that the topics discussed are finally included in a national standard regulation or standard sector order. Collective agreements may provide a better right to parental leave under these regulations (e.g.B. Public service workers are entitled to a maximum of one year of parental leave for each child). To be officially recognized and thus obtain legal protection, a union must be registered by the Clerk of Trade Unions in accordance with the EIRA (title 2, part 1). This would require a union to have at least seven members to sign the corresponding application form. In order to be officially recognized in the workplace, it is customary for a union to represent at least 50% – 1 of the union`s workers, in accordance with the 2016 legal note 413, namely the recognition of union regulations. Nevertheless, workers from different companies, particularly in the public sector, set up different bargaining units and thus obtain separate recognition according to their job class.
The Nationalist Party has said it will abide by the new collective agreement if elected to government. The Malta Economic and Social Development Council (MCESD) is a national tripartite body that, as an advisory council of the Maltese government, provides advice and recommendations on economic and social issues. The Council has the legal personality, is appointed by the Prime Minister and consists of the following members: a president; Vice-President appointed by the Prime Minister to the Public Service; 10 persons appointed by representative organisations of employers and national workers have set up bodies; The Chairman of the Gozo Regional Committee, by law; and chair of the Committee on Civil Society (source: Malta Council for Economic and Social Development Act 2001). When a voluntary agreement is reached, a memorandum containing the terms of the agreement is drawn up and signed by the parties involved or their representatives.